Categories
Coronavirus/COVID-19 Other

US Department of Labor Issues New Guidelines for Employers on COVID-19

US Department of Labor Issues New Guidelines for Employers on COVID-19

By Alan E. Seneczko of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Wednesday, March 25, 2020.

The U.S. Department of Labor has just issued a number of FAQs to clarify an employer’s obligations under the Paid Sick Leave and Expanded Family Leave provisions of the Families First Coronavirus Response Act. A few of the more helpful clarifications are summarized below:

  • The paid leave provisions of the FFCRA become effective April 1, 2020. (#1)
  • The paid sick leave required under the FFCRA is in addition to any paid leave provided by the employer for a reason identified in the Emergency Paid Sick Leave act prior to April 1, 2020. (#11).
  • The paid sick leave and emergency family leave provisions of the FFCRA are not retroactive.
  • When calculating pay for purposes of paid sick leave, overtime must be included, but the amount of leave is still capped at 80 hours. (#6)

To review the complete FAQs and additional information about the FFCRA, go to:

Questions? Please contact us.

Related Posts: FFCRA Poster Now Available, Wisconsin Governor Issues “Safer at Home” Order, Executive Summary of Shelter in Place Order, Illinois Residents Ordered to Shelter in Place due to COVID-19

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Categories
Coronavirus/COVID-19 Other

Wisconsin Governor Issues “Safer at Home” Order

Wisconsin Governor Issues “Safer at Home” Order

By Alan E. Seneczko of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Tuesday, March 24, 2020.

Governor Evers has issued his Safer at Home Order, which becomes effective at 8:00 a.m. on Wednesday, March 25, 2020, and will remain in effect until Friday, April 24, 2020, unless a superseding order is issued. Click here to review the Order and determine whether your business is considered an “Essential Business” allowed to remain open. Stay safe everyone. Flatten the curve.

Questions? Contact attorney Alan Seneczko in our Oconomowoc office at alseneczko@wesselssherman.com or (262) 560-9696

Related Posts: US Department of Labor Issues New Guidelines for Employers on COVID-19, Executive Summary of Shelter in Place Order

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Categories
Coronavirus/COVID-19 Other

Illinois Residents Ordered to Shelter in Place due to COVID-19

Illinois Residents Ordered to Shelter in Place due to COVID-19

By Attorneys of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Saturday, March 21, 2020.

Illinois Governor J.B. Pritzker has issued Executive Order 2020-10 which directs Illinois residents to remain in their homes except for essential activites (such as grocery shopping and going to medical appointments), essential government functions or to operate essential businesses and operations from March 21 through April 7, 2020. Non-essential businesses must cease all activities within the state.

The Executive Order is very detailed and it is by far best to read the actual document. Attempts to summarize it can sometimes be misleading because one must look at the entire document. Here is a link to the Executive Order.

Most of our clients are concerned about the listing of essential businesses that may remain open. This is just a summary and below is the listing of essential businesses.

Essential businesses include:

  • Stores that sell groceries or medicine
  • Food, beverage, and cannabis production and agriculture
  • Organizations that provide charitable and social services
  • Media
  • Gas stations and businesses needed for transportation
  • Financial institutions
  • Hardware and supply stores
  • Critical trades
  • Mail, post, shipping, logistics, delivery, and pick-up services
  • Educational institutions
  • Laundry services
  • Restaurants for consumption off-premises
  • Supplies to work from home
  • Supplies for essential businesses and operations
  • Transportation
  • Home-based care and services
  • Residential facilities and shelters
  • Professional services
  • Day care centers for employees exempted by Executive Order
  • Manufacture, distribution and supply chain for critical products and industries
  • Critical labor union functions
  • Hotels and motels
  • Funeral services

Again, the listing of essential businesses is only a part of the Executive Order so you would be wise to read the entire order.  For example, there is extensive language about essential government functions. Because reading the entire Executive Order is so important, you can call our office and we will email you a copy. If you are making important decisions, this is the best route to go becuase, as we said, the Order is detailed and you must read it in its entirety. 

Wessels Sherman is considered an essential business and our attorneys are available to answer your questions. Please contact our St. Charles, Illinois office at (630)377-1554.

Related Posts: US Department of Labor Issues New Guidelines for Employers on COVID-19, Wisconsin Governor Issues “Safer at Home” Order, Executive Summary of Shelter in Place Order, Model Communication to Labor Unions Regarding Covid-19

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Categories
Coronavirus/COVID-19 Other

Executive Summary of Shelter in Place Order

Executive Summary of Shelter in Place Order

By Richard H. Wessels of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Saturday, March 21, 2020.

Governor Pritzker’s Shelter in Place Order was announced Friday, March 20, 2020 at his press conference shortly after 3:00 pm. It was only later in the day on Friday that the full text was released. Here is an EXECUTIVE SUMMARY. The fundamental is that all individuals are to stay at home. The Order explains what a person can do outside of the home, such as going to the doctor, grocery store, drugstore, etc.

Then, the Order goes on to address exceptions, and this part can be a bit confusing. There is a provision addressing working on essential infrastructure, with lengthy commentary on construction type projects. Individuals engaged in these activities are not subject to the Order. The Order exempts essential governmental functions such as fire, police, etc. US Government operations, of course, are exempted. Then, the Order includes what they refer to as essential businesses and operations which are exempted. There are 23 businesses on this list. That list is as follows:

  1. Stores that sell groceries or medicine
  2. Food, beverage, and cannabis production and agriculture
  3. Organizations that provide charitable and social services
  4. Media
  5. Gas stations and businesses needed for transportation
  6. Financial institutions
  7. Hardware and supply stores
  8. Critical trades
  9. Mail, post, shipping, logistics, delivery, and pick-up services
  10. Educational institutions
  11. Laundry services
  12. Restaurants for consumption off-premises
  13. Supplies to work from home
  14. Supplies for essential businesses and operations
  15. Transportation
  16. Home-based care and services
  17. Residential facilities and shelters
  18. Professional services
  19. Day care centers for employees exempted by Executive Order
  20. Manufacture, distribution and supply chain for critical products and industries
  21. Critical labor union functions
  22. Hotels and motels
  23. Funeral services

Note that each of these categories is addressed in most cases with lengthy commentary and that factor in itself can be confusing.

Finally the Order addresses social distancing issues. There is commentary with an order ceasing evictions. As we indicated in an earlier blog, if you are having problems reading the Order or printing the link, please call us at (630) 377-1554 we will email the Order to you.

Related Posts: US Department of Labor Issues New Guidelines for Employers on COVID-19, Wisconsin Governor Issues “Safer at Home” Order, Illinois Residents Ordered to Shelter in Place due to COVID-19

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Categories
Coronavirus/COVID-19 Other

For Employers: Coronavirus Leaves and Consequences; Lawful Emergency Payroll Reductions

For Employers: Coronavirus Leaves and Consequences; Lawful Emergency Payroll Reductions

By Attorneys of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Thursday, March 19, 2020.

Employers are scrambling to find an equitable and lawful plan to manage reduced or eliminated revenue resulting from mandated closures, illnesses, and quarantines and to understand newly enacted laws.

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”). With respect to employment concerns, the FFRCA provides for expanded coverage under the Family Medical Leave Act as well as paid sick leave for 14 days. The below questions and answers will hopefully provide answers to many of these pressing and important questions.

Legal counsel is recommended to address specific circumstance and local and state laws.

I. Families First Coronavirus Response Act

A. Emergency Family and Medical Leave Expansion Act (“EFMLEA”)

1. What does the EFMLEA provide?

This temporary emergency amendment to the FMLA provides for 10 initial days of unpaid leave and 10 weeks of paid leave thereafter for employees. The amount of paid leave available under EFMLEA is limited to $200 per day per employee and $10,000 total per employee.

2. What can employees use the paid EFMLEA leave for?

This amendment only applies to leave needed for employees to care for children under 18 if their school or place of care is closed. (This is substantially changed from the original bill).

3. Is the employee entitled to paid EFMLEA leave if they can work from home?

The employee may only use the paid leave under this law if they are unable to work either in their place of business or if they are unable to telework. If they are able to telework, the employee is not entitled to the EFMLA leave.

4. Are all employers required to provide the paid EFMLEA?

No. The law applies to all employers with less than 500 employees. However, employers with less than 50 employees may apply for an exemption if the requirements of the law would jeopardize the viability of the business. At this point, there are no stated criteria to determine if this viability exemption is met.

5. Can I require an employee to use under existing company PTO/Vacation/sick leave policies accrued leave before taking the EFMLEA paid leave?

No, an employee may elect to take accrued vacation, personal, or sick leave accrued under company policies, but the employer cannot require the employee to take accrued leave first. (Remember leave under this statute is paid at 2/3rds so an employee might wish to elect to use their saved paid leave instead).

6. Does the employee receive their full rate of pay under the EFMLEA?

No, the first 10 days of leave are unpaid – unless the employee qualifies for the paid sick leave portion of the law as discussed below. The remaining 10 weeks of the amended FMLA portion of the FFCRA provides the employee with at least 2/3rds of the employee’s regular rate of pay calculated on the basis of the number of hours the employee would otherwise be scheduled to work.

7. Will an employer be liable for FMLA interference or retaliation if the employee is not returned to his/her job after EFMLEA leave?

Probably not if: the employer has fewer than 25 employees; if the position doesn’t exist after the leave due to economic circumstances; if reasonable efforts are made to return the employee to an equivalent position; and, if no position is available, makes reasonable efforts to contact the employee if a position becomes available within 1 year from the earlier of the start of the leave or the end of the qualifying need related to the public health emergency.

B. Paid Sick Leave Under the FFRCA

1. How does an employer determine if an employee is entitled to FFCRA paid sick leave?

The employee may use the paid sick leave under the FFCRA if they are subject to a quarantine order, to self-isolate based on advice from a health care provider, to obtain a medical diagnosis or if they are experiencing symptoms of the virus, to care for a family member who is self-isolated or experiencing symptoms, or to care for a child if school is closed.

2. How many hours of sick leave is the employee entitled to?

A full-time employee is permitted to take up to 80 hours of paid sick leave. Part-time employees are entitled to the number of hours the employee works, on average, over a 2-week period.

3. Is there a limit on the dollar amount of the sick time?

Yes. The paid sick time is limited to $511 per day ($5,110 total) if the employee is quarantined or experiencing symptoms of the virus and limited to $200 per day ($2,000 total) if the employee is caring for a family member

4. Will the government reimburse employers for the expanded FMLA or the paid sick leave?

Yes, but not in advance or contemporaneously. For both benefits, the government provides tax credits for each calendar quarter in an amount equal to 100 percent of the qualified sick leave wages paid. This amount is limited to $200 for any day and $10,000 in the aggregate with respect to all calendar quarters for any individual.

5. Are there any posting requirements?

Each employer must post, and keep posted, a notice approved by the Secretary of Labor of the requirements of the FFCRA. This notice was not available at the time of this publication.

NOTE: The requirements of both the EFMLEA and FFCRA apply to employers in addition to any employer policies regarding FMLA and sick leave.

II. WARN Act, Unemployment and Other Considerations.

A. Will WARN Act 60-day notice requirements apply if employers lay off or furlough employees due to business downturn/closure?

Likely not because: (i) most layoffs/furloughs are expected to be temporary; (ii) the circumstances of this virus may qualify under a natural disaster exception; and (iii) the fact that the business circumstances requiring the layoffs could not have been foreseen.

[Federal WARN Act notice requirements apply to employers of at least 100 full-time employees. WARN notice requirements generally apply to plant closures and layoffs/furloughs where the employer is laying off at least 50 employees at a single facility or reducing the hours of at least 50 employees by at least 50%. Many states, including Illinois, have mini-WARN acts which cover smaller employers (in Illinois 75) and which are triggered by smaller layoffs and closures (in Illinois 25 or more if one-third of workforce or 250 or more employees). The federal WARN Act and the Illinois WARN Act require at least 60 days of notice].

B. Will employees who are temporarily laid off due to the economic impact of the coronavirus be eligible for unemployment compensation?

You will need to check your local unemployment compensation laws. Under the Illinois Department of Employment Security’s emergency rules adopted to address the coronavirus crisis, employees laid off by their employer due to coronavirus business slowdowns will generally be eligible for unemployment compensation without having to register to apply for other jobs so long as the employee remains able and willing to return to the job they lost in the layoff.

C. What are the consequences of reducing a group of employees’ pay or hours/days of work?

WARN: WARN Act notice requirements should not apply. See A above.

FLSA EXEMPTION: There is a risk that reducing exempt employees’ pay temporarily will destroy their exemption (and thus render them eligible for overtime pay).

However, reducing the pay prospectively (before the work has been performed) due to an economic slowdown should avoid the loss of an exemption. While the current national emergency should qualify for an economically bona fide reduction an alternate strategy, where feasible, an employer could avoid this concern by having exempt employees alternate weeks that they work thus allowing for no pay on the weeks during which they perform no work.

UNEMPLOYMENT COMPENSATION: Employee may become eligible for unemployment compensation. In Illinois, where the amount of the reduction is at least 50% of the benefit that the employee would have qualified for, the employee may be eligible for unemployment compensation.

D. If employees are completely laid off due to the coronavirus crisis but paid a severance during the lay off period, does the severance render the employees ineligible for unemployment compensation.

Local unemployment compensation laws should be consulted. In Illinois, severance pay will not impact an employee’s eligibility for unemployment compensation.

E. Can employers keep employees on their health plan following a temporary layoff or reduction of hours?

Most health insurance plans require that employees work an amount that qualifies as full-time hours in order to participate in the health plan. If employers want to ensure that laid off employees remain on their plan without having to elect COBRA coverage (and potentially be subject to another waiting period upon re-hire), employers should discuss with their agent or insurer the possibility of amending the plan. Alternatively, if employees cannot remain on the plan, the laid off employees will have the option to electing COBRA coverage. If COBRA coverage is necessary, employers may offer to pay all or a portion of the COBRA premium but are not required to do so.

Questions? Contact Attorney Jennifer Adams Murphy or Elizabeth Bidwill in our St. Charles office at (630)377-1554 or by email at jemurphy@wesselssherman.com or elbidwill@wesselssherman.com

Related Posts: US Department of Labor Issues New Guidelines for Employers on COVID-19, Wisconsin Governor Issues “Safer at Home” Order, Executive Summary of Shelter in Place Order, Illinois Residents Ordered to Shelter in Place due to COVID-19

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Categories
Other

Employers: EEOC Guidelines regarding Covid-19

Employers: EEOC Guidelines regarding Covid-19

By Jennifer Adams Murphy of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Tuesday, March 17, 2020.

The EEOC has issued the following guidance regarding the difficult issues facing employers in their efforts to identify and control Covid-19. While the ADA still, of course, applies to employers’ conduct, limited exceptions have been made to allow employers to, for example, take employees’ temperatures to identify those who may have the virus. The guidelines include answers to questions presented to employers during this challenging time (see full pandemic guidelines on EEOC website):

· The EEOC has provided guidance (a publication entitled Pandemic Preparedness in the Workplace and the Americans With Disabilities Act), consistent with these workplace protections and rules, that can help employers implement strategies to navigate the impact of COVID-19 in the workplace. This pandemic publication, which was written during the prior H1N1 outbreak, is still relevant today and identifies established ADA and Rehabilitation Act principles to answer questions frequently asked about the workplace during a pandemic.

· The World Health Organization (WHO) has declared COVID-19 to be an international pandemic. The EEOC pandemic publication includes a separate section that answers common employer questions about what to do after a pandemic has been declared. Applying these principles to the COVID-19 pandemic, the following may be useful:

o How much information may an employer request from an employee who calls in sick, in order to protect the rest of its workforce during the COVID-19 pandemic?

§ During a pandemic, ADA-covered employers may ask such employees if they are experiencing symptoms of the pandemic virus. For COVID-19, these include symptoms such as fever, chills, cough, shortness of breath, or sore throat. Employers must maintain all information about employee illness as a confidential medical record in compliance with the ADA.

o When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic?

§ Generally, measuring an employee’s body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. However, employers should be aware that some people with COVID-19 do not have a fever.

o Does the ADA allow employers to require employees to stay home if they have symptoms of the COVID-19?

§ Yes. The CDC states that employees who become ill with symptoms of COVID-19 should leave the workplace. The ADA does not interfere with employers following this advice.

o When employees return to work, does the ADA allow employers to require doctors’ notes certifying their fitness for duty?

§ Yes. Such inquiries are permitted under the ADA either because they would not be disability-related or, if the pandemic influenza were truly severe, they would be justified under the ADA standards for disability-related inquiries of employees. As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp, or an e-mail to certify that an individual does not have the pandemic virus.”

Questions? Contact Attorney Jennifer Adams Murphy in our St. Charles office at 630.377.1554 or by email at jemurphy@wesselssherman.com

Related Posts: US Department of Labor Issues New Guidelines for Employers on COVID-19, Wisconsin Governor Issues “Safer at Home” Order, Executive Summary of Shelter in Place Order, Illinois Residents Ordered to Shelter in Place due to COVID-19

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Categories
Other

COVID-19 Advisory from the Wessels Sherman Task Force

COVID-19 Advisory from the Wessels Sherman Task Force

By Anthony J. Caruso Jr. of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Thursday, March 12, 2020.

By its very nature, COVID-19 (coronavirus) presents a rapidly changing, and thus confusing, landscape for employers. Often employers are presented with damned if you do, damned if you don’t, scenarios. Our experience has been that the best place to start your decision making is with the basics. While they sometimes may be vague and confusing, governmental advisories can be exceedingly helpful. Here is a current list of good COVID-19 governmental resources:

Our Wessels Sherman COVID-19 Task Force is here to help you. Tony Caruso heads this up. Call him at (630) 377-1554 or email him at ancaruso@wesselssherman.com.

Related Posts: US Department of Labor Issues New Guidelines for Employers on COVID-19, Wisconsin Governor Issues “Safer at Home” Order, Executive Summary of Shelter in Place Order, Illinois Residents Ordered to Shelter in Place due to COVID-19

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Categories
Other

Coronavirus – Next Test for Employers

Coronavirus – Next Test for Employers

By Walter J. Liszka of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Thursday, March 5, 2020.

The Coronavirus (COVID-19) was originally detected in Wuhan City, Hubei Provence, China, in the early or midpart of 2019 and is now a respiratory disease that has been detected in over 50 locations internationally with at least 137 cases confirmed in the United States and four confirmed in the State of Illinois. In January of this year, the World Health Organization declared that the Coronavirus was “a public health emergency of international concern”. The Coronavirus is “a large family of viruses that cause illnesses ranging from the common cold to more severe diseases”. Unfortunately, the new Coronavirus COVID-19 is a new strain that has not previously been identified in humans. It may cause mild to severe fever, respiratory problems and stomach-related issues and has caused the worldwide death of over 3,214 individuals.

What are Employers to do? The Occupational Safety and Health Act of 1970, along with various state and local laws, provides that the Employer has a general duty to have a work environment that is free from recognized hazards that can cause death or serious physical harm to its Employees. What should Employers contemplate doing as the Coronavirus continues to grow.

The Center for Disease Control and Protection (CDC) has provided the following Interim Guidance for Employers:

  1. Encourage sick Employees to stay at home. Employees who have symptoms of acute respiratory illness should stay at home and not come back to work until they are free of fever and other symptoms for at least 24 hours.
  2. Separate sick Employees, those who appear to have respiratory illness symptoms such as a cough or shortness of breath from other Employees and send them home.
  3. Encourage healthy practices, including emphasizing that Employees stay home when sick and urging Employees to clean their hands often either with alcohol-based hand sanitizers or wash their hands with soap and water for at least 20 seconds.
  4. Perform routine environmental cleaning which cleans all frequently touched surfaces in the workplace such as workstations, countertops and doorknobs.

Employers should consider the implications of requiring employees suspected of being ill with the virus to leave work. Even employers who are not covered by the Family and Medical Leave Act (fewer than 50 employees) should strongly consider granting medical leave to even those employees who have no vacation, PTO or sick leave available for use. Additional concerns that will need to be addressed are whether employees required to take a medical leave should be paid and whether the identification of employees suspected of having been infected by the virus may give rise to claims of race or national origin discrimination. Although having numerous employees out on sick leave may adversely impact business in the short term, pro-active identification and required medical leave may avoid a catastrophic reduction in workforce.

While the Center for Disease Control and Prevention has issued a Level 3 (eliminate all non-essential travel) Travel Warning to China and South Korea and a Level 2 Travel Alert to Japan, Italy and Iran, there has been no complete ban of travel although a number of airlines have curtailed flights. As a precautionary measure, Employers should consider whether traveling to large conferences or events is essential for their business practices.

Above all, it is incumbent upon Employers to educate their Employees and use a commonsense approach as medical professionals try to get their arms around what is becoming a very serious problem.

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

Related Posts: US Department of Labor Issues New Guidelines for Employers on COVID-19, Wisconsin Governor Issues “Safer at Home” Order, Executive Summary of Shelter in Place Order, Illinois Residents Ordered to Shelter in Place due to COVID-19

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

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

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Categories
Other

New Illinois Laws in the New Year

New Illinois Laws in the New Year

By Attorneys of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Other on Monday, December 30, 2019.

Because 2020 is a year filled with new employment laws for Illinois with effective various dates, we thought our clients would appreciate having a simple list to serve as a reminder of some key changes:

New Illinois Law and Effective date

  • Recreational marijuana legalized – January 1, 2020
  • New legal requirements for separation and release agreements – January 1, 2020
  • New legal requirements for arbitration agreements – January 1, 2020
  • Add “gender violence” as another protected category to VESSA policies – January 1, 2020
  • Add independent contractors, non-employees, vendors, consultants, and volunteers to harassment and discrimination policies and complaint protections – January 1, 2020
  • Require special sex harassment training for restaurant and bar employees – January 1, 2020
  • Add wording “perceived and actual” to Equal Employment Opportunity policies, which expands protection from discrimination – January 1, 2020
  • Employers must report discrimination complaints and settlements that occur during the mandated reporting period to Illinois Department of Human Rights – July 1, 2020
  • Employers to provide hotel and casino workers mandatory panic buttons to provide protection from sex harassment and/or assaults – July 1, 2020
  • City of Chicago requires certain industries to provide employee work schedules in advance – July 1, 2020

If you have any questions or concerns about the new laws, please contact us.

Tags: New Illinois Laws for 2020, Panic buttons, Recreational marijuana, VESSA, arbitration agreements, sex harrassment training

Related Posts: 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, Illinois – Catching Up To California?!

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings

Page 1 of 6
1 2 3 6