Protecting Employers Since 1985

Illinois Employers Beware! Don’t Take Your Employee’s Tips! It is Illegal Under Illinois Law

By Anthony J. Caruso Jr. / February 25, 2020

Effective January 1, 2020, the Illinois Wage Payment and Collection Act has been amended regarding employee tips/gratuities. The provisions of the law states as follows: Gratuities to the employees Property of the employees – not the employer. Gratuities must be paid to the employee not more than 13 days after the pay period; otherwise it…

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Illinois Employers Have New Restrictions on the Use of Arrest Records in Employment Decisions

By Anthony J. Caruso Jr. / January 24, 2020

Effective January 1, 2020, the Illinois Human Rights Act has been amended regarding the use of arrest records by employers. Unless otherwise authorized by law, it is a civil rights violation under the Illinois Human Rights Act to use arrest records in employment decisions. Covered entities: Any employer, employment agency or labor organization as defined…

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Can an Illinois Employer have a ZERO TOLERANCE Policy for Marijuana (Cannabis)?

By Anthony J. Caruso Jr. / December 25, 2019

On December 4, 2019, Governor J.B. Pritzker signed legislation amending the Cannabis Regulation and Tax Act (Cannabis Act) commonly known as the Recreational Marijuana Law. The amendments seem to allow employers to test applicants or do random testing of employees for a positive result of marijuana and take action against such individuals on a “zero…

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Alert: Pending Legislation in Illinois Would Impose Huge Impact on Sexual Harassment Claims on all Employers

By Anthony J. Caruso Jr. / June 10, 2019

On April 11, 2019, the Illinois state Senate passed Senate Bill 1829, also known as the Workplace Transparency Act. If passed by the Illinois House of Representatives and if signed by the Governor, this Act would impose new requirements and limitations with respect to harassment and discrimination claims on Illinois employers. As of May 10,…

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Alert: Pending Legislation in Illinois to Require Sexual Harassment Training of all Restaurant Employees

By Anthony J. Caruso Jr. / April 4, 2019

On February 15, 2019, a proposed bill was introduced in the Illinois House by State Representative Ann M. Williams. This legislation is called the Restaurant Anti-Harassment Act. As of March 29, 2019, this bill is pending before the Rules Committee. What would the Restaurant Anti-Harassment Act REQUIRE? · Restaurants would be required to have an…

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Legislative Update: Key Changes to the Illinois Human Rights Act New Employee Rights and New Requirements for Employers

By Anthony J. Caruso Jr. / January 25, 2019

On June 8, 2018 and August 24, 2018 respectively, Governor Bruce Rauner signed into law a number of amendments to the Illinois Human Rights Act which in the State of Illinois regulates discrimination claims due to a protected category, disability or sexual harassment claims. New Employee Rights The time to file a charge before the…

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Illinois Employer Alert: Two New Posters Required in the Workplace

By Anthony J. Caruso Jr. / December 18, 2018

It is time to put up two new posters in the workplace if you are an Illinois employer. ILLINOIS SERVICE MEMBER EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (ISERRA) On August 26, 2018, Governor Rauner signed into law the Illinois Service Member Employment and Reemployment Rights Act (ISERRA) which takes effect January 1, 2019. This new law…

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What Policies Should A Company Have in Their Employee Handbook?

By Anthony J. Caruso Jr. / October 22, 2018

An employee handbook provides communication between employer and employee as to the rights and responsibilities of each party. It is the basis for the terms and conditions of the relationship What types of policies should be in the employee handbook of Illinois employers? Below is a list of examples: Employment Relationship Policy Discrimination/Harassment/Violence/Bullying Policies Compensation…

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New Law Creates Online Complaint System for Misclassification of Workers as Independent Contractors Rather than Employees

By Anthony J. Caruso Jr. / September 17, 2018

On September 22, 2017, Illinois Governor Bruce Rauner signed new legislation (effective July 1, 2018) called the Illinois Employee Misclassification Referral System Act. This law requires the Illinois Department of Labor to create an online misclassification referral system on the DOL website. As such, the misclassification complaint may be automatically referred to the Illinois Department…

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Why a Handbook? The Necessity of Having an Employee Handbook

By Anthony J. Caruso Jr. / August 28, 2018

An employee handbook provides communication between employer and employee. It sets forth the requirements for employees and notifies them what they can expect from your Company as to legal obligations along with employee rights. Also, a written Equal Employment Opportunity statement gives protection to employers. What should an employer consider in an employee handbook? Keep…

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