Insights

In a move seen to be helpful to business, the federal government is changing regulations related to how the Endangered Species Act is applied. The changes, announced yesterday by the Interior Department, and virtually certain to be challenged in court by environmental advocacy groups, are expected to become effective by mid-September 2019.

A new law in Illinois seeks to advance the fight for pay equity. Governor J.B. Pritzker signed legislation on July 31, 2019, banning Illinois companies from asking job applicants or their previous employers about salary history during the hiring process. The No Salary History law, designed to help close the wage gap between men and women doing the same jobs, will take effect by October 1, 2019.

Illinois Governor J.B. Pritzker has signed into law an amendment to the Health Care Worker Background Check Act, which provides an expedited process for applicants with arrest or conviction records to seek a waiver to work in the healthcare industry. Over the next 10 years, the healthcare field is projected to be the fastest growing sector in Illinois.

Advancement is a corollary to indemnification, permitting directors, officers and managers to get legal fees advanced for their defense of claims asserted against them in their corporate capacity. While indemnification requires a company to pay legal fees incurred by the director, officer or manager after he or she defeats a claim, advancement allows for payment before a decision is made regarding the claims. Most companies and those serving in managerial capacity do not think about the impact of advancement; however, it is a powerful tool that should be negotiated and discussed at the forefront.

You find yourself in a situation where you want (or need) to dissolve your limited liability company. You are in Illinois. The limited liability company is a Delaware entity. How can you effectuate the dissolution and where can you do so?

The Illinois General Assembly has passed SB 75, a bill that would require all employers in the state to provide workplace sexual harassment training to employees annually, following the trend of California, New York, Delaware, Connecticut and Maine, who have passed similar laws. Failure to train employees would result in a $500 penalty to businesses with fewer than four employees and a $1,000 penalty to those with more than four employees.