Employment

HMB recently issued a Client Alert following the Illinois Supreme Court’s decision in Tims v. Black Horse Carrier, 2023 IL 127801, where the Court held that all Illinois Biometric Information Privacy Act (BIPA) actions would be governed by a 5-year statute of limitations period. Since then, the Illinois Supreme Court has dealt another blow to Illinois BIPA defendants. Cothron v.…

Background on BIPA Illinois employers collecting biometric information for timekeeping purposes have been assaulted by class action lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA). Typically, plaintiffs in these actions seek five years of damages for claims that employers collected biometric information through fingerprinting or face screening without issuing a public policy declaring the use and retention of…

On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act, which will impact the enforceability of some non-competition and non-solicitation restrictive covenants in Illinois. Although the new law will not impact all restrictive covenants in Illinois (the amendment excludes from its scope restrictive covenants entered into ancillary to the sale…

As Illinois and other states have begun to roll-back stay at home orders, employers need to be prepared for employee COVID-19 claims. Join YPO Gold Chicago Member and HMB Partner, Keith H. Berk for a discussion on how to prepare your business in managing COVID-19 in the workplace. This YPO Chicagoland Chapter-exclusive discussion will include guidance on: What to do…

Chicago Anti-Retaliation Ordinance On May 20, 2020, effective immediately, the Chicago City Council approved an ordinance that prohibits employers from terminating or demoting an employee because the employee stayed home from work in compliance with a health order or to care for a person subject to a health order.  Employees who are terminated or demoted will now be able to…

As Illinois and other states begin to roll back stay-at-home orders, employers need to be prepared for employee COVID-19 claims. YPO Chicago Gold Chapter member, Keith H. Berk, will be joined by COVID-19 task force members Shelley H. Koren and Alicia A. Handy to discuss how to prepare your business to manage COVID-19 in the workplace. This YPO Chicago Gold…

As Illinois and other states begin to rollback stay-at-home orders, employers need to be prepared for employee COVID-19 claims. Please join us for a 45 minute discussion on how to prepare your business to manage COVID-19 in the workplace. The discussion will include guidance on: What to do when an employee notifies you that they have COVID-19 What to do…

Illinois Workers' Compensation Commission Updates After initially voting 9-0-1 to approve a new emergency rule that created a rebuttable presumption that the workplace is the cause of an employee contracting COVID-19 to the extent such employee works for an essential business, the Illinois Workers’ Compensation Commission (the “Commission”) met yesterday, April 27, to formally withdraw the rule.  The Illinois Manufacturers’…

Families First Coronavirus Response Act On April 1, 2020, the U.S. Department of Labor (“DOL”) issued temporary regulations (the “Rule”) to implement the Families First Coronavirus Response Act (“FFCRA”), providing additional guidance to employers and employees on how to provide and take expanded family and medical leave or paid sick leave (collectively, “Leave”) under the FFCRA.  A copy of the…

The Small Business Administration has released the application for the Paycheck Protection Program and loans available pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Treasury Department has released an information sheet for borrowers, which can be found here. Additional information can be found at the Treasury Department’s website, found here. The Treasury Department has encouraged…

The Families First Coronavirus Response Act (the “FCCRA”) was signed into law on March 18, 2020.  Since then, questions as to scope and applicability have been raised by employers and employees alike.  The U.S. Department of Labor has and continues to provide guidance as to how employers and employees should interrupt the FFCRA.  A summary of the FCCRA can be…

On March 18, 2020, the President signed the Families First Coronavirus Response Act (the “Act”).  Yesterday, the U.S. Department of Labor provided sample posters for private and public employers to post prior to April 1, 2020. Here is a link to the DOL poster for private employers. Also, the DOL provided guidance regarding the manner of providing notice to employees…

On March 18, 2020, the President signed the Families First Coronavirus Response Act (the “Act”).  Below is a summary of the employer requirements under the Act: Emergency Family Medical Leave Expansion Act Covered Employers Employers with fewer than 500 employees and covered public sector employers must provide up to 12 weeks of FMLA leave for a qualifying need related to…

The novel coronavirus (COVID-19) is spreading across the globe and we wanted to assist you in considering all risk assessment and mitigation tools available.  We recommend assembling a management team to determine best next steps and implement an emergency plan.  Plan considerations should include cash flow concerns, remote working possibilities, IT considerations, quarantine possibility and company specific concerns. Businesses should…

Changes to Federal and Illinois laws will likely require you to update your employment practices and policies. Below is a summary of new acts and amendments affecting Illinois employers. Federal Updates The Fair Labor Standards Act Overtime Rules (effective January 1, 2020) Raises the “standard salary level” for executive, administrative and professional exemptions from $455 per week to $684 per…