Illinois Bar Journal

The term “independent contractor” has historically been defined as “one who renders service in the course of an occupation representing the will of the person for whom the work is done only as to the result of the work and not as to the means by which it is accomplished, and is one who undertakes to produce a given result without being in any way controlled as to the method by which he attains that result.” But the label “independent contractor” does not absolve a hiring entity from tort liability for the latter’s own negligence when retaining some requisite degree of control over an independent contractor; nor is the label dispositive for determining whether an agency relationship existed between the two parties. As Gregory Jones shows in his July Illinois Bar Journal article, “Will the Real Independent Contractor Please Stand Up?”, causes of action against employers of independent contractors remain viable in certain instances. Jones also examines claims against independent contractors and various tests for vicarious liability.

There is no question that the speed of the legal acceptance of cannabis has outpaced the progress of scientific research into its use and the beneficial or harmful effects on the human body. The lack of conclusive research into the use of cannabis is illustrated by pseudoscientific claims made about the benefits of cannabis derivatives such as cannabidiol (CBD), a nonpsychoactive substance marketed as CBD oil that can be readily sourced at your local mall, convenience store, or health food store. Also, as Larry A. Davis shows in his July Illinois Bar Journal article, “Too High to Drive?”: The lack of science-based guidance on the safe use and proper regulation of cannabis is apparent in the inconsistent cannabis-based DUI laws that have been enacted in the course of the Illinois General Assembly’s legalization of medical and recreational cannabis. In his article, Davis explores these inconsistencies and their implications on DUI matters.

In October 2019, the U.S. Supreme Court declined to grant certiorari to a case out of the Ninth Circuit, where the appellate court ruled that the Americans With Disabilities Act’s definition of “places of public accommodation” includes websites. In the Pointers From Practice HQ column in June’s Illinois Bar Journal, Affinity Consulting Group’s Jeff Schoenberger provides practical, easy-to-adopt tips for making your website more ADA compliant, even though federal guidance on the matter is far from clear.

In her June Illinois Bar Journal Article, “Illinois’ Progressive Prevailing Wage Act,” Kara M. Principe shows why the Act is arguably one of the most progressive prevailing-wage laws in the nation, especially at a time when many states have been acting to repeal similar laws. According to Principe, the most substantial amendments relate to how rates are ascertained and how they are challenged. The amendments also create minority- and local-employment-reporting requirements as well as require new information to be listed on certified payroll records. Principe also explains why penalties for violating the Act are consequential.