Evanston, Illinois Fair Workweek Ordinance will require covered employers to provide a written good-faith estimate of work schedules and premium pay for changes. The ordinance, which takes effect on September 1, 2023, includes a host of new scheduling and recordkeeping requirements for employers in the hospitality, food service,
Articles About Illinois Labor And Employment Law.
Pay Transparency Bill Headed to Illinois Governor
Illinois employers already required to make pay disclosures for the Equal Pay Registration Certificate (ERPC) process would face even more stringent pay transparency duties under legislation currently headed to Governor Pritzker for signature. If approved by the governor, HB 3129 would mandate that Illinois employers include a pay scale
Employers Beware: Slew of New Illinois Employment Laws Passed and Poised to Take Effect
Executive Summary: For this entire 2023-2024 Illinois legislative term, we have been closely watching dozens of proposed employment bills make their way through the Illinois Legislature. In the weeks of May 8 and 15, 2023, seven of these bills passed both houses and await Governor J.B. Pritzker’s signature, which we have no doubt will occur. There is also a possible Biometric Information Privacy Act (BIPA) reform bill in the works, though very watered down compared to the versions proposed by several Republican legislators. We will first focus on the bills that have passed both houses. We have prepared a separate legal alert regarding HB1363, which makes significant changes to the Illinois Gender Violence Act, which can be accessed here.
Illinois Gender Violence Act to Specifically Apply to Employers
Executive Summary: Illinois employers should be aware that they will likely be subject to liability under amendments to the Illinois Gender Violence Act (GVA) proposed by recent legislation. HB1363 is one of a number of bills that recently passed both houses of the Illinois Legislature and should soon be sent to the governor for signature. We will be publishing an Alert discussing the other bills and their potential impact on Illinois employers, but this Alert focuses on HB1363, which will make the GVA specifically applicable to employers.
Chicago Clarifies that its Anti-Harassment Law Applies to all Employers with Employees Working in Chicago
Last year, the Chicago City Council amended the City’s sexual harassment ordinance for the express purpose of promoting zero tolerance of violence and harassment in the workplace.
Chicago Enacts Amendments to and Expands Requirements of its Criminal History Screening Ordinance
For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job Opportunities for Qualified Applicants Act (JOQAA), albeit with some important differences.
Illinois Department of Labor Amends its Regulations Governing the State’s Business Expense Reimbursement Law
The Illinois Department of Labor (IDOL) has published amended regulations, effective April 14, 2023, to Illinois’ Wage Payment and Collection Act (IWPCA).1 The amended regulations impact Illinois’ robust expense reimbursement requirements under the IWPCA. One of the most important new regulations from the IDOL now requires employers to maintain their
Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation
In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining agreement. Following precedent set by the Seventh Circuit […]
Chicago City Council Passes Ordinance Requiring Nonprofit Contractors to Enter into Labor Peace Agreement with Unions
On March 15, 2023, the Chicago City Council overwhelmingly voted to approve an ordinance requiring labor peace agreements between workers and Chicago-funded nonprofit organizations providing critical public health and social services to Chicago residents and communities. The measure, called the […]
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Paid Leave for All Workers Act Law Bulletin
Governor Pritzker has signed into law the recently passed “Paid Leave for All Workers Act” (“PLAWA”), guaranteeing paid time off for virtually all working Illinoisans. Set to go into effect on January 1, 2024, the PLAWA will provide a minimum […]
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Trade Associations Urge Illinois High Court to Reconsider BIPA Decision in Cothron
The Illinois Supreme Court’s decision that a separate claim under Illinois’ Biometric Information Privacy Act (BIPA) accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information will lead to absurd and unjust results not intended by the Illinois General Assembly, Jackson Lewis argued in a friend-of-the-court brief filed on behalf of a coalition of trade associations representing the interests of thousands of Illinois businesses employing approximately 2.9 million individuals in Illinois.
Illinois Supreme Court Rules Privacy Act Claims Accrue with Each Biometric Scan
On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan damages. The ruling could open employers up to colossal and potentially devastating damages if
Illinois Supreme Court Issues Long-Awaited BIPA Decision in Cothron v. White Castle Systems
A separate claim under Illinois’ Biometric Information Privacy Act (BIPA) accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information, a divided Illinois Supreme Court has ruled in a long-awaited decision. Cothron v. White Castle Systems, Inc., 2023 IL 128004 (Feb. 17, 2023).
Illinois Equal Pay Certification: A Practical Guide for Employer Compliance
The Illinois Department of Labor (IDOL) has issued final regulations and FAQs implementing the Illinois Equal Pay Act Amendments. The IDOL has suspended the requirement to file an EEO-1 Report with the Department.
What Illinois Employers Need to Know about the Family Bereavement Leave Act
On January 1, 2023 the Family Bereavement Leave Act (FBLA) went into effect in Illinois. Considered an amendment to the Child Bereavement Leave Act (CBLA), the FBLA supersedes the CBLA and expands unpaid leave rights for employees across Illinois in two important ways.
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