Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric Information Privacy Act (BIPA), a unanimous Illinois Supreme Court has ruled in a highly anticipated decision. Mosby v. The Ingalls Memorial Hospital, 2023 IL 129081 (Nov. 30, 2023).
Articles Discussing General Topics In Illinois Labor & Employment Law.
Evanston, Illinois, Fair Workweek Law Imposes Predictive Scheduling Obligation on Employers
Evanston, Illinois, has adopted an ordinance requiring certain employers in designated industries to give workers a 14-day notice of schedule changes and compensate them with “predictability pay” if any changes occur less than 14 days before the first scheduled shift.
Illinois Labor Disputes Act Amended
Illinois has enacted two amendments to its Labor Disputes Act (820 ILCS 5). The first, HB 2907 (P.A. 103-0040), limits the amount of monetary damages an employer can recover stemming from a labor dispute. The second, HB 3396 (P.A. 103-0045), makes it a Class A misdemeanor with a minimum fine of $500 for anyone to place an object in the public way with the intention of interfering with, obstructing, or impeding a picket or other demonstration or protest.
Chicago City Council Passes Measure to Eliminate the Tip Credit
The Chicago City Council voted on October 6, 2023, to eliminate the subminimum wage for tipped employees working within Chicago by July 1, 2028. The “One Fair Wage” ordinance will gradually phase out the subminimum wage, also known as the tip credit, over a five-year period starting July 1, 2024.
Illinois Enacts Freelance Worker Protection Act
Illinois has enacted broad protections for freelance workers. The Freelance Worker Protection Act (FWPA) requires entities contracting with freelance workers to provide written contracts and timely compensation and authorizes administrative and civil actions for violations. The FWPA takes effect on July 1, 2024.
Illinois Employers Required to Provide Public Transit Benefits in 2024
Many employers with at least fifty employees in the six-county Chicago area will have to provide their full-time employees with pre-tax public transit benefits starting January 1, 2024, under a new Illinois law.
Illinois Enacts Pre-Tax Commuter Benefits Requirement
The new Illinois Transportation Benefits Program Act (HB 2068; P.A. 103-291) aims to promote the commuter benefits available to employees who use public transportation to commute to and from work.
Beginning January 1, 2024, certain employers located within designated Illinois counties and townships will be required to provide employees a “pre-tax commuter
Emergency Rules Clarify Recent Amendments to the Illinois Day & Temporary Labor Services Act
On August 7, 2023, the Illinois Department of Labor (IDOL) filed Emergency Rules to implement amendments to the Illinois Day and Temporary Labor Services Act (Act). The Emergency Rules took effect immediately.
The amendments strengthen equal pay rights, safety and training requirements and other protections for day and temporary
Illinois Federal Judge Says Prevailing BIPA Defendants Must Show Bad Faith for Attorneys’ Fees
An Illinois federal court recently rejected an online eyewear retailer’s request for attorneys’ fees as the prevailing party in a Biometric Information Privacy Act (BIPA or Privacy Act) class action over its virtual try-on (VTO) tools. The district judge had previously dismissed the case with prejudice under the Privacy Act’s
Illinois Mandates Pay Transparency in Job Postings
Illinois Governor J.B. Pritzker signed a new law on August 11, 2023, that will amend the Illinois Equal Pay Act (IEPA) and mandate pay transparency in job postings for most Illinois employers.
Illinois Issues Emergency and Proposed Rules to Implement Day and Temporary Labor Services Act Amendments
On August 7, 2023, the Illinois Department of Labor filed emergency rules and proposed permanent rules to implement House Bill 2862 (Public Act 103-0437), which amended the Day and Temporary Labor Services Act.
Illinois Becomes the First State to Enact Protections for Freelance Workers
On August 4, 2023, Governor JB Pritzker signed the Freelance Worker Protection Act (FWPA) (HB1122) into law, establishing strict protections for freelance workers.
Illinois Extends Bereavement Leave Rights for Illinois Employees
Illinois recently expanded bereavement leave rights for two groups of Illinois employees: (1) parents who lose a child to suicide or homicide, and (2) family members of those killed in a crime of violence.
Child Bereavement Leave for Suicide or Homicide
Illinois Adds Rights and Safety Protections for Day and Temporary Workers
Amendments to the Day and Temporary Labor Services Act mandate that day and temporary workers assigned to a third-party client for more than 90 calendar days be paid at least as much as the lowest paid directly hired comparator employee. Both the day and temporary labor service agency
Illinois Amends Family Bereavement Leave Act to Provide Extended Child Bereavement Leave
Illinois passed a new law that will extend the amount of unpaid leave that employees are entitled to for certain categories of child bereavement. The Child Extended Bereavement Leave Act (CEBLA), which was signed into law by Governor J.B. Pritzker on August 4, 2023 and will take effect on January