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Tips from the Pros

New Illinois Law For 2020, Requires All Employers To Provide Sexual Harassment Prevention Training

The State of Illinois requires that ALL Employers, with any employees, must provide sexual harassment prevention training once every year.  The Department of Human Rights is required to provide a model program that Employers can use, but are not required to use that specific program.  

In order to qualify as proper sexual harassment prevention training, the program must include the following:

1) an explanation of sexual harassment as provided by the Illinois Human Rights Act;

2) provide examples of conduct that would be considered unlawful sexual harassment;

3) a summary of Federal and State laws about sexual harassment and remedies available to victims of sexual harassment; and 

4) a summary of responsibilities for Employers to prevent, investigate and take corrective measures about sexual harassment.  

If the Employer does not provide the training, then the Department of Human Rights will give the Employer notice of the violation and 30 days to comply.  If the Employer does not comply, then a civil penalty will be entered against the Employer.  

For further information and assistance in drafting and implementing a sexual harassment prevention training program or an employee handbook, please contact Corey B. Stern at 630-824-4808, [email protected] or this Firm.  

When Buying Property, Always Perform Your Own Document and Physical Inspection

As a follow-up from a recently published Chicago Tribne article, in which Corey B. Stern was quoted as saying: 

•  "The agent may not lie, but they might not tell you the whole truth," said Corey B. Stern, a partner in the Lisle-based real estate law firm of Chitkowski Law Offices. 

•  Create a paper trail that backs up the quality and value of the work, said Stern. "Make sure that what you brag about is documented," he said. "If the house has been on and off the market, look at the prior listing sheets and see if there's new work." 

https://www.chicagotribune.com/real-estate/ct-re-home-renovation-diy-fixes-0901-20190827-rulijaddo5evbdnoqnllyyzpiu-story.html 

A Purchaser can also seek and file a Freedom of Information Request with the local municipality in order to obtain any documents about the Property from government.  For example:

i)  plans;

ii) recent permits actually received and/or may have been applied for, but were denied; and 

iii) building code or property boundry line violations. 

Court Awards Brokerage Firm $50,000.00 Commissions Despite Not Having An Executed Brokerage Services Agreement from the Buyer

In a recent case, the Buyer of a business along with its real Property refused to pay the Broker for finding and presenting the Buyer with the sale of the Property.  

The Property was not listed on the MLS.  The Broker found the Property which is considered to be an off-market Property.  Before providing the Property information to the Buyer, the Broker required the Buyer to sign a confidentiality agreement, which the Buyer executed.  As the deal progressed, the Broker sent the Buyer a Brokerage Services Agreement.  However, while the Buyer acknowledged the Brokerage Services Agreement and that it would be reviewed, the Buyer never signed the Brokerage Services Agreement.  

CONTRACTORS BEWARE: SOME CONSTRUCTION IMPROVEMENTS ARE NOT LIENABLE

This construction blog post discusses whether work performed upon the Property, is either a trade fixture (not lienable) or a permanent improvement (lienable) pursuant to the Illinios Mechanic Lien Act.

CONTRACTORS CAN PREVENT UNLIMITED LIABILITY BY NARROWING INDEMNITY CONTRACT CLAUSES

In a recent case involving a Public entity, a General Contractor and a subcontractor/lien claimant, the issue of an indemnity clause revealed that the General Contractor may have unlimited liability to the Public Entity.  

What Every Contractor Needs To Know About The Illinois Employee Classification Act To Avoid Having The State Impose Severe Penalties

The Illinois Employee Classification Act, 820 ILCS 185/1, applies to all contractors who pays any person to perform any construction work in the State of Illinois.  

Non-Competition Agreements Cannot Be Enforced Agaisnt Low-Wage Employees

By Corey B. Stern, Esq., Chitkowski Law Offices

Pursuant to the Illinois Freedom to Work Act, enacted by the State of Illinois this year, a private company is prohibbited from enforcing a non-competition agreement against any employee who makes less than $13.00 per hour.  A non-competition agreement is any restriction that prevents a person from working for another employer for a specific period of time; a specific geographical area; or for another similar employer. 

Top 10 Clauses For Every Construction Contract

By Corey B. Stern, Esq., Chitkowski Law Offices

1) Payment Terms: Identify the amount and the date or construction event when each payment is due.  Additionally, confirm that the Owner has the funds to complete the project or if financing is being used.  

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Chitkowski Law Offices 901 Warrenville Road Suite 103 Lisle, IL 60532 Phone: 630-824-4808 Fax: 630-824-4809 Map & Directions