Total Articles: 12
New Credit History Law Goes Into Effect January 1
Effective January 1, 2011, Illinois employers who perform background checks or otherwise inquire about credit history as part of the recruitment process or in making other employment decisions must comply with the Illinois Employee Credit Privacy Act (IECPA), which generally prohibits inquiry into and consideration of an applicant or employee’s credit history to make decisions concerning employment, including with respect to recruiting, discharge, compensation and other terms and conditions of employment. The IECPA restricts use of a broad range of credit information without regard to the source of such information, and is not limited to credit information that is obtained from a consumer reporting agency.
New Illinois Law Prohibits Use of Credit History in Hiring and Employment Decisions
Effective January 1, 2011, a new law will prohibit many Illinois employers from basing hiring, promotion, and other employment decisions on an employee or job applicant's credit history.
New Credit-Checking Legislation Signed Into Law (pdf).
Last April, we alerted you to a fast-moving proposal in the
Illinois General Assembly to prohibit employers from using
an employee’s credit history in employment decisions
(Check Your State Law Before Credit-Checking Your
Employees, 4/13/10). With Governor Patrick Quinn’s
signature one week ago, this proposal became law. When
it goes into effect on January 1, 2011, Illinois will join a
small group of states banning credit checks for most job
applicants.
New Illinois Law Prohibits Employers' Use of Credit Checks in Hiring.
The credit history of a job candidate will be off limits to Illinois employers as of January 1, 2011. Illinois Governor Pat Quinn signed the bill into law on Tuesday, thereby prohibiting employers from making employment decisions--including the decision whether to hire--based on the individual's credit history.
New Illinois Law Limits Credit Checks By Employers.
Effective January 1, 2011, a new law signed today by Illinois Governor Pat Quinn will strictly limit employers' ability to obtain and use credit history information regarding employees and applicants. The Employee Credit Privacy Act applies to most Illinois employers, but excludes banks and financial institutions, insurance companies, state law enforcement units, state and local government agencies, and debt collection agencies.
New No Smoking Law in Illinois Exposes Employers to Liability.
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.
Illinois Smoking Ban Effective January 1 (pdf).
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.
New Illinois Law Provides Penalties for Misclassifying Employees as Independent Contractors.
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]."
"Take it or Leave it" Agreement Held Enforceable (pdf).
Aribitration agreement enforced.
Illinois Supreme Court Upholds Mandatory Arbitration of Employment Claims (pdf).
The Illinois Supreme Court recently upheld a unilaterally implemented employer policy requiring that employmentrelated disputes be resolved exclusively through arbitration.
New Law Grants Family Military Leave to Illinois Workers (pdf).
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.
New Illinois Law Allows Paid Leave To Donate Blood (pdf).
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.”
