Illinois Client Update
Legal News for Illinois Employers 
Protecting Employers for over 30 Years 
March 2016 

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Practical Advice to an Illinois Company on How to Have a Stronger and More Legally Enforceable Non-Compete Agreement  
By Nancy E. Joerg 

In the past few weeks, I have been working with an Illinois company who wants a stronger (and more legally enforceable) non-compete agreement. This Company has a wide variety of employees-some key employees (like the Sales Manager) whom the Company is truly concerned about (in terms of competing with the Company) and other employees (like warehouse workers) whom the Company is less concerned about (in terms of competing).
 
I first reviewed this Company's non-compete agreement. Then I spoke with the Owner and the Office Manager by phone. After I got off the phone, I sent them a summary email with some of the key points we discussed. Below is my summary email which I'm reproducing in full ( with permission of the client) because I thought it would also be helpful to many of our Illinois Client Update readers.
 
[In the email, Mary (fictitious name) is the Office Manager, and Steve (fictitious name) is the owner.]
 
Hi Mary (and Steve):  I just finished talking by phone with Mary about why the non-compete agreement for your company has $100 legal consideration in it (in addition to the employee being hired).  I told Mary that I would follow up on our phone call with this email summary of key points (so that Steve will be fully aware of our discussion). 
 
 
Questions? Contact Attorney Nancy E. Joerg, Managing Shareholder of the St. Charles Office of Wessels Sherman at (630) 377-1554 or via e-mail at [email protected]. 
AJC Legislative Update:
Illinois Private Employers Can Now Legally Give Preference to Certain Veterans
By Anthony J. Caruso, Jr.
Patriotism lives in Illinois. Companies can now support our troops returning from active duty by providing them jobs. A new Illinois law allows private employers to give preference to these veterans.
 
The Veterans Preference in Private Employment Act became effective January 1, 2016.
 
What EMPLOYERS are covered under the law?
Any private (non-public) employer employing one or more employees within Illinois.
 
What VETERANS are covered under the law?
  1. One who has served in the armed forces of the United States for a period of more than 180 days and who was discharged or released from active duty under conditions other than dishonorable;
  2. One who was discharged or released from active duty with the armed forces because of a service-connected disability; or,
  3. One who was a member of the Illinois National Guard who has never been deployed but separated under conditions other than dishonorable.
 
What does a VETERANS PREFERENCE EMPLOYMENT POLICY mean?
It is a private employer's voluntary preference in hiring, promoting or retaining a veteran over another equally qualified applicant or employee.
 
How does a private employer ADOPT a Veterans Preference Employment policy?
  1. Policy is in writing (i.e., employee handbook);
  2. Policy is publicly posted at the place of employment or on company website;
  3. Job application informs all applicants of the Veterans Preference Employment Policy and where the policy may be obtained; and,
  4. Employer applies the policy uniformly for employment decisions (hiring, promoting, and retention).
 
Under this new law, Illinois private employers now have a legal basis to give preference to veterans without the risk of an alleged discriminatory policy. Employers should record and document the veteran's preference when hiring, promoting or retaining employees.

Questions? Contact Attorney Anthony J. Caruso Jr. of Wessels Sherman's St. Charles office at (630) 377-1554 or via e-mail [email protected] . 
Rules of the Game are A Changin' 
By Walter J. Liszka

As every employer is aware, the Federal Department of Labor is on a mission to revise the standards of "Exempt" versus "Non-Exempt" employees and establish new rules and regulations that will be issued sometime in July, 2016. Obviously, the provisions of the Fair Labor Standards Act, as administered by the United States Department of Labor, will change the "rules of the game" for a vast number of employers. A large number of Illinois employers are unaware that the Illinois Department of Labor has already changed the "rules of the game" by the issuance of several regulations that provide interpretation and potential enforcement direction of the provisions of the Illinois Wage Payment and Collection Act (820 ILCS 115/1 et seq.).
 
These new regulations (which as of the date of this article have not been made a part of the Illinois Department of Labor website, nor, for that matter, has there been much publicity about these changes) will unfortunately greatly impact every Illinois employer.

 
Questions? Contact Attorney Walter Liszka, Managing Shareholder of Wessels Sherman's Chicago office at (312) 629-9300 or via e-mail [email protected].

Tony Caruso speaks to Kane DuPage Human Resources Association

Attorney Anthony J. Caruso, spoke to the Kane-DuPage Human Resources Association in St. Charles, Illinois on Tuesday, February 16, 2016. Tony's presentation (which was interactive and very well received) was titled "Key Employment Law Developments" and he covered new Illinois and federal labor and employment laws.
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Plan a Special On-Site Group Training Class  
W ith a Wessels Sherman Attorney

Many companies find that it is too expensive to send their employees, supervisors and managers to an off-site training session. Also, it can be very disruptive to company operations to have that many employees away from the company at one time. Therefore, Wessels Sherman is suggesting special and affordable on-site training that will save your company both time and money! Contact us to plan and schedule a training class to fit your needs!
 
Training at your company location allows your Wessels Sherman attorney to fulfill your specific requirements. We can easily design a special program to meet your exact training needs. Our training classes are taught by Wessels Sherman attorneys who are very experienced and up to date in all Illinois labor and employment laws.
 
Training topics are many and can include:
  • Supervisor/Management Training
  • Employment Law Update
  • Harassment/Discrimination Prevention
  • FMLA, ADA, Military and other Leave Issues
  • Hiring/Firing
  • How to Discipline Employees/Documentation
  • How to Do Performance Reviews
  • Employee Policies/Handbooks
  • Wage/Hour Issues
  • Workplace Violence Prevention
  • Reductions in force
  • How to handle employee complaints
We help you evaluate and pick which training topics will most help your employees, supervisors, and managers. All written training materials will be included in the cost of the training.
 
Contact Nancy Joerg, Managing Shareholder of the St. Charles office of Wessels Sherman, at (630) 377-1554 or via email at [email protected] to discuss your training needs and plan your on-site training.

We hope you will register for our upcoming seminars & teleseminars!  
Visit our website to view upcoming seminars & teleseminars
Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Minnesota, Wisconsin, and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected. 
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Editor-in-Chief: 
Nancy E. Joerg, Esq.

Editor:
Sean F. Darke, Esq.
WS Illinois Client Update is a complimentary newsletter published for clients and friends of Wessels Sherman. We reserve the right to limit distribution of our materials to representatives of management. The materials in this newsletter have been abridged from a variety of sources and are not necessarily applicable to a particular situation. The contents of this mailing should not be construed as legal advice. State laws vary. Readers should consult with legal counsel before taking any action on matters covered by this mailing.