Archive for the
‘Risk Management’ Category

Litigation over restrictive covenant agreements, including non-competes, is on the rise. Because such agreements are viewed as restraints on trade, they are generally disfavored by Illinois courts. In a recent decision, an Illinois appellate court followed suit, striking down as overbroad and unreasonable the non-compete, non-solicit and confidentiality provisions in an employment agreement. AssuredPartners, Inc. […]

On June 1, 2015, the U.S. Supreme Court held that in order to prevail in a disparate-treatment claim, an applicant need show only that her need for accommodation was a motivating factor in the employer’s decision, not that the employer had actual knowledge of her need. In 2008, Samantha Elauf, a Muslim woman, applied for […]

2014 has certainly been an interesting year at the National Labor Relations Board (“the Board”).  This year has seen the joint-employer rulings to the Northwestern student-athlete representation hearing decision out of Region 13 (Chicago).  In addition, potential repercussion of the Supreme Court’s Noel Canning decision, which voids every Board decision from January 4, 2012 to […]

Illinois joins the growing list of states which have enacted legislation banning employers from asking about criminal convictions on an employment application. The new law, signed on July 21, 2014, applies to private-sector employers that have 15 or more employees in the current or preceding calendar year. It becomes effective on January 1, 2015. The […]

The Illinois Appellate Court recently issued a decision changing a fundamental aspect of the law on non-compete agreements in Illinois—which may cast doubt on the enforceability of non-compete agreements your company has put in place with new employees in the last two years. Prior to the court’s decision, Illinois law allowed an employer to enforce […]

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