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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
“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
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
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