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Taxation of Court-Ordered Damages Awards

by Natalie Lorenz, Associate

Question: Do I have to pay taxes on damages I received in a court case?  Answer: It depends on the reason you received the damages.

Damages are not taxable if they are awarded on account of a personal physical injury.  26 U.S.C. 104(a)(2).  Under this test, there are two requirements: first, there must be a physical injury, and second, damages must have been awarded “on account of” that physical injury.

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New Illinois Law Will Prohibit Employers From Asking Job Applicants About Criminal Convictions

By Mark S. Schuver, Shareholder

Effective January 1, 2015, employers in Illinois with more than 15 employees will be prohibited from asking job applicants about their criminal conviction record.  Awaiting signature by the Governor, the Illinois “Job Opportunities for Qualified Applicants Act” states that an employer “may not inquire about or into, consider or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determine [to be] qualified for the position and notified that the applicant has been selected for an interview by the employer or employment agency or, if there is not an interview, until after a conditional offer of employment is made to the applicant.”

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Illinois Enacts Groundbreaking Pregnancy Discrimination Law

By Mark S. Schuver, Shareholder

On August 26, 2014, Governor Quinn signed into law HB8. The new law, which goes into effect on January 1, 2015, amends the Illinois Human Rights Act to include some of the most expansive protections for pregnant employees in the country. The Act will prohibit all forms of discrimination against pregnant employees, and will impose an obligation on all employers in Illinois to "reasonably accommodate" pregnant workers. This new law will apply to all employers in Illinois, regardless of the size of the business or number of employees.

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Officers, Directors And Certain Volunteers At Not For Profits Beware Of Ides Liability!

By Kevin J. Richter, Shareholder

In a little known law change, effective the 1st quarter of 2012, the Illinois Department of Employment Security (“IDES”) is now able to charge responsible officers or employees with personal liability for amounts due the IDES. Personal liability extends to any officer or employee of an employer who has control, supervision, or responsibility for the filing of reports or the payment of contributions, payments in lieu of contributions, penalties or interest from the employer and who wilfully fails to file the reports or make the payment.

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Short Term and Standby Child Guardians

by Kelli E. Madigan, Shareholder
Who will take care of our children when we are gone? This is a question many ask, but not as many ever answer. Illinois law gives parents the opportunity to answer that question in a manner that can offer short-term and long-term peace of mind through the appointment of a short-term child guardian and a standby child guardian.

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