By now, every Employer in the State of Illinois is aware of the Illinois Supreme Court Decision in the Rosenbach v. Six Flaggs Entertainment Corporation and the State Supreme Court interpretation that, under the context of the Illinois Biometric Privacy Act, a Plaintiff does not need to show an “actual injury” to process a claim,…

The Illinois Department of Human Rights (“IDHR”) is the agency that administers the Illinois Human Rights Act (“IHRA”), the state law that outlaws discrimination, harassment and retaliation by most employers in Illinois. The IDHR’s federal counterpart is the Equal Employment Opportunity Commission (“EEOC”), which administers the federal laws preventing the same type of violations. In…

In Illinois, deductions from paychecks must be done very carefully. Illinois employers need to be aware of the tricky web of laws and regulations which often prevent the employer from simply deducting, unilaterally, from the employee’s paycheck-even when the employer is merely paying the Company back for a loan taken out by the employee. An…

Regardless of whether it passes, the passage of the Amendment will not be a “Get Out of Jail Free Card” for Employers who are currently involved in BIPA Class Action Litigation (over 200 lawsuits that are currently pending). Of course, it, if passed, would have huge ramifications in minimizing further legal liability. WHAT EMPLOYERS SHOULD…

The Illinois Biometric Information Privacy Act (“BIPA”) is yet another Illinois law drafted with ambiguities which beg, unfortunately, for litigation. Where a statute is drafted with holes of ambiguity, (and this one has many), it is up to the judiciary to fill those voids, and that, of course, means costly litigation. One ambiguity was recently…

Illinois is joining a growing number of States (e.g. California; Connecticut; Minnesota; New Jersey, and New York) in enacting specific legislation designated to address workplace violence in the Healthcare Industry. Effective January 1, 2019, the Health Care Violence Prevention Act (210 ILCS 160/1, et seq.) has become effective in the State of Illinois and mandates…

For some reason unknown to me (it can’t possibly be my imminent 60th birthday), I have been receiving solicitations from the State Bar’s “Senior Lawyers Division.” Though I would like to think it is based on my vast experience, I have reason to believe it is more “temporal” in nature. So that got me thinking……

Over the past few years, the author has written a “Holiday Article” to provide some guidance/legal insight into the somewhat complicated “Business Holiday Party”. I have received numerous suggestions and/or recommendations (and some good natured kidding), but I am not deterred! It is never too early to begin planning for the Holiday Season of Calendar…