Total Articles: 26
Amendment to Open Meetings Act Requires Posting of IMRF Employee Compensation
Public sector employers need to be aware of changes to the Open Meetings Act (OMA) brought about by Public Act 97-0609 (formerly Senate Bill 1831). The Act, which became effective on August 26, 2011, contains changes in addition to providing new accelerated payments for certain salary increases provided to members of the Illinois Municipal Retirement Fund (IMRF). It also amends the OMA to require an employer participating in IMRF to post on its website the total compensation package for each employee that has a total compensation package that exceeds $75,000 per year. Additionally, the new law also requires an employer participating in the IMRF to post on its website, at least six days prior to approval, any employee compensation package in excess of $150,000.
Illinois Amends Data Breach Notification Law, Adding Data Disposal Mandate
Illinois Governor Pat Quinn has approved a measure amending his state's data breach notification law to increase protections for Illinois residents. The changes will become effective January 1, 2012.
Illinois Civil Union Law Impacts Employers
Executive Summary: The Illinois Religious Freedom Protection and Civil Union Act (Public Act 096-1513), which took effect June 1, 2011, provides civil union partners in Illinois all of the legal rights and obligations to which opposite-sex spouses are entitled under Illinois law. Employers who offer welfare benefit plans (such as health, dental and vision plans) using insurance contracts issued in Illinois are affected by the new law, as those insurance contracts must extend benefits to civil union partners to the same extent as they are offered to opposite sex spouses.
New Penalty on Illinois Employers Contributing to IMRF
On May 31, the Illinois legislature passed a bill that would impose a penalty on employers that contribute to the Illinois Municipal Retirement Fund (IMRF) for certain end-of-career salary increases for IMRF-covered employees. Specifically, this new rule imposes a penalty on employers for any salary increases in excess of 6% (or 1.5 times CPI, if higher) in any of the four one-year periods used to calculate an employee’s final rate of earnings (typically, the employee’s final four years of service).
Illinois Civil Union Act’s Implications for Employers
On June 1, 2011, Illinois began recognizing civil unions in accordance with the Illinois Religious Freedom Protection and Civil Union Act (the “Act”). The Act’s purpose is to allow same-sex and heterosexual couples to enter into civil unions and provide them with the same legal obligations, responsibilities, benefits and protections as are afforded or recognized under Illinois law to married spouses (e.g., the ability to make emergency medical decisions for partners, adoption and parental rights, spousal testimonial privilege and state spousal benefits, including workers’ compensation and spousal pension coverage). A notable caveat (and continuing sore point for some who seek full federal recognition of same-sex unions) is that the Act does not label these civil unions as a “marriage.” Nonetheless, all rules governing annulment, divorce and property division that currently apply to couples in marriages will apply to couples in civil unions.
Illinois Civil Union Law Requires Employer Action
The recently enacted Illinois law recognizing civil unions has implications for all Illinois employers. The law becomes effective June 1, 2011. Before that date, employers should review and update their policies and employee benefit programs that may be affected by the law. This is true for both employers that provide domestic partner benefits and those that do not.
How Illinois’ Civil Union Act Will Affect the Workplace
The Illinois Religious Freedom Protection and Civil Union Act (“Civil Union Act”) extends state law protections and responsibilities currently afforded to married, heterosexual couples to all committed couples in Illinois, including same-sex couples, by allowing same-sex couples to enter into a civil union. The Act will become effective on June 1, 2011.
Illinois Civil Unions and the FMLA
In a ceremony to be held later today at the Chicago Cultural Center, Illinois Governor Pat Quinn will sign a law allowing same and opposite-sex couples to enter into civil unions.
Performance Evaluations For All Public Employees Exempt From Disclosure Under FOIA
The Illinois Senate voted yesterday to join the House of Representatives in overriding Governor Quinns amendatory veto of House Bill 5154. The bill, effective immediately upon becoming law, amends the Personnel Record Review Act, 820 ILCS 40/11, to prohibit disclosure of performance evaluations under the Illinois Freedom of Information Act (FOIA).
No Credit? No Problem!
A new Illinois law prohibits many employers from discriminating against employees or job applicants on the basis of credit history. The Employee Credit Privacy Act, which was signed by Governor Pat Quinn on August 10, 2010, and takes effect January 1, 2011, contains exceptions for the banking and insurance industries, among others, and for positions that involve certain levels of financial or other responsibility.
New Illinois Law Expands Leave For Military Families
The Illinois Family Military Leave Act allows eligible employees who are the spouse or parent of a person called to military service to take unpaid leave during the family member's military service. Under the law, employees who work for an employer with more than 50 employees may take up to 30 days of leave. Employees working for employers with 15 to 50 employees can take up to 15 days of family military leave. Presently, this leave is in addition to the family military leave leave available under the federal Family and Medical Leave Act.
Seventh Circuit Raises Bar For Illinois Retaliatory Discharge Claims.
The Seventh Circuit Court of Appeals recently raised the bar for proving retaliatory discharge claims under Illinois common law in federal court, holding that a plaintiff cannot prevail based solely on evidence that the employers stated reason for the discharge was false. Rather, the plaintiff must prove that his protected action was the cause of his termination.
ISBE Issues Guidelines for Complying with July 1 Compensation Reporting Deadline.
As we informed you last fall, July 1, 2010 is the first deadline for school boards to report administrator and teacher salary and benefits to the Illinois State Board of Education (ISBE) under Public Act 096-0266, which added Sections 10-20.46 and 34-18.37 to the School Code. ISBE has issued guidance regarding the specific data required and how to submit the report through the IWAS system by midnight on July 1.
New Illinois Law Places Additional Obligations on Employers Using E-Verify.
Effective January 1, 2010, the Illinois Right to Privacy
in the Workplace Act (the Act) places new obligations
on employers using E-Verify. E-Verify is an electronic
employment eligibility verifi cation system operated
by the U.S. Department of Homeland Security (DHS).
E-Verify allows employers to electronically confi rm the
biographical and immigration data of their employees
utilizing DHS and Social Security Administration (SSA)
databases. Under this new law, Illinois employers must
complete additional attestations at the time of enrollment
in E-Verify and confi rm certain information on the Illinois
Department of Labors (IDOL) E-Verify Employer
Attestation Form (copy attached). Those employers
who have already enrolled in E-Verify must complete
the attestation form before January 30, 2010.
Significant Changes to IL Victims' Economic Security & Safety Act Merit Review by IL Employers (pdf).
Significant Changes to IL Victims' Economic Security & Safety Act Merit Review by IL Employers.
Employers Offering Insured Health Plans Required To Extend Coverage To Dependents Up To Age 26.
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 Blagojevichs amendatory veto of House Bill 5285 which created the new dependent coverage provisions.
The Amendment to the Illinois Human Rights Act: Access to Illinois Circuit Court.
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.
New Legislation Provides Illinois Employees With Workplace Bias Claims Access To Circuit Court.
Illinois employers be aware: amendments to the Illinois Human Rights Act now allow employees to commence civil actions in a circuit court. In May 2007, the Illinois Senate and House passed House Bill 1509, and Governor Rod Blagojevich signed the bill into law on August 17, 2007. The amendments will go into effect on January 1, 2008.
Illinois Human Rights Act Amended.
Last August, Gov. Blagojevich signed an amendment to the Illinois Human Rights Act that made significant changes to the State's employment law landscape. The changes go into effect on January 1, 2008, and will have considerable implications for Illinois employers.
Amendments to Illinois Human Rights Act Provide Direct Access to State Courts (pdf).
On August 17, 2007, Illinois Governor Rod Blagojevich signed a bill that will enable complainants to bypass the current administrative process and assert employment discrimination claims in state court where they may be heard by a jury.
Are Your Independent Contractors Really "Independent"? (pdf).
Contractors, subcontractors and other companies engaged in construction work and related transportation activities in Illinois should prepare themselves for the impact that House Bill 1795 (Osterman, D-Chicago) may have on their operations. Now pending before the Illinois General Assembly, HB 1795 proposes a new state law, the Employee Classifi cation Act. As of this writing, the bill is expected to pass and be signed by the governor, with an effective date of January 1, 2008. If enacted, the bill will dramatically change how many companies utilize independent contractors in Illinois.
Illinois Law Update: Year-End Summary (pdf).
Reminder: The Illinois General Assembly enacted several
laws in 2005 that impose new obligations on Illinois
employers.
Revised Section 11 Of The Illinois Mechanics Lien Act (pdf).
Recently, the Illinois Mechanics Lien Act underwent extensive technical revisions that will become
effective January 1, 2006. The section of the Act that is the most "clarified" is Section 11 which sets forth
what statements must be contained in a foreclosure complaint, what parties need to be named, and what
notices need to be provided.
Three New Illinois Laws USERRA is Amended (pdf).
On January 21, 2005, Illinois Governor Rod Blagojevich
signed into law an amendment to the Illinois Human
Rights Act to prohibit discrimination on the basis of
sexual orientation by employers, lenders and landlords.
The amendment applies to any Illinois employer with 15
or more employees, or which has a state contract.
Illinois Attorney General Empowered To Bring Classaction Lawsuits Under The Human Rights Act (pdf).
On August 24, 2004, Illinois Governor Rod Blagojevich
signed legislation that gives the Illinois Attorney General
new powers to investigate and litigate class-based pattern
and practice civil rights violations.
Illinois Enacts More Employee-Friendly Laws (pdf).
New Illinois WARN Act Exceeds Federal Requirements; New Protection for Reservists and National Guard Members; More Rights for New Mothers.
