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State Employment Law Articles
Article Index » illinois » human resources
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.
Report Link Illinois Smoking Ban Goes into Effect.
Jackson Lewis LLP - January 10, 2008
Illinois has become the 22nd state in the country with a statewide ban on smoking in places of employment. The Smoke Free Illinois Act, which became effective on January 1, 2008, prohibits smoking in public places, places of employment, and government vehicles, with fines for individuals and establishments found in violation of the Act. 410 ILCS 82/1 et seq.
Report Link Illinois Smoking Ban Effective January 1 (pdf).
Vedder Price - August 31, 2007
On January 1, 2008, the Illinois Clean Indoor Air Act will be replaced by the Smoke Free Illinois Act (SFIA). Citing studies showing that secondary smoke causes serious diseases and cannot be reduced to safe levels by ventilation or air fi lters, the Illinois General Assembly has concluded that the only means of eliminating the health risks associated with indoor exposure to secondhand smoke is to eliminate smoking activities indoors.
Report Link New Illinois Law Provides Penalties for Misclassifying Employees as Independent Contractors.
Ogletree Deakins - August 21, 2007
On August 6, 2007, Illinois Governor Rod Blagojevich signed into law H.B. 1795, the Employee Classification Act. Under the new law, construction workers are automatically deemed to be employees of the contractor unless the worker meets the specific exceptions set forth in the Act. As Governor Blagojevich explained, the purpose of the new law is "to increase protections for workers" by ensuring they are protected by basic employment and labor laws and "to help law-abiding contractors, who are being underbid by contractors who misclassify their workers [as independent contractors]."
Report Link "Take it or Leave it" Agreement Held Enforceable (pdf).
Ogletree Deakins - June 19, 2006
Aribitration agreement enforced.
Report Link Illinois Supreme Court Upholds Mandatory Arbitration of Employment Claims (pdf).
Vedder Price - April 11, 2006
The Illinois Supreme Court recently upheld a unilaterally implemented employer policy requiring that employmentrelated disputes be resolved exclusively through arbitration.
Report Link New Law Grants Family Military Leave to Illinois Workers (pdf).
Ogletree Deakins - August 31, 2005
Leave obligations for Illinois employers have expanded yet again with the recent passage of the Illinois Family Military Leave Act. The Act, which was signed into law and took effect on August 14, 2005, requires employers with more than 50 employees to grant spouses and parents of military personnel up to 30 days of unpaid leave during the time that federal or state deployment orders are in effect. Employers that have between 15 and 50 employees are required to provide up to 15 days of unpaid family military leave.
Report Link Illinois Enacts Family Military Leave Act.
Jackson Lewis LLP - August 23, 2005
On August 14, 2005, Governor Rod Blagojevich signed the Illinois Family Military Leave Act, designed to ensure that close family members of persons called to active military duty have an opportunity to spend time with their spouses or children before deployment without the risk of losing their jobs. The law is effective immediately.
Report Link New Illinois Law Allows Paid Leave To Donate Blood (pdf).
Ogletree Deakins - July 11, 2005
On June 15, Illinois Governor Rod Blagojevich signed into law the Employee Blood Donation Leave Act (House Bill 324). Under the new law, a full-time employee who has been employed by an employer for at least six months can request up to one hour of paid leave to donate blood. The Act applies to “any unit of local government, board of election commissioners, or any private employer in the State [of Illinois] who has 51 or more employees.”
Report Link Nursing Mothers' Rights in the Workplace: A Midwestern Survey.
Jackson Lewis LLP - March 18, 2005
In 2004, Illinois enacted the Right to Breastfeed Act. The Act guarantees nursing mothers the right to breastfeed in any location, public or private, so long as the nursing mother is otherwise authorized to be at that location.
Report Link Illinois Breaks Ground with New Legal Protection for the Citizen-Soldier
Jackson Lewis LLP - March 18, 2005
In the first legislation of its kind in the nation, the Illinois' Citizen Soldier Initiative expands the term "military status" in the Illinois Human Rights Act to include National Guard members and reservists, in addition to active military service men and women.
Report Link Illinois Strengthens Employment Rights and Benefits for Its "Citizen Soldiers".
Jackson Lewis LLP - January 31, 2005
Members of the National Guard and military reserves called to active duty from Illinois have been extended additional rights and benefits by the state in what has been called the first legislation of its kind in the U. S., the "Illinois Citizen Soldier Initiative."
Report Link New Illinois Law Expands Rights of Working Nursing Mothers.
Jackson Lewis LLP - January 20, 2005
The Illinois Right to Breastfeed Act grants nursing mothers the right to breastfeed their baby in any location, public or private, so long as the mother is otherwise authorized to be at that location.
Report Link Illinois and Massachusetts Extend Military Leave Rights to Reservists and DOL Issues Proposed Regs.
Jackson Lewis LLP - November 17, 2004
Over 420,000 citizen-soldiers have been mobilized since September 11, 2001. Within the past few weeks, state and federal governments have responded by extending and clarifying the rights of reservists.
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