Savine Employment Law Blog

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Latest from Savine Employment Law Blog

Lawmakers’ Attention Likely To Turn Back To Paid Sick Leave Legislation This Fall With so many new major Illinois employment laws already enacted this year, even the most well-informed HR professionals would be forgiven if they felt unable to predict and plan for the next wave of workplace legislation likely to come down the pike before year’s end. Fortunately, Springfield lawmakers signaled their intentions on August 2, 2019 when Governor Pritzker signed into law the Illinois Donor Protection Act (IDPA). You can read the law here. At first blush, to private sector employers, the IDPA might appear insignificant. Most…
Time is Now to Comply with Salary History Law Many Illinois employers returning from summer holiday are facing a rude awakening as they discover that they now have less than a month – until September 29, 2019, to be precise – to revamp longstanding hiring practices or face sizable liability. As we previously reported here, earlier this summer Governor J.B. Pritzker signed into law a bill adding new teeth to Illinois’ Equal Pay Act. The reforms aim to chip away at the persistent national gender pay gap, by prohibiting employers from inquiring into job applicants’ pay history in…
Latest Labor Board guidance may create more confusion and risk for HR On August 14, 2019, the National Labor Relations Board ruled in Cordúo Restaurants, Inc. that an employer could change its mandatory arbitration agreement to bar its workers from opting into a class action in response to being sued for wage and hour violations, and that a supervisor’s threatening statements to workers that they would be fired if they failed to sign the agreements did not violate Section 7 of the National Labor Relations Act (NLRA). You can read the full ruling here. Curdúo isn’t a Green Light…
Agency Spotlights Existing Path to School Visit Entitlements With HR’s current focus on complying with all the new Illinois employment laws scheduled to become effective in 2019-20, which we’ve summarized here , it’s easy for employers to lose sight of existing laws and their new applications in our ever- changing world. On August 8, 2019, the U.S. Department of Labor served up a useful reminder. In an FMLA opinion letter addressed to an anonymous inquiry, the DOL said that the wife of the inquirer can take intermittent leave from her job under the Family and Medical Leave Act (FMLA) to…
Illinois Workplace Transparency Act Signed Into law And NLRB Hands Down New Union Election Rules The heat of the summer doesn’t seem to be slowing down State and Federal lawmakers as the Pritzker honeymoon continues, but before the doldrums of an election season can kick in. Here’s the latest: Illinois #MeToo Bill Now The Law For instance, on Friday, August 9, 2019, Governor Pritzker signed into law the Workplace Transparency Act (WTA), a bill inspired by the #MeToo movement that imposes several new obligations on employers to combat harassment, including a requirement to provide annual harassment training of workers, a…
Law Adds to Busy Summer as Many Employers Also Prepare EEOC Pay Data Disclosures On July 31, 2019, Illinois Governor J.B. Pritzker signed into law HB834, amending the Illinois Equal Pay Act in ways that will fundamentally alter hiring practices across the Land of Lincoln. By doing so, Illinois became one of at least 13 states that now restrict employers’ ability to use pay history in hiring and compensation decisions, as part of the effort to chip away at the persistent national gender pay gap.We previously wrote about this law here. Under the amendments, employers may no longer screen…
Illinois metropolis fourth US city to require notice of work shifts As we predicted here, the Chicago City Council passed the “Chicago Fair Workweek Ordinance” on July 26, 2019. The Ordinance replaces a similar predictable scheduling ordinance that had been proposed and tabled earlier this year. It aims to curtail employers’ use of so-called “standby time” work scheduling practices that often result in wide, unpredictable fluctuations in workers’ work hours and income from week to week. Here are a few of the most notable aspects of the Ordinance: It covers employers in the retail, hotel, manufacturing, restaurant, building services…
Webinar is Part of the “HR Talent Management & Employment Law Boot Camp” Series On August 7, 2019 at 1:00 PM CST, Gary will be one of several featured speakers presenting “I Know What You Did Last Summer: Workplace Investigations,” a new webinar co-produced by Financial Poise and West LegalEdcenter™ . In a release, Financial Poise™ describes the webinar as follows: “Now, more than ever, employers must be prepared to promptly and effectively respond to complaints of workplace harassment and/or discrimination. Often, that requires knowing when and how to conduct an internal investigation. Given the significance of the issues often…
Many Employers Will Need to Reconsider Longstanding Drug-Free Workplace Philosophies Come January 1, 2020, just as some Illinois residents are taking their first lawful (at least under State law) puffs of marijuana or bites of a cannabis-infused gummy bear, many employers in the Land of Lincoln will likely be facing the ramifications of an even more dramatic change — their possible need to stop all forms of testing for marijuana use other than reasonable suspicion testing. From that day forward, the Illinois Right to Privacy in the Workplace Act (RPWA) will prohibit most employers from discriminating against applicants and employees…
Savine Employment Law Is Ready For The Future Because We’ve Lived It By Gary Savine A recent article in Law360presented the results of a new global report that shows more in-house lawyers, especially employment lawyers, will be launching job searches in the coming years, due, in part, to advances in legal technology. Conducted by Euromoney Thought Leadership Consulting on behalf of EY Law, the report found that 74 percent of companies surveyed either have or are willing to consider outsourcing day-to-day employment law work, as part of a projected mass outsourcing effort across the private sector to cut corporate…
Illinois Lawmakers Grapple With Risks Posed By Harvesting Data From Wearable Devices A bill introduced in the Illinois House, HB 3024, would amend Illinois’ Biometric Information Privacy Act (BIPA or the Act) to expand the law to cover EKG results from wearable devices, such as smartwatches. Passed in 2008, BIPA originally was enacted to address technologies that rely upon fingerprints, retina scans and other “biometric identifiers” for time clocks and security access. The Act prohibits businesses from collecting, storing or using biometric identifier information without the following: written policies, written notice to those from whom they collect the information, protocols…
The Artificial Intelligence Video Interview Act, currently titled HB2557, is one of three pending bills aimed at taming the risks posed by big data in the workplace. When Governor Pritzker signs the bill into law, Illinois will be one of the first states to regulate the use of workplace data analytics. HB2557 focuses strictly on the use of facial recognition technology in job interviews and passed both houses on May 29, 2019. Two other bills, HB 2991 and HB 3415, would prohibit the use of predictive analytics to consider information correlating with race and zip codes when making hiring decisions,…
Last-Minute Negotiations Result In Expanded Worker Protections. While media coverage of the closing moments of the Spring legislative session focused on recreational marijuana, taxes and infrastructure, Illinois lawmakers quietly were leveraging the momentum created by the #MeToo movement to pass the Workplace Transparency Act. Since we last reported on the bill here, lawmakers have expanded its scope to impose new obligations on employers. The new bill, SB0075, which passed both houses just before the legislature recessed and can be found here would: Mandate that employers conduct annual sexual harassment training and prescribe the content for the training, with special…
The Illinois Legislature wrapped its Spring 2019 session by sending several bills poised to substantially alter the workplace to Governor J.B. Pritzker’s desk. At the same time, lawmakers left on the table a handful of items that, combined with initiatives expected soon out of Chicago City Council under new Mayor Lori Lightfoot, should make for an equally busy fall legislative calendar. The laws expected to be enacted include: A law amending the Equal Pay Act to ban employers from asking applicants to disclose their prior salary history. See our prior article about it here. A law that decriminalizes recreational…
Appeals Court raises the stakes significantly for employers who tolerate, neglect or ignore workplace harassment complaints. Last week, while many of us were packing our bags for the long Memorial Day holiday weekend, an Illinois Court of Appeals ruled, for the first time, that a legal entity, such as a corporation, can be sued under the Illinois Gender Violence Act (IGVA or Act), for sex discrimination. By doing so, the court dramatically increased the possible liability a business could face when it mishandles employee complaints of harassment if the target of those complaints later sexually assaults a coworker. The…
Law aims to close legal loopholes that hide harassment concerns from public view. In the past few weeks, Illinois Legislators have been working feverishly to advance SB1829, the Workplace Transparency Act. In an already busy legislative session filled with worker-friendly initiatives, the bill has already passed the Senate and is advancing rapidly through the House, picking up scores of sponsors along the way. The bill would: Mandate annual sexual harassment training and prescribe the content for such training. Extend the IHRA’s protections against harassment to independent contractors. Grant victims of sexual harassment up to 12 weeks of unpaid leave for…