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State Employment Law Articles
Article Index » illinois: 10 Most Recent Articles
Report Link Illinois Amends State Equal Pay Act to Extend Filing Periods and Adopt Ledbetter Paycheck Standard.
Littler Mendelson, P.C. - September 14, 2009
Illinois recently amended its Equal Pay Act of 2003 (EPA) to make it easier for employees to complain of perceived violations. These amendments significantly expand the amount of time within which employees must submit complaints, place heavier burdens on employers to keep and preserve wage-related records, and permit employees to complain about distant compensation decisions so long as they are reflected in recent wage payments. These amendments became effective August 14, 2009, the date that Illinois governor Pat Quinn signed the new law, Public Act 96-467.
Report Link Significant Changes to IL Victims' Economic Security & Safety Act Merit Review by IL Employers (pdf).
Vedder Price - July 14, 2009
Significant Changes to IL Victims' Economic Security & Safety Act Merit Review by IL Employers.
Report Link Illinois Supreme Court Expands Strict Liability for Harassment by a Supervisor.
Jackson Lewis LLP - April 23, 2009
Illinois’ High Court has broadened the range of cases where an employer can be held strictly liable for the conduct of a supervisory employee.
Report Link Illinois Supreme Court Applies Strict Liability to All Workplace Sexual Harassment By Supervisors
Littler Mendelson, P.C. - April 23, 2009
On April 16, 2009, the Illinois Supreme Court issued its decision in Sangamon County Sheriff's Department v. Illinois Human Rights Commission, Nos. 105517, 105518 cons. The court decided, by a 4-2 margin with one justice abstaining, that an Illinois employer is strictly liable for sexual harassment committed by any supervisory or management employee, even where the harasser had no supervisory authority over the complainant and had no authority to affect the terms and conditions of the complainant's employment.
Report Link Restrictive Covenant/Trade Secrets Bulletin - Legislative Changes On The Horizon (pdf).
Vedder Price - March 26, 2009
Covenants not to compete and the Illinois Trade Secrets Act are powerful weapons that an employer can use to prevent unfair competition by a former employee. Two bills recently introduced to the Illinois legislature propose changes that, if enacted, could signifi cantly alter the law in these two areas.
Report Link Employers Must Comply With The Illinois Biometric Information Privacy Act.
Ford & Harrison LLP - January 16, 2009
With increasing frequency, employers are using "biometric information" of their employees as a means of identification for an array of work-related transactions, such as background screening, computer login, timekeeping, and facility access. In October 2008, the Illinois legislature enacted the Biometric Information Privacy Act (the "Act"), 740 ILCS 14/1 et seq., to regulate the collection, use, safeguarding, and storage of biometric information by private entities and to address public concerns regarding use of biometric information. "Private entities" under the Act include "individual[s], partnership[s], corporation[s], limited liability company[ies], association[s], or other group, however organized." As noted below, the definition contemplates private entities who collect biometric information for employment purposes.
Report Link Illinois: Employers and Employees to Report Discovery of Electronically Transmitted Illegal Images.
Jackson Lewis LLP - October 10, 2008
Under an amendment to the Abused and Neglected Child Reporting Act, electronic information and technology workers and their employers in Illinois are required to report immediately any child pornography discovered on electronic and information technology equipment.
Report Link Employers Offering Insured Health Plans Required To Extend Coverage To Dependents Up To Age 26.
Ogletree Deakins - September 08, 2008
Employers that offer insured health benefits to Illinois employees will need to offer that coverage to unmarried dependents up to age 26 – without regard to student status – and up to age 30 for veterans residing in Illinois, under a new state insurance law set to take effect for policies issued or renewed after June 1, 2009. The Illinois House and Senate accepted Governor Rod Blagojevich’s amendatory veto of House Bill 5285 which created the new dependent coverage provisions.
Report Link The Amendment to the Illinois Human Rights Act: Access to Illinois Circuit Court.
Vedder Price - March 14, 2008
The price tag for employment discrimination just went up. Effective January 1, 2008, employees who bring discrimination or harassment claims under the Illinois Human Rights Act, 755 ILCS 5/101, et seq., will have access to the Illinois state court and, perhaps more importantly, jury trials. This is a major change for employment disputes in Illinois and will affect both employees and employers.
Report Link New No Smoking Law in Illinois Exposes Employers to Liability.
Ogletree Deakins - January 15, 2008
As of January 1, 2008, Illinois employers could face fines if they fail to prevent their employees from smoking in the workplace. Specifically, the “Smoke Free Illinois Act” requires, among other things, employers to prohibit any person from smoking in any place of employment or within 15 feet of any entrance to a place of employment. Further, the Act requires employers to clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbols in the workplace, post signs at every entrance to the workplace stating that smoking is prohibited, and remove all ashtrays from the workplace. The Act prohibits retaliation against employees who report a violation of the Act or participate in an investigation of a violation of the Act. While the Act does not require employers to provide an outdoor smoking shelter for employees, it does require existing shelters and ashtrays to be moved in accordance with the 15 foot rule. There are several exemptions outlined in the Act.

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