Protecting Employers Since 1985

Federal Law – “Speak Out Act!” – Limits the Use of Non-Disclosure and Non-Disparagement Provisions in Pre-Dispute Employee/Employer Agreements

By Anthony J. Caruso Jr. / March 30, 2023

Effective Date: President Biden signed it into law on December 7, 2022. What It Does: Renders unenforceable non-disclosure and non-disparagement provisions in employee/employer agreements. Type of Agreements: Related to allegation of sexual assault and/or sexual harassment and that are entered into “before the dispute arises.”   “Before the Dispute Arises” Defined: Before a lawsuit is…

Read More

Illinois Employers Be Alert: The CROWN Act Will Protect Natural Hairstyles in the Workplace

By Anthony J. Caruso Jr. / February 1, 2023

On June 29, 2022, Governor J.B. Pritzker signed into law the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act, effective January 1, 2023. What is changed: The CROWN Act amends the Illinois Human Rights Act in an expanded definition of protection due to race. What is the new definition of race: “Race”…

Read More

Major Changes Coming to Non-Compete/Non-Solicitation Restrictive Covenants in Illinois

By Anthony J. Caruso Jr. / September 27, 2021

On August 13, 2021, Governor J.B. Pritzker signed into law major amendments to the Illinois Freedom to Work Act which will become effective January 1, 2022. What is covered: Employment agreements with non-compete and non-solicitation covenants signed after January 1, 2022.  New Salary Requirements: Prohibits non-competes with employees earning less than $75,000 per year. Prohibits…

Read More

Illinois Employers Beware! The Illinois Sick Leave Act Differs from the FMLA as to Covered Family Members and Reasons for Leave

By Anthony J. Caruso Jr. / July 29, 2021

Illinois employers must carefully review their sick leave policies to ensure compliance under both state and federal laws.

Read More

Employers Beware: Illinois Law Amended to Protect Applicants and Employees with Criminal Conviction Record

By Anthony J. Caruso Jr. / June 1, 2021

On March 23, 2021, Governor J.B. Pritzker signed into law amendments to the Illinois Human Rights Act (P.A. 101-656) with regard to criminal conviction records of applicants and employees in the state of Illinois. The amendments took effect immediately, so Illinois employers must become well informed about the new restrictions on the ability of an…

Read More

Illinois Department of Labor Issues COVID-19 Vaccine Guidance to Employers

By Anthony J. Caruso Jr. / March 26, 2021

As the COVID-19 vaccine rollout continues, the Illinois Department of Labor (IDOL) issued in March 2021, the following guidance for employers. Mandatory Vaccination Programs       Wages: If an employer requires employees to get vaccinated, the time the employee spends obtaining the vaccine is likely compensable even if it is non-working time.       Paid Leave: Time…

Read More

COVID-19 Vaccine Alert for Illinois Employers: What if Your Employee Has A Reaction to the Vaccine? Who is Liable?

By Anthony J. Caruso Jr. / January 26, 2021

During this horrible pandemic, there is a concern among employees about the risk of an adverse reaction to the COVID-19 vaccine. Health care professionals are trying to alleviate these fears by emphasizing that any reaction to the COVID-19 vaccine is usually very minor or rare. The Illinois Workers’ Compensation Act, Section 11, states as follows:…

Read More

Illinois Department of Human Rights Issues Guidance Relating to Non-Discrimination in Medical Treatment for COVID-19

By Anthony J. Caruso Jr. / September 4, 2020

Healthcare institutions are prohibited from discriminating against their employees and their PATIENTS under federal civil rights laws, the Affordable Care Act, the Rehabilitation Act, and the Americans with Disabilities Act. Employers in the healthcare field should do the mandatory annual harassment training, as required by the Illinois Human Rights Act focused not only on employee,…

Read More

RESTORE ILLINOIS: Phase 3 Guidelines for Reopening Business and Returning People to Work Safely

By Anthony J. Caruso Jr. / May 29, 2020

Today, May 29, 2020 starts Phase 3 of Restore Illinois for the State of Illinois (excluding Chicago where Phase 3 is scheduled for June 3, 2020). On Tuesday, May 5, 2020, Governor Pritzker released Restore Illinois, a five-phased plan that will reopen Illinois after the stay-at-home order due to COVID-19. To prepare businesses and employers…

Read More

Employee Return to Work Under Covid-19: What Should Employers Do?

By Anthony J. Caruso Jr. / May 27, 2020

Unfortunately, our country along with all countries, are dealing with the pandemic crisis. As the restrictions are gradually being lifted on the stay-at-home orders, businesses will resume operations with limitations. Employers will be recalling employees back to work. What should employers do to protect themselves against potential workers’ compensation claims and other liability issues? The…

Read More

COVID-19 Resources

Stay up-to-date about developments in the Midwest.


Schedule your confidential consultation

Contact Wessels Sherman if you would like to speak with one of our experienced labor and workplace attorneys, contact any of our four office locations and schedule a consultation.