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BT Currents - Hot Topics in Employment Law
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13 Oct 2017 Attention Illinois Employers: 3 Handbook Policies to Revisit Now

  If you haven’t reviewed your attendance, sick leave, or pregnancy-related policies in a while, the time is right to ensure you stay up to date and prevent potential pitfalls.   Parental leave and pregnancy accommodation policies may need updates   Recent lawsuits, such as the one that the EEOC filed against Estee Lauder, claim companies’ parental leave policies violate sex discrimination laws if they provide male employees with less bonding leave upon the birth of a child than female employees receive. This serves as…

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29 Aug 2017 Illinois Governor Vetoes Employment Bills Aimed at Salary History Inquiries, Wage Issues

  Legislation in Illinois that would have outlawed employers from seeking job applicants’ compensation history has failed to become law, following Gov. Bruce Rauner’s recent veto.   The bill would have amended the Illinois Equal Pay Act and was aimed at the practice of seeking job applicants’ compensation history during the hiring process, which equal pay advocates contended has the effect of perpetuating the salary differences between male and female employees that may have been the result of past discriminatory practices. The proposed changes to…

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09 Dec 2015 Illinois Amends Unemployment Act Includes specific misconduct that can disqualify an employee from unemployment benefits

Amendments to the Illinois Unemployment Insurance Act, which take effect on Jan. 3, 2016, may mean employers will have a better chance of winning challenges to claims for unemployment  benefits in instances where employees have engaged in specific types of misconduct.   The changes to the Act, which Gov. Bruce Rauner signed into law on Dec. 4, include a new list of specific employee actions that constitute misconduct sufficient to disqualify an employee from unemployment benefits.   For years, the Illinois Department of Employment Security…

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18 Sep 2015 New rules provide insights for pregnancy accommodations in Illinois

Since the start of the year, all employers in Illinois with one or more employees are required to provide accommodations for pregnant workers for conditions associated with pregnancy and childbirth.  Now the Illinois Department of Human Rights (IDHR) and the Illinois Human Rights Commission (IHRC) have issued a set of proposed joint rules to assist with interpretation and enforcement of the new law.   Under amendments to the Illinois Human Rights Act that went into effect on Jan. 1, 2015, employers and labor organizations must…

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14 Jan 2015 Pregnancy Non-Discrimination Poster Now Required in Illinois

The Illinois Department of Human Rights has just published its “Pregnancy and Your Rights in the Workplace” poster for employers to use in order to comply with recent amendments to the Illinois Human Rights Act. Effective Jan. 1, 2015, Illinois now requires employers of one or more employees to provide reasonable accommodations for pregnancy, childbirth, or medical or common conditions associated with pregnancy. The Illinois Human Rights Act amendments also included a requirement for employers to post a notice issued by the Illinois Department of…

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05 Sep 2014 New Illinois Law Will Require Pregnancy Accommodations Starting January 1, 2015

  Illinois employers should start preparing to provide reasonable accommodations to pregnant employees and new mothers – including leaves of absence – under a new law that will go into effect on January 1, 2015. Notice posting will be required and employers also may need to revise employee handbooks or policy manuals in anticipation of the effective date of the new law.   The Illinois law, which amends the Illinois Human Rights Act, will allow women to request reasonable accommodations in the workplace for medical…

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07 Aug 2014 Illinois Governor Signs Payroll Card Law

  Governor Quinn has signed HB 5622, which amends the Illinois Wage Payment and Collection Act by recognizing payment of wages via payroll card.   As we previously reported, the law does not go into effect until January 1, 2015. At that time, payment of wages via payroll card will be recognized by Illinois law, subject to a number of requirements.  The requirements include the following: Employers must offer employees the option of receiving wages via cash, check or direct deposit and obtain employees’ voluntary…

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03 Jun 2014 Pregnancy accommodations could soon be required in Illinois

  Illinois employers will be required to provide reasonable accommodations to pregnant employees under new legislation that is awaiting action by the governor.   The Illinois legislature passed expansive amendments to the Illinois Human Rights Act that, effective January 1, 2015, will allow employees to request reasonable accommodations in the workplace for medical and other common conditions related to pregnancy or childbirth.   The changes will apply to employers of one or more employees, thus adding pregnancy to the existing Illinois Human Rights Act provision…

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10 Mar 2014 Illinois Case Reminds (Again): Document Rights and Responsibilities On Company Social Media Accounts

An Illinois employer faces potential liability for accessing an employee’s Facebook and Twitter accounts while the employee was on leave. There is no question the accounts related to the company’s business, and among other things directed traffic to the company website.There were various points of disagreement among the parties about the accounts, however, including:   The employer says it directed the employee to start the Twitter account in question. The employee denies that. The employee says company management had administrator status on the Facebook page in…

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31 Oct 2012 Illinois Courts to Require Redaction of Personal Identity Information

While employers as a rule know that they must take reasonable measures to protect personnel records from unnecessary disclosures in the course of business, when employment litigation arises there are myriad records that may become subject to disclosure in discovery, including personnel records of the plaintiff as well as individuals who are not parties to the case, such as decision-makers and comparators in employment discrimination cases.  Protective Orders can be entered to govern the use and protection of confidential information during the pre-trial discovery phase…

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