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Do Summer Babies Get More Snuggle Time? Insight from Oral Argument in Dynak Case

The Illinois Supreme Court recently heard oral argument in a case addressing restrictions on school district employee sick leave for the birth of a child under Section 24-6 of the Illinois School Code. As we explained in our earlier Franczek alert on the case, Dynak v. Board of Education of Wood Dale School District 7, 2019 IL App (2d) 180551, addresses whether a school district properly measured a teacher’s use of sick leave for the birth of a child when the leave was interrupted by summer break.

A Not So Sweet Deal for Employers Seeking to Protect Trade Secrets Under the Inevitable Disclosure Doctrine

An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act.

Three Key Takeaways from Decision on Teacher Dismissal for Erratic Behavior

A recent Illinois State Board of Education hearing officer decision upheld the dismissal of a tenured teacher who engaged in off-topic rants in the classroom, stored pornographic images on a district laptop, and refused to undergo a fitness for duty examination despite multiple instances of erratic and threatening behavior.

Eagerly Anticipated Guidance on Illinois’ Sexual Harassment Prevention and Training Requirements Released

The Illinois Department of Human Rights (IHDR) has answered the call for clarity and provided guidance on the sexual harassment prevention measures necessitated by Public Act 101-0221 (commonly referred to as the Workplace Transparency Act), which amended the Illinois Human Rights Act (IHRA). As of January 1, 2020, the Illinois Human Rights Act requires Illinois employers: 1) to provide sexual harassment prevention training by December 31, 2020 and annually thereafter; and 2) for restaurants and bars to establish and disseminate a written policy on sexual harassment within the first week of an individual’s hire and to provide supplemental, industry-specific sexual harassment prevention training.

Illinois Department of Human Rights Issues Guidance on Anti-Harassment Training

In 2019, the Illinois General Assembly enacted, and Governor Pritzker signed into law, P.A. 101-0221, containing sweeping new measures to combat workplace harassment. (Our earlier summaries are available here.) One of the new requirements in that law was a mandate that all Illinois employers provide anti-harassment training at least annually to all employees beginning in 2020. The law directed the Illinois Department of Human Rights (IDHR) to develop a model anti-harassment training program that employers could use for this purpose. Until recently, the IDHR had given no indication as to when this model training would be available.

Illinois Employers Are Due for a Check-Up: 2020 Paid Sick Leave Updates

As “Super Sick Monday” approaches, employers will review their sick leave policies and procedures to ensure that operations are not “sacked” by excessive absenteeism the day after the Super Bowl, and that an enforcement agency does not throw a flag on the play. Because sometimes the best offense is a good defense, periodic policy review can help employers confirm, “It’s good!” to reach their goal of compliance. Just as Bears fans are already looking to next season, employers with Illinois operations should look further afield to determine whether and how local (or possibly statewide) paid sick leave changes later in 2020 could affect them.

Illinois Legislature Clarifies Cannabis Act to Protect Employers Engaged in Workplace Marijuana Testing

Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by employers. On December 4, 2019, Governor J.B. Pritzker signed amendments to clarify workplace drug testing and other issues, including protections for an employer’s drug testing policy.

Illinois Governor Signs Employer-Friendly Amendments to Recreational Marijuana Law

On June 25, 2019, Governor J. B. Pritzker signed legislation making Illinois the eleventh state to approve marijuana for recreational use. Recreational use of marijuana will be permitted by law beginning January 1, 2020. As we noted in our earlier article, “Legalized Cannabis in Illinois: What Employers Need to Know,” the Illinois Cannabis Regulation and Tax Act (the “Act”) explicitly permits employers to adopt “reasonable” zero-tolerance or drug-free workplace policies, so long as such policies are applied in a nondiscriminatory manner.

The Artificial Intelligence Video Interview Act: Privacy Implications of Illinois’s AI Statute

It’s time for employers to start preparing for legislation recently signed into law in Illinois, the Artificial Intelligence Video Interview Act. The new law, which takes effect on January 1, 2020, regulates Illinois employers’ use of artificial intelligence (AI) in the interview and hiring process.

Illinois Legislature Amends Marijuana Law, Bringing Clarity, Relief to Employers with Workplace Drug-Testing Programs

As we reported over the summer, on June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act (the “Act”) into law. This Act legalizes the use, possession, and even cultivation of marijuana by adults in Illinois age 21 and older, starting January 1, 2020. As initially enacted, the Act’s provisions appeared to limit employers’ ability to maintain and enforce drug-free workplace programs prohibiting marijuana use, and more specifically, to take adverse action based merely on marijuana test results absent “articulable symptoms” of impairment. Partially in response to these concerns, the Illinois legislature passed amendments to the Act on November 14, 2019, that make it clear that employers may continue to implement policies prohibiting workers from using marijuana or marijuana products, and generally allowing the employer to take adverse action based on application of reasonable testing programs. This bill is now awaiting Governor Pritzker’s signature.
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