Daily Blog
Arbitration Clauses
An arbitration clause is a section of a contract that deals with the parties’ rights in the event of a legal dispute. Arbitration is an alternative to litigation, in which disputes are settled out of court with an arbitrator, a neutral third party who makes a binding decision. Arbitration clauses allow the parties to agree…
Read MoreShareholder Agreements: Oral vs. Written
When forming a corporation, the owners, known as shareholders, should enter into a shareholder agreement that clarifies their rights and obligations as shareholders. A written shareholder agreement should make the terms of the agreement clear for the resolution of any future issues. While generally disfavored, upon proving several factors, Illinois courts may enforce oral shareholder…
Read MoreBusiness Entity Formation
When you start a new business, one of the first decisions is the type of entity. Most small or medium sized businesses are limited liability companies (“LLC”) or sub-chapter S corporations. Both are designed to limit the liability of their owners. An LLC is owned by members who may manage the company directly or delegate…
Read MoreFLSA Overtime Exemptions: Professional Exemption
We previously discussed the Fair Labor Standards Act’s (“FLSA”) requirement for overtime compensation and the potential applicability of multiple exemptions. One of the FLSA exemptions is the professional exemption. There are two types of exempt professional employees: learned professionals and creative professionals. To determine whether an employee qualifies for the learned professional exemption, a detailed…
Read MoreFLSA Overtime Exemptions: Administrative Exemption
We previously discussed the Fair Labor Standards Act’s (“FLSA”) requirement for overtime compensation and the potential applicability of multiple exemptions. One of the exemptions is the administrative exemption. Neither job title nor payment of wages via a set salary are sufficient to qualify an employee for the administrative exemption. Rather, a detailed factual analysis must…
Read MoreFLSA Overtime Exemptions: Executive Exemption
We previously discussed the Fair Labor Standards Act’s (“FLSA”) requirement for employers to provide their employees with overtime compensation. We also mentioned that the FLSA provides multiple exemptions for overtime compensation. While there are several exemptions that may apply, today we will be focusing on the executive exemption. Neither job title nor payment of wages…
Read MoreEmployee Overtime Compensation
Did you know that employers may be legally required to pay overtime compensation to employees even if they are paid on a salary basis? There are both federal and state statutes protecting an employee’s right to receive overtime compensation including, the Fair Labor Standards Act (“FLSA”) and the Illinois Minimum Wage Law (“IMWL”). Employers who…
Read MoreEmployee Classification: W2 Employee vs. 1099 Contractor
Are you an employer with W2 employees and/or 1099 contractors? If so, do you understand the importance of accurately classifying workers as W2 employees vs. 1099 contractors? There are different tax ramifications to both the employer and the individual as a result of that classification. With W2 employees, you are required to withhold certain taxes…
Read MoreSexual Harassment Prevention Training
Did you know that Illinois law requires all employers with more than 1 employee (regardless of whether they are W2 or 1099 workers) to provide sexual harassment prevention training to all employees each year? Business Law Group ensured that all of its General Counsel Package clients complied with this statutory obligation in 2020 and avoided…
Read MorePaycheck Protection Program (PPP) Loans
Do you own, manage or work for a small business? If so, you should be aware of the Paycheck Protection Program (“PPP”) loans made available by the recent stimulus package. On December 27th, 2020, the President signed the “Consolidated Appropriations Act” (“Act”) into law. Of the $900 billion included in the COVID relief package, $284…
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