Carlson Dash Digest – December 2014



The Carlson Dash Digest

December 2014 / Vol. 3

The holiday season and year end always bring a wild flurry of activity.  At work we are wrapping up as many projects as we can, scheduling appointments for after the holidays and laying out goals for the coming year.  At home we are preparing, if not bracing ourselves, for time with family and maybe even picking out a resolution or two for the coming year (or at least the first several days of the new year).  We hope you and yours have had a meaningful 2014 and we here at Carlson Dash wish you nothing but the best for 2015.

December Topics

  • Sole Proprietorship to S-Corp: Choosing What Works for You – Corporations (Part 3)
  • Q&A: Lender Considerations in Perfecting Security Interests in Illinois Land Trusts

Jim Dash on Mechanic’s Liens

On the heels of a well-attended and received program for the Illinois State Bar Association on Construction Contracts, Jim Dash spoke at the Chicago Bar Association’s annual Mechanics Liens & Construction Claims seminar presented by the Construction Law and Mechanics Lien Subcommittee.  Jim spoke on the topic of “Perfecting Mechanics Liens on Private Projects” in which he discussed the steps a party must take under the Illinois Mechanics Lien Act in order to perfect its mechanics lien on private property.

Jim is a current member and past Chair of the Construction Law and Mechanics Lien Subcommittee and has over 25 years of experience in mechanics lien law.  Jim focuses his practice on real estate-related litigation, with an emphasis on construction and also on title insurance defense work.  For a list of upcoming events please visit CBA’s website.

Legal Tidbits

There have been several new laws enacted in the state of Illinois, many of which took effect on January 1, 2014.  For instance, those who toss their cigarette butts, please know that those little tosses are now specifically designated as litter and anyone caught tossing one is risking a $1,500 fine. (HB 3243).

Not all new legislative measures are punitive.  In Wisconsin, the legislature passed an act this past year giving veterans and members of the armed forces priority in registering for courses at the University of Wisconsin System and technical colleges. (36.11 (47m) and 38.12 (12)).

Here is a sampling of other legislation that will go into effect on January 1, 2015 in Illinois:

Pregnancy Accommodations (HB 8)

This Act makes it a civil rights violation for an employer to refuse to provide reasonable accommodations for an employee for conditions related to pregnancy, childbirth, or related medical conditions, if she so requests, with the advice of her health care provider (unless the accommodations would impose an undue hardship on the business).

Restrictions on Criminal Background Inquiries (HB 5701)

An employer may not inquire into or require disclosure of a job applicant’s criminal record or criminal history before the candidate has been notified that the candidate has been selected for a job interview or has been offered a conditional offer of employment.  Note: “Employer” is defined to mean 15 or more employees within the State of Illinois.

Sexual Harassment Protection for Unpaid Interns (HB 4157)

An unpaid intern is considered an “employee”, and all the rights and duties that come with that designation.

Non-Binding Referendum on Minimum Wage Increases (HB 3718)

This Act raises the minimum wage in Illinois to $10.65/hour, over three years ($9.25/hr on October 1, 2014, $10.00/hr on July 1, 2015, and $10.65/hr on July 1, 2016).  It does not change the laws about tipped workers, temporary workers, or teen workers, or make any substantive changes to minimum wage law, except increasing the wage.

Sole Proprietorship to S-Corp:

Choosing What Works for You – Corporations 

In the last installment of our three-part series on choosing the right business structure for you, we look at corporations.  C Corp, S Corp and LLC, what are the advantages and disadvantages?
Q&A: Lender Considerations in Perfecting Security Interests in Illinois Land Trusts

Often, just having a security agreement is not enough.  Many states, Illinois included, require perfection of the security interest to enforce it against third parties.  What considerations should a lender keep in mind?




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