Articles Discussing General Topics In Illinois Labor & Employment Law.

Employers are reminded that as of January 1, 2015, most Illinois employers will no longer be permitted to include a question about criminal convictions in their employment applications.

Beginning January 1, 2015, the Illinois Human Rights Act (“IHRA”) will offer additional protections for pregnant women in the workplace and additional responsibilities for employers with respect to their pregnant workers. On or before that date, employers must post information about the new protections in a conspicuous location and include that information in their employee handbooks, if any.

An amendment to the Chicago Municipal Code establishes a minimum wage for employees of businesses operating facilities located within the City of Chicago that is higher than the Illinois minimum wage.

Beginning January 1, 2015, the Illinois Human Rights Act (“IHRA”) will offer additional protections for pregnant women in the workplace and additional responsibilities for employers with respect to their pregnant workers.

On August 25, 2014, Illinois Governor Pat Quinn signed Senate Bill 3551 (“SB 3551”) amending the Illinois Migrant Labor Camp Law (“IMLCL”).

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA)1 violates procedural due process rights and is impermissibly vague. The ECA sets parameters for lawfully classifying workers as independent contractors in the construction industry in Illinois. The ECA also, through its latest procedural amendments made in January 2014, creates a mechanism for employers in the construction industry to challenge determinations that the ECA has been violated. Handed down six years after the ECA’s original effective date, the Illinois Supreme Court’s decision in Bartlow v. Costigan2 means the ECA is here to stay.

Effective April 29, 2014, a new Chicago ordinance will prohibit smoking of electronic cigarettes (or e-cigarettes) in enclosed public places and enclosed places of employment in the city. Chicago joins New York City and a handful of other jurisdictions (including the states of Arkansas, North Dakota, and Utah) to have included e-cigarettes in their indoor smoking regulations.

On January 1, 2014, Illinois will become the 20th state in the nation to legalize marijuana for medicinal purposes. Illinois’ governor signed the legislation, the Compassionate Use of Medical Cannabis Pilot Program Act (“Cannabis Act”), to create the four-year pilot program. The program allows patients diagnosed with one of 42 specific, debilitating medical conditions to use medicinal marijuana. Qualifying individuals will be issued a Registry Identification Card by the Department of Public Health. Illinois has removed state-level criminal penalties from the medical use and cultivation of cannabis. The purpose of the Act is to protect patients with certain debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if the patients engage in the medical use of cannabis.

The wheels are in motion and soon the Illinois Firearm Concealed Carry Act will take flight. The law allows licensed individuals to carry concealed or partially concealed firearms on their persons and in their vehicles. Businesses need to act quickly if they intend to limit an individual’s ability to carry concealed firearms into the workplace or onto company property.

Chicago has added teeth to existing wage laws by stiffening penalties for employers engaged in “wage theft.” Wage theft is broadly defined as violating wage laws, for example, by failing to pay workers overtime or minimum wage.

On October 18, 2012, the Illinois Supreme Court delivered a very important decision for Illinois employers in Lawlor v. North American Corporation of Illinois, Case No. 112530 (Oct. 18, 2012). The court not only confirmed that the tort of intrusion upon seclusion is recognized in Illinois, it also applied principles of agency law to find an employer liable for the torts of a non-employee private investigator because the investigator was acting as the employer’s agent.

As use of social media sites continues to rise, employer attempts to access social media content and passwords from current employees and applicants have come in for mounting criticism. By appearing to threaten private communications, this employer practice has triggered a strong legislative reaction at the state and federal levels.

On August 1, 2012, Illinois Governor Pat Quinn signed into law a bill modifying Illinois’ Right to Privacy in the Workplace Act to limit employers’ access to applicants’ and employees’ restricted social media accounts. The Illinois bill applies to both public sector and private sector employers.

Executive Summary: Illinois has joined a growing trend to protect workers from employers who want access to their Facebook or other social networking accounts. On August 1, 2012, Governor Quinn signed into law an amendment to the Illinois Right to Privacy in the Workplace Act.

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.