Posts

Seventh Circuit: Fair Credit Reporting Act Pre-Adverse Action Requirements Are Actionable

APPLIES TO

Employers with IL, IN, WI Employees

EFFECTIVE

August 29, 2018

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Contrary to the Ninth Circuit’s recently ruling, the Seventh Circuit Court of Appeal stated that an employer’s failure to provide a copy of an applicant’s background check report and notice of rights under the Fair Credit Reporting Act (FCRA) gives an applicant standing to sue the employer, because it amounts to an allegation of being deprived a chance to benefit. Employers are required to provide the report and notice to applicants under the FCRA so that they may have the opportunity to contest the accuracy or completeness of the information.

Illinois: New Accommodations for Lactating Mothers

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Employers with 5 or more IL Employees

EFFECTIVE

August 21, 2018

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Governor Rauner recently signed HB 1595 revising employer requirements for accommodating lactating mothers. Specifically, employers must now provide “reasonable break time” each time an employee needs to expresses milk for up to one year after the child’s birth, unless doing so would create an “undue hardship” on the employer. Employers have the burden to prove an undue hardship based on the nature and cost of the accommodation, overall financial resources of the facility and employer, and type of operation of the employer. Further, the employee’s break time “may” run concurrently with break time already provided, but is not required to.

Upcoming Minimum Wage Increases

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Certain Employers with Employees in CA, DC, IL, ME, MD, MN, OR

EFFECTIVE

July 1, 2018

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Minimum wage increases typically fall into the beginning or middle of each calendar year, with many states or localities increasing minimum wage rates in July.  Below is a short list of localities with upcoming minimum wage increases effective July 1, 2018.

Seventh Circuit: ADEA Applies to Employees and Job Applicants

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All Employers with IL, IN, and WI Employees

EFFECTIVE

April 26, 2018

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(888) 378-2456

In a split from an Eleventh Circuit ruling last year, the Seventh Circuit Court of Appeals recently stated that the Age Discrimination in Employment Act of 1967 (“ADEA”) provides protections not only to current employees aged 40 or older, but to similarly situated job applicants as well.

Illinois: Responsible Job Creation Act Imposes New Requirements for Staffing Agencies

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All Employers of IL Employees

EFFECTIVE

June 1, 2018

QUESTIONS?

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(888) 378-2456

The Responsible Job Creation Act (the “Act”) creates new obligations for staff agencies, including the requirement to place temporary workers into permanent positions, new notice requirements regarding work placements, changes to itemized wage statements, and more.  The Act amends the Day and Temporary Labor Services Act and includes the following provisions: