After George Orwell’s novel, “1984”, was published, the term “Big Brother” became a household name. It is used to refer to any institution or practice that allows companies or organizations to see what people are doing no matter where they are. The term has been applied to everything from traffic light cameras to Google’s practice of tracking consumers’ search histories.

But most disturbing of all is a recent lawsuit against Aaron’s Inc., a rental company, alleging it leased computers that contained spyware. Aaron’s allegedly used the software to take pictures of people in their homes via the computers’ webcams, as well as screenshots taken while the leased computers were in use. According to the lawsuit, even when users thought their computers were turned off, the spyware could turn it on and take photos via the computer’s webcam. The information collected by the rental company in this manner allegedly included highly sensitive emails and pictures, including pictures of nude children and people having sex. Continue reading ›

Caddies sue for Unpaid Compensation for Advertising on Bibs reports NPR.

More than 100 caddies filed legal action against the Professional Golfers Association for $50 million in advertising revenue. Renee Montagne talks to Rex Hoggard, a senior writer at the Golf Channel.

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There are different methods companies can use to pay their employees. Although many people are familiar with the hourly wage and salary options, some employees get paid piecemeal – or per job – regardless of how long it takes them to complete that job. Although it is not illegal to pay workers a piecemeal rate, employers who choose to do so must make sure they are still abiding by the federal Fair Labor Standards Act (FLSA). The Act states that all employees working in the United States are entitled to at least $7.25 per hour, with a lower minimum wage for tipped workers.

Regardless of how employees are paid, the FLSA requires employers to provide all workers with accurate itemized wage statements. By law, these statements must define a pay period and detail the hours worked or jobs performed by the employee in that pay period, how much she was paid, and how much was withheld for things like health insurance, taxes, etc. Providing these statements allows employees to make sure they are paid fair wages for the work they perform, and to keep a record of what they have been paid. Continue reading ›

After George Orwell’s novel, “1984”, was published, the term “Big Brother” became a household name. It is used to refer to any institution or practice that allows companies or organizations to see what people are doing no matter where they are. The term has been applied to everything from traffic light cameras to Google’s practice of tracking consumers’ search histories.

But most disturbing of all is a recent lawsuit against Aaron’s Inc., a rental company, alleging it leased computers that contained spyware. Aaron’s allegedly used the software to take pictures of people in their homes via the computers’ webcams, as well as screenshots taken while the leased computers were in use. According to the lawsuit, even when users thought their computers were turned off, the spyware could turn it on and take photos via the computer’s webcam. The information collected by the rental company in this manner allegedly included highly sensitive emails and pictures, including pictures of nude children and people having sex. Continue reading ›

In the recent case of Cronimet Holdings, Inc. v. Keywell Metals, LLC, No. 14 C 3503, in the federal court for the Northern District of Illinois, the Court dismissed many of the employers’ claims regarding unfair competition by former employees of a company it purchased but who left before the purchase closed to take jobs at a competitor.  The employees had never signed non-compete agreements with the company that purchased their former employer.

The facts of the case are as follows. After spirited bidding with Plaintiff Cronimet Holdings, Inc. (“Cronimet”), Defendant Keywell Metals, LLC (“Keywell Metals”) acquired the assets of Keywell, LLC (“Keywell”) in December 2013. Two of Keywell’s employees, Plaintiffs Edward J. Newman and John D. Joyce, decided not to join Keywell Metals, however, and instead were hired by Cronimet in May 2014, precipitating this lawsuit. Cronimet, Newman, and Joyce filed the suit seeking a declaration that Cronimet could employ Newman and Joyce regardless of a non-disclosure agreement between Cronimet and Keywell (the “Cronimet NDA”) and non-compete agreements Newman and Joyce had with Keywell. Continue reading ›

In the recent case of Critical Care Systems, Inc. v. Heuer, the Illinois Appellate Court agreed that a non-compete agreement was too broad and thus unenforceable and affirmed the trial court’s refusal to enjoin the employee from joining a competitor of his former employer.  The Appellate Court also refused the employer’s request to blue pencil and rewrite the agreement to make it narrower and thus enforceable holding Illinois law did not permit it to do that.

In November 2012, plaintiff, Critical Care Systems, Inc., filed a verified complaint against defendants, Dennis Heuer and IV Solutions, LLC, seeking injunctive relief barring its former employee Heuer under his non-compete agreement from taking a new job with IV Solutions.  Critical Care also sought compensatory and punitive damages. Critical Care, the plaintiff thereafter petitioned the trial court to enter a preliminary injunction, which the trial court denied.  The Appellate Court affirmed the trial court’s decision agreeing that Critical Care didn’t have unique information to protect and that its non-compete agreement was too broad. Continue reading ›

Declaring bankruptcy can have a number of advantages for some companies. It doesn’t necessarily mean the end of the company, but it can be the beginning of a transition into another company, even if it continues in the same business.

For example, General Motors (G.M.) declared bankruptcy in 2009. It’s still doing business, but the company that made cars prior to the bankruptcy agreement is known as “Old G.M.”, while the company currently making cars is known as “New G.M.” It may not seem like much of a difference, and to many people it’s not, but at least in terms of liability, it can make all the difference in the world. Continue reading ›

Familial relationships can be tough. When you combine them with the added stress of trying to run a family business together, sometimes it can be a recipe for disaster. Marla Cramin, the owner of Sarkis Cafe, a popular diner that has been business in Evanston for many years, has filed a second lawsuit against her brother, who also happens to be the former manager she had hired to run Sarkis Cafe for many years.

Cramin and her husband, Jeff Cramin, bought the diner in 2000 from its original owner, Sarkis Tashjian. When Jeff died in an accident in 2002, Marla hired her brother, Scott Jaffe, to manage the diner for her. Cramin fired her brother in 2012 and he went on to start his own restaurant in Highland Park, which just opened in April. It was originally called the Order Up Diner, but after he settled a lawsuit with his sister, he changed the name to the Uptown Diner. Continue reading ›

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