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Amendment to Illinois’ Marijuana Law and Its Affect on Employers

Governor Pritzker has signed an amendment to Illinois’ Cannabis Regulation and Tax Act (the new recreational marijuana law), and – in so doing – has effectively expanded employers’ rights to drug test and discipline for marijuana use. First, public employers may now prohibit/discipline officers, paramedics, and firefighters from/for using and possessing marijuana when they are […]

Posted in: Attorney News, Nicole D. Meyer
Illinois Legislative Changes

SB1480 Amends Human Rights Act, Equal Pay Act and Business Corporation Act Signed into law on March 23, 2021 Amendment of Human Rights Act Creates new employment offense, discrimination on the basis of criminal conviction, 775 ILCS § 5/2-103.1 Criminal conviction includes felony, misdemeanor or other criminal offense, including sentences of imprisonment, fine, probation, and/or […]

Posted in: Firm News
New Chicago Law Requires “Bystander” Training in Sexual Harrassment Policies for Chicago Employers

In April of 2022, Mayor Lightfoot and the Commission on Human Rights amended the City’s sexual harassment laws to make them stronger and to uphold zero tolerance of violence and harassment in the workplace. The Chicago Commission on Human Rights has begun enforcing this new ordinance which requires, among other things, that every Chicago employee must receive a dedicated hour of bystander sexual harassment training annually. While New York City had enacted requirements for sexual harassment prevention training, which included bystander training, Chicago’s law differs in that it requires a full, separate hour of bystander training for covered employees. As such, Chicago is the first jurisdiction to require this type of training on its own. Employers have until June 30, 2023, to begin providing this training.

Posted in: Attorney News, Firm News, Gaetano Urgo
NLRB Clarifies Bargaining Obligations Under OSHA’s ETS

On November 5, 2021, OSHA issued an Emergency Temporary Standard (“ETS”) to protect workers from COVID-19. The ETS covers employers with 100 or more employees and requires covered employers to develop, implement, and enforce a mandatory COVID-19 vaccination policy unless the employer adopts a policy requiring employees to choose either to be vaccinated or undergo […]

Posted in: Attorney News, Firm News, Gaetano Urgo
Work Authorization Win for Derivative Beneficiaries – Shergill Settlement to Change H-4 and L-2 EAD Requirements

Depending on class of admission, certain noncitizens may be authorized to work in the United States, pursuant to nonimmigrant visa status. Spouses of L-1A and H-1B visa holders are considered “derivative beneficiaries” and their status runs concurrently to the status of the primary beneficiary spouse.  By statute, L-2 spouses are authorized for employment incident to […]

Posted in: Attorney News, Carli L. Smith, Firm News
Cannabis Clean Up Tour with Peoria Chamber of Commerce

On February 11, 2020, Attorneys Rick Russo and Nicole Meyer will present on the amendment to the Illinois marijuana bill and its effect on employers, medical marijuana/reasonable accommodations, and how the legalization of marijuana may affect workers compensation matters for the Peoria Chamber of Commerce at the Hult Center for Healthy Living.

Posted in: Events, Nicole D. Meyer, Richard A. Russo
Illinois Statutory Law Changes with Decatur Area SHRM

On February 11, 2020, Attorney David Lubben will present on Illinois Statutory Law Changes at the monthly meeting of the Decatur Area SHRM.

Posted in: David G. Lubben, Events
Policies on Marijuana, Drug Testing, and Reasonable Accommodations – AAIM’s Employment Law Series 2020

On February 19, 2020, Attorney Nicole Meyer will present “Policies on Marijuana, Drug Testing, and Reasonable Accommodations.”  Topics covered will include: What options are available to employers for use of marijuana? What are the risks associated with different drug testing programs? Do employers have to accommodate the use of medical marijuana as a reasonable accommodation?

Posted in: Events, Nicole D. Meyer
Cannabis Clean Up Tour with DePaul University College of Law

On February 20, 2020, Attorney Nicole Meyer will present on Policies on Marijuana, Drug Testing, and Reasonable Accommodations and Workers Compensation at DePaul University College of Law (CLE provided).

Posted in: Events, Nicole D. Meyer
Bloomington/Normal Human Resource Council Annual Law Update

Several attorneys will be presenting at the Bloomington/Normal Human Resource Council’s annual law update on Tuesday, February 25, 2020 at The Chateau in Bloomington.

Posted in: Events
National Business Institute “Human Resource Law Boot Camp”

Attorney Braskich, Lubben, Clark and Meyer will be presenting at this all day seminar on March 4, 2020 at the Peoria Marriott Pere Marquette. Topics covered will include: FLSA Essentials; Using Handbooks to Protect Against Legal Liabilities; Hiring and Firing, Legal Do’s and Don’ts for Crucial HR Functions; Social Media Policies; HIPAA Best Practices for HR; Drug […]

Posted in: Events
Wage & Hour Laws – AAIM’s Employment Law Series 2020

On March 18, 2020, Attorneys Rick Russo and Jay Scholl will present on “Wage & Hour Laws.” Topics covered will include: What are the new federal minimum salary requirement? What is “compensable” work time, including for meal breaks? What are the minimum wage requirements and what are options for managing wage expenses? What wage deductions […]

Posted in: Events, Jay H. Scholl, Richard A. Russo
Bradley University OLLI Study Group

On April 1, 2020, Attorney Nicole Meyer is leading an OLLI study group on the new recreational marijuana law and its implications for employers and businesses on Bradley’s campus.

Posted in: Events, Nicole D. Meyer
The Workplace Transparency Act and Employment Agreements – AAIM’s Employment Law Series 2020

On April 15, 2020, Attorney Paul Burmeister will present “The Workplace Transparency Act and Employment Agreements”.  Topics covered will include: Non-solicitation, non-competition, and anti-raiding terms courts will enforce; Trade secret protections for employers and required language and notices; New restrictions on confidentiality, arbitration, and severance agreements.

Posted in: Events, Paul H. Burmeister
Cannabis Clean Up Tour – Central Illinois Chapter of the Insurance Accounting & Systems Association

On April 23, 2020, Attorney Nicole Meyer will present on the new recreational marijuana legislation and its impact on business and insurance for the Central Illinois Chapter of the Insurance Accounting & Systems Association Conference at Eastland Suites Hotel & Conference Center, Bloomington, Illinois.

Posted in: Events, Nicole D. Meyer
Investigating Employee Complaints and Disciplinary Decisions – AAIM’s Employment Law Series 2020

On May 20, 2020, Attorney Abby Clark will present “Investigating Employee Complaints and Disciplinary Decisions.”  Topics covered will include: elements of an effective and legal harassment policy; conducting thorough investigations and documenting; confidentiality in the Investigation process; employee complaints and union organizing; and best practices for disciplinary actions.

Posted in: Abby J. Clark, Events
What You Need to Know about Immigration – AAIM’s Employment Law Series 2020

On June 17, 2020 Attorney Lubben will be presenting “What you Need to Know about Immigration”.  Topics covered will include: Basics on Visa Programs; I-9 Preparation, Review, Correction and Preservation; ICE Audits for I-9 Compliance & Post-Audit Notices; Worksite raids and detention of employees; What to do when you get an SSA no match letter.

Posted in: David G. Lubben, Events
Avoiding Common Benefits Issues – AAIM’s Employment Law Series 2020

On July 15, 2020, Attorney Michael Rayfield will present “Avoiding Common Benefits Issues.”  Topics covered will include: are HR Professionals fiduciaries under ERISA?; Are employee contributions being timely transferred to a 401(k) Plan?  Do employer eligibility provisions comply with federal law?  Are employees on unpaid leave eligible for benefits under the ACA?  What benefits are […]

Posted in: Events, Michael R. Rayfield
Managing Absenteeism, Accommodation and Leave Issues – AAIM’s Employment Law Series 2020

On August 19, 2020, Attorney David Lubben will present “Managing Absenteeism, Accommodation and Leave Issues.”  Topics covered will include: the importance of clarifying attendance policies and time tracking procedures; legally protected leave, including leave under the FMLA and USERRA; leave as an accommodation for disabling conditions, pregnancy, religious practices, and domestic violence victims; identifying and […]

Posted in: David G. Lubben, Events
The NLRB Strikes Back – AAIM’s Employment Law Series 2020

On September 23, 2020, Attorney Keith Braskich will present “The NLRB Strikes Back.”  Topics covered will include: lawful and unlawful company policies: which employees can be organized; understanding the difference between protected and unprotected activities; remaining union free- best practices.

Posted in: Events, Keith J. Braskich
Preparing Effective Handbooks – AAIM’s Employment Law Series 2020

On October 21, 2020, Attorney Abby Clark will present on “Preparing Effective Handbooks.”  Topics covered will include: is your handbook an employment contract?; laws that impact handbooks; what every handbook should (and shouldn’t!) include; handbook best practices; and keeping your handbook fresh, relevant and accurate.

Posted in: Abby J. Clark, Events
Safe Selection – Reducing Your Hiring Risk – AAIM’s Employment Law Series 2020

On November 18, 2020, Attorneys Rick Russo and Jay Scholl will present “Safe Selection: Reducing Your Hiring Risk.”  Topics covered will include: pre-hire testing and assessments; what you cannot and should not ask on job application forms; new restrictions on use of artificial intelligence in the interviewing process; online application processes, advertising openings; and conducting […]

Posted in: Events, Jay H. Scholl, Richard A. Russo
Updates on Legislation, Regulations, and/or Court Cases Related to Healthcare and Benefit Administration

Date: Thursday, November 19, 2020Time: 11:15 am – 12 noon Join David G. Lubben, Partner and Michael Rayfield, Associate with Davis & Campbell, LLC for a webinar on: Vesting of qualified retirement plans upon partial plan termination Participant loans and hardship distribution of 401K plans ESBA guidance and relief for benefits plans and COBRA administration […]

Posted in: David G. Lubben, Events, Michael R. Rayfield
Employment Law Overview – AAIM’s Employment Law Series 2020

On December 16, 2020, a panel of Davis & Campbell attorneys will present “Employment Law Overview.”  This will be a panel discussion providing information needed to understand the wide range of Federal, State, and local laws that require your consideration.

Posted in: Events
“Free Rider” Argument Fails: Without Union Dues, Public Unions Remain Exclusive Representatives of Public Employees

The U.S. District Court for the Northern District of Illinois has ruled that the Supreme Court’s decision in Janus v. AFSCME, Council 31 does not relieve public unions of their obligations to serve as the exclusive representative of public employees. Public unions must continue to represent all employees, union members or not, “fairly, equitably, and […]

Posted in: Attorney News, Christopher J. Jump, Firm News
7th Circuit Appellate Panel Rules Americans with Disabilities Act Doesn’t Cover Future Ailments

On October 29, 2019, a panel for the Seventh Circuit reversed the lower court’s decision denying Burlington Northern Santa Fe Railway Company’s (“BNSF”) motion for summary judgment holding that the Americans with Disabilities Act (“ADA”) only protects discrimination against current ailments, not ones that may later evolve due to an individual’s weight. Shell v. Burlington […]

Posted in: Firm News
Cannabis Business Seminar with Peoria Chamber of Commerce

Let Us Be Blunt.  Establishing a Cannabis Business is not for the Fried. Attorneys of Davis & Campbell will be presenting for our November Member Seminar.  During this presentation we will: Extract important information on applying for a cannabis business license Concentrate on the illegality of cannabis under federal law and potential implications for cannabis […]

Posted in: Events
After Three Changed Positions and Nearly 20 Years, the National Labor Relations Board is Exempting Graduate/Teaching Student Assistants from the National Labor Relations Act

New Board, New Rule On September 20, 2019, the National Labor Relations Board announced that it will establish a regulation exempting student graduate assistants, teaching assistants, research assistants, and other similar positions from the definition of an employee under the National Labor Relations Act. The proposed rule was posted in the Federal Register on September […]

Posted in: Attorney News, Nicole D. Meyer, Paul H. Burmeister, Publications
Illinois Legislative Changes

Workplace Transparency Act Goes into effect on January 1, 2020. States that any employment agreement that has the purpose of preventing an applicant or employee from making truthful statements about alleged unlawful employment practices (i.e., discrimination and harassment) is against public policy, void to the extent it prevents these statements, and severable from an otherwise […]

Posted in: Firm News
DAZED and CONFUSED: Employer Concerns Due to Passage of Illinois’ Recreational Marijuana Legislation

Nicole D. Meyer, Esq. Davis & Campbell, L.L.C. ndmeyer@dcamplaw.com On June 25, 2019, Governor J.B. Pritzker signed legislation making Illinois the 11th state to approve marijuana for recreational use for individuals age 21 and older.  Governor Pritzker argues that the Cannabis Regulation and Tax Act (“CRTA”), set to go into effect on January 1, 2020, […]

Posted in: Attorney News, Firm News, Nicole D. Meyer, Publications
Peoria Employment Lawyer Fights to Defend Business

J. Reed Roesler was featured in Leading Lawyers Magazine, a publication that for years has recognized his experience and depth of legal knowledge in the areas of management-side labor and employment law. Click here to read the article »

Posted in: J. Reed Roesler, Publications
Fingerprint Scans and Other Biometric Data Used by Employers May Prove Costly

On May 31, 2018, a federal judge in Chicago refused to dismiss allegations that an employer and its time-keeping equipment supplier violated the Illinois Biometric Information Privacy Act (“BIPA”). In part, BIPA requires private entities in possession of biometric information — including retina or iris scans, fingerprints, voiceprints, or scans of hand or face geometry — […]

Posted in: Attorney News, Firm News, Jay H. Scholl
Supreme Court Gives Green Light on Employer Arbitration Contracts That Prohibit Class Actions

On May 21, 2018, the United States Supreme Court decided Epic Systems Corp. v. Lewis, ruling that companies can draft employment contracts to include arbitration clauses that bar employees from joining together in court and taking legal action concerning workplace issues. For thousands of companies, this decision means they can continue to require arbitration agreements […]

Posted in: Attorney News, Firm News, Nicole D. Meyer
Retroactive Application of Boeing Co. Leaves Employer Grounded in Employment Policy ULP

Recent changes at the National Labor Relations Board gave employers hope that some Obama-era regulations and rulings would be loosened. However, despite some favorable rulings, the recent decision in Nicholson Terminal & Dock Co. demonstrates it will take time for the Board’s new rulings to roll down to the Administrative Law Judge level. In reviewing […]

Posted in: Attorney News, Firm News, Paul H. Burmeister
November 2017

On November 2nd, Derek A. Schryer and Jeff. J. Huzenga will be at Estate Planning Council of Central Illinois, speaking on the topic of Strategies Involving IRA and Retirement Plan Beneficiary Designations. View More

Posted in: Attorney News, Derek A. Schryer
September 2017

Attorney Derek A Schryer spoke at ERISA – Common Mistakes Made By Employers in Designing/Administering Employee Benefit Plans on September 12th during a luncheon. He discussed avoiding common errors in the design and administration of benefit plans. Other topics of discussion were: ACA requirements, ERISA preemption rules, caution in regards to reactive changes to health […]

Posted in: Attorney News, Derek A. Schryer
The Employee Right to be Disloyal

J. Reed Roesler published “The Employee Right to be Disloyal” in AAIM/EA Connections Quarterly (Spring 2015) Click here to read the article »

Posted in: J. Reed Roesler, Publications
Wage and Hour Issues Associated with Internships

February 11, 2015 — Abby Clark will present on wage and hour issues associated with internships at the ILLINOIS Career Services Council in Champaign-Urbana.

Posted in: Events
Avoiding Pitfalls in Your Financial Planning

October 16, 2014 at Embassy Suites East Peoria — Derek Schryer will present on wills, trusts, and estate planning at “Avoiding Pitfalls in Your Financial Planning,” in conjunction with The Commerce Trust Company, The Salvation Army, and Laurus Strategies.  Hors d’oeuvres will be served at 5:30 p.m. with the panel discussion to follow at 6 […]

Posted in: Derek A. Schryer, Events
Words Matter: Employer Assessments of Employee Mental Health Conditions

J. Reed Roesler published “Words Matter: Employer Assessments of Employee Mental Health Conditions” in AAIM/EA Connections Quarterly (Spring 2014). Click here to read the article »

Posted in: J. Reed Roesler, Publications
December 18, 2013

Davis & Campbell attorneys will present “Employment Law Overview: A Panel Discussion” for the AAIM Employer’s Association.  The format of this session will be a panel discussion to provide attendees with information needed to understand the wide range of federal, state, and local laws that require employers’ consideration.  Topics also will include personnel practices, recordkeeping, […]

Posted in: Events, J. Reed Roesler
December 11, 2013

Keith Braskich will be a featured presenter at the Lorman Education Services’ Employment Law Update.  Keith’s discussion will focus on “Documentation — Do Your Practices Help or Hurt?”  Contact Keith for more information or to register for the seminar.

Posted in: Events, Keith J. Braskich
November 20, 2013

Keith Braskich will present “The Discipline and Discharge Process” for the AAIM Employer’s Association.  Topics will include investigating and documenting disciplinary and performance issues, when immediate termination is warranted, and best practices for the discharge process.  Contact Keith for more information or to register for the program.

Posted in: Events
October 10, 2013

Abby Clark will present “Diversity in the Workplace” for the Macomb Chapter of the Society for Human Resource Management (SHRM).

Posted in: Events
October 8, 2013

Rick Russo and Kevin Shields are featured speakers at the Decatur Area SHRM Chapter’s Annual Human Resources Conference.  Rick will present “Hostile Work Environment in All Its Forms,” which will cover a variety of potentially hostile environments and provide insight on steps employers can take to prevent and respond appropriately to these issues.  Kevin will […]

Posted in: Events
Please Check Your Guns at the Door: Employer Rights under the Illinois Firearm Concealed Carry Act

Rick Russo published “Please Check Your Guns at the Door: Employer Rights under the Illinois Firearm Concealed Carry Act” in InterBusiness Issues Magazines (September 2013). Click here to read the article »

Posted in: Publications, Richard A. Russo
September 26, 2013

Abby Clark will present “Developments in Management Labor & Employment Law” for the Illinois Association of Wastewater Agencies’ Annual Meeting in Galena, Illinois.

Posted in: Events
September 18, 2013

Keith Braskich is presenting a program on “Employee Discipline and Termination” for the National Business Institute at its “Human Resource Law: What You Need to Know Now” seminar in Springfield, Illinois.  Topics will include proper discipline and firing procedures to avoid wrongful termination and retaliatory discharge claims.  Contact Keith for more information or to register […]

Posted in: Events