On September 17, 2021, an Illinois Appellate Court addressed the appropriate statute of limitations period for claims brought pursuant to the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”), 740 ILCS §...more
On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act (820 ILCS § 90), which imposes restrictions on the use of non-competition and non-solicitation (employee and...more
8/19/2021
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws
Effective August 1, 2021, the City of Chicago’s Minimum Wage and Paid Sick Leave Ordinance was amended to provide for additional uses of paid sick leave for eligible employees. Under the Amended Ordinance, an employee who...more
The Illinois Legislature recently passed a bipartisan bill, available here, that seeks to significantly amend the Illinois Freedom to Work Act (820 ILCS § 90) and impose restrictions on the use of non-competition and...more
Employers have increasingly embraced artificial intelligence (“AI”) in the workplace, using the technology to maximize efficiency in nearly every aspect of the employment relationship including hiring, performance management,...more
On May 26, 2021, Chicago Mayor Lori Lightfoot introduced a series of ordinances (the “Ordinances”) which seek to implement new wage theft protections and provide certain employees with the ability to take paid “secure leave.”...more
On April 21, 2021, the City of Chicago passed an ordinance (the “Ordinance”), here, prohibiting Chicago employers from: (i) retaliating against workers who receive the COVID-19 vaccine during working hours; and (ii) requiring...more
On March 23, 2021, Illinois Governor Pritzker signed into law SB1480. As discussed below, the law makes significant changes to the Illinois Human Rights Act (IHRA), the Illinois Equal Pay Act (IEPA) and the Illinois Business...more
3/24/2021
/ Anti-Retaliation Provisions ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Governor Pritzker ,
Hiring & Firing ,
New Legislation ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies
Two bills were recently introduced in the Illinois legislature that seek to limit or preclude the use of restrictive covenants for Illinois employers. ...more
As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual...more
On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that...more
The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the “Ordinance”) that was the subject of our post on April 27, 2020, has now become law...more
The Illinois House of Representatives recently introduced House Bill 5769, which would create the Illinois Personal Protective Equipment Responsibility Act (the “Act”). The Act would require “essential employers” to provide...more
The State of Illinois has taken strong measures to mitigate the spread of COVID-19. Recognizing the impact of COVID-19 on the State of Illinois, on March 20, 2020, the Governor first issued Executive Order 2020-10 directing...more
5/18/2020
/ Anti-Harassment Policies ,
Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
First Responders ,
Governor Pritzker ,
Layoffs ,
Non-Essential Businesses ,
Operators of Essential Services ,
Paid Sick Leave Act ,
Pay Reductions ,
Remote Working ,
Shelter-In-Place ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act
On May 5, 2020, the Seventh Circuit held that allegations that a defendant violated the Illinois Biometric Information Privacy Act (“BIPA”) by collecting a biometric information without first obtaining informed consent...more
5/14/2020
/ Article III ,
Biometric Information Privacy Act ,
CAFA ,
Employee Privacy Rights ,
FRCP 23 ,
Injury-in-Fact ,
Putative Class Actions ,
Removal ,
Split of Authority ,
Standing ,
Without Consent
On April 28, 2020, the Illinois Department of Human Rights (the “IDHR”) published its model sexual harassment prevention training program...more
On April 22, 2020, Chicago Mayor Lori Lightfoot, with the backing of several Aldermen, introduced the COVID-19 Anti-Retaliation Ordinance (the “Ordinance”), which, if enacted, would prohibit Chicago employers from retaliating...more
4/29/2020
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
City Councils ,
Covered Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Local Ordinance ,
Public Health Emergency ,
Quarantine ,
Sick Employees ,
Statutory Penalties
On April 3, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36, which, effectively immediately, prohibits Michigan employers from discharging, disciplining or otherwise retaliating against an employee who...more
The State of Illinois has taken strong measures to mitigate the spread of the coronavirus. Recognizing the impact of the coronavirus on the State of Illinois, on March 20, 2020, the Governor issued Executive Order 2020-10...more
3/24/2020
/ Anti-Harassment Policies ,
Business Closures ,
Coronavirus/COVID-19 ,
Emergency Response ,
Employer Responsibilities ,
Executive Orders ,
Governor Pritzker ,
Layoffs ,
Pay Reductions ,
Reimbursements ,
Shelter-In-Place ,
Sick Leave ,
State of Emergency ,
Unemployment Insurance ,
WARN Act
On September 27, 2019, the U.S. District Court for the Northern District of Illinois granted a defendant-employer summary judgment on a whistleblower retaliation claim under the Illinois Whistleblower Act (“IWA”) and on a...more
Earlier this week, Proskauer—along with Disability Rights Advocates (DRA), a nationwide nonprofit disability rights legal center—filed a putative class action against the City of Chicago on behalf of the American Council of...more
9/27/2019
/ Americans with Disabilities Act (ADA) ,
Declaratory Relief ,
Disability ,
Injunctive Relief ,
Nonprofits ,
Pedestrians ,
Pro Bono ,
Putative Class Actions ,
Rehabilitation Act ,
Section 504 ,
Title II
On August 9, 2019, Governor Pritzker signed into law Public Act 101-0221 (the “Act”), which enhances protections against workplace sexual harassment and discrimination. The Act creates new laws and amends several existing...more
8/26/2019
/ Anti-Harassment Policies ,
Arbitration Agreements ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Governor Pritzker ,
New Legislation ,
Sexual Harassment ,
State Labor Laws ,
Title VII ,
Transparency
On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law. The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after...more
On July 31, 2019, Illinois Governor J.B. Pritzker signed into law House Bill 834 (the “Bill”), which amends the Illinois Equal Pay Act of 2003 (“IEPA”) to prohibit employers from inquiring into a job applicant’s salary...more
Illinois will soon become the eleventh state to legalize the recreational use of marijuana. On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”). The CRTA,...more
6/27/2019
/ Decriminalization of Marijuana ,
Discipline ,
Drug Testing ,
Employment Policies ,
Exemptions ,
Federal v State Law Application ,
Governor Pritzker ,
Hiring & Firing ,
New Legislation ,
Off-Duty Employees ,
Recreational Use ,
Right to Privacy ,
State Legislatures ,
Workplace Safety ,
Zero Tolerance Policies