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State Employment Law Articles
Article Index » illinois » general
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 Illinois Delays Enforcement of State Law Prohibiting E-Verify Participation.
Jackson Lewis LLP - December 28, 2007
Department of Homeland Security ("DHS") Secretary Michael Chertoff has announced that the State of Illinois has agreed not to enforce a statute that "effectively forbids Illinois employers from enrolling in the department's E-Verify system." Illinois, therefore, will not enforce the statute, which was to become effective on January 1, 2008, until a lawsuit brought by DHS is resolved.
Report Link New Legislation Provides Illinois Employees With Workplace Bias Claims Access To Circuit Court.
Ogletree Deakins - December 11, 2007
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.
Report Link Illinois Human Rights Act Amended.
Fisher & Phillips, LLP - December 06, 2007
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.
Report Link Amendment to the Illinois Human Rights Act Opens the Door to Civil Suits.
Littler Mendelson, P.C. - September 26, 2007
Governor Blagojevich recently signed into law H.B. 1509, an amendment to the Illinois Human Rights Act (IHRA). The amendment, which becomes effective on January 1, 2008, gives complainants the option to file a civil action in state circuit court rather than filing a complaint with the Illinois Human Rights Commission ("the Commission"), which is currently the only option. Proponents praise the amendment for bringing Illinois in line with both the federal system and the thirty-eight other states that have adopted similar procedures. Opponents, however, believe that the changes will significantly increase the time and money spent on prosecuting and defending these claims, as well as place an added burden on the already over-worked courts.
Report Link Changes to Illinois Human Rights Act Provide Access to Jury Trial.
Jackson Lewis LLP - September 18, 2007
Employees making claims of discrimination or harassment under state law in Illinois have been limited to litigating their claims in an administrative forum - the Illinois Human Rights Commission. However, that limitation will soon end, due to important amendments recently made to the Illinois Human Rights Act. Beginning next year, for the first time, employees will be able to sue employers for discrimination or harassment in Illinois state courts. Illinois employers now face the prospect of defending their actions before juries.
Report Link Illinois Restricts Employer Participation in Federal Employment Eligibility Verification System.
Jackson Lewis LLP - September 17, 2007
Illinois Governor Rod Blagojevich signed into law an amendment to the state Right to Privacy in the Workplace Act prohibiting Illinois employers from enrolling in an employment eligibility verification system (EEVS) until the Social Security Administration (SSA) and the Department of Homeland Security (DHS) are able to make timely determinations on most "tentative non-confirmation notices" issued to employers. The law, approved by the Governor on August 13, 2007, also prohibits employers who enroll in an EEVS from using the system to verify work authorization unless it meets certain training and posting requirements. The law becomes effective January 1, 2008, and preempts all local laws requiring employers to use an EEVS.
Report Link Amendments to Illinois Human Rights Act Provide Direct Access to State Courts (pdf).
Vedder Price - August 29, 2007
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.
Report Link Are Your Independent Contractors Really "Independent"? (pdf).
Vedder Price - May 08, 2007
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.
Report Link Illinois Law Update: Year-End Summary (pdf).
Vedder Price - January 06, 2006
Reminder: The Illinois General Assembly enacted several laws in 2005 that impose new obligations on Illinois employers.
Report Link Revised Section 11 Of The Illinois Mechanics Lien Act (pdf).
Ogletree Deakins - November 02, 2005
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.
Report Link Illinois Enacts Legislation Granting Time Off for Blood Donations.
Jackson Lewis LLP - July 22, 2005
Effective January 1, 2006, employers in Illinois will be required to permit employees time off from work with pay to donate blood. Enacted on July 14, 2005, the "Employee Blood Donation Leave Act" permits public and private employees to take one hour of paid leave to donate blood every 56 days.
Report Link Three New Illinois Laws USERRA is Amended (pdf).
Vedder Price - January 28, 2005
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.
Report Link Illinois Employers Now Subject To Suits by Attorney General for "Pattern & Practice" Discrimination.
Jackson Lewis LLP - January 20, 2005
The Illinois Attorney General now has authority to bring a civil lawsuit when it has reasonable cause to believe that a "pattern and practice" of employment discrimination exists. "Pattern and practice" discrimination is the functional equivalent of a class action.
Report Link Illinois Attorney General Empowered To Bring Classaction Lawsuits Under The Human Rights Act (pdf).
Vedder Price - October 05, 2004
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.
Report Link Illinois Enacts More Employee-Friendly Laws (pdf).
Vedder Price - August 25, 2004
New Illinois WARN Act Exceeds Federal Requirements; New Protection for Reservists and National Guard Members; More Rights for New Mothers.
Report Link New Illinois WARN Act Signed into Law.
Jackson Lewis LLP - August 17, 2004
Beginning January 1, 2005, Illinois employers will have another obligation to consider when conducting layoffs and plant closings.

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