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Total Articles: 10

Illinois Employers - Update Your Expense Reimbursement Policies

There’s nothing like a looming deadline to prompt action. Back in August, Governor Rauner signed into law an amendment to the Illinois Wage Payment and Collection Act that, for the first time, requires Illinois employers to reimburse employees for reasonable expenditures or losses required in the course of their employment duties and that primarily benefit the employer. Because the new law takes effect January 1, 2019, we’ve been receiving quite a few questions from employers about what they should be doing to comply. Right now, there is very little guidance on how the statute will be interpreted by the Illinois DOL or the courts, so anything we can say at the moment is provisional. With that caveat, here are a few preliminary “dos” and “don’t’s”:

Illinois Enacts Expansive Job Protection Statute for Military Service Members

Effective January 1, 2019, the rights of Illinois employees serving in the military will be governed by the Illinois Service Member Employment and Reemployment Rights Act (ISERRA), Public Act 100-1101.

Recent Employee-Friendly Amendments to the Illinois Human Rights Act Include Updated Posting and Handbook Requirements

Recent amendments to the Illinois Human Rights Act (IHRA) broaden employee rights and impose new, immediate notice requirements on employers.

Biometric Privacy Case Before Illinois Supreme Court Could Open Litigation Floodgates

On November 20, 2018, the Illinois Supreme Court will hear oral arguments in a case that has significant implications for Illinois employers, though it is not an employment-law case. Over the past two years, more than 100 class action lawsuits have been filed by employees claiming to be “aggrieved persons” under the Illinois Biometric Information Privacy Act (“BIPA”).

Chicago City Council Creates Office of Labor Standards to Enforce Chicago’s Employment Ordinances

On October 31, 2018, the Chicago City Council unanimously approved the formation of the Office for Labor Standards (OLS).1 The new OLS was created to facilitate more rigorous enforcement of the city’s employment ordinances and to promote investigation into alleged violations. The law will go into effect on January 1, 2019.

Illinois Joins Growing List of States Mandating Employee Business Expense Reimbursement

An amendment to the Illinois Wage Payment and Collection Act (IWPCA) imposing an affirmative duty on employers to reimburse employees for certain expenses incurred during their employment will go into effect on January 1, 2019.

New Illinois Laws Require Employers to Reevaluate Policies and Practices

Effective August 21, 2018, Illinois amended its Nursing Mothers in the Workplace Act (820 ILCS 260/10). The prior law, which went into effect in 2001, required employers who have more than five employees to provide unpaid break time to an employee who needed to express breast milk for her nursing infant child. The amendment now requires employers to pay for “reasonable” break time spent expressing breast milk, no matter how long it takes or how often it needs to occur. A limit of up to one year after the birth has now replaced a previously undefined period.

Déjà Vu? Illinois Governor Vetoes Salary History Ban

Illinois is not yet on the salary history ban wagon. For the second time since 2017, Illinois Governor Bruce Rauner vetoed a law that would prohibit employers from seeking salary history information from prospective employees, among other fair pay provisions.

Illinois Employers Now Required to Reimburse Employee Expenses

In late August, Governor Rauner signed into law an amendment to the Illinois Wage Payment and Collection Act requiring employers to reimburse employees for “all necessary expenditures or losses incurred by [employees].” The law defines “necessary expenditures” as those “reasonable expenditures or losses required of the employee in the discharge of his or her employment duties and which [primarily] benefit the employer.”

Illinois Employers Face New Expense Reimbursement Requirements

On August 26, 2018, Illinois amended the Wage Payment and Collection Act (IWPCA) to include the requirement that employers reimburse employees for all expenses within the scope of their employment that are “directly related to services performed for [their] employer[s].” Effective January 1, 2019, the new law (820 ILCS 115/9.5) requires the following: