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Make Sure Your Non-Competition, Non-Disclosure And Non-Solicitation Agreements Have Extension Clauses.

The Illinois Appellate Court for the First District ruling

In order to ensure that an employer gets the full benefit of the restrictive time period in its non-competition, non-disclosure or non-solicitation agreements, employers in Illinois should make sure that such agreements contain “extension clauses.”  An extension clause states that the time period of the restrictive [...]

New Bill Would Alter Non-Compete Law in Illinois

Illinois General Assembly considers Illinois Not to Compete Act

Illinois businesses should be aware that Illinois House Bill 4923 would radically alter the law regarding non-competition agreements in Illinois by creating the Illinois Not to Compete Act.  This Act would restrict the enforceability of non-competition agreements in several key respects and create numerous rebuttable presumptions [...]

Government Set To Crack Down on the Use of Independent Contractors

Employment Contact being signed by the employee

The legal landscape regarding the use of independent contractors has dramatically changed over the past several years.  For decades, employers’ use of independent contractors was not only rarely challenged, but it was also a way they could save significantly on labor and other costs associated with hiring employees.  [...]

2010 Just the Beginning for ENDA?

Legislative Update: Employment Non-Discrimination Act

ENDA

The Employment Non-Discrimination Act (ENDA) would create federal protections against workplace discrimination based on sexual orientation and gender identity.  The first version of the bill was introduced in 1994.  The latest version, introduced in June 2009, is currently in committee. The House Education and Labor Committee held a full committee [...]

The Beginning of the End for Employment Arbitration?

A New Law Prevents Defense Contractors from Arbitrating Employment Disputes with Employees and Subcontractors

On December 19, 2009, President Obama signed into law the Fiscal Year 2010 Department of Defense Appropriations Act. In this $63 billion spending measure is a provision, known as the “Franken Amendment” because it was originally introduced by Senator Al Franken of [...]

Employers Need Blogging and Social Networking Guidelines

Social Media in the Workplace

As an attorney working with companies whose employees use social media on a daily basis I have observed that companies often react after problems occur instead of dealing with new technology proactively through sensible employee policies.  Whether employees are twittering, texting, facebooking, or blogging, employee handbooks may now need social [...]

Family Medical Leave Act has been amended

Obama signs legislation

The FMLA has been amended.  President Obama signed the National Defense Authorization Act of 2010 at 2:30 p.m. EST October 28.  The full text of Senate bill  signed by the President can be found here. Section 565 of the Act amends the FMLA by greatly expanding the availability and use of military [...]

OFCCP to increase compliance audits on federal construction contractors

Federal Construction Contractors

In May, 2009, the Office of Federal Contract Compliance Programs (OFCCP) issued its Technical Assistance Guide for Federal Construction Contractors.  The OFCCP is responsible for ensuring that contractors doing business with the federal government do not discriminate and take affirmative action.
The OFCCP also recently announced that it will begin conducting compliance reviews [...]

Sweeping Overhaul to VESSA To Become Law Soon

Victims’ Economic Security and Safety Act (VESSA)

On May 27, 2009, the Illinois legislature approved a significant overhaul to the Victims’ Economic Security and Safety Act, also know as VESSA, which requires covered employers to provide leave and other accommodations to employees and their family members who are victims of domestic abuse or sexual violence.  [...]

Use of the Internet in trade secret cases

Using the Internet

I recently defended a case involving allegations that our client, a service industry provider, took equipment and other purported trade secrets from his former employer.  The Internet proved to be an extremely valuable tool in challenging the plaintiff’s claims that the equipment design was proprietary and confidential.  Among other things, we were [...]