Client Alerts
September 2017
Illinois Courts Weigh in on Social Media and Restrictive Covenants, and Unpaid Overtime
An appellate court recently decided the first case in Illinois interpreting the extent to which social media use could be the basis for breaching a non-solicitation agreement. In addition, a federal appellate court recently decided a case, involving a claim for unpaid overtime for work an employer did not know was performed. Both cases highlight the importance of clear employment policies and agreements to head off potential legal issues. Read More.
January 2017
New Laws Affect Illinois Employers in 2017
Various new laws become effective in 2017, relating to employee sick leave and social media accounts. Read More.
September 2016
Illinois Enacts Law Banning Non-Compete Agreements with Low Wage Workers
On August 19, 2016, Governor Bruce Rauner signed the Illinois Freedom to Work Act into law. The new law declares non-compete agreements with low-wage workers illegal and void, and takes effect January 1, 2017. Read More.
June 2016
US Department of Labor Issues Final OT Rule
On May 18, 2016, the U.S. Department of Labor issued its much-anticipated new Rule, expanding overtime regulations. The new Rule is effective December 1, 2016, and will significantly expand the number of employees, who must be paid overtime. Read More.
May 2016
Congress Passes Federal Trade Secret Law
On April 27, 2016, the U.S. House of Representatives approved passage of the Defend Trade Secrets Act of 2016. The measure, which has already been approved by the Senate, will be signed by the President and creates the first expansion of trade secret law in 30 years. Read More.
August 2015
US Department of Labor Makes Important Administrative Pronouncements
On July 6, 2015, the U.S. Department of Labor issued proposed regulations that could have a sweeping effect on the number of employees entitled to overtime pay. In addition, on July 15, 2015, the Department issued an Administrator's Interpretation, stating that most independent contractors are actually employees under the Fair Labor Standards Act. Read More.
February 2015
Federal Court Rejects Bright Line Standard for Enforcing Non-Competes
The U.S. District Court for the Northern District of Illinois recently decided a case that continues to muddy the waters on an important legal issue facing employers. Read More.
November 2014
Illinois Department of Labor Quietly Makes Changes to Wage Regulations
On August 22, 2014, the Illinois Department of Labor revised the regulations implementing the Illinois Wage Payment and Collection Act ("the Wage Act"). It did so without so much as a press release or other customary announcement. Read More.
September 2014
New Illinois Law Extends Additional Workplace Protections to Pregnant Women
On August 26, 2014, Governor Pat Quinn signed into law a bill that amends the Illinois Human Rights Act to provide new protections for pregnant workers and job applicants. The new law takes effect January 1, 2015, and applies to all Illinois employers. Read More.
August 2014
Illinois Enacts Law Banning Employers From Inquiring About Criminal History
On July 21, 2014, Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act. The new law prohibits employers from asking about most job applicants' prior criminal history, and takes effect January 1, 2015. Read More.
January 2014
Illinois Amends Law Banning Employers from Requesting Facebook, Twitter, or Other Social Media Passwords
Effective January 1, 2014, an employer may now obtain log-in information for professional social networking accounts. Read More.
July 2013
Illinois Appellate Court Reinterprets Requirement for Enforceable Restrictive Covenants
An Illinois Appellate Court recently issued an opinion, affecting a key requirement to enforce non-compete and non-solicitation agreements. The decision affects all employers in Chicago and Cook County seeking to protect their business assets through these important tools. Read More.
June 2013
United States Supreme Court Clarifies Definition of Supervisor in Title VII Cases
The U.S. Supreme Court recently issued a ruling that explains who qualifies as a supervisor under Title VII. The decision gives employers a clear, workable definition, which will help defend and prevent claims of workplace discrimination. Read More.
June 2013
United States Supreme Court Raises Bar Facing Plaintiffs in Retaliation Cases
The U.S. Supreme Court recently issued a ruling that establishes an important standard to be applied in cases of retaliation under Title VII. The case continues the Supreme Court's trend, requiring higher standards of proof in most discrimination cases. Read More.
January 2013
Federal Court Distinguishes Agreement From Contract in Wage Payment Suit.
The U.S. District Court for the Northern District of Illinois recently decided a case expanding employers' potential liability under the Illinois Wage Payment and Collection Act. Read More.
November 2012
Fired for Facebook Posting - That's Only Part of the Story
The National Labor Relations Board (NLRB) recently issued its first ruling on the role of Facebook posts in termination decisions. The decision's real significance, however, lies in the NLRB's continued expansion of rules that historically governed union workforces to all workplaces. Read More.
October 2012
Like it or Not, Your Social Media Policy is Probably Out of Date.
The National Labor Relations Board (NLRB) recently issued its first social media ruling, striking down Costco's social media policy. The decision illustrates the applicability of traditional labor law to common employment policies. Read More.
August 2012
Illinois Enacts Law Banning Employers from Requesting Facebook, Twitter, or Other Social Media Passwords
On August 1, 2012, Governor Pat Quinn signed into law an amendment to the Right to Privacy in the Workplace Act. The new law prohibits employers from seeking social media log-in information from current and prospective employees, and takes effect January 1, 2013. Read More.
June 2012
Federal Appellate Court Extends Theory of Liability to Individuals in Retaliation Cases
The U.S. Court of Appeals for the Seventh Circuit recently extended "Cat's Paw" liability to management and human resource employees in certain cases brought under a law prohibiting retaliation in the workplace based on race. Read More.
December 2011
Illinois Supreme Court Clarifies Requirements for Enforcing Non-Compete Agreements in Illinois
The Illinois Supreme Court recently issued a ruling, broadening the enforceability of non-compete agreements. Read More.
September 2011
Federal Court Assesses Significant Penalties Against Corporate Officers for Misclassifying Workers as Independent Contractors
The U.S. District Court for the Northern District of Illinois recently entered a $200,000 judgment against an Illinois business and its officers for failing to pay overtime to misclassified workers. Read More.
August 2011
Federal Appeals Court Rejects Defense in Racial Discrimination Case
The U.S. Court of Appeals for the Seventh Circuit recently ruled that an employer cannot escape liability under Title VII for racial discrimination by pointing to evidence that it treated other minority employees favorably. Read More.
May 2011
United States Supreme Court Embraces Expanded Theory of Liability in Employment Discrimination Cases
The U.S. Supreme Court recently held that employers can be liable for discrimination based on a "Cat's Paw" theory of liability. The decision gives employees additional grounds for asserting discrimination, and presents new challenges for employers. Read More.
March 2011
EEOC Issues New ADA Regulations on Expanded Definition of Disability
On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) issued new rules interpretting the ADA Amendments Act of 2008 (the Act). The new regulations take effect on May 24, 2011. Read More.
December 2010
Federal Court Finds Wrongly-Classified Independent Contractor Entitled to Overtime Pay
A federal magistrate judge recently found a worker entitled to years of unpaid overtime after deciding he was not an independent contractor, as claimed by his former employer. The case demonstrates the potential pitfalls of misclassifying workers. Read More.
November 2010
NLRB to Impose new Interest Penalties in Back Pay Claims
In a recent decision, the National Labor Relations Board (NLRB) stated that it will begin imposing compound daily interest for back pay awards. The ruling underscores the importance of making proper disciplinary decisions to employers with union workers. Read More.
September 2010
New Illinois Law Restricts Employers' Use of Credit Information
On August 10, 2010, Governor Pat Quinn signed into law the Employee Credit Privacy Act (the Act). The new law takes effect January 1, 2011, and with a few exceptions, applies to employers of any size. Read More.
August 2010
New Illinois Law Increases Penalties for Unpaid Wages
On July 30, 2010, Governor Pat Quinn signed into law the Wage Theft Enforcement Act, which amends parts of the Illinois Wage Payment and Collection Act (the Wage Payment Act). The new law takes effect January 1, 2011, and will affect all Illinois employers. Read More.
June 2010
Illinois Appellate Court Refuses to Extend Period of Non-Compete Agreement
In a recent decision, an Illinois Appellate Court refused to extend the period of a non-compete agreement after it was breached by former employees. The decision illustrates the importance of properly drafting these key agreements. Read More.
May 2010
Federal Appeals Court Extends Supreme Court Ruling to Cases Under the ADA
The U.S. Court of Appeals for the Seventh Circuit recently decided a case involving mixed-motive under the Americans with Disabilities Act (the ADA). Relying on a prior U.S. Supreme Court case, it ruled that such cases are not allowed under the ADA, and a plaintiff is required to prove that a disability was the determining factor in an employer's action. Read More.
March 2010
Federal Court Rules on Issue of First Impression Under FMLA
The U.S. District Court for the Northern District of Illinois recently found against an employer that required its employees to furnish medical excuses for each absence they took under the Family and Medical Leave Act (the FMLA). Read More.
December 2009
Illinois Appellate Court Finds that Employee is not Entitled to Share of Annual Performance Bonus Upon Termination
An Illinois Appellate Court recently decided a case, involving an employee's right to receive part of an annual performance bonus after separation under the Illinois Wage Payment & Collection Act. Understanding the decison's clear guidelines will help employers reduce their exposure to potentially costly wage claims. Read More.
October 2009
Illinois Appellate Court Makes it Easier to Enforce Non-Compete Agreements
An Illinois Appellate Court recently decided a case that potentially reshapes the landscape of non-compete law. For the time being, the opinion eliminates a key hurdle in certain areas of the state to enforcing non-compete agreements. Read More.
August 2009
United States Supreme Court Sides with Employers in ADEA Decision
The U.S. Supreme Court recently held that plaintiffs in disparate treatment cases under the Age Discrimination in Employment Act (ADEA) must prove that an employer acted solely because of their age. The decision clarifies that ADEA claims cannot be based merely on proof that age was a motivating or substantial factor, and is a victory for employers. Read More.
June, 2009
Illinois Appellate Court Upholds Right of Employers to Utilize Furlough Programs
In a recent decision, an Illinois Appellate Court held that an employer-instituted furlough program did not run afoul of the Illinois Minimum Wage Law. The decision affords employers an invaluable tool that allows cost-savings, while preventing unwanted layoffs. However, it also provides strict guidance, concerning implementation of furloughs that all employers should heed. Read More.
April, 2009
Illinois Supreme Court Holds Employers Strictly Liable for Sexual Harassment by Supervisory Employees
In a recent decision, the Illinois Supreme Court declared that employers are subject to strict liability for harassing conduct by management and supervisory employees, even if they had no direct authority over the complainant. The decision is a significant departure from federal law, and marks a substantial expansion of potential liability for employers. Read More.
March, 2009
Illinois Supreme Court Allows Employees to Pursue Federal Discrimination Claims in State Court
The Illinois Supreme Court recently held that the Illinois Human Rights Act does not bar employees from filing lawsuits under federal civil rights laws directly in State courts. The decision overturns 20 years of cases, and means that employees will have greater litigation options, and could require employers to defend cases in multiple, and potentially less favorable, venues. Read More.
February, 2009
President Obama Signs the Lilly Ledbetter Fair Pay Act
On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009 (the Act). The new law amends various federal statutes, and extends the time period within which pay discrimination cases can be filed. Along with invariably resulting in increased litigation, the Act also raises new and unique challenges for employers. Read More.
November, 2008
DOL promulgates new FMLA Regulations
The U.S. Department of Labor recently issued new regulations, implementing the Family and Medical Leave Act (FMLA). The new rules are the first significant changes to the FMLA regulatory scheme in over ten years, and will affect every employer subject to the law. The regulations take effect January 16, 2009. Read More.
October, 2008
Changes to Americans with Disabilities Act (ADA) Greatly Expand Coverage
On September 25, 2008, President Bush signed a bill into law that amends the Americans with Disabilities Act of 1990 (the ADA), and makes significant changes to the definition of the term "disabled." The practical effect of the changes is that more individuals will qualify for coverage, more will seek accommodations, and there will be a likely increase in litigation. The new law becomes effective on January 1, 2009. Read More.
September, 2008
OSHA Proposes New Personal Protective Equipment (PPE) Rule to Expand Penalties
The Occupational Safety and Health Administration (OSHA) recently proposed a new rule that could greatly increase penalties that employers face under the agency's personal protective equipment (PPE) standards in areas including general industry and construction. The proposed rule would allow OSHA to assess separate penalties for PPE violations on a per-employee basis. Read More.
New York Becomes Latest State to Enact WARN Legislation
In August 2008, New York joined a growing list of states that have enacted legislation, mirroring the federal Worker Adjustment and Retraining Notification Act (WARN). The new law becomes effective on February 1, 2009, and will apply to private employers with more than 50 employees. Read More.
July, 2008
United States Supreme Court Continues Trend of Pro-Employee Decisions.
The U.S. Supreme Court recently issued a decision placing the procedural burden on employers to establish a common affirmative defense to claims under the Age Discrimination in Employment Act (ADEA). The case completed a five-for-five sweep of decisions in favor of employees in employment discrimination cases this term. Read More.
June, 2008
United States Supreme Court Expands Ability of Employees to Bring Retaliation Suits.
The U.S. Supreme Court recently issued an opinion, allowing employees to bring retaliation claims under a Civil War-era statute that makes it easier to file retaliation suits, applies to more employers, and greatly expands the potential liability in these types of cases. The decision places renewed importance on understanding and avoiding retaliation claims. Read More.
March, 2008
United States Supreme Court Weighs in on Age Discrimination Issues
The U.S. Supreme Court recently decided two cases concerning employment discrimination. Within the span of a few days, the Court issued two opinions addressing the administrative prerequisites for filing such lawsuits, and the use of evidence in them. The decisions are both employee-friendly, and underscore the importance of guarding against discrimination claims in the first place. Read More.
February, 2008
Illinois Secretary of State Announces Amnesty Program for Delinquent Franchise Taxes and License Fees
Recently, the Illinois Secretary of State announced that corporations can avoid penalties and interest due on unpaid franchise taxes and license fees. Under the Franchise Tax and License Fee Amnesty Act of 2007, the Secretary of State will forgive interest and penalties and will not institute civil or criminal prosecutions against corporations, if they pay all past due franchise taxes and license fees. Read More.
January, 2008
Federal Appellate Court Scrutinizes Anti-Harassment Policy
The U.S. Court of Appeals for the Seventh Circuit recently reinstated a sexual harassment lawsuit after finding numerous problems with an employer's anti-sexual harassment policy. The decision demonstrates that ineffective policies can adversely impact employers who find themselves in litigation. Read More.
December, 2007
Federal Court Finds Party Is Bound by Arbitration Agreement It Did Not Sign
In a recent decision, a federal court in Illinois has found that a non-signatory is bound by an arbitration clause in a separate agreement between its counterpart and a third party. The decision underscores the importance of examining and understanding the effect of arbitration clauses, which are increasingly a part of many contracts. Read More.
November, 2007
OSHA Promulgates New Personal Protective Equipment (PPE) Rule
The Occupational Safety and Health Administration (OSHA) recently published a new rule concerning employee personal protective equipment (PPE). With few exceptions, the new rule requires employers to bear the expense of PPE for employees working in various areas including general industry and construction. The new rule becomes effective February 13, 2008 and must be implemented by May 15, 2008. Read More.
October, 2007
Illinois Supreme Court Clarifies Procedural Requirements Concerning Requests to Admit
The Illinois Supreme Court recently issued an opinion that affects how courts will interpret and enforce Supreme Court Rule 216, which relates to Requests to Admit. In overruling various appellate court decisions, the Court provided some relief from the draconian regime that had come to surround Requests to Admit. Read More.
September, 2007
Changes to Illinois Human Rights Act Allow Direct Access to Courts and Juries
Illinois Governor Rod Blagojevich recently signed a bill into law amending various aspects of the Illinois Human Rights Act (the IHRA) that relate to procedures for adjudicating employment discrimination claims, which takes effect January 1, 2008. The most significant change now gives complainants the option of bringing suit and asserting jury demands in state courts, rather than filing administrative complaints with the Illinois Human Rights Commission (the Commission). Read More.
Significant Changes to Independent Contractor Relationships in Illinois Construction Industry
Recently, the Illinois General Assembly instituted important changes that will impact many different construction-related businesses, including trucking companies, when it passed a new law. Public Act 095-0026, known as the Illinois Employee Classification Act, will become effective January 1, 2008, and redefines the legal standards for establishing an independent contractor relationship. As a result, many individuals previously classified as independent contractors will have to be treated as employees. Read More.
August, 2007
New Illinois Smoking Ban
On July 23, 2007, Governor Rod Blagojevich signed into law the Smoke Free Illinois Act, which replaces the Illinois Clean Indoor Air Act of 1990 and supercedes the Chicago Clean Indoor Air Ordinance of 2005. The new law takes effect January 1, 2008, and will affect practically all Illinois employers. Read More.
July, 2007
Changes to the Illinois Administrative Code Affect Corporate Name Availability and Amending Annual Reports
The Illinois Secretary of State recently amended rules that govern the Illinois Business Corporations Act, relating to the availability of corporate names and amending previously filed annual reports, which become effective July 16, 2007. Read More.
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