Just a Lawyer in Lincoln's Hometown

September 21, 2017

Employee Misclassification in Illinois

Filed under: Employment Law,Wage & Hour Law — Chuck @ 4:43 pm

A friend of mine, who is a building contractor in North Carolina, noted that a new employee misclassification law was coming into effect out there. While I declined to give him advice (even free) about another state’s law, the inquiry made me look again at the misclassification law in Illinois.

Per 820 ILCS 185/10, in Illinois any individual performing services for a building (or related) contractor is assumed to be an employee unless:

  • the individual is and will be free from virtually any control or direction over the individual’s work; AND,
  • the work performed by the individual is outside the usual course of services performed by the contractor; AND,
  • the individual is engaged in an independently established trade, occupation, profession or business; or the individual is legitimate sole proprietor or partnership (long list of tests in Sec C).

The law has been effect for a long time but it still is violated daily. Employees – stand up for yourselves. Employers – do it right!

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September 15, 2017

Religious Accommodation

Filed under: Uncategorized — Chuck @ 7:39 am

Ya gotta and shoulda accommodate.

Here is a good list of things to keep in mind:

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September 5, 2017

Posner Retiring

Filed under: Uncategorized — Chuck @ 9:03 am

Judge Richard Posner is retiring from the 7th Circuit Court of Appeals. He will be missed by many. He has always been entertaining. Usually the smartest person in the room, Judge Posner suffered of knowing it. Although more conservative than I would prefer, Judge Posner was not political, and no prisoner to conservative orthodoxy. Lets hope his replacement is half the judge he is.

September 2, 2017

Ruining it for the Rest of the Police

Filed under: Uncategorized — Chuck @ 1:31 pm

My police friends often wonder why the general public increasingly disrespects them. This is among the reasons:

Nurse Arrested by Police Ignoring the Law

I don’t practice criminal law at all, but I’ve known for some time that the police cannot generally draw blood without a warrant. Certainly a trained police phlebotomist (and his Lt.) had to know.

When police officers blatantly ignore the law and abuse their powers of arrest,  how can they expect the public to respect them  – and their fellow officers who do at least try to follow the law?

Bad apples need to be thrown away before they spoil the whole barrel. The honest and hardworking police don’t deserve to have their lives made harder by the bad ones.

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