Showing 20 posts in Illinois.

Federal Court Blocks Illinois Equal Pay Amendment: What Employers and Staffing Agencies Need to Know

March 27, 2024 by Fernando H. Silva

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor Services Act (the "Act"). More ›

Amendments to Illinois Law Make Using Criminal Convictions in Employment Decisions a Civil Rights Violation, Outlines New Equal Pay Reporting Requirements

March 31, 2021 by Hinshaw & Culbertson LLP

Illinois Governor J.B. Pritzker signed SB 1480 into law on March 23, 2021. Effective immediately, the law significantly amends the Illinois Human Rights Act (IHRA), Illinois Equal Pay Act (IEPA), and the Illinois Business Corporation Act. The amendments affect employers' ability to use criminal conviction records in employment decisions and imposes new reporting requirements regarding pay equity. More ›

New Illinois House Bill Would Significantly Limit the Use of Restrictive Covenants in Employment Contracts

January 22, 2021 by Marcos Reilly

On January 8, 2021, a bill, HB 789 was introduced in the Illinois House that, if passed, will significantly change the treatment of restrictive covenants in the employment context. The new law would require employers to review their form contracts and modify their procedures for signing restrictive covenants. In some instances, it would forbid the use of such covenants. The bill—which would amend the existing Illinois Freedom to Work Act—is likely to pass in some form; if passed, HB 789 would go into effect on June 1, 2021. More ›

Model Sexual Harassment Prevention Training Program Released for Illinois Employers

May 12, 2020 by Linda K. Horras

According to the Illinois Workplace Transparency Act (IWTA), Illinois employers with at least one employee working in Illinois must provide annual sexual harassment training. Effective January 1, 2020, IWTA amended the Illinois Human Rights Act (IHRA) to require that training must commence before December 31, 2020, and occur every calendar year. The Illinois Department of Human Rights (IDHR) recently released a model training program for Illinois employers. To date, the new training requirements have not been affected by the shelter-in-place orders. More ›

State of Illinois Prohibits Employers from Using Salary History in Hiring Process

August 20, 2019 by Linda K. Horras

On July 31, 2019, Illinois joined a growing list of state and local governments that have banned employers from using salary history in the hiring process. For those keeping count, there are now 18 state bans and 18 municipal bans nationwide. Illinois adopted its salary history ban through an amendment of the Illinois Equal Pay Act of 2003. Once the ban goes into effect, Illinois employers, employment agencies, and staff will be prohibited from seeking salary history information from a job candidate or her past employer. The main purpose of these bans is to bridge the wage gap between men and women doing the same or similar jobs. Many believe salary history information is used to perpetuate the long-running salary differences between the sexes, because employers have historically set starting salaries based on last reported wages by the applicant. The ban brings significant changes for employers, so it is likely that litigation in this area will increase. Fortunately, there are proactive steps employers can take to prepare for the ban, which goes into effect September 29, 2019. More ›

In a Win for Labor Unions, Illinois Governor Pritzker Signs Bill Prohibiting Municipalities from Establishing Right-to-Work Zones

April 16, 2019 by Tom H. Luetkemeyer

Illinois Governor J.B. Pritzker recently signed into law the Collective Bargaining Freedom Act, formally ending an initiative of former Illinois Governor Bruce Rauner. Effective as of April 12, 2019, the new law limits the ability of municipalities, counties, villages, and taxing districts to enact "right-to-work zones" which prevent employers and unions who work within the zones from executing, implementing, and enforcing union security provisions. More ›

Minimum Wage in Illinois Set to Nearly Double by 2025

February 20, 2019 by Hinshaw & Culbertson LLP

Employers in Illinois will be dealing with double digit minimum wage increases over the next several years, after Illinois Governor JB Pritzker signed "The Lifting Up Illinois Working Families Act" into law. More ›

Following Supreme Court Decision, It's High Time for Illinois Employers to Review Workplace Biometric Privacy Issues

January 29, 2019 by Ambrose V. McCall

With the Illinois Supreme Court unanimously ruling that employees need not plead or prove a traditional injury or adverse harm in order to prosecute a claim under the Illinois Biometric Information Privacy Act (BIPA) (see, Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Jan. 25, 2019)), the time is now for Illinois employers to review their workplace policies for biometric privacy issues. More ›

Attention All Employers! Illinois Revises its Military Leave Laws

January 1, 2019 by Hinshaw & Culbertson LLP

This summer, Illinois passed the Illinois Service Member Employment and Reemployment Rights Act (ISERRA). This law is effective January 1, 2019. The new ISERRA explicitly incorporates the federal Uniform Services Employment and Reemployment Rights Act (USERRA) for its basic protections, case law, and regulations. This post hopefully will serve as a USERRA refresher as well as a summary of the new ISERRA obligations. More ›

Amendments to Illinois Human Rights Act Allows Claimants to Bypass IDHR and Extend Filing Deadline

September 6, 2018 by Linda K. Horras

Late last month, the Illinois Human Rights Act was amended to provide a new judicial option for complainants and a longer charge filing period. Complainants now have the right to opt out of the Illinois Department of Human Rights ("IDHR") investigative process and request a right to sue. From there, they can take their claims directly into court. The time for filing charges has also been expanded from 180 days to 300 days. These changes align the Illinois Human Rights Act with federal statutes such as Title VII that provide complaining parties both with the right to forego investigation and a longer filing period. More ›

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