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Legal Marijuana Shouldn’t Mean Dazed and Confused Workers! Starting on January 1 consumers will be able to buy marijuana for recreational use from licensed sellers.   Pot users will no longer need to worry about fines or jail time – but employees will need to pay attention to their employers’ policies about drug screenings and the use of cannabis at work. Employers should consider how they want to handle the legalization of cannabis in terms of workplace policies, written guidelines and staff training on the many issues that employers will be facing.  Employers should take the time to review Section 10-50
You might not realize it’s happening, and you definitely might not realize you have the right to object. But when you enter an airport in 2019, it’s possible that your airline—or the federal government—are scanning images of your face for their security-related purposes. Say No to Airport Facial Recognition This facial-recognition technology can be used during check-in, baggage drop, security and boarding. For the most part so far, it’s mostly only been deployed for international flights, to confirm passenger identity at the behest of Customs and Border Protection. But airlines and the Transportation Security Administration are considering doing so for…
Purchasing and flying a drone might seem like either a fun diversion or a new way of doing business.  Professionals who do photography and videography, agriculture, weather forecasting, and increasingly construction are putting drones to commercial use, while they’re being piloted for package delivery through companies like Amazon and UPS. Legal issues regarding flying of drones. Whatever use you have in mind for a drone, make sure you fully investigate federal, state and local laws on the subject, starting with those handed down a few years ago by the Federal Aviation Administration. For starters, drones being used for commercial purposes…
Does your business have insurance to protect you against breaches of your cybersecurity? Turns out that’s not a simple “yes” or “no” question, and the answer changes constantly based on new cases being litigated and new types of breaches impacting companies. Businesses need to take into account a wide range of factors in determining whether they have enough breadth and depth of insurance coverage to guard against any cyber liabilities. And it might be helpful to consult with an insurance broker who handles these types of policies. First of all, you need to make sure you’re covered for your own…
Back in 2012, facing extreme reluctance from employers, the Equal Opportunity Employment Commission (“EEOC”) published guidance on whether and when to hire workers with criminal backgrounds who had done their time and were, hopefully, ready to be productive citizens and workers. But employer reluctance to consider hiring ex-cons has waned in the past seven years as the economy has improved, the population has continued to age, and at least in Illinois, the population size has fallen due to people leaving for faster-growing states and fewer immigrants coming into the state.  Meantime, more than 27,000 people got out of state prisons…
Americans talk about being “tethered” to their smartphones mostly from the standpoint of the time suck that’s involved and the tendency to miss what’s going on around us when we’re supposed to be working, spending time with family or friends, or (let’s hope not) driving down the highway.  It’s hard to resist the offerings on your smartphone which now is millions times more powerful than NASA’s computers from the 1960’s. But one result of all that tethering – whether we’re texting, streaming music, getting directions from our GPS, or posting on social media – is that our smartphone is…
Employers:  Be cool with Pot Policies! With Illinois adopting medical marijuana and looking to legalize recreational marijuana, lots of questions will be arise about what policies employers should adopt.  Imagine workers passing a joint (or a bag of spiked gummy bears) around the water cooler or sharing a joint after work.  Will employees be allowed to bring their baggie into work?  And what about refusing to hire people who test positive for weed.  These are murky waters we are wading into and it’s happening across the country.   For now, it’s probably wisest for most Illinois employers to take the high…
When the Americans With Disabilities Act passed in 1990, the World Wide Web was only a year old and was not even a commonly used term yet, much less a commonly used medium. Although the ADA is most commonly associated with the inclusion of wheelchair ramps, elevators and handrails in public buildings, three decades later the law is also being used to demand that business websites become ADA-compliant. The law firm Seyfarth Shaw tallied more than 2,250 such federal suits filed in 2018 under Title III of the ADA, more than triple the number from the year before, alleging violations…
After a teenage boy was fingerprinted without written consent when he purchased a season pass to Great America, his mother sued Six Flags for violation of the Illinois Biometrics Act.  In January the Illinois Supreme Court unanimously found that plaintiffs can bring a private cause of action for violations of the state’s biometric privacy law’s notice and consent requirements, even if they can’t show any harm. The court found (Rosenbach v. Six Flags Entertainment Corporation) that individuals have control of, and a right to privacy over, their biometric identifiers, such as voice samples, retina scans and facial geometry, in…
An arbitration agreement is a contract, in which two or more parties agree to settle a dispute outside of court.  Usually, an arbitration agreement is a clause in a larger contract. The arbitration clauses are often subjects to hotly disputed litigation, stemming from the vague verbiage and possible inconsistencies with other parts of the contract.  One of such issues – the admissibility of the “Wholly Groundless Exception” – was decided by the Supreme Court in January in the case of Henry Schein, Inc. v. Archer & White Sales, Inc , 586 U.S. __ (Jan. 8, 2019).  This is a tricky…
Employee expense reimbursement is now required by law in Illinois, at least under certain circumstances, making the Land of Lincoln the ninth U.S. jurisdiction to statutorily impose such a requirement.   In doing so, Illinois joins the company of other states with similar rules.   Employers of all shapes and sizes should get up to speed on the new law, an amendment to the Illinois Wage Payment Collection Act that took effect on January 1, which requires employers to reimburse all “necessary expenditures” directly related to the employer’s services. The new law (820 ILCS 115/9.5) defines “necessary” as “all reasonable…
Estate plans should account for the disbursal of all assets, lest they become marooned in probate purgatory.  People are forgetting that they have digital assets that need to be accounted for. Protecting Your Digital Assets Digital assets like cryptocurrency, social media accounts, e-commerce and online accounts need to be cared for just as much as conventional ones, so that family members are able to account for and access them as property, wealth and assets are transferred from one generation to the next. If these assets are not properly disbursed, estate administration can be delayed or even negatively impacted in the…
A Legal Guide to Holiday Parties Alas, the holiday season is upon us!  It’s time to celebrate the successes of the prior year with a festive holiday party, where employees can let off steam, socialize and spread cheer.  So, who should you contact first? A caterer… or a DJ… or your friendly Chicago business lawyer?  Although it may not sound like the most fun way to kick off celebrations, calling your company’s lawyer to discuss legal guidelines and potential liability pitfalls may be a good idea.  We don’t mean to be scrooge and kill the fun, but times have changed.…
In late September, the social media behemoth Facebook told the World Wide Web that about 50 million accounts had suffered a security breach. Hackers had stolen password tokens for signing into Spotify, Instagram, Yelp and thousands of other third-party applications. Facebook Security Breach Facebook automatically logged out the 50 million users directly affected and another 40 million who might have been implicated, and the company said that passwords weren’t compromised. But the incident serves as a warning to all who have multiple passwords across the various sites and accounts they use—in other words, virtually everyone in the First World, and…
Few would argue that President Trump engages in what could be described colloquially as “rhetorical hyperbole” when logged on to his Twitter account.   But a recent court finding that dismissed a defamation suit filed against Trump by porn star Stormy Daniels, on the grounds that a tweet by the president could legally be described in those terms, rather than as potentially factual statements—defamation cases require that a statement be factually false—could have a significant effect on how libel law applies to social media going forward. Daniels, whose real name is Stephanie Clifford, alleges that she and her daughter were threatened…
Workers Classification – Employees or Independent Contractors Independent Contractor or Employee? As a business owner or an employer, when you hire a new worker, you will be reintroduced to the question – should you classify the worker as an employee or an independent contractor?  In order to make this huge business decision, you need to fully understand the difference between an employee and an independent contractor and the importance of classifying them correctly. Difference between an employee and an independent contractor As a general rule, a worker is classified as an employee if you – as an employer – have…