Illinois Adds Stronger Rights and Safety Protections for Day and Temporary Workers
On May 19, 2023, the Illinois General Assembly passed substantial amendments to the Day and Temporary Labor Services Act, 820 ILCS 175, through House Bill (HB) 2862. The amendments expand the rights of day and temporary workers and mandate increased safety oversight by both day and temporary labor service agencies and third-party clients that utilize such workers.
Illinois increases Medicaid asset limit to $17,500 or did it?
Until recently, if someone had one dollar over the $2,000 asset limit, they would not qualify for Medicaid in Illinois. Most states have a similar asset limit. However, seemingly out of the blue, word recently began to spread around the Elder Law community that Illinois was raising this asset limit to $17,500.
Fair Juries
High-profile jury trials have catapulted concerns about jury fairness to the center of public consciousness. The public demands—and deserves—fairness from its juries. Despite the jury’s sound performance in most cases, we can do better.
The Cost of Aging is Astronomical: A Deeper Look at How to Afford to Live Out Your Golden Years
The enactment of the Affordable Care Act (also known as “Obamacare”) was a pivotal moment for many Americans struggling to afford health care costs. However, the only public “insurance” plan for long term institutional care is Medicaid.
The FTC’s M&A Exception in its proposed Non-Compete Clause Rule
In January 2023, the Federal Trade Commission (the “FTC”) proposed the Non-Compete Clause Rule (the “Proposed Rule”).* The Proposed Rule would, among other things, provide the following:
Has Your Business Attorney Met Your Estate Planning Attorney?
Every business should have documentation that confirms its ownership, management, and governance structures.
Illinois Legislature Advances Proposed Amendment to Right to Privacy in the Workplace Act
On May 8, 2023, the Illinois legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from any Employment Eligibility Verification Systems, including E-Verify, of a discrepancy between an employee’s name or social security number.
Legislative Momentum on Work-Life Balance
In July 2022, Zaid Khan posted a TikTok video1 that quickly went viral. In the video, he explains that he “recently learned about [the] term . . . ‘quiet quitting,’” which refers to “not outright quitting your job, but . . . quitting the idea of going above and beyond.”“[Y]our worth as a person is not defined by your labor,” he concludes.
Developments in the Law — Labor and Employment
This month marks the fifty-fifth anniversary of the assassination of Dr. Martin Luther King, Jr.1 History remembers Dr. King as the nonviolent leader of the civil rights movement in America.
Workplace Violence: Recent Events Are Another Tragic Reminder for Employers
As has been the case too many times in the past, at least one of the recent tragic mass shootings that has been in the headlines involved a workplace shooting. The employee who committed this violence came to work with an AR-15 style rifle that he had recently purchased. Some press reports indicate that he had learned he would soon be discharged, but whether this is accurate is unclear.
Illinois Supreme Court Holds Five-Year Limitations Period Applies To All BIPA Claims
The Illinois Supreme Court settled the statute of limitations question on the Illinois Biometric Information Privacy Act (BIPA) once and for all. In Tims v. Black Horse Carriers, Inc., Illinois’s highest court held on Feb. 2 that all violations of BIPA will receive a five-year statute of limitations resolving the dispute between the trial and appellate court.
Non-Compete No More? FTC Proposes Broad Ban of Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a proposed ruling that would essentially ban noncompete agreements across the country. This proposed ruling is based on a finding that noncompete agreements constitute an unfair method of competition and violate Section 5 of the Federal Trade Commission Act.
Illinois High Court Allows Biometric Privacy Claims to Go Back Five Years
A plaintiff has her fingerprints forever. But she doesn’t have forever to file a lawsuit for improper retention, deletion, collection, or use of her fingerprints. For years, Illinois courts have been perplexed on what statute of limitations applies to different claims under the Illinois Biometric Information Privacy Act (“BIPA”).
Illinois Paid Leave for All Workers Act is Ready for Governor’s Signature
Governor J.B. Pritzker has indicated he intends to sign the Illinois Paid Leave for All Workers Act that passed both houses of the legislature on January 10, 2023. The Act will entitle covered employees to earn and use up to 40 hours of paid leave in each 12-month period of their employment and go into effect on January 1, 2024.
Risky Business: Addressing the Legal Risks of Workplace Romance
Valentine’s Day is an appropriate time to think about how to deal effectively with workplace romance. Real-life workplaces rarely reflect movie scenarios.
IRS Proposed Regulations Would Permanently Allow Remote Witnessing of Spousal Consent
The IRS issued new proposed regulations that would permanently change the rules that require spousal consent for plan distributions to be signed in the physical presence of a notary or plan representative.
Employee Requests to Work Remotely While Abroad: Considerations for Employers
In the wake of the pandemic and global adoption of teleworking, an increasing number of employees are looking to work remotely abroad. Unfortunately, the law is not as flexible as technology.
What We Ask of Law
A minimal, reasonably uncontroversial demand of any legal system is that it should stabilize a polity against both the chance hazards of ordinary violence and sudden blows of extraordinary, destabilizing misfortune.
State Law Roundup: 2022 Year-End Edition
With 2022 now in the past, employers should ensure they are aware of the multitude of new and changed laws that have gone into effect (or will be going into effect shortly) to ensure compliance as we kick off 2023.
Illinois Condominium Act: Supreme Court Refuses to Acknowledge New Private Right of Action for Sellers
Reversing the decisions of the Circuit and Appellate courts, the Illinois Supreme Court entered an opinion holding that section 22.1 of the Illinois Condominium Act does not imply a private right of action in favor of condominium-unit sellers.