Legal News for Illinois Employers
|
|
Key Changes to the Illinois Human Rights Act Which Will Affect Employers
By Joseph H. Laverty, Esq.
|
The Illinois Department of Human Rights ("IDHR") is the agency that administers the Illinois Human Rights Act ("IHRA"), the state law that outlaws discrimination, harassment and retaliation by most employers in Illinois. The IDHR's federal counterpart is the Equal Employment Opportunity Commission ("EEOC"), which administers the federal laws preventing the same type of violations.
In 2018, a number of "employee friendly" amendments to the IHRA took place that will affect employers in the future.
These amendments significantly change the charge - filing process on the state level. Below is a brief outline of some of the amendments that have been implemented.
|
|
Contact Joe in our Davenport, IA office at (563) 333-9102 or by
email
|
|
Contact Walter in our Chicago, IL office at (312) 629-9300 or by
email
|
|
Can Illinois "Get It Right" for Business: Illinois Biometric Information Privacy Act
By Walter J. Liszka, Esq.
|
As Employers with operations within the State of Illinois are keenly aware, the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.) prohibits a business from collecting and/or capturing and/or otherwise obtaining a person's "Biometric Identifier" or "Biometric Information" unless it satisfies specific policy creation and notice and consent from the involved Employees to collect the information.
The current statute, passed in 2008, also provides a "private right of action" for any individual aggrieved by the negligent violation of the Biometric Information Privacy Act to recover liquidated damages of $1,000 or actual damages whichever is greater and if it is an intentional or reckless violation of the law, additional liquidated damages of $5,000 or actual damages, whichever is greater.
|
|
|
Contact Nancy in our St. Charles, IL office at (630) 377-1554 or by
email
|
|
Does Your Company Give Employees Personal Loans? Be Sure to Have Legal Wage Deduction Agreements!
By Nancy E. Joerg, Esq.
|
In Illinois,
deductions from paychecks must be done very carefully
. Illinois employers need to be aware of the tricky web of laws and regulations which often prevent the employer from simply deducting, unilaterally, from the employee's paycheck-even when the employer is merely paying the Company back for a loan taken out by the employee.
An employee's paycheck is sacred under the law
. Once an employer earns his/her pay, it is protected legally. Employers must treat it accordingly.
If an employer makes a "cash advance" to an employee in Illinois, there are strict rules under the law about how the employer can pay itself back.
|
|
|
Contact Walter in our Chicago, IL office at (312) 629-9300 or by
email
|
|
No Local "Right to Work"
By Walter J. Liszka, Esq.
|
As of Wednesday, April 3, 2019, the Illinois House gave final passage to a bill that has already cleared the Illinois Senate that would clearly establish that only State Government, not Local Government (i.e, city, village, municipality, etcetera), would have the exclusive authority to enact laws governing what are known as Union Security Agreements. These are Agreements between Employers and Unions that establish the extent to which workers can be compelled to belong to a Union and whether or not the Employer will collect dues and fees on behalf of the Union.
|
|
|
Contact Tony in our St. Charles, IL office at (630) 377-1554 or by
email
|
|
Alert: Pending Legislation in Illinois to Require Sexual Harassment Training in all Restaurant Employees
By Anthony J. Caruso, Jr., Esq.
|
On February 15, 2019, a proposed bill was introduced in the Illinois House by State Representative Ann M. Williams. This legislation is called the Restaurant Anti-Harassment Act. As of March 29, 2019, this bill is pending before the Rules Committee.
What would the Restaurant Anti-Harassment Act REQUIRE
?
- Restaurants would be required to have an Anti-Harassment Policy and Training Policy.
- All restaurant employees would have to be trained.
- Anti-Harassment Policy would have to clearly prohibit sexual harassment.
|
|
|
Joerg Speaks At Symposium on Gig Economy
|
Nancy Joerg was selected by Northern Illinois University’s Law Review to be a presenter at its 27th Annual Symposium on April 12, 2019: “Lyft-ing the Veil on a Worker’s Status in the Gig Economy.” Other presenters included law professors from a wide variety of law schools.
Panel topics included conflicts of law, jurisdictional issues in the “on-demand” economy, gig dependence, and protecting platform workers in the gig economy.
Joerg discussed how companies can improve their independent contractor relationships
. The panel included a keynote speaker from the Cato Institute in Washington, DC.
|
|
|
How to Handle Employees with Medical Issues to Protect your Company!
|
|
Thursday, April 18, 2019
2:00 - 3:00 pm
|
|
Clients worry how to respond when employees have
medical issues which interfere with their job performance
. What are the best practices employers should use? How can the Company
protect itself
? Sign up for this informative teleseminar presented by Nancy Joerg and Tony Caruso and learn how!
|
|
|
For only $75 a month you will have unlimited access to Wessels Sherman attorneys who can answer these and other employment law questions. Call for a "free trial" of a month or more!
|
|
Employment Law Questions?
Sign up for Wessels Sherman's Very Popular Telephone Program
We can help you solve these workplace issues and many more:
- Employee coming in late?
- ACA/ADA/FMLA questions?
- Can I deduct the cost for a uniform from employee pay?
- What new employee paperwork do I need?
- Accident at work?
- Do all these new laws apply to my company?
- Can I fire an employee and not be sued?
- Does our privacy policy cover internet use?
- Can my employees Tweet that?
- Employees sharing confidential information?
|
|
What Illinois Employers Need To Know About Terminations! And How To Protect The Company!
|
Join Attorneys Richard Wessels, Nancy Joerg, Joe Laverty and Tony Caruso for our
popular half day breakfast seminar
! Limited seating! Sign up right away!
In a lovely setting, learn about termination strategies and employment at will in Illinois; how to terminate employees on medical leave; how to document misconduct; and the use of settlement and release agreements to reduce risks in terminations.
|
|
Wednesday, October 23, 2019
8:00 a.m. to Noon
At the beautiful and historic Dunham Woods Riding Club, Wayne, Illinois
|
|
How to Handle Employees with Medical issues to Protect Your Company!
|
When: Thursday, April 18, 2019, 2-3 pm
Clients worry how to
respond when employees have medical issues
which interfere with their job performance. What are the best practices employers should use? How can the Company protect itself?
|
|
What Should (and Should Not) be in an Independent Contractor Agreement
|
When: Thursday, June 20, 2019, 2-3pm
A lot of money (and disruptions to your operations) can be at stake in legal challenges to independent contractor status! Learn more about the
best ways to lower your liability in using independent contractors
.
|
|
How to Use Severance & Release Agreements When Firing an Employee
|
When: Thursday, September 12, 2019, 2-3 pm
If a company is planning on terminating an employee whom the company feels may be litigious or may be a high-risk termination, then the company may want the employee to sign a severance and release agreement.
Giving an employee severance in exchange for the employee signing a release of all claims is an effective way a company can help avoid potential litigation
.
|
|
Employee Handbooks for Illinois Employers. What Policies to Include (and Why)!
|
When: Thursday, November 14, 2019, 2-3pm
Have you ever wondered
if your employee handbook is really up to date and complete
? Are you in the process of re-writing your handbook and you're not sure what you should, or should not, include? Join us to learn the true purpose of a handbook;
Illinois specific language to use
; what policies to leave out; how to treat employee benefits; and what handbooks should say about performance reviews and salary.
|
|
Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Minnesota, Wisconsin, and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected.
|
|
Editor-in-Chief: Nancy E. Joerg, Esq.
|
|
|
|
|
|
|
