IL – ManagEase

March Updates

March 17, 2020/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

Second Circuit: ERISA Plans Can Be Modified Absent Fraud or Mistake
10th Circuit: Colorado Home Healthcare Workers are Not Entitled to Overtime
California: Wage and Hour Concerns for Coronavirus
California: Emergency Wildfire Smoke Regulations Renewed Again
Denver, CO: Anti-Discrimination Protections Expanded
District of Columbia: Notice Requirements for Paid Family Leave
Illinois: Guidance Issued on Sexual Harassment Requirements
Minneapolis, MN: Local Minimum Wage Law is Given a Green Light
St. Louis, MO: Ban-the-Box in Effect for Private Employers
New Mexico: Workers’ Comp Claim Doesn’t Apply to Tribal Casino
New York: Statewide Salary History Ban FAQs
New York City, NY: Contractors/Freelancers Must Receive Anti-Harassment and Discrimination Protection & Training
Philadelphia, PA: Salary History Inquiry Ban is Back in Effect
Columbia, SC: Criminal and Salary History Ordinance No Longer Applies to Private Employers

Illinois: Complying with the Illinois AI Video Interview Act

December 4, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers

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August 9, 2019

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A few months ago, the Illinois legislature unanimously passed HB 2557, the Artificial Intelligence Video Interview Act (the Act). This bill addresses employer use of AI in the recruiting/hiring process, namely, AI used to analyze applicants in video interviews. The bill imposes a number of responsibilities on employers to provide notification, information, and obtain authorization from applicants who will be subject to AI analysis. The Act applies to employers who are seeking to fill a position in Illinois.

Seventh Circuit: ADA Reasonable Accommodation and Discrimination Claims Tempered by Employee Behavior

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL, IN, and WI Employees

EFFECTIVE

July 23, 2019

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(888) 378-2456

In Graham v. Artic Zone Iceplex, LLC, a former employee claimed a violation of the Americans with Disabilities Act (ADA) by the employer for (1) failure to provide reasonable accommodations of his disability, and (2) terminating him due to his disability. The Court explained that identifying a “reasonable accommodation” for an employee requires input from both employee and employer, and is a collaborative effort. This includes notice by the disabled employee to the employer if an accommodation provided does not meet the employee’s needs. If the employee fails to provide sufficient information in this regard, the employer cannot be held liable for failing to accommodate the employee.

Illinois: Amended Act Expands Equal Pay Protection, Bans Salary History Inquiries

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL Employees

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September 29, 2019

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(888) 378-2456

HB 834 amends and expands upon the existing Illinois Equal Pay Act (IEPA), incorporating new, important changes for employers. The amendments include changes to equal pay provisions, anti-retaliation protections, and a prohibition on salary history inquiries.

Illinois: Expanded Protections for Organ Donors on Leave

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL Employees

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January 1, 2020

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Illinois’s existing Organ Donor Leave Act has been amended by the Living Donor Protection Act (HB 2847). Specifically, the amendments add anti-retaliation protections designed to discourage adverse employment actions from being taken against employees who request leave.

Chicago, IL: Predictive Scheduling Law Coming Next Summer

September 27, 2019/0 Comments/in HR Alerts /by ManagEase

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Certain Employers with Chicago, IL Employees

EFFECTIVE

July 1, 2020

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(888) 378-2456

The Chicago Fair Workweek Ordinance was recently passed by the City Council, which will require employers to provide advance notice of work schedules to lower income employees in certain industries. Specifically, the Ordinance applies to employers with 100 or more employees globally (250 employees for non-profit organizations), 50 of which meet the eligibility requirements. Employees are eligible for protection under the Ordinance if they primarily work in Chicago, earn no more than $50,000 per year in salary or $26 per hour as an hourly worker, and work in building services, healthcare, hotel, manufacturing, restaurant, retail, or warehouse services industries.

Seventh Circuit: Obesity is a Disability Under the ADA Under Limited Circumstances

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL, IN, and WI Employees

EFFECTIVE

June 12, 2019

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(888) 378-2456

In Richardson v. Chicago Transit Authority, the Seventh Circuit Court of Appeal stated that obesity would only be considered a disability under the Americans with Disability Act (ADA) if the obesity is caused by a physiological disorder or condition. This decision aligns the Seventh Circuit with the Second, Sixth, and Eighth Circuit courts.

Generally, employers covered by the ADA are required to provide disabled employees with reasonable accommodations that will allow the disabled person to perform the essential function of their job. Richardson provides employers with guidance on how the ADA applies to obesity. If an obese individual’s condition prevents them from performing essential job duties, or threatens the safety of others, employers may still need to engage in the interactive process to determine if the individual’s condition qualifies under the ADA or other state or local laws.

Action Items

Review interactive process procedures for consistency with this ruling.
Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

Illinois: Get Ready for Marijuana Legalization in 2020

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL Employees

EFFECTIVE

January 1, 2020

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(888) 378-2456

Illinois is the eleventh state in the nation to legalize marijuana for recreational use, and the first to approve commercial sales of the drug. House Bill 1438, or the “Cannabis Regulation and Tax Act,” also amends the statewide Right to Privacy in the Workplace Act to explicitly identify marijuana as a lawful product in Illinois.

March Updates

March 7, 2019/0 Comments/in HR Alerts /by ManagEase

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Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:

U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
California: Guidance on New Agricultural Overtime Pay Requirements
Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
Florida: Miami Beach Minimum Wage Struck Down
Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
Minneapolis, MN: Minimum Wage Increase Approved
New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
Westchester County, New York: Bans the Box
Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
West Virginia: Federal Law Enforcement Pension Freed From State Taxes

Seventh Circuit: ADEA Disparate Impact Protections Do Not Apply to Job Applicants

February 7, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL, IN, and WI Employees

EFFECTIVE

January 23, 2019

QUESTIONS?

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(888) 378-2456

In Kleber v. CareFusion Corporation, the Seventh Circuit Court of Appeal stated that the disparate impact protections under the Age Discrimination in Employment Act (ADEA) do not apply to job applicants who are not current employees. Specifically, Section 4(a)(2) of the ADEA specifically states that it applies to “employees.” There, a job posting indicated a position available for an individual with “3 to 7 years (no more than 7 years)” of experience. A 58-year old applicant did not get an interview, and sued for disparate impact under the ADEA because the stated experience requirement necessarily excluded him due to his age.

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