August 2, 2021 | Client AlertIllinois employers are subject to the strictest biometric privacy law in the country. Since its passage in 2008, the Biometric Information Privacy Act (“BIPA”) regulates private employer use of employee biometric information.
There Must be Real “Harm” Before One Can Sue Under FCRA: Good News for Employers Who Perform Background Checks
July 8, 2021 | Client AlertThe United States Supreme Court recently held there must be a “concrete” harm before one can sue under the Fair Credit Reporting Act FCRA.
Illinois Employers Have Bigger Concerns than HIPAA
June 30, 2021 | Client AlertMany of our clients are irrationally fearful of HIPAA. This fear is exacerbated by the fact that some employers collect medical information related to COVID along with vaccination information. Make no mistake, HIPAA compliance is important.
Enforcement of Restrictive Covenants Narrows Further in Illinois
June 10, 2021 | Client AlertSince 2017, Illinois has prohibited employers from imposing non-compete restrictions on “low-wage” employees who earn less than $13.00 per hour. Governor Pritzker is now expected to sign a bill (SB 672), which will further limit the ability of employers to enforce restrictive covenants.
OSHA Flip Flops on Adverse Reactions to COVID Vaccine
June 2, 2021 | Client AlertThe Occupational Safety and Health Administration (“OSHA”) reversed its position on recording employees’ adverse reactions to the COVID-19 vaccine. This reversal is one of many for OSHA throughout the pandemic.
How to Get the COBRA Tax Credits Your Business is Entitled To
May 26, 2021 | Client AlertWe have written a lot about the COBRA Subsidy that is in place from April 1, 2021 to September 30, 2021. We want all our clients to obtain the tax credits they are entitled to. Here is how to do that.
OSHA’S Disappointing Reversal on Recording COVID-19 Infections as Workplace Injuries
May 21, 2021 | Client AlertOSHA’s revised enforcement guidance issued to its Compliance Safety and Health Officers is a 180 degree turnabout from the guidance issued on April 10. OSHA justifies its policy reversal based on three sets of facts: incidence, adaptation, and the return of the workforce. Whether OSHA’s rationale for changing its position is compelling is besides the point. Employers must comply with OSHA’s new directive.
Perhaps Some Relief Under Illinois’ Biometric Information Privacy Act.
May 21, 2021 | Client AlertBIPA opened the flood gates to a wave of employee- based class actions in Illinois. In 2019, following the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Entertainment Corp, this wave of filings became a deluge. In the 148 days following the Rosenbach decision, the Illinois Plaintiff’s bar filed nearly as many BIPA class action suits as they did in the ten years prior to the decision.
If You Provide Sick Leave — It Must Include Personal Care of Certain Family Members.
May 13, 2021 | Client AlertMost employers provide paid sick leave or PTO as a standard benefit. But paid sick leave is not legally required in Illinois with the exception of Cook County. Paradoxically, if your business does provide paid sick leave, that leave is regulated by Illinois law.
Should Employers Encourage or Require COVID Vaccinations?
April 29, 2021 | Client AlertEmployers with vaccinated employees are safer workplaces. Vaccinated employees are 95% less likely to catch COVID-19 than unvaccinated employees. Every vaccinated employee brings employers another step closer to responsibly returning to pre-pandemic business.