News & Analysis as of

Illinois Employment Litigation

Franczek P.C.

Appellate Court Finds Employer Intent Matters in Dues-Related Unfair Labor Practice Charges

Franczek P.C. on

Under the Illinois Educational Labor Relations Act, an employer’s failure to deduct and remit union dues based on a valid authorization by the employee or a collective bargaining agreement may be an unfair labor practice....more

Littler

Illinois Federal Court Refuses to Halt Equal Benefits Provisions of Illinois Day and Temporary Labor Services Act

Littler on

On May 23, 2025, Judge Thomas Durkin of the U.S. District Court for the Northern District of Illinois refused to enjoin enforcement of amendments to the Illinois Day and Temporary Labor Services Act (IDTLSA) that require...more

Robinson+Cole Data Privacy + Security Insider

Getting Too Personal? Illinois Court Says Family Medical History is Genetic Information

On May 15, 2025, a district court in Illinois denied a motion by defendant Hospital Sisters Health System and Saint Francis (HSHS) to dismiss a class action claim brought against the hospital system under the Illinois Genetic...more

Jackson Lewis P.C.

Recent Decision on Nondiscretionary Performance Bonuses in Pay Calculations Has Wide-Ranging Implications for Illinois Employers

Jackson Lewis P.C. on

In Illinois, nondiscretionary “performance bonuses,” such as bonuses paid in recognition of employees satisfying certain performance and safety metrics and seniority goals, must be factored into employees’ regular rate of pay...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Rules Forfeiture-for-Competition Clauses Under Delaware Law Enforceable and Not Subject to Reasonableness Review

In 2021, LKQ Corporation (LKQ) filed suit against Robert Rutledge, its former plant manager, in the U.S. District Court for the Northern District of Illinois. LKQ alleged that Rutledge’s working for a competitor within nine...more

Cozen O'Connor

Illinois Insights: An update from Cozen O'Connor (2/3)

Cozen O'Connor on

Heading into budget season, Gov. JB Pritzker faces major challenge to show ‘Illinois can govern itself’ - “With Gov. JB Pritzker still weighing whether to seek a third term, the firmer foundation he’s laid for Illinois’...more

FordHarrison

New Illinois Employment Laws for 2025 and Beyond: What Every Employer Must Learn

FordHarrison on

The Illinois Legislature was busy in 2024, passing a slew of new employment laws and amendments to existing laws, only one of which in any manner affirmatively helps employers. Below is a summary of the bills that were signed...more

Epstein Becker & Green

Illinois Employers Need to Know Nine New Employment Laws for 2025

Epstein Becker & Green on

The year 2024 was a busy one for Illinois lawmakers, who enacted notable changes to no fewer than nine laws that affect Illinois employers, all taking effect on January 1, 2025....more

Epstein Becker & Green

Chicago’s Paid Leave and Paid Sick Leave Ordinance Takes Effect Soon – Are You Ready?

Epstein Becker & Green on

Beginning on July 1, 2024, employers in Chicago must begin to comply with significant new obligations that further complicate a tangle of state and local laws mandating paid leave....more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

ArentFox Schiff on

ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Sheppard Mullin Richter & Hampton LLP

Illinois is the Latest State to Enact a Salary Transparency Law

Illinois is the latest in a growing trend among states and cities throughout the country to enact salary transparency laws. Illinois joins the ranks of California, Washington and Colorado, among others, requiring employers to...more

Troutman Pepper Locke

Illinois AG Settles Investigation Into Company’s Payment Practices for $950K

Troutman Pepper Locke on

On July 6, Illinois Attorney General Kwame Raoul announced a $950,000 settlement concerning the Illinois Wage Payments and Collection Act, marking the conclusion of an investigation into GrapeTree Medical Staffing...more

McDermott Will & Emery

Illinois Supreme Court Denies Rehearing of BIPA Claim Accrual Ruling

McDermott Will & Emery on

On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more

Seyfarth Shaw LLP

Illinois Supreme Court Upholds Per-Scan Damages for BIPA Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private...more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Finds Federal Law Labor Preempts Union Members’ BIPA Claims

Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot....more

Fenwick & West LLP

BIPA’s Per-Scan Damages May Create “Annihilative Liability”

Fenwick & West LLP on

The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more

Spilman Thomas & Battle, PLLC

Illinois Supreme Court and Biometric Privacy Cases – The Newest Developments and the Reach Well Beyond Illinois

Illinois has the strictest biometric privacy law in the country with the Biometric Information Privacy Act (“BIPA”). The BIPA requires employers who collect employees’ biometric data to follow a number of protocols. These...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA

February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In...more

Epstein Becker & Green

For the New Year, New Rules: 2023 Brings Changes for Illinois Employers

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Looking back on the past year and ahead to the new one, Illinois employers may want to reflect on the ways in which state legislators and regulators kept busy in 2022....more

Proskauer - Law and the Workplace

7th Cir. Affirms Summary Judgment On Illinois Whistleblower Act and Illinois Jury Act Retaliation Claims

On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more

Perkins Coie

Illinois Supreme Court Nixes Employer Biometric Privacy Defense

Perkins Coie on

In the latest in a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14 et seq.), the Supreme Court of Illinois held last month that the Illinois Workers’...more

Epstein Becker & Green

Employers Take Heed: Follow Illinois Biometric Privacy Rules or Risk a Losing Battle

Epstein Becker & Green on

Employers in Illinois who collect, use, or retain their employees’ biometric data—personal information such as fingerprints or facial or voice recognition—need to be aware of a recent legal development....more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Rules BIPA Claims Are Not Preempted by the Illinois Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...more

UB Greensfelder LLP

Illinois Supreme Court Rules Workers’ Compensation Act Does Not Bar Claims Under BIPA

UB Greensfelder LLP on

The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires employers to notify employees and other individuals before collecting their biometric identifiers such as fingerprints (...read our last...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Certifies Hotly-Contested BIPA Accrual Issue to Illinois Supreme Court

In a recent decision regarding an employee’s claims for violations of Illinois’ Biometric Information Privacy Act (“BIPA”), the United States Court of Appeals for the Seventh Circuit asked the Illinois Supreme Court to...more

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