The new decade brings Schiff Hardin’s Labor & Employment Group’s annual legislative update, summarizing new legislation in 2020 under federal law and in Illinois, California, New York, Michigan, and the District of Columbia.
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Following the trend that began in New York and California, Illinois’ own #MeToo-inspired legislation, called the Workplace Transparency Act (WTA), applies to all Illinois employers[1] and takes effect on January 1, 2020.
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Most Illinois employers are already aware of the Illinois Cannabis Regulation and Tax Act (Cannabis Act) which, among other things, legalizes recreational use of marijuana in Illinois effective January 1, 2020. On December 4, 2019, Illinois Governor J.B. Pritzker signed into law amendments to the Cannabis Act that, at a glance, appear to offer hope for employers seeking clarity about when they may discipline or refuse to hire an individual based on marijuana use. While the amendments make clear that employers may test applicants and employees for marijuana, the law continues to remain unclear as to what an employer may do with a positive marijuana result.
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On September 11, 2019, the California Senate passed Assembly Bill 5 (A.B. 5), which – if signed into law – will codify the so-called “ABC Test” utilized by the California Supreme Court in Dynamex v. Superior Court of Los Angeles to hold that the company’s delivery drivers were employees, not independent contractors, for the purpose of applying California Department of Industrial Relations Wage Orders. The bill, which California Governor Gavin Newsom is expected to sign, will have major implications on so-called “gig economy” workers, potentially leading to many being reclassified as employees rather than independent contractors.
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As the #MeToo movement continues to sweep the country, on August 9, 2019, Governor J.B. Pritzker signed into law Illinois Senate Bill 75 (now Public Act 101-0221) which will mandate statewide sexual harassment training for employers in Illinois and add other obligations and restrictions aimed at curbing sexual harassment and discrimination in the workplace.
Taking effect in just a few short months, the Act will require at least some policy, practice, and/or contracts revisions by virtually all Illinois employers.
Substantively, Senate Bill 75 amends the Illinois Human Rights Act (IHRA) and the Victims’ Economic Security and Safety Act (VESSA) in numerous significant ways, and enacts the Workplace Transparency Act (WTA) and Hotel and Casino Employee Safety Act.
Unless otherwise noted, these amendments and new laws take effect January 1, 2020.
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Last week, Illinois Governor J.B. Pritzker signed into law several amendments to the Illinois Equal Pay Act that are certain to have wide-ranging impacts. Most significantly, Illinois will join the growing number of states that prohibit employers from asking about or considering a job applicant’s prior salary history when making hiring decisions. The amendments will also modify an exception to the equal pay requirement that, in certain circumstances, allows employers to pay different wages to employees who work substantially similar jobs, and the amendments will expand the types and amounts of damages that are available for equal pay violations.
The new laws take effect on September 29, 2019, leaving little time for employers to adjust. Here’s what you need to know.
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The haze of Springfield’s recent legislative session has cleared, and Illinois has become the latest state poised to legalize marijuana. Like many other businesses throughout the country, Illinois employers will be faced with the complexity of enforcing their drug and substance abuse policies while their employees have the legal right to use marijuana outside of the workplace.
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On January 25, the Illinois Supreme Court held that a person can seek liquidated damages based on a technical violation of the Illinois Biometric Information Privacy Act (BIPA), even if that person has suffered no actual injury as a result of the violation. Rosenbach v. Six Flags Entertainment Corp. No. 123186 (Ill. Jan. 25, 2019) presents operational and legal issues for companies that collect fingerprints, facial scans, or other images that may be considered biometric information.
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Schiff Hardin’s Labor and Employment Group presents our annual legislative update, summarizing legislation slated to take effect in 2019 under federal law and in Illinois, California, New York, Michigan, and District of Columbia.
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Both New York State and New York City have recently passed a series of laws that significantly increased the protections against sexual harassment in the workplace. These laws outline additional and specific requirements that employers must comply with over the next year.
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