By: Roberta L. Holzwarth Reassignment by an employer has long been recognized as a reasonable accommodation for a disabled employee as long as the employee is qualified for the position, the position is vacant, and the reassignment does not place an undue burden on the employer. Prior to September 2012, the Seventh Circuit, which has jurisdiction […]
Roberta Holzwarth November 26th, 2013
Posted In: Employment & Labor
By: Maryjo F. Pirages Reynolds Last month the Illinois legislature passed the Firearm Concealed Carry Act, P.A. 098-0063. Under the new law, individuals who have a valid FOID card, satisfy various background requirements, and complete training may be licensed to carry concealed firearms in areas other than “prohibited locations”. Prohibited locations include schools, government buildings, hospitals, […]
Maryjo Pirages Reynolds November 26th, 2013
Posted In: Employment & Labor
By: Roberta L. Holzwarth Recently the U.S. Department of Treasury and the Internal Revenue Service decided that they will determine the marital status of same-sex couples using what is known as the “state of celebration” rule. Under this rule, if a couple is legally married in a state that recognizes the marriage, the couple will be […]
Roberta Holzwarth November 26th, 2013
Posted In: Employment & Labor
By: Alexander J. Mezny In Illinois, a post-employment restrictive covenant which prohibits a former employee from competing or soliciting customers must satisfy three requirements: (1) it must be ancillary to a valid contract or relationship; (2) the length of time the restriction applies must be reasonable, as must the provision’s geographical reach and the limitations […]
Alexander Mezny November 26th, 2013
Posted In: Privacy, Security & Information Technology
By: Philip R. Frankfort The Illinois Balance Billing Law (Public Act 96-1523) became effective on June 1, 2011. “Balance billing” typically happens when you are treated by an out-of-network physician who does not accept as payment in full the reimbursement that he or she receives from your insurance company. Thus, after receiving payment from your insurance company, the […]
Philip Frankfort October 23rd, 2012
Posted In: Healthcare
By: Michael Jon Shalbrack Illinois recently adopted rules and regulations in connection with the Deficit Reduction Act of 2005 (DRA), which will directly impact planning for nursing home and long-term care for family members under Medicaid. These new rules, effective as of January 1, 2012, will likely make it more difficult to become eligible for Medicaid […]
Michael Shalbrack January 18th, 2012
Posted In: Trusts & Estates
By: Alexander J. Mezny Leave laws have proliferated in the wake of the Family and Medical Leave Act (FMLA). Below is a summary of some of the miscellaneous leave laws in Illinois: Leave for Victims of Domestic & Sexual Violence. The Illinois Victims’ Economic Security and Safety Act (VESSA) requires employers of 15 or more employees […]
Alexander Mezny January 18th, 2012
Posted In: Employment & Labor
By: Michael Jon Shalbrack An important part of the estate planning process includes the use of Durable Powers of Attorney (“POAs”), both for health care and property. POAs give someone else (the “agent”) the right to make decisions for you (the “principal”) or act in your place under certain circumstances. At a minimum, we suggest that […]
Michael Shalbrack July 21st, 2011
Posted In: Trusts & Estates
By: Alexander J. Mezny The National Labor Relations Board’s (“NLRB”) recent complaint against a Connecticut ambulance company for allegedly firing an employee due to negative posts on Facebook has been all over the news. What does it mean for you? The NLRB felt the posts qualified as “protected concerted activity” – the right of employees to […]
Alexander Mezny July 21st, 2011
Posted In: Employment & Labor
By: Aaron W. Brooks In February, 2009, Congress passed the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) as part of the American Recovery and Reinvestment Act of 2009. Included within the statute was a new rule that anyone covered by the HIPAA privacy and security regulations must give certain notifications when they […]
Aaron Brooks April 24th, 2011
Posted In: Information Security, Privacy, Security & Information Technology