LGLJ participated in an Illinois Chamber of Commerce Employment Law & Litigation Committee meeting that included representatives from the Illinois Department of Human Rights and Human Rights Commission. The meeting included a discussion of recent state legislative and agency initiatives. Here are some of the highlights from the discussion: Dual Employment Discrimination Investigations Employers often…

The element of control is a key consideration when determining whether or not an employer can be held liable for the negligent acts committed by an independent contractor during the course of work for an employer.  From a liability perspective, employers may decide to hire an independent contractor over an employee due to a decreased…

There are a number of new laws which become effective in the next few months that will affect employers in Illinois. Here are some of the highlights: Child Bereavement Leave Act This new law became effective July 29, 2016. It requires employers with 50 or more employees to provide two weeks of unpaid leave to…

For all Illinois citizens, the winter season comes with an abundance of ice, sleet and snow.  But for Illinois business owners, there is an additional threat: the potential for legal liability where someone slips and falls on business premises.  According to data compiled by the Centers for Disease Control, in 2010 there were 9,146,026 nonfatal…

At common law, Illinois businesses that were engaged in the for-profit sale, distribution, manufacturing and wholesaling of alcohol were not liable for injures arising out of alcohol transactions. However in 1872, Illinois’ Dram Shop Act was enacted, which specifically recognized a cause of action against such businesses where an intoxicated person injured another. The Dram…

Truck drivers often find themselves operating their trucks outside the scope of their employment, and outside the scope of their carrier’s insurance policy.  As such, most people in the industry are familiar with “non-trucking” or “bobtail” liability insurance policies, which provide certain coverage while a tractor is being used for non-business purposes. Specifically, non-trucking liability…

In Indiana, the amount of punitive damages recoverable is limited by statute.  Under Indiana Code Section 34-51-3-4, punitive damages in civil cases are limited to three times the amount of compensatory damages, or $50,000, whichever is greater.  But, what are considered “compensatory damages” under the statute?  For example, consider a plaintiff who is awarded $100,000…

Illinois State Representative Ron Sandack recently introduced House Bill 4426, which proposes to modify 735 ILCS 5/2-1107.1, the Illinois Code of Civil Procedure section dealing with jury instructions in tort actions.  If passed, HB 4426 would remove the requirement in Section 2-1107.1 that juries be instructed that “the defendant shall be found not liable if…

The Illinois First District Appellate Court recently affirmed a circuit court’s refusal to enforce or modify restrictive covenants contained in an employment agreement, holding that the covenants failed the test of reasonableness articulated by the Illinois Supreme Court in 2011 in Reliable Fire Equipment v. Arredondo. In light of this decision, Illinois employers should take…

LGLJ recently participated in an Illinois Chamber of Commerce Employment Law & Litigation Committee meeting that included representatives from the Illinois Department of Labor (IDOL or “the Department”). New IDOL Director Hugo Chaviano and his staff fielded questions about recent changes to Illinois’ Wage Payment and Collection Act (“the Act”), which took effect before Governor…