However, labor, layoff, or settlement agreements made, amended, or renewed after Jan. 1 must comply with the requirements of Illinois` new Workplace Transparency Act.   820 ILCS § 112/10 (b-5)-(b-10).  820 ILCS § 112/10 (b).  Chicago Mun. Code, Tit. I, Ch.1-25-010, ff.  820 ILCS § 180/1, ff.  820 ILCS § 325 et seq.
 On January 25, 2019, in a highly anticipated case, the Illinois Supreme Court ruled that a person does not have to claim actual harm or impairment beyond a mere technical violation of their rights under BIPA to be considered an « injured » person, who has the right to bring a private action. Rosenbach v. Sechs Flags Entm`t Corp., 2019 IL 123186, 129 N.E.3d 1197 (2019). An avalanche of complaints followed.  820 ILCS § 42 ff.  820 ILCS § 112/10(a).  820 ILCS § 112/30.  775 ILCS § 5/2-101(B)(1).  410 ILCS § 705 et seq.
 Epic Systems Corp. v. Lewis, 138 pp. Ct. 1612, 200 L. Ed. 2D 889 (2018).  820 ILCS § 96 et seq. Employees can now opt out of the IDHR administrative proceedings and immediately file a lawsuit in state court. Effective immediately, employees can opt out of the IDHR administrative investigation and immediately file lawsuits in the Illinois state courts. Within 10 days of an employee filing a complaint with the HRDI, the employee must send the employee notice of their right to unsubscribe from the HRDI investigation process.
An employee has 60 days from receipt of the HRDI`s notice to submit a written request for leave from the investigation. If the employee chooses to unsubscribe, the IDHR has an additional 10 days to respond to the employee`s request. The right of withdrawal does not require a factual or legal determination by IDHR. Once the employee receives notice that the withdrawal request has been granted, the employee has 90 days to file a lawsuit in district court. This is expected to lead to an increase in discrimination cases in Illinois state courts, meaning employees — especially those with knowledgeable attorneys — can avoid double filings with the EEOC. 2. Like many other state laws, the WTA prevents employers from entering into agreements with employees and contractors, such as settlement agreements that include a confidentiality clause. These clauses are often intended to cover up sexual harassment and other employee complaints. While confidentiality clauses are still permitted under the WTA in certain circumstances, it will be more difficult for employers to include them as a standard clause in many employment contracts. 1. The use of arbitration and confidentiality agreements is strictly regulated Following the U.S. Supreme Court decision in Epic Systems Corp.
v. Lewis, supports the use of arbitration agreements, many employers have maintained or begun to rely on such agreements. Similarly, employers routinely use confidentiality agreements at various stages of the employment relationship. It should be noted that since parts of the WTA conflict with the Federal Arbitration Act (« FAA »), it is possible for a court to conclude that these conflicting provisions of the WTA are anticipated by the FAA. In a recent case this summer that involved a New York State WTA-style law, the court ruled that state law prohibiting employers from enforcing binding arbitration clauses regarding sexual harassment claims was excluded from the FAA, meaning the state law was invalid. See Latif v Morgan Stanley & Co., No. 18 CV 11528 (S.D.N.Y. 26 June 2019). Reprinted with permission.
Originally published on January 3, 2020, « Top 10 Changes to Illinois Labor Law Starting in 2019, » Law360 In 2019, Lincoln County lawmakers took a broad and aggressive approach to new workplace rules. While employers must now exercise caution in wage discussions in the hiring process, another amendment to the APEI protects workers` right to share their compensation and benefits among themselves. From 29. As of September 2019, employers are prohibited from preventing employees from disclosing or discussing compensation and benefits information.  Chicago now has a new agency, the Office of Labor Standards, that will respond to employee complaints under Chicago`s minimum wage, paid sick leave, and wage theft laws. When an employee files a complaint, this body investigates the complaint, holds hearings, mediates disputes and sends notices of violation to employers. These complaints were previously handled by the Ministry of Economy and Consumer Protection. Illinois ushered in the new year with 253 new laws, many of which directly affect Illinois employers. Employers should prepare their management and human resources staff for possible changes in the workplace as a result of these new laws. Here are the main new labour and employment laws or related laws, all of which are now in force.
As of January 1, 2019, the Illinois Service Member Employment and Reemployment Rights Act (ISERRA) incorporates the provisions of the Federal Uniformed Employment and Reemployment Rights Act (USERRA). This means that members of the service are entitled to: As we rejoice in 2019, here`s a summary of the new laws affecting Illinois employers. Toward the end of the year, we wanted to introduce some of Illinois` new or amended labor laws that went into effect in 2019 or are expected to go into effect in 2020: In June 2019, Illinois passed legislation legalizing recreational cannabis use through the creation of the Cannabis Regulation and Tax Act, or CRTA.  By simultaneously amending the Illinois Workplace Privacy Rights Act, legislators have indicated that employers generally cannot discriminate against employees or applicants on the basis of their legal cannabis use outside of work hours. Knowledge is power, and for Illinois employers, knowing about these new laws can help them avoid or limit liability and potential risks. Employers will need to review and possibly revise their manuals and policies to ensure they are (or will comply) with the new laws. It is also important for employers to train their supervisors and managers on how to implement changes resulting from the new legislation. First, employers can no longer unilaterally seek binding arbitration for claims arising under laws enforced by the EEOC or the Illinois Department of Human Rights.