On February 19, 2019, Governor JB Pritzker signed into law the “Lifting Up Illinois Working Families Act,” which raises the state’s minimum wage, in increments, to $15 per hour by 2025.1 With the enactment of this bill, Illinois has become the fifth state to pass a statewide increase in the minimum wage to $15 per hour, joining California, New Jersey,2 New York, and Massachusetts.3
Articles Discussing General Topics In Illinois Labor & Employment Law.
Illinois Legislature Approves Bill to Raise Minimum Wage to $15.00, Sends to Governor for Signature
The Illinois legislature has now passed the “Lifting Up Illinois Working Families Act,” under which the state’s minimum wage will increase to $15.00 per hour over the next six years. Governor J.B. Pritzker has stated that he intends to sign the bill into law prior to his first budget speech on February 20th.
It’s BAAA-aaack – Illinois Supreme Court Revives Biometric Data Claims
Back in 2008, Illinois enacted what at the time must have seemed like a relatively obscure law to address privacy concerns associated with biometric information – the Biometric Information Privacy Act or “BIPA”. At the time, biometric devices existed, but they weren’t terribly common. Today, many of us carry a sophisticated fingerprint reader or face scanner in our pockets, and many businesses have adopted biometric security for everything from company phones and computers to timekeeping systems to door access. Unfortunately, many of those same businesses had never heard of BIPA. Cue the lawyers.
Actual Harm Not Required to Sue Under Illinois Biometric Information Privacy Law
Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an “aggrieved” person and be entitled to seek liquidated damages, attorneys’ fees and costs, and injunctive relief under the Act. Potential damages are substantial as the BIPA provides for statutory damages of $1,000 per negligent violation or $5,000 per intentional or reckless violation of the Act.
Illinois Business Expense Reimbursement Law Now in Effect
The Illinois legislature recently amended the state’s Wage Payment and Collection Act (IWPCA) to require that employers reimburse employees for all reasonable “necessary expenses” that are “directly related to services performed for [the] employer” and incurred primarily for the benefit of the employer. The governor signed the law, which took effect January 1, 2019.1 Illinois is now the ninth jurisdiction to impose expense reimbursement requirements on employers.2
Illinois Hospitals to Face Requirements Designed to Reduce Violence Against Nurses
The Illinois Health Care Violence Prevention Act mandates hospitals and other healthcare providers to comply with requirements aimed at protecting their workers from violence. Beginning January 1, 2019, healthcare providers in Illinois will need to implement specific violence-prevention policies outlined in the Act (Public Act 100-1051).
Illinois Employers – Update Your Expense Reimbursement Policies
There’s nothing like a looming deadline to prompt action. Back in August, Governor Rauner signed into law an amendment to the Illinois Wage Payment and Collection Act that, for the first time, requires Illinois employers to reimburse employees for reasonable expenditures or losses required in the course of their employment duties and that primarily benefit the employer. Because the new law takes effect January 1, 2019, we’ve been receiving quite a few questions from employers about what they should be doing to comply. Right now, there is very little guidance on how the statute will be interpreted by the Illinois DOL or the courts, so anything we can say at the moment is provisional. With that caveat, here are a few preliminary “dos” and “don’t’s”:
Biometric Privacy Case Before Illinois Supreme Court Could Open Litigation Floodgates
On November 20, 2018, the Illinois Supreme Court will hear oral arguments in a case that has significant implications for Illinois employers, though it is not an employment-law case. Over the past two years, more than 100 class action lawsuits have been filed by employees claiming to be “aggrieved persons” under the Illinois Biometric Information Privacy Act (“BIPA”).
Chicago City Council Creates Office of Labor Standards to Enforce Chicago’s Employment Ordinances
On October 31, 2018, the Chicago City Council unanimously approved the formation of the Office for Labor Standards (OLS).1 The new OLS was created to facilitate more rigorous enforcement of the city’s employment ordinances and to promote investigation into alleged violations. The law will go into effect on January 1, 2019.
Illinois Joins Growing List of States Mandating Employee Business Expense Reimbursement
An amendment to the Illinois Wage Payment and Collection Act (IWPCA) imposing an affirmative duty on employers to reimburse employees for certain expenses incurred during their employment will go into effect on January 1, 2019.
New Illinois Laws Require Employers to Reevaluate Policies and Practices
Effective August 21, 2018, Illinois amended its Nursing Mothers in the Workplace Act (820 ILCS 260/10). The prior law, which went into effect in 2001, required employers who have more than five employees to provide unpaid break time to an employee who needed to express breast milk for her nursing infant child. The amendment now requires employers to pay for “reasonable” break time spent expressing breast milk, no matter how long it takes or how often it needs to occur. A limit of up to one year after the birth has now replaced a previously undefined period.
Déjà Vu? Illinois Governor Vetoes Salary History Ban
Illinois is not yet on the salary history ban wagon. For the second time since 2017, Illinois Governor Bruce Rauner vetoed a law that would prohibit employers from seeking salary history information from prospective employees, among other fair pay provisions.
Illinois Amends IHRA to Extend Filing Deadlines, Simplify Procedures, and Reduce Administrative Backlog
For years, Illinois employment lawyers have had the frustrating experience of trying to explain the quirks of Illinois Human Rights Act1 (IHRA) practice before the Illinois Department of Human Rights (IDHR) and Illinois Human Rights Commission (IHRC) to out-of-state clients and colleagues. For instance, the IDHR required a verified response, styled like an answer, to be submitted within 60 days, and did not permit extensions. It also maintained a 180-day charge-filing deadline, despite the fact that most charges in Illinois are cross-filed with the EEOC, which has a 300-day deadline, resulting in confusion as to timeliness.
Illinois Expands Protections for Nursing Mothers in the Workplace
On August 21, 2018, Illinois Governor Bruce Rauner signed House Bill 1595 (“HB 1595”) amending the Nursing Mothers in the Workplace Act1 (the “Act”). Effective since 2001, the Act applies to employers with more than five employees and grants reasonable break time each day to an employee needing to express breast milk for her infant child. HB 1595 makes several significant changes to the Act, including to the compensability of break time under the Act, and the scope of an employer’s ability to avoid providing the required break time to its employees.
Illinois Secure Choice Retirement Savings Program No Longer Mandatory?
The future of the Illinois Secure Choice Savings Program Act (Secure Choice) is uncertain following Governor Bruce Rauner’s amendatory veto that could make employer participation in the Secure Choice program optional.