Not A Re-‘Hash’ – Just Clarifying The Law

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.

Court Dishes Up FMLA Lessons For Managing Holiday Blues

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.

Illinois Ruling: Business Buyers, Review Sellers’ EEO Practices

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.

Illinois Expands Employment Rights For Workers With Criminal Histories

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.