Published: March 1, 2016

Chicago has just amended its Human Rights Ordinance to address discrimination targeting current and former members of the military. Effective March 16, 2016, the City of Chicago will prohibit employment discrimination on the basis of military status.

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Published: August 20, 2013

In a somewhat surprising development, the Illinois Appellate Court recently ruled that restrictive covenants are not enforceable if an employee has worked less than two (2) years for the employer seeking enforcement, unless that employee has received special, additional consideration beyond being hired for agreeing to the restriction. Fifield v. Premier Dealer Services (Illinois Appellate Court, 1st District, June 24, 2013).

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Published: August 10, 2012

On August 1, 2012, Illinois Governor Pat Quinn signed into law a bill that prohibits employers from requesting or requiring employees or prospective employees from providing “any password or other related account information” to gain access to the individual’s social networking account. Ill. Public Act 097-0875. By enacting the legislation, Illinois joins Maryland as states that prohibit employers from obtaining social media account password information. The law amends the Illinois Right to Privacy in the Workplace Act, 820 ILCS 55, and is effective January 1, 2013.

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Published: March 6, 2012

Arnstein & Lehr Chicago Partner Jason Tremblay’s recently published 2012 edition of the handbook, Employment Law Toolkit for Illinois Employers, is now available. The handbook is a comprehensive resource highlighting the significant employment and labor issues facing Illinois employers. It provides practical and cost-effective advice on avoiding employment and labor-related liability and complying with state and federal laws facing employers.

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Published: December 13, 2011

On December 1, 2011, the Illinois Supreme Court issued an opinion in Reliable Fire Equipment Company v. Arnold Arrendondo, et al. that set forth the factors that the Illinois courts should look to in evaluating the reasonableness of non-competition agreements. The Court reaffirmed that a non-competition agreement is reasonable only if the following the following four conditions are met:

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Published: September 30, 2011

In what appears to be another example of cracking down on the improper use of independent contractors, the U.S. Department of Labor (“DOL”) recently announced it is entering into agreements with the IRS, as well as some state agencies (including Illinois state agencies), to share information regarding employers who have improperly classified employees. The DOL maintains that these arrangements are necessary to share information and coordinate law enforcement with the participants to end the practice of misclassifying employees.

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Published: September 29, 2011

Jason Tremblay recently obtained the reversal of several Wage Payment Demands issued by the Illinois Department of Labor (“IDOL”) on behalf of a client. The client was an assignee for the benefit of the creditors of an Illinois company that was financially distressed. Instead of filing a bankruptcy, the company elected to conduct an assignment for the benefit of creditors. In that regard, the assignee continued to wind down the operations of the business in order to liquidate assets and to pay off creditors of the company.

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Published: August 29, 2011

In a case of first impression, the Northern District of Illinois recently held in Bell v. Village of Streamwood (Case No. 10 C 3263) that an employee-union representative privilege exists as a matter of federal common law.

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Published: August 12, 2010

While the use of pre-employment credit checks has increased over the past few years, on August 10, 2010, Illinois Governor Pat Quinn signed into law the Illinois Credit Privacy Act (“ICPA”). The ICPA significantly limits Illinois employers’ ability to obtain any credit history information for employment applicants, as well as for current employees. The ICPA applies to virtually all Illinois employers, only excluding banks and financial institutions, insurance companies, state law enforcement units, state and local government agencies and debt collection agencies.

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Published: March 10, 2010

Illinois businesses should be aware that Illinois House Bill 4923 would radically alter the law regarding non-competition agreements in Illinois by creating the Illinois Not to Compete Act.  This Act would restrict the enforceability of non-competition agreements in several key respects and create numerous rebuttable presumptions in favor of employees that would make it more difficult for employers to enforce non-competition agreements in Illinois.

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