http://www.elinfonet.com/starticles/14 Articles discussing workplace law in Illinois. Sun, 20 Jul 2008 01:07:04 EST en-us http://www.elinfonet.com/newscount.php?stateID=2138 Article: 2138 Fri, 14 Mar 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The price tag for employment discrimination just went up. Effective January 1, 2008, employees who bring discrimination or harassment claims under the Illinois Human Rights Act, 755 ILCS 5/101, et seq., will have access to the Illinois state court and, perhaps more importantly, jury trials. This is a major change for employment disputes in Illinois and will affect both employees and employers. http://www.elinfonet.com/newscount.php?stateID=2061 Article: 2061 Tue, 15 Jan 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) As of January 1, 2008, Illinois employers could face fines if they fail to prevent their employees from smoking in the workplace. Specifically, the “Smoke Free Illinois Act” requires, among other things, employers to prohibit any person from smoking in any place of employment or within 15 feet of any entrance to a place of employment. Further, the Act requires employers to clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbols in the workplace, post signs at every entrance to the workplace stating that smoking is prohibited, and remove all ashtrays from the workplace. The Act prohibits retaliation against employees who report a violation of the Act or participate in an investigation of a violation of the Act. While the Act does not require employers to provide an outdoor smoking shelter for employees, it does require existing shelters and ashtrays to be moved in accordance with the 15 foot rule. There are several exemptions outlined in the Act. http://www.elinfonet.com/newscount.php?stateID=2051 Article: 2051 Thu, 10 Jan 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Illinois has become the 22nd state in the country with a statewide ban on smoking in places of employment. The Smoke Free Illinois Act, which became effective on January 1, 2008, prohibits smoking in public places, places of employment, and government vehicles, with fines for individuals and establishments found in violation of the Act. 410 ILCS 82/1 et seq. http://www.elinfonet.com/newscount.php?stateID=2037 Article: 2037 Fri, 28 Dec 2007 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Department of Homeland Security ("DHS") Secretary Michael Chertoff has announced that the State of Illinois has agreed not to enforce a statute that "effectively forbids Illinois employers from enrolling in the department's E-Verify system." Illinois, therefore, will not enforce the statute, which was to become effective on January 1, 2008, until a lawsuit brought by DHS is resolved. http://www.elinfonet.com/newscount.php?stateID=2032 Article: 2032 Fri, 21 Dec 2007 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) HR professionals and in-house counsel are often faced with the challenging task of getting out from under commitments in old employee handbooks, such as promises of progressive discipline, discharge only “for cause” or tenured employment. The Illinois Supreme Court and the U.S. Court of Appeals for the Seventh Circuit ruled in the late 1990s that an employer could not revoke such “employment contracts” by unilaterally implementing a revised handbook containing “atwill” disclaimers. Nor would the mere continuation of employment under a revised handbook provide suffi cient consideration for conversion to at-will employment status. http://www.elinfonet.com/newscount.php?stateID=2017 Article: 2017 Tue, 11 Dec 2007 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Illinois employers be aware: amendments to the Illinois Human Rights Act now allow employees to commence civil actions in a circuit court. In May 2007, the Illinois Senate and House passed House Bill 1509, and Governor Rod Blagojevich signed the bill into law on August 17, 2007. The amendments will go into effect on January 1, 2008. http://www.elinfonet.com/newscount.php?stateID=2014 Article: 2014 Thu, 06 Dec 2007 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Last August, Gov. Blagojevich signed an amendment to the Illinois Human Rights Act that made significant changes to the State's employment law landscape. The changes go into effect on January 1, 2008, and will have considerable implications for Illinois employers. http://www.elinfonet.com/newscount.php?stateID=1985 Article: 1985 Mon, 29 Oct 2007 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Contractors and subcontractors in Illinois were recently equipped with a new legal tool to encourage timely payments from upstream parties. Earlier this year, the Illinois General Assembly passed the Contractor Prompt Payment Act, Public Act 95-0567, which became effective for contracts entered on or after August 31, 2007. The Contractor Prompt Payment Act (the “Act”) provides deadlines for approval and payment of pay applications for (1) contractors seeking payment from owners; and (2) subcontractors seeking payment from contractors and penalties for non-compliance. http://www.elinfonet.com/newscount.php?stateID=1959 Article: 1959 Wed, 26 Sep 2007 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Governor Blagojevich recently signed into law H.B. 1509, an amendment to the Illinois Human Rights Act (IHRA). The amendment, which becomes effective on January 1, 2008, gives complainants the option to file a civil action in state circuit court rather than filing a complaint with the Illinois Human Rights Commission ("the Commission"), which is currently the only option. Proponents praise the amendment for bringing Illinois in line with both the federal system and the thirty-eight other states that have adopted similar procedures. Opponents, however, believe that the changes will significantly increase the time and money spent on prosecuting and defending these claims, as well as place an added burden on the already over-worked courts. http://www.elinfonet.com/newscount.php?stateID=1953 Article: 1953 Tue, 18 Sep 2007 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Employees making claims of discrimination or harassment under state law in Illinois have been limited to litigating their claims in an administrative forum - the Illinois Human Rights Commission. However, that limitation will soon end, due to important amendments recently made to the Illinois Human Rights Act. Beginning next year, for the first time, employees will be able to sue employers for discrimination or harassment in Illinois state courts. Illinois employers now face the prospect of defending their actions before juries.