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Illinois Employers Have Bigger Concerns than HIPAA 

June 30, 2021 | Client Alert

Many 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 Alert

Since 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’S Disappointing Reversal on Recording COVID-19 Infections as Workplace Injuries

May 21, 2021 | Client Alert

OSHA’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 Alert

BIPA 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.

Should Employers Encourage or Require COVID Vaccinations?

April 29, 2021 | Client Alert

Employers 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.