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House Bill 2862 was passed by the Illinois General Assembly and signed into law by Governor JB Pritzker on August 4, 2023. The law will take effect on July 1, 2024, and make significant amendments to the rights and protections of day and temporary laborers in Illinois. Understanding the impacts the bill can have on your business is imperative. An Illinois business lawyer can provide a more in-depth overview of what the new changes bring and how best to ensure your business meets compliance.
HB 2862, also referred to as the Temp Worker Fairness and Protection Act (TWFPA), is a law that expands the rights and protections of day and temporary laborers in Illinois. The law brings significant changes to the Day and Temporary Labor Services Act (DTLSA) and applies to businesses that use day and temporary laborers, as well as the day and temporary labor service agencies that provide these workers.
A durable power of attorney (POA) is a legal document that gives someone you trust the power to make decisions about your finances and health care matters if you become unable to do so yourself. The POA remains in effect even if you become incapacitated.
To create a durable POA in Illinois, you must:
Be at least 18 years old and of sound mind
Sign the POA in front of a notary public and at least one witness
The witness cannot be your agent, your spouse, your descendant, or your sibling
Include specific language in your POA, such as warnings and notices
Creating a power of attorney can be complex and overwhelming. There are a lot of ways in which the process can go wrong, namely in giving up powers you never intended. Speaking with an attorney is the best course of action to understand exactly what will benefit you most when filling out the form for a POA.
A civil judgment is a legal ruling against an individual or entity in a non-criminal court case. These judgments can arise from various issues, such as unpaid debts, breach of contract, or personal injury claims. While the immediate implications of a legal judgment can be difficult to deal with, the influence on your credit score is a major concern.
A civil judgment can have a detrimental effect on your credit score. Credit agencies may interpret it as evidence of financial insecurity and irresponsibility, resulting in a reduction in your credit score. This decline can make it challenging to secure loans, credit cards, or even favorable interest rates in the future.
With a civil judgment on your credit report, obtaining new credit can become arduous. Lenders may see you as a higher risk and may be hesitant to extend credit to you or may require higher down payments and collateral. A civil judgment will likely appear on your credit report for a considerable period, typically seven years or longer. Potential lenders, landlords, or employers may review your credit report, affecting their perception of your financial reliability.
For whatever reason, one may not have put an agreement with someone else in writing. While it is not ideal, it also does not mean that the agreement is completely unenforceable. If you can prove that the legal elements of a contract have been met, the agreement can still be upheld. To avoid legal issues, you should consult with a contracts attorney.
It is possible to have a legally binding oral contract. However, you would need to prove that the following exist:
There was an offer and acceptance
There was consideration (meaning both parties have agreed to do something or forego a right)
There was an intention for both parties to be bound by a contract
Both parties had the legal capacity to enter into a contract
Your business will need legal help at various points. There are certain issues that you should not try to handle on your own. However, you may not have the budget to hire an attorney. An Illinois outsourced general counsel can work with your business on an ongoing basis and provide you with legal advice in numerous areas.
When you have a growing business, you may not have the resources to build your own in-house legal function. Not only do you have to pay an attorney’s salary, but you would also need to spend tens of thousands of dollars for employee benefits. You may simply not have the money. Still, your need for legal help does not go away. Outsourced general counsel allows you to get legal services while only paying for what you need.
It is always helpful to work with the same attorney. This lawyer will get to know you and your business. They will not need to take the time to start from scratch, costing you more money and effort. An outsourced general counsel is familiar with your legal issues and business aims. They know you, and they can tailor their legal advice to your business. They will be the legal point of contact for your company.
The process of registering a company with the state varies, depending upon the business formation structure chosen by the founders of each new enterprise. There are four primary company structures available to aspiring business owners. If you are hoping to launch a new business venture soon, it will be important for you to weigh the pros and cons of each opportunity before committing to one over the others.
Sole proprietorships are owned by one individual, whereas partnerships involve multiple owners. These business formation opportunities offer particularly flexible managerial structures and do not require much work to set up. They are taxed on the individual returns of each owner and do not require much, if any, reporting to the state. They are often particularly appealing for low-risk, local business enterprises. Sole proprietorships do not offer any personal liability protection in the event that the company gets sued or falls behind on its financial obligations.
A 2021 Pew Research Center Survey revealed that just shy of one-third of American adults describe their Internet usage as being online “almost constantly.” Roughly half of the respondents indicated that they go online at least several times per day. This means that, if you are like more than 75 percent of your peers, you spend a great deal of time interacting with the world electronically. If your estate plan does not reflect that reality, it is time to start updating your documentation.
In a nutshell, digital estate planning involves setting your digital affairs in order in the event that you pass away or become incapacitated due to illness or injury and can no longer advocate on behalf of your own interests. Digital estate planning may address any electronic assets, access, and intellectual property, from photos stored in the Cloud to email accounts, online banking to every text that is stored on your phone.
If you and your child’s other parent are divorcing or otherwise going your separate ways but you both plan to remain very active in your child’s life, the court will likely insist that you draft a parenting plan as part of your overall child custody order. The process of creating a parenting plan will allow you both to set expectations concerning communication, transportation, co-parenting duties, and other aspects of raising your child in separate households.
If you and your co-parent cannot work through fundamental differences concerning how this document should be constructed, a judge will need to make a determination regarding whose approach best reflects your child’s best interests. But, if you and your co-parent are willing to work together and with your attorneys to reach mutually-agreeable terms, you can construct this document in whatever ways you both feel are best for everyone.
Starting a business can be a thrilling, rewarding experience, but it can also be nerve-wracking and stressful. There are so many things a new or prospective business owner needs to think about - how the market is currently being served, what kind of business structure to use, how to document the business’s daily operations, and so much more.
For unseasoned business owners, so many of these processes can feel like a shot in the dark. How do you know if you are doing everything correctly? How can you protect yourself from future wage lawsuits or tax audits? Fortunately, an Illinois business lawyer has experience in running a business smoothly and can give you the help you need.
The role of a business lawyer varies widely depending on the needs of the business itself. For new businesses, however, the role of a business lawyer is fairly consistent: Ensuring the business has a strong foundation on which to build and function smoothly. The many things a business lawyer can help with include, but are not limited to:
If you are looking for a way to provide for your family’s future, a revocable living trust may be the right choice for you. A revocable living trust is an arrangement that allows you to manage and transfer your assets during your lifetime and after your death. It is important to understand the advantages of creating such a trust, as well as the legal requirements in Illinois, and a qualified estate planning lawyer can help.
A revocable living trust (RLT) is an agreement between an individual (the grantor) and another person or institution (the trustee). The grantor transfers ownership of their property into the trust, which is then managed by the trustee according to the terms outlined in the RLT document. With a revocable living trust, the grantor is able to retain control over all aspects of the trust, including how it is funded and what happens when they pass away. This type of trust offers many advantages over traditional wills, including avoiding probate court proceedings and reducing estate taxes.
From our office in Glen Ellyn, Illinois we serve clients throughout the area including but not limited to Wheaton, Lombard, Villa Park, Carol Stream, Glendale Heights, Addison, Bloomingdale, Elmhurst, Winfield and DuPage County.
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