Employers need to be proactive in formulating a written policy for workplace violence. The news is replete with stories of workplace violence. A disgruntled ex-employee, coworker or spouse of an employee, or sometimes just a random customer or stranger walks in and violence breaks out.
The Illinois Legislature recently approved amendments to the Nursing Mothers in the Workplace Act, 820 ILCS 260, changing nursing mothersunpaid breaks to paid. Under 820 ILCS 260, Section 10, any covered employer must provide paid breaks to mothers needing time to express breast milk:
A Motor Carrier or Shipper who is engaged in the transportation of hazardous materials, such as explosives, radioactive material and other chemicals deemed hazardous by the United States Department of Transportation, may be able to protect themselves under the Hazardous Material Transportation Act 1 from liability in negligence or strict liability actions brought in state or federal courts.
Earlier this year, South Dakota passed the state’s first data breach notification law. Prior to passage of the law, South Dakota was one of only two states that did not have a state data breach notification law. The law went into effect this past July.
In Antonucci v. SBA, the United States District Court for the District of Connecticut granted a motion for summary judgment in favor of defendants, U.S. Small Business Administration and the U.S. Department of the Treasury Bureau of the Fiscal Service, and against a business owner objecting to an administrative wage garnishment for a personal guaranty on a small business loan. No. 3:17-CV-01139 (MPS), 2018 U.S. Dist. LEXIS 168604 (D. Conn. Sep. 30, 2018). The case highlights the perils to a business owner inherent in the power of personal guaranty.
To most attorneys, alternative dispute resolution means resolving a case through either mediation or arbitration. A third rarely used Alternative Dispute Resolution (ADR) is binding mediation. In the right situation, binding mediation may yield better results for all of the parties. In this article, we discuss the various alternative dispute resolution options and drill down on the benefits of binding mediation.
Pretend that you are an investor in a new restaurant with a chef who desires to leave her current position. She thinks she will run an amazing restaurant.In addition, she even learned some delicious secret recipes from her current employer!
A joint defense agreement provides an exception to what would be the waiver of the attorney client and work product privileges. At least one Illinois court now recognizes the validity of the joint defense agreement rule, allowing separately-represented codefendants to share privileged information without waiving the attorney-client and work-product privileges.
To avoid what is becoming a common lawsuit, businesses need to be aware of the Illinois Biometric Information Privacy Act (BIPA) requirements. Two class action lawsuits were recently filed in Cook County Circuit Court by employees alleging violations of the BIPA by their respective employers.
In May and June of this year we tried and won a difficult medical malpractice case in the Circuit Court of Cook County, Illinois. The plaintiff alleged that the defendant physician misread certain biopsy tissue slides of the plaintiff’s vocal cords in 2010, missing his cancer and allowing it to grow and spread.