DuPage County IL In-House Counsel | Small Business | Litigation 2025-03-31T13:08:55Z https://www.chitkowskilaw.com/feed/atom/ WordPress by Bryan Kelsey https://www.chitkowskilaw.com/?p=46866 2025-03-10T15:12:59Z 2025-03-10T15:11:28Z

by Chitkowski Law Offices https://www.chitkowskilaw.com/?p=46865 2024-12-16T21:16:11Z 2024-12-16T21:16:11Z

by Chitkowski Law Offices https://www.chitkowskilaw.com/?p=46864 2024-12-16T18:15:09Z 2024-12-16T18:12:19Z

  Knowing the ownership structure of the project and identifying the correct entities responsible for payment is vital for any lien claim. Contractors, subcontractors, and suppliers must ensure that they have accurate information regarding the property owner and the project’s funding sources. If a project is being financed by a lender, the lender’s contact information and the terms of the financing agreement should be noted, as this could affect the timing of payments or any lien rights. Inaccurate or incomplete information about ownership and funding could lead to challenges in enforcing a lien or delay the filing process, ultimately jeopardizing the contractor’s claim.   To maintain a successful mechanics lien claim, it is also crucial that the project file includes a detailed timeline of work completed, change order logs, payment requests, and any correspondence with the property owner or contractor. When disputes arise on a project, your project file will contain the necessary information and documentation to support your claims. Regular updates to the file ensure that the contractor has an up-to-date record of communications, payment receipts, and notices that will be critical in defending the lien if contested. By keeping this file thorough, accurate, and up-to-date, contractors can protect their rights and increase the likelihood of a successful lien enforcement.]]> by Corey Stern https://www.chitkowskilaw.com/?p=46863 2024-12-01T17:18:13Z 2024-12-01T17:18:13Z

On January 1, 2025, the Illinois Equal Pay Act which, as further explained will require employers to disclose pay and benefit information on the job postings that are publicly published. This Act applies to employers with 15 or more employees.   Within 14 days of the posting, the employer must notify its current employees of the job opportunity, so the employees can apply.  The Act applies to any job that is physically performed, even partially, in Illinois; or even if performed outside of Illinois, but reports to a supervisor or office located n Illinois.  The disclosure must be: i) the actual wage/salary or the wage/salary range; ii) a description of  any benefits like 401k and other compensation; and iii) how the pay is provided, such as salary, hourly or piece rate.  When describing the pay the employer can give a range and state “based on qualifications and experience.”   When posting with a third-party, the employer needs to provide the wage and benefit information to the third-party, which could be done with a web-link that provides the information.  Even with the disclosure, the employer could pay the employee more to an outstanding job candidate.  The employer should document the reasons in its records.  The Illinois Department of Labor enforces this Act through investigations and inspections of records.  The Employer must keep the records of the job posting, pay scale/benefits and final determination for 5 years.]]> by Corey Stern https://www.chitkowskilaw.com/?p=46862 2024-08-19T21:23:06Z 2024-08-19T21:23:06Z

by coreystern https://www.chitkowskilaw.com/?p=46860 2024-04-27T17:15:34Z 2024-04-27T17:13:32Z

In April, 2024, the Federal Trade Commission (FTC) issued a new rule effectively banning existing non-competition agreements for all Workers, except for senior executives. Additionally, the new FTC rule bans an Employer from entering into or attempting to enforce any new non-competition agreements, even if they involve senior executives. The FTC defines a senior executive as a Worker that that makes more than $151,164 annually and who is in a policy-making position. The Employer must give notice to its Workers who have entered into a non-competition agreement stating that the Employer will not be enforcing the agreement against the Worker. The FTC has provided a template for this required notice, as part to the newly issued rule. The FTC rule does not prevent a Business from entering into a non-competition agreement with a person pursuant to the sale of the person’s ownership interest in that Business; or from continuing to enforce any existing cause of action related to a non-competition agreement. In Illinois, an Employer can protect its proprietary and other sensitive business interests by requiring the Worker to enter into a non-disclosure agreement and enforcing its rights pursuant to the Illinois Trades Secrets Act. Additionally, Illinois law allows for non-solicitation agreements to be entered into with Workers who make more than $45,000 this year, which increases annually. This rule will take effect in August, 2024. However, the US Chamber of Commerce has already filed a lawsuit to prevent the enforcement of this FTC non-competition rule. The case is now pending in Court. Please contact the attorneys at Chitkowski Law Offices, for the current status of the implementation of this rule, providing the required notice to Workers and implementing practices and agreements that protect your Businesses’ interests.]]> by bryankelsey https://www.chitkowskilaw.com/?p=46859 2024-02-20T20:41:48Z 2024-02-20T20:41:48Z

https://boiefiling.fincen.gov/ These BOIRs must set forth the full names, address, birthday, and unique identification number (such as a U.S. passport number or state issued driver’s license or ID card) of each beneficial owner of the company and the individual who filed the formation documents for the company. Individuals who have reported this information to FinCEN and has additional reporting obligations, may request FinCEN identifier from FinCEN. Once the individual received their FinCEN identifier may report the FinCEN identifier for the individual instead of the required information. While there are currently no ongoing reporting requirements following the initial filing of the BOIR, reporting companies must report any changes to their beneficial ownership to FinCEN within 1 year of the beneficial ownership change.   Existing companies must submit their BOIR before January 1, 2025. Reporting companies established between January 1, 2024 and January 1, 2025 have 90 days from the date of formation to file their BOIR. Any entities formed after January 1, 2025 will have 30 days from the date of formation to file their initial BOIR.       For more information, contact Jason Loebach at Chitkowski Law Offices jml@chitkowskilaw.com www.chitkowskilaw.com 630-824-4808]]> by bryankelsey https://www.chitkowskilaw.com/?p=46858 2024-01-16T22:31:48Z 2024-01-16T22:31:34Z

Evans, Inc. v. Tiffany & Co., 416 F. Supp. 224, 239 (N.D. Ill. 1976). What all of this means is that if you are the party that is preparing an invoice or believe you have an agreement with another party, you should confirm that the other party has understood and agrees to the terms that have been inserted into the invoice. One recommendation is for both parties to sign the invoice or delivery ticket in close proximity to when the service or items were provided. Another recommendation is for the parties to enter into a master agreement or credit agreement that governs the terms and conditions for the entirety of the parties’ relationship.]]> by Corey Stern https://www.chitkowskilaw.com/?p=46857 2023-12-31T20:27:56Z 2023-12-31T20:27:56Z

by Corey Stern https://www.chitkowskilaw.com/?p=46856 2023-10-06T23:54:55Z 2023-10-06T23:54:55Z

1)  Rental Amount - This includes the actual amount, identifying what is owed both annually and monthly.  Also, what other amounts may be included and calculated, such as: utilities, property taxes, maintenance, internet, repairs.  This amount should also be identified in square feet, which will confirm the physical space being rented, in the event there is discrepancy.  Additionally, the lease should provide the amount owed if the tenant stays in the Premises after the lease term expires; or if the tenant is allowed credits towards the rent for performing certain work or paying the rent in a timely manner. 2)  Duration - This includes the actual dates when the Tenant will be entitled to use the Premises.  Preferably, this term should be identified with actual calendar dates.  However, the duration could also be defined by identifying certain milestones, like a date when construction work is completed or when an inspection is performed.  Additionally, the lease should state if there is an option to renew, when the party needs to provide notice of the option to renew and to whom. 3)  Condition of the Premises - The lease needs to state who, Landlord or Tenant, will be preparing the Premises for use.  This should include who is paying for the construction, what materials will be used, who will select the materials and when the work should be completed.  Most importantly, the lease needs to state who is responsible for paying for the improvements to the Premises. 4)  Allowable Use for the Premises - The lease should specifically state what activities are allowed and not allowed.  If the business needs to perform a specific function, then that activity needs to be identified.  For example, if manufacturing of certain products are required, then terms should provide for all the steps necessary to perform the manufacturing.  Another example is if the business activities effect other parts of the Premises, like the neighbors or adjacent floors, through vibrations, noise or odors, then the lease needs to confirm that this is allowed. 5)  Damages - In the event that the Landlord or Tenant does not comply with the lease, the terms need to identify what the party is entitled to and when.  Importantly, the lease should state what conditions would lead to the tenant being evicted or not liable for the rent to the landlord.  Also, what constitutes a default by the landlord or tenant and is there a right to cure the default. Finally, if a personal guaranty is required, then the amount of the guaranty should be negotiated based upon the business' financial statement.  Another option is to limit the damages to a certain amount, as opposed to, for all amounts that may be owed for the default.]]>