Categories
Harassment

Finally! The Illinois Department Of Human Rights Has Posted Helpful Information About Their Upcoming Sexual Harassment Prevention Training Module!

Finally! The Illinois Department Of Human Rights Has Posted Helpful Information About Their Upcoming Sexual Harassment Prevention Training Module!

By Nancy E. Joerg of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Harassment on Friday, February 21, 2020.

Under the Illinois Workplace Transparency Act, ALL Illinois employers are now legally required to train every employee each calendar year. This new law became effective on January 1, 2020. By December 31, 2020, Illinois employers must have trained all their employees.

Every employer with employees working in the State of Illinois (even if the employer has only one employee) must provide sexual harassment prevention training to their employees annually.

ALL EMPLOYEES REGARDLESS OF STATUS MUST BE TRAINED: Employers are required to train all employees, including short term employees, part-time employees and interns as well as regular full-time employees.

IDHR’S FREE TRAINING WILL BE AVAILABLE SOON: Many clients have been asking when the Illinois Department of Human Rights (IDHR) will offer the promised model sexual harassment prevention training. According to the IDHR’s website, the model training will be available to download online free of cost in February 2020.

INDEPENDENT CONTRACTORS: The IDHR website notes that employers are not required to train independent contractors. But the website also states: “It is strongly advised that independent contractors receive training if they are working on-site at an employer’s workplace or interact with the employer’s staff.”

RECORDS OF TRAINING: Per the IDHR website, employers are required to keep a record of all training. The record can be a certificate or a signed employee acknowledgement or course sign-in worksheet. The records may be paper or electronic. Such records must be made available for IDHR inspection upon request.

ACCESSIBLITY: If employees have disabilities or speak a language other than English, employers must train employees in a manner that is “accessible to them.”

TRAINING OUTSIDE OF REGULAR HOURS: Also noted on the IDHR website, if an employer requires an employee to take training outside their regular hours (for example, on their personal phones or laptops before the start of a shift), those employees must be paid for their time.

RESTAURANTS AND BARS MUST PROVIDE SUPPLEMENTAL TRAINING: Every restaurant and bar, as defined under Section 2-110 of the Illinois Human Rights Act (“IHRA”), is required to provide all employees with annual “supplemental” sexual harassment prevention training that complies with Section 2-110 of the IHRA. (This is in addition to the sexual harassment prevention training required of all Illinois employers.)

CIVIL PENALTY FOR FAILURE TO COMPLY: Any employer who fails to provide the mandated annual sexual harassment prevention training is in violation of the Illinois Human Rights Act. Employees can file a complaint by calling the IDHR to report their employer’s failure to provide such training. Failure to comply can result in the IDHR imposing a civil penalty on the employers.

These are just some of the key points of the much more detailed information currently posted on the IDHR’s website.

For questions about legally mandated sexual harassment prevention training, contact Attorney Nancy E. Joerg who can be reached at Wessels Sherman’s St. Charles, Illinois office: 630-377-1554 or email her at najoerg@wesselssherman.com.

Related Posts: Internal Harassment Complaints, Seventh Circuit Decision-Use Of The “N-Word”, Illinois Workplace Transparency Act, Alert: Pending Legislation in Illinois Would Impose Huge Impact on Sexual Harassment Claims on all Employers

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Categories
Wage and Hour

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

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

By Anthony J. Caruso Jr. of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Wage and Hour on Tuesday, 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 is a violation of the law.

Exceptions under the law

  • Employer can withhold gratuities paid by credit card in a proportional amount of any credit card processing fee unless the fee exceeds the tip.
  • Employees are permitted by the law to do tip pooling.
  • The amendments do not change an employer’s allowance for gratuities to the extent permitted under minimum wage laws.

Based upon the above, Illinois employers should be careful in paying tips to their employees.

Questions? Contact Attorney Anthony J. Caruso, Jr., in our St. Charles office at (630) 377-1554 or by email at ancaruso@wesselsssherman.com

Related Posts: Get Ready! Some Chicago Employers Must Soon Predict Work Schedules Under City of Chicago Ordinance!, Chicago Fair Workweek Ordinance, Summer Interns Still an Option?, DOL Rolls Out Proposed Overtime Revisions

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Categories
Other

Illinois Equitable Restrooms Act

Illinois Equitable Restrooms Act

By Walter J. Liszka of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Other on Monday, February 17, 2020.

As of January 1, 2020, all single occupancy-one person restrooms in a “place of public accommodation or public building” need to be identified as all-gender accessible and designated for use by no more than one person at a time or by a family unit. Simply stated, this means that the commonly used signage representing that a restroom is for use by women and/or men must be removed and replaced with gender-neutral signage.

Many employers may be wondering-does this law apply to us? And the answer to that question is most likely. The Illinois Human Rights Act broadly interprets the term “place of public accommodation” to include, but not to be limited to, the following:

  • An Inn, Hotel, Motel, or other place of lodging;
  • Restaurant, Bar, other established entity serving food or drink;
  •  Motion Picture House, Theatre, Concert Hall, Stadium, or other place of Exhibition or Entertainment;
  • Auditorium, Convention Center, Lecture Hall or other place of public gathering;
  • Bakery, Grocery Store, Clothing Store, Hardware Store, Shopping Center or other Sales or Rental Establishment;
  • Laundromat, Dry Cleaning Facility, Bank, Barber Shop, Beauty Shop, Travel Service, Shoe Repair Service, Funeral Parlor, Gas Station, Office of an Accountant or Lawyer, Pharmacy, Insurance Office, Professional Office of a Healthcare Provider, Hospital, or other Service Establishment;
  • Public Conveyances on Air, Water or Land;
  • Terminal, Depot or other Station Used for Specific Public Transportation;
  • Museum, Library, Gallery, or other place of Public Display or Collection;
  • Park, Zoo, Amusement Park or other place of Recreation;
  • Non-Sectarian Nursery, Day Care Center, Elementary, Secondary, Undergraduate or Post Graduate School or other place of Education;
  • Senior Citizen Center, Homeless Shelter, Food Bank, Non-Sectarian Adoption Agency or other Social Center or Establishment;
  • Gymnasium, Health Spa, Bowling Alley, Golf Course or other place of Exercise or Recreation.

Obviously, the Illinois Human Rights Act broadly defines “place of public accommodation” which means that almost every employer is covered. Even if your business is not specifically identified in the above list, it will probably still be covered (because of the “including but not limited to” language).

There is no doubt in the Author’s mind that this stunning piece of legislation will result not only in increased problems for Employers but, the potential of increased litigation.

Questions? Contact attorney Walter Liszka in our Chicago office at (312) 629-9300 or by email at waliszka@wesselssherman.com

Related Posts: New Illinois Laws in the New Year, Illinois Changing Employment Landscape, Get Ready! All Owners of Hotels and Casinos in Illinois Must Soon Protect their Employees from Sexual Assault and Harassment with Panic Button Safety Devices!, So You Have A Whistleblower

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Categories
Union Matters

Union Organizing Update

Union Organizing Update

By Richard H. Wessels of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Union Matters on Friday, February 14, 2020.

In the last year or so, we have seen a distinct uptick in union organizing activity. We have represented employers in quite a number of union organizing campaigns and we are on a nice winning streak! One strategy has been helpful and I will be glad to fill you in if any of our readers are interested. Contact me at 630-377-1554 or via email at riwessels@wesselssherman.com.

Related Posts: Merry Christmas, and Happy New Year Employers, Life Raft For Multiemployer Pension Plans, Operating Engineers Local 150 Remains One of Northern Illinois Most Active Unions, No Recording Rules-NLRB Protected?

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