• Posted on March 23, 2020

    Governor Pritzker signed Executive Order 2020-10 on March 20, 2020. It went into effect at 5:00pm on Saturday, March 21, 2020.
    This Executive Order generally requires individuals in Illinois to stay at home, but contains numerous exceptions.

    Any businesses qualifying as “Essential Businesses” are permitted to remain open.

  • Posted on April 10, 2015

    Posted by:  Brian LaFratta  Illinois recently enacted a new law requiring employers to provide reasonable accommodations for pregnant employees. The new law, which amends the Illinois Human Rights Act, went into effect on January 1, 2015. It applies to all employers in Illinois, regardless of the number of employees. Reasonable Accommodations  The new law effectively requires employers to treat pregnancy much like a disability in terms of providing accommodations. Accordingly, if an employee is unable to perform aspects of her position due to her pregnancy or pregnancy-related condition, the employer must provide a reasonable accommodation which will allow her to […]

  • Posted on December 18, 2014

    by Brian LaFratta Illinois employers are well aware that the law in this state is very protective of employees.  During 2014, several new employment laws were enacted which go into effect in 2015.  The following is a summary of these laws.  Extension of Sexual Harassment Laws to Unpaid Interns The Illinois Human Rights Act (“IHRA”) prohibits sexual harassment of employees.  On August 25, 2014, Governor Quinn signed legislation amending the IHRA to prohibit sexual harassment of unpaid interns, by expanding the definition of “employee” under the IHRA to include unpaid interns for purposes of sexual harassment. ​Although most employers already have […]

  • Posted on July 28, 2014

    by:  Brian LaFratta Non-compete agreements are very important tools for protecting your business and customer relationships.  However, non-compete agreements must be reasonable in scope and properly drafted in order to be enforceable, and courts routinely refuse to enforce improperly drafted non-competes.  Further complicating this picture are recent court rulings fundamentally changing non-compete law. Among other requirements, in order for a non-compete agreement to be enforceable, it must be supported by consideration.  For years, the rules regarding consideration for non-competes was as follows.  With a new employee, the consideration for the non-compete is the employer’s agreement to hire the employee in the […]

  • Posted on July 28, 2014

    With four generations of men and women in the workforce, we are in an unprecedented period in organizational life these days — one never experienced before. As of last year, there were approximately 35 million Traditionalists and 84 million Baby Boomers still in the workforce. For those who haven’t already retired since those numbers were calculated, many of the remaining Traditionalists, who range from 69 to 88 years old, are likely still maintaining active roles in the companies that they themselves once started simply because they haven’t determined how best to pass their batons to the next generation of business […]

  • Posted on May 23, 2014

    Posted by: Brian LaFratta In order to combat excessive absenteeism, many employers have implemented point systems.  Under such systems, the employee accumulates a point for each absence, and once the employee reaches a certain number of points, he or she is automatically terminated.  Such a system seems to be fair and reasonable, as presumably all employees will be treated the same way.  However, the EEOC feels differently and has cracked down on such policies in recent years.  According to the EEOC, such policies violate the Americans with Disabilities Act (“ADA”), which requires employers to accommodate employees with disabilities.  The EEOC’s […]

  • Posted on February 6, 2014

    Are you ready for the new Health Care Law? The Affordable Care Act, commonly referred to as “Obamacare,” looks like it is here to stay. Affected companies will have to offer health insurance required by the Act beginning in 2014. Have you started to plan how Obamacare could impact your Company? Now is the time to start. Depending on the size of your workforce, your Company may be subject to a sizeable penalty if you do not offer “affordable health coverage” to your full-time employees. If you qualify as a small employer, your Company could be eligible for certain tax credits if […]

  • Posted on May 17, 2013

    Health Care Reform Presentation at Frankfort Chamber of Commerce Attorneys Aaron Ruswick and Whitney Schmidt along with Stumm Insurance, LLC, presented to over 50 members of the Frankfort Chamber of Commerce at the Frankfort Educational Networking Symposium on May 15, 2013. The presentation included an overview of the past and future impact the Affordable Care Act (commonly referred to as “Obamacare”) has had and will have on individuals and businesses. You are welcome to view the Presentation here. Please give Aaron Ruswick, Whitney Schmidt, or your usual Huck Bouma PC contact a call to discuss how the Affordable Care Act may impact your business and how we can […]

  • Posted on November 30, 2012

    Coordinating FMLA leave and ADA obligations As any human resources professional will attest, complying with the FMLA is an administrative headache. The law is complicated and difficult to follow. However, the one part of the FMLA that is easy to understand is that the employee is required to return to work when her leave expires. Right? Well, maybe not. The EEOC has taken the position that leave is a reasonable accommodation under the ADA. According to the EEOC, this includes leave following the expiration of FMLA leave. To make matters worse, the EEOC is starting to crack down on employers […]

  • Posted on November 30, 2012

    You may have noticed that your FMLA notice and certification forms have an expiration date of December 31, 2011. No need to worry though. The DOL has issued “new” forms. These forms are virtually identical to the existing forms, but contain a February 28, 2015 expiration date. Here are links to the new forms: Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E) Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) Notice of Eligibility and Rights and Responsibilities (WH-381) Designation Notice (WH-382) Certification of Qualifying Exigency for Military Family Leave (WH-384) Certification of Serious […]