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On March 23, 2021, Governor J.B. Pritzker signed into law amendments to the Illinois Human Rights Act (P.A. 101-656) with regard to criminal conviction records of applicants and employees in the state of Illinois. The amendments took effect immediately, so Illinois employers must become well informed about the new restrictions on the ability of an…
Read MoreThere is no legal requirement that an Illinois employer must have an Employee Handbook. However, most Illinois employers do have an Employee Handbook because 1) it is a convenient way to distribute the employer’s policies to its employees and 2) there are certain legal protections that having an Employee Handbook brings to an employer. In…
Read MoreAs the COVID-19 vaccine rollout continues, the Illinois Department of Labor (IDOL) issued in March 2021, the following guidance for employers. Mandatory Vaccination Programs Wages: If an employer requires employees to get vaccinated, the time the employee spends obtaining the vaccine is likely compensable even if it is non-working time. Paid Leave: Time…
Read MoreOne of the most frequent questions that Illinois companies have asked me over the years is, “Why me?” They want to know why the Illinois Department of Employment Security (IDES) has selected their company to be audited. IDES auditors have a legitimate and important function: to make sure that Illinois employers are paying their fair…
Read MoreHot off the presses! The NLRB just released the news that Peter Sung Ohr has been appointed General Counsel to replace Peter Robb. It’s clear that the Biden administration’s strategy is to deny the pro-business forces at the NLRB the opportunity to make continued changes during the last ten months of Peter Robb’s term. Peter…
Read MoreThe new Biden administration signaled an aggressive approach to changes at the National Labor Relations Board (“NLRB” and/or “Board”). On his first day in office, President Joe Biden made good on a threat to fire National Labor Relations Board General Counsel Peter Robb, who had rebuffed an earlier request to resign. Robb’s firing ends a…
Read MoreDuring this horrible pandemic, there is a concern among employees about the risk of an adverse reaction to the COVID-19 vaccine. Health care professionals are trying to alleviate these fears by emphasizing that any reaction to the COVID-19 vaccine is usually very minor or rare. The Illinois Workers’ Compensation Act, Section 11, states as follows:…
Read MoreEmployers often like to use Severance and Release Agreements when terminating employees because this process brings closure to what could be a potentially litigious situation. A Severance and Release Agreement is a contractual exchange between the two parties: the employer and the employee who is being let go. The employer gives the employee severance (money…
Read MoreOn December 16, 2020, the EEOC issued the anticipated guidance for employers relating to the COVID-19 vaccine. There is nothing particularly surprising in the guidelines. The EEOC confirms that the laws that it administers do not, as a general matter, prohibit an employer from requiring employees to receive the COVID-19 vaccine or from requiring proof…
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