Illinois Employment Legislation

Last August, we wrote about a Chicago ordinance requiring hotel employers to, among other things, equip hotel employees assigned to work in guestrooms or restrooms with portable emergency contact devices. The emergency contact devices, referred to as “panic buttons,” may be used to summon help if the employee reasonably believes that an ongoing crime, sexual harassment, sexual assault or other emergency is occurring in the employee’s presence. The Chicago ordinance took effect July 1, 2018.
Continue Reading “Panic Button” Laws Make Their Way Across The U.S.

In the aftermath of the Illinois Supreme Court’s Rosenbach decision, Illinois employers have faced a wave of class action litigation filed under the Biometric Information Privacy Act (“BIPA”). Employers hoping for relief from the statute’s private right of action must wait for another day (or another session) as Senate Bill 2134 (“SB 2134”) did not report out of committee by the March 28, 2019 deadline.
Continue Reading The Potential For Stemming BIPA Suits Waits Another Day

The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois Biometric Information Privacy Act (“BIPA”). We have addressed this issue in prior blogs, including here and here. The Supreme Court has now held an individual need not allege some actual injury or adverse effect to be “aggrieved” and have statutory standing. An individual can state a BIPA claim simply by alleging an entity’s failure to follow the statute’s notice and consent requirements.
Continue Reading Actual Injury Unnecessary to Sue Under Illinois Biometric Law

In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain individuals they see as particularly vulnerable to sexual harassment and assault, including hotel workers.
Continue Reading Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

On October 2, 2017, the Chicago City Council Committee on Workplace Development and Audit approved an amendment to the Municipal Code (the “Ordinance”) that, if approved by the full City Council, will require hotel employers to equip hotel employees assigned to work in guestrooms or restrooms with portable emergency contact devices and develop and implement new anti-sexual harassment policies and procedures. The Ordinance is in response to multiple reports of sexual assault and harassment targeted at hotel employees by hotel guests.
Continue Reading Chicago City Council Committee Approves Hands Off-Pants On Ordinance to Protect Hotel Employees

On August 19, 2016, Governor Bruce Rauner officially signed into law the Illinois Freedom to Work Act (the “Act”), with an effective date of January 1, 2017.  The Act, while short and to the point, will have a significant impact on private sector employers who routinely require all employees, regardless of job level or wage, to enter into non-competition agreements.
Continue Reading Illinois Limits Non-Compete Agreements Yet Again

Ban the Box

Joining the current “Ban the Box” trend, effective January 1, 2015, the Job Opportunities for Qualified Applicants Act prohibits Illinois employers from asking job applicants about their criminal record or criminal history until after the employer determines that the individual is qualified for the position and notifies the individual that s/he has been selected for an interview.  If an employer does not conduct interviews, then any inquiry into an applicant’s criminal background cannot take place until after the employer makes a conditional offer of employment.
Continue Reading New Illinois Laws in 2015: What Employers Should Know