On January 1, 2020, recreational cannabis use became legal in the State of Illinois. But as we previously reported here, Illinois’ new cannabis law raised questions about whether employers could continue workplace cannabis testing under circumstances previously taken for granted, including pre-employment and random testing. On December 4, 2019, Governor J.B. Pritzker signed into law Public Act 101-593 (The “Amendments”) in an apparent attempt to answer those questions and include certain new protections for workplace drug testing. Today’s post describes these amendments and identifies what employers should do now.
As we polish off the last of the Thanksgiving turkey, we’re reminded that for some, particularly those suffering from holiday-triggered depression and Seasonal Affective Disorder, the holiday season can induce a psychological decline that leaves them unable to work. And as a recent federal appeals court ruling points out, this decline may trigger FMLA rights, even if the affected employee never specifically asks for leave.
An employment lawyer can help with unpaid wage claims, often with better and faster results than by filing a claim with the IDOL or USDOL on your own. Some of the benefits to workers include: reduced waiting times, increased recovery of unpaid wages and the support of an advocate who knows if there are other violations by the employer and can help protect a worker from retaliation by the employer. For employers, hiring an attorney to help the company comply with wage laws can prevent negative PR and improve the bottom line.
The weekend’s news from McDonald’s that the board ousted CEO Steve Easterbrook for conducting what is described in the press as a “consensual relationship” in the workplace is a topic we'll review in today's post along with what tools are available to companies to manage workplace dating.
Companies or individuals acquiring an existing business should determine if the seller faces potential civil rights violations and, if so, take this fact into account in the acquisition process. If a buyer overlooks these liabilities, they could inherit them, despite longstanding Illinois precedent against such “successor liability,” at least according to one appeals court.In People ex rel. Dep’t of Human Rights v. Oakridge Nursing & Rehab Ctr., the First District Appellate Court held that the general rule of successor corporate nonliability may not apply to Illinois Human Rights Act claims against predecessor companies, if circumstances fit an exception to non-liability previously applied only in federal courts.
Today, the Supreme Court kicks off its new term with several employment cases, including cases on appeal from the Seventh Circuit Court of Appeals right here in Chicago. Illinois employers should keep tabs on these cases and anticipate how the Court’s rulings will add to a bevy of new compliance obligations going into effect in 2019-20.
In his inaugural address, Governor Pritzker promised to expand “true justice in our criminal justice system” and advance “economic inclusion” for Illinoisans who have previously been incarcerated. Two new laws carry out this promise and build on the efforts of 2015’s “Ban the Box” law to make it easier for the estimated 42 percent of Illinois residents with criminal backgrounds to avoid automatic disqualification and to get jobs.
This morning, September 24, 2019, the US Department of Labor (DOL) published its final overtime rule. The final rule is effective January 1, 2020, giving employers about 100 days to review and adjust the pay of their exempt workforce to comply with the law.