Articles Tagged with Chicago Small Business

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Wire Tapping vs. Browser Tracking?

Software like Meta Pixel and Google Analytics that website operators use to track what sites a person visits, or what footprint they leave on those sites, is not subject to the same restrictions as wiretapping a phone line, according to a split decision from the Supreme Judicial Court of Massachusetts, in a case brought against two hospitals.

The court in Vita v. New England Baptist Hospital, et al (SJC-13542), ruled that wiretapping and browser tracking are categorically different pursuits, in its eyes, unless the state legislature decides otherwise. “If the Legislature intends for the Wiretap Act’s criminal and civil penalties to prohibit the tracking of a person’s browsing of, and interaction with, published information on websites, it must say so expressly,” wrote Associate Judge Scott Kafker in the opinion.

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Holiday Business Parties

With the holiday season in full swing, workplaces often become the site of parties, gift exchanges, and other festive activities.  These activities foster camaraderie among coworkers and allow teams to celebrate their accomplishments.  Unfortunately, though, they can also sometimes lead to inappropriate behavior, including sexual harassment, which may lead to problems for the unweary business owner.

Employers can take proactive steps to ensure everyone feels safe and respected during these events.  Here are five suggestions to creating  a safe and positive environment for holiday celebrations.

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Corporate Transparency Act

In a significant development, a Texas federal district court has issued a nationwide injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA). This decision, handed down on December 3 in Texas Top Cop Shop, Inc. v. Merrick Garland (Case No. 4:24-cv-478), deems the CTA and its implementing rules likely unconstitutional.

Key Takeaways:

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Conditional Gifts?

A recent decision by the Massachusetts Supreme Judicial Court has sparked interest across legal circles.  In a case centered around a $70,000 engagement ring, the court ruled that an engagement ring must be returned to the purchaser if the marriage does not take place, regardless of who may have been at fault. This ruling aligns Massachusetts with the majority of jurisdictions, where an engagement ring is considered a conditional gift—given with the expectation of marriage and thus, contingent upon the marriage actually happening.

While Illinois follows similar principles, this ruling offers a chance to examine how Illinois contract law views the conditional nature of engagement gifts and what factors courts might consider in similar cases.

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Corporate Transparency Act

This is big reminder for every small business owner.

Under U.S. Corporate Transparency Act (CTA), most corporations, limited liabilty companies and other legal entities, including homeowners’ associations (HOAs), condominium associations, and co-op associations, are required to file Beneficial Ownership Information (BOI) with the U.S. Financial Crimes Enforcement Network (FinCEN) by no later than January 1, 2025.  Every U.S. business must register and file this report.

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Insurance Coverage for BIPA violations.

Businesses across Illinois are facing serious challenges in securing insurance coverage for lawsuits brought under the Biometric Information Privacy Act (BIPA).   And a recent decision by the federal court in Chicago – Westfield Insurance Company v. UCAL Systems, Inc. – dealt yet another blow to corporate policyholders.  This ruling is just the latest in a series of legal setbacks that make obtaining coverage for BIPA claims under standard Commercial General Liability (CGL) policies an uphill battle.

What Is BIPA, and Why Does It Matter?

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Chicago Paid Leave Ordinance

Employers physically located within the City of Chicago need to be ready as of July 1 to implement the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, which stipulates that covered employees can earn up to 40 hours of paid sick leave and 40 hours of other paid leave usable for any reasons per 12-month accrual period.

Covered employees are those who work at least 80 hours within a 120 day period. Immigration status is irrelevant. The benefit year can be defined the same for all employees or entirely individually, and can be tied to the calendar year, fiscal year, tax year, contract year or anniversary date of employment.


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AI & Content Creation

Businesses using generative AI programs like ChatGPT to create any content—whether for blogs, websites or other marketing materials, and whether text, visuals, sound or video—need to ensure that they’re not inadvertently using copyrighted materials in the process.

Clearly, the times they are a changing….and businesses need to adapt to the changes.  Employers should promulgate messages to their employees and contractors updating their policy manuals to ensure that communications professionals and others crafting content are aware of the risks of using AI-generated materials, which go beyond the possibility that they are “hallucinated” rather than factual—although that’s worth considering, too.

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How Can Generative AI Assist Your Business?

What is generative artificial intelligence, embedded in applications such as ChatGPT?  How could it help your business?   What pitfalls should you avoid.  What policies should you craft around it?

This is no longer science fiction.  AI has become a reality and every business will be impacted by its use and application and your business must get on board with dealing with it and using it.

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Transit Benefits Required for Illinois Employers

Another wrinkle for employers in the Chicago area.

Businesses located in the six-county Chicago area near public transit routes operated by the Regional Transportation Authority (RTA) that have at least 50 employees will be required as of Jan. 1, 2024, to provide their full-time employees with pre-tax public transit benefits.