Determining “Maintenance, Use, and Benefit” for Foreign Fire Insurance Boards

by Shawn P. Flaherty A foreign fire insurance board is quite possibly the most superfluous layer of government in the State of Illinois. The statutory purpose of a foreign fire insurance board is to create a seven-member board to adopt rules and procedures to expend the revenues that municipalities and fire protection districts collect from out-of-state insurance companies that issue …

Municipal Fees and Fines Must Be Carefully Distinguished

by Michael Castaldo III Municipal income is generated mostly from sales and property taxes. Consequently, many municipalities rely on fines and fees to bolster their revenue. Some of the most common fees come from towing and impounding vehicles connected to criminal activity. The ordinances imposing those penalties, though, often invoke court challenges where plaintiffs claim the fees or fines are …

Are Employers Liable to Family Members of Their Employees who Contract Covid-19?

by Ericka J. Thomas COVID-19 has presented challenges to all of us in a variety of different ways. It has changed how we do business, how we educate, and how we communicate. For the essential industries that have been able to remain operational, business is definitely not “as usual.” These industries have had to create plans to keep their workers …

Remote and Hybrid Learning Health and Safety Round-Up

As November begins, Illinois schools have all been in session for at least two months in one form or another. Take a bow!  Whether you have been in-person, conducted a hybrid model, or provided a fully remote program, take a moment to appreciate this accomplishment! All of the extremely difficult work that you did this summer to determine the “right” …

Municipal and Local Government Offices May Remain Open on Election Day

 With election day quickly approaching, a new decision has come out of the Illinois Seventh Judicial Circuit, Sangamon County, declaring that local government offices are not required to shut down on November 3, 2020 for election day. Public Act 101-642 amended the election code by adding Section 2B-10, declaring November 3, 2020 (Election Day 2020) a State holiday. The Act …

Liability Increased for LLC Members

by Ryan R. Morton Just a few years ago, the General Assembly made significant changes to the Limited Liability Company (LLC) Act (805 ILCS 180/1-1 et seq.), partly decreasing members’ liability. Last year, the state legislature went the opposite direction, amending the LLC Act again to create liability for members’ own wrongdoing. The changes, which took effect January 1, 2020, …

Transgender Rights: The Evolution Continues

by Maureen Anichini Lemon On June 15, 2020, the United States Supreme Court issued a landmark ruling that protects LGBTQ individuals from employment discrimination under Title VII of the Civil Rights Act of 1964. In a 6–3 majority decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), the United States Supreme Court confirmed that Title VII protects individuals …

New Law Could Lead to More Duty Related Pensions for COVID-19

by Michael B. Weinstein Police and firefighter pension funds are often required to decide whether a member has become disabled in the line-of-duty. Frequently, the individual applicant has also filed for workers’ compensation benefits, in which case the decision on those benefits might require that the pension fund come to the same conclusion. As a result, a new Illinois law …