Committee Updates 

The House has cancelled next week's session.  T he deadline to release House Bills from committees has been extended one week to Friday, May 22 nd .   This  move was widely expected.  Despite increasing calls by the GOP to return to legislating, it still appears that the last week of May would be the absolute earliest the General Assembly will return to Springfield.    

 

Gov. Pritzker Outlines Plan to Reopen Illinois

Since mid-March the nation has faced dueling disasters, a public health pandemic and an economic recession that threatens to turn worse. At the Illinois Chamber, we believe the Governor has done an admirable job with the public health crises but the economic crises  has  deepened largely unabated. Make no mistake, economic crises can have outcomes just as severe as the virus: substance abuse, domestic abuse and self-harm among them.  For a couple of weeks now, we have asked the Governor to provide a pathway to ease the economic devastation occurring in Illinois.  

On Tuesday, Governor Pritzker outlined his plan to reopen Illinois. The plan divides the state into four regions and lays out five phases towards a return to pre-coronavirus life. The entire state is currently in Phase II.  Each region can move independently into the next stage when certain public health benchmarks are obtained over a 28-day period. For example, the plan requires a downward trajectory of cases and positive tests over a 14-day period, but a decrease in hospital admissions for 28 days.  This 28-day benchmark is double the period used in New York, where the outbreak has been more severe, and longer than the timeline provided by some experts like Dr.  Fauci . Republicans, including Leader Brady, have been publicly critical of this extended timeline. 

Once a region has met the benchmarks over a 28-day period they move on to the next phase. For  all of  the state that would be Phase III which would feature the return of "nonessential" manufacturing, retail, childcare and corporate offices. Phase IV reopens schools, restaurant dining, personal care, health clubs and some entertainment venues.  Phase V is the final stage in which everything  is allowed to  fully reopen. 

While the Chamber is pleased the Governor has outlined a plan and provided some light at the end of the tunnel, we ask that he continue to evaluate the plan and adjust for conditions as they develop.  For example, if neighboring states like Indiana and Missouri which have adopted more aggressive reopening measures succeed, Illinois should follow suit sooner- our economy depends on it.   

 

The full plan can be found here:   https://coronavirus.illinois.gov/sfc/servlet.shepherd/document/download/069t000000BadS0AAJ?operationContext=S1  

 

7th Circuit Releases Major BIPA Decision  

On Tuesday, the 7 th  Circuit Court of Appeals released a major decision on standing in federal court for plaintiffs alleging violations of Illinois' broken BIPA law. The court ruled that plaintiffs without alleging mere procedural violations without actual harm can proceed in federal court.   The case is Christine Bryant v. Compass Group USA Inc. , No. 20-1443 . In  preventing an  employee  the opportunity to give informed consent, the Court felt harm was done sufficient to provide standing to the plaintiff.  This is  similar to  the standard of the 9 th  Circuit in the west coast and differs from the standard of the 2 nd  Circuit. This may be a case for the US Supreme Court. Stay tuned for updates.   

• The defenses employers are relying upon to try to defeat the claims altogether, including arguments that the claims are preempted by the Labor Management Relations Act, the National Labor Relations Act, and the Illinois Workers' Compensation Act, among other defenses   

• Key recent court opinions interpreting BIPA, including what a  plantiff  must allege to proceed in state and federal court, and the time period for  plantiffs  to bring suit   
• Area of anticipated litigation, including regarding whether these cases will be decided in state or federal court, the calculation of damages, and the award of attorneys' fees for a prevailing party   
• Considerations for employers when getting into compliance with BIPA   

• Phasing in essential workers, the latest guidance from local, state and federal government 
• Checking temps at the door