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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.

IL Court Clarifies RIF Rules When Tenured Teacher Evaluated Twice in One School Year

Decisions on reductions in force in school districts are not common in Illinois, so a recent opinion from the Fourth District Appellate Court warrants brief mention.

New Privacy Protections Introduced in Illinois

Illinois has introduced new workplace privacy legislation governing the use of artificial intelligence during the job interview process. The state legislature unanimously passed the Artificial Intelligence Video Interview Act (“the AIVI Act”), HB2557, which imposes consent, transparency and data destruction requirements on employers using AI technology during the job interview process. This comes at a time as many employers are beginning to take advantage of AI for hiring as recently reported by the Washington Post in its profile of the video interviewing software HireVue.

Illinois Continues to Increasingly Regulate AI in the Workplace

Illinois continues to adopt additional privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered one of the more expansive data breach notification laws in the nation.

Illinois Leads the Way on AI Regulation in the Workplace

Illinois continues to lead the way in privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered one of the more expansive data breach notification laws in the nation.

Illinois Supreme Court Will Opine on District’s Ability to Restrict Sick Leave

Last month, the Illinois Supreme Court granted a petition for leave to appeal the Illinois Appellate Court’s decision in Dynak v. Board of Education of Wooddale School District 7, 2019 IL App (2d) 180551, which held that a school district may restrict a request to use sick leave for the birth a child pursuant to Section 24-6 of the Illinois School Code when a teacher’s use of the leave would be interrupted by the summer break.

Sharp Curve Ahead! An Employer’s Roadmap to Recent Legislative Developments in Illinois

The Illinois legislature has been quite active, leaving many employers wondering: “Is Illinois the new California?” Some measures, like Chicago’s Fair Workweek Ordinance, are new, while other laws amended existing statutes, including the Equal Pay Act, the Illinois Human Rights Act, and the Wage Payment and Collection Act. This article will cover certain wide-ranging developments and trends, from recreational marijuana use and how legalization impacts workplace policies, to Illinois’ new #MeToo law requiring sweeping changes for employers.

Illinois Equal Pay Act Mandates to Take Effect September 29

Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices.
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