Law and the Workplace

Tag Archives: illinois

Illinois Enacts Workplace Transparency Act

On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law.  The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after January 1, 2020.  Here are the key features with respect to arbitration agreements, employment agreements and separation agreements that Illinois … Continue Reading

Illinois Expands Workplace Protections for Breastfeeding Employees

Governor Bruce Rauner has signed into law a bill that expands protections for employees needing to express breast milk in the workplace.  The law amends the preexisting Nursing Mothers in the Workplace Act (the “Act”) in several significant ways—most notably that break time provided for the expression of milk “may not reduce an employee’s compensation” … Continue Reading

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto of a salary history ban. As we previously reported, on August 25, 2017, Governor Rauner vetoed a bill that would have … Continue Reading

Chicago Passes Ordinance Requiring Hotels to Provide “Panic Buttons” To Certain Employees

On October 11, 2017, the Chicago City Council passed the Hotel Workers Sexual Harassment Ordinance (the “Ordinance”), which requires Chicago hotels to develop anti-sexual harassment policies and provide employees who work alone in hotel rooms with panic buttons. Employers who fail to comply with these requirements or retaliate against employees for invoking the Ordinance’s protections … Continue Reading

Chicago Sees A Major Uptick in FLSA Litigation, Consistent With National Trends

The U.S. District Court for the Northern District of Illinois has emerged as one of the nation’s busiest federal district courts with respect to wage-and-hour litigation.  As reported by Crain’s Chicago Business, in 2015 alone, 542 Fair Labor Standards Act actions were filed in the Northern District of Illinois.  Between 2011 and 2015, wage-and-hour actions … Continue Reading

Chicago Task Force Proposes 5 Days Of Paid Sick Leave For Employees

Poised to join the increasing number of cities that require paid sick leave, the Working Families Task Force (commissioned by Chicago Mayor Rahm Emanuel) recently recommended that employees in Chicago be allowed to earn at least 5 paid sick days each year. The task force is comprised of 27 members, including business, government and worker … Continue Reading

Cook County, Illinois Amends Human Rights Ordinance To Limit Credit Checks

Cook County, Illinois enacted a bill (No. 15-3088) that amends the Cook County Human Rights Ordinance to restrict employers from asking about or otherwise considering a prospective or current employee’s credit history in employment decisions.  The new ordinance took effect yesterday.  It is nearly identical to laws in Illinois and Chicago that were enacted a … Continue Reading

Illinois and Chicago “Ban the Box” Laws Take Effect

Illinois’ and Chicago’s “ban the box” laws took effect on January 1.  Both laws prohibit private employers from making criminal inquiries until after an applicant has been notified of his or her selection for an interview (where the employer does not conduct an interview, it must wait until after making a conditional offer).  The two … Continue Reading

A Pregnant Pause For Illinois Employees?

Following a national trend, Governor Pat Quinn recently signed legislation amending and expanding the protections under the Illinois Human Rights Act (“IHRA”) for pregnant applicants and employees, requiring reasonable accommodation of pregnancy, not just pregnancy disability. The amendment, which takes effect January 1, 2015, applies to all employers with at least one employee. Examples of … Continue Reading

Latest Criminal Background Check Developments Affect San Francisco, Illinois, and Alabama Employers

Employers should be aware of the following developments across the country before running a criminal background check: San Francisco’s new “ban the box” ordinance is set to take effect next week, including the requirement that employers post and distribute a notice of rights; the Northern District of Illinois recently granted the Equal Employment Opportunity Commission’s … Continue Reading

EEOC Sues Over Common Release Language In Northern District of Illinois

The EEOC recently filed a lawsuit challenging CVS Pharmacy’s (the “Company’s”) separation agreement, which, it asserts, was distributed to more than 650 employees in 2012.  EEOC v. CVS Pharmacy, Inc., Case No. 1:14-cv-00863 (N.D. Ill.).  The agency alleges that the separation agreement had the effect of interfering with Title VII rights by purportedly failing to … Continue Reading

Unemployment Laws Have New Teeth Under the Integrity Act: Are You Ready?

 In 2011, President Obama signed the Unemployment Insurance Integrity Act (the “Act”), which largely shifts the responsibility for unemployment insurance integrity to employers. The Act required states to adopt legislation implementing the provisions of the Act by October 21, 2013 and, in many states, employers are just starting to see the impact of the new … Continue Reading

Illinois Amends Social Media Law Enacted Just Last Year

On August 16, 2013, Illinois amended its social media law that had restricted employer access to an applicant’s or employee’s social media account. The amendments clarify that the law’s proscriptions only apply to personal social media accounts, and add an express exception to permit employers to monitor professional accounts. Read this alert for more on the … Continue Reading

Illinois Expands Employee Classification Act

On July 23, 2013, Illinois Governor Pat Quinn (Dem.) signed into law two amendments to the Employee Classification Act, a law that regulates the classification of workers in the construction industry.  The Act imposes a three-pronged test to determine independent contractor status for individuals, along with a 12-part test for individuals operating as sole proprietors … Continue Reading

Illinois Restrictive Covenants Harder to Enforce Post-Fifield and Montel

Illinois employers are still reeling from the Illinois Supreme Court’s refusal to review the decision in Fifield v. Premier Dealer Services, Inc., No. 1-12-0327 (Ill. App. Ct., 1st Dist. June 24, 2013).  In Fifield, the First District Appellate Court ruled that employee non-competition and non-solicitation agreements supported by consideration consisting of less than two years … Continue Reading
LexBlog