Illinois – Page 2

Illinois: New Accommodations for Lactating Mothers

September 10, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with 5 or more IL Employees

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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

June 8, 2018/0 Comments/in HR Alerts /by ManagEase

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

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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

June 8, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL, IN, and WI Employees

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April 26, 2018

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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.

Seventh Circuit: Defines Application of the Ministerial Exception in Discrimination Claims

March 6, 2018/0 Comments/in HR Alerts /by ManagEase

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February 13, 2018

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In Miriam Grussgott v. Milwaukee Jewish Day School, Inc., the Seventh Circuit Court of Appeal used a “totality of circumstances” approach to determine that a Hebrew teacher’s position was ministerial in nature, rendering her ineligible to pursue an employment discrimination claim under the Americans with Disability Act.

In 2012, the U.S. Supreme Court used four factors to determine whether an employee’s role is ministerial: (1) formal job position title, (2) substance of the position based on the title, (3) the employee’s use of the title, and (4) the religious functions the employee performed for the religious institution. Here, the Seventh Circuit Court of Appeal used these factors to analyze the employee’s claim, and indicated that the factors must be reviewed under the totality of the circumstances. Specifically, although the employee’s job title of “Hebrew teacher” was not ministerial nor did she hold herself out as a religious leader, when looking at the totality of the circumstances, the court stated that the facts supporting the substance of the job title and her actual job functions outweighed those considerations.

The Seventh Circuit’s decision emphasizes the need to clearly communicate an employee’s job title, duties, and the organization’s expectations.

Action Items

Have job descriptions reviewed for consistency with ministerial duties, if applicable.
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: Appellate Court Ruling May Stem Tide of Biometric Class Action Lawsuits

February 5, 2018/0 Comments/in HR Alerts /by ManagEase

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December 21, 2017

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Illinois’s Biometric Information Privacy Act (“BIPA”) was implemented to help safeguard individuals’ biometric data, such as fingerprint scans, like those used in biometric time clocks. Employers are required, among other things, to comply with certain notice and consent elements before obtaining employee biometric data.

In Rosenbach v. Six Flags Entertainment, the Illinois Appellate Court stated that a person can only claim a violation of BIPA if an “actual injury, adverse effect, or harm” occurred. Thus, a technical violation when collecting biometric data is not actionable. Employers have been subject to a wave of class action lawsuits alleging violations of BIPA, and this case may turn the tide. Regardless, employers who implement biometric security protocols should nevertheless obey the notice and consent provisions of BIPA.

Action Items

Review biometric time clock and scanning process for compliance with BIPA.

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: Responsible Job Creation Act Imposes New Requirements for Staffing Agencies

November 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers of IL Employees

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June 1, 2018

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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:

Seventh Circuit: Additional Months of Leave after FMLA not a Reasonable Accommodation

October 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers of IL, IN, WI Employees

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September 20, 2017

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Employers may already know that certain types of leaves of absence may qualify as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). However, the Seventh Circuit recently confirmed that an employee’s request to take additional months of leave after exhausting his FMLA allotment was not a reasonable accommodation under the ADA.

October Updates

October 6, 2017/0 Comments/in HR Alerts /by ManagEase

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Varies

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Varies

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This Short List addresses the following topics:

U.S Federal Contractor Updates
Alabama: City of Birmingham Approves Nondiscrimination Ordinance
California: Cal/OSHA Says Federal OSHA Reporting Requirements do not Apply to CA Employers
Illinois: Amendments to the Illinois Human Rights Act Codify Religious Garb Protections
Kentucky: Supreme Court Permits Wage and Hour Class Actions
New York: 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods
Texas: New Leave Protection for Foster Parents and Preference for Veterans in Employment
Wisconsin: Court of Appeals Upholds “Right to Work” Law

Seventh Circuit is the First Federal Court of Appeals to Recognize Sexual Orientation as a Federally Protected Class

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL, IN, and WI Employees

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April 4, 2017

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In Hively v. Ivy Tech Community College, hearing the case en banc, the Seventh Circuit became the first federal court of appeals to determine that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The court stated that “it is impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”

This landmark decision effectively prohibits discrimination and retaliation against applicants and employees on the basis of sexual orientation under federal law.

Cook County, Illinois: Newly Mandated Countywide Paid Sick Leave

November 2, 2016/0 Comments/in HR Alerts /by ManagEase

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All Employers with Cook County, IL Employees

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July 1, 2017

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Following shortly after Chicago’s recent minimum wage and paid sick leave ordinance comes Cook County’s countywide Earned Sick Leave Ordinance (the “Ordinance”). This encompasses the city of Chicago and is the first county in the Midwest to issue a far-reaching ordinance. Note that this paid sick leave (“PSL”) mandate will also be affected by the state of Illinois’s recent Employee Sick Leave Act.

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