Category Archives: Illinois

The New Year is Coming…Is Your Office Prepared with the Required Illinois Posters for 2019?

Contributed by Sara Zorich, November 20, 2018

As the holidays are quickly approaching and the hustle and bustle of the end of the year begins, it is important to focus on compliance for 2019. Illinois employers need to ensure that they have the required Illinois postings displayed in their workplaces. The following Illinois posters are required for the designated Illinois employers:

  1. NEW Discrimination and Sexual Harassment Poster (Required to be posted by ALL ILLINOIS EMPLOYERS as of September 2018). In addition, employers should review the notice to employers which outlines information about the poster AND the additional posting requirements necessary in the Company’s handbook.
  2. NEW Illinois Service Member Employment and Reemployment Rights Act (ISERRA) Poster (Required to be posted by ALL ILLINOIS EMPLOYERS by January 1, 2019). This is a new law applicable to public and private employers governing military service leave which aligns Illinois’ military law with the federal law USERRA. For private employers, there are some additional requirements beyond USERRA regarding performance reviews addressed in Section 330 ILCS 61/5-5(3) of the Act. This new law has NO IMPACT on the Illinois Family Military Leave Act which is still applicable law.
  3. Pregnancy Notice (Required to be posted by ALL ILLINOIS EMPLOYERS)
  4. Know Your Rights Poster (Required to be posted by ALL ILLINOIS EMPLOYERS)
  5. Workers Compensation (Required to be posted by ALL ILLINOIS EMPLOYERS)
  6. Unemployment Insurance Benefits Notice (Required to be posted by ALL ILLINOIS EMPLOYERS)
  7. Emergency Choking Notice (Required to be posted by ALL ILLINOIS EMPLOYERS)
  8. Smoke Free Illinois Act Notice (Required to be posted by ALL ILLINOIS EMPLOYERS)
  9. Sexual Harassment in Higher Education Act Poster (Required for those entities who are a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in Illinois)
  10. Employee Classification Act of 2008 Poster (Required to be posted by ALL ILLINOIS CONSTRUCTION CONTRACTORS that have one or more individuals that are not classified as employees)
  11. Illinois Occupational Safety & Health Act Poster (Required to be posted by ALL ILLINOIS PUBLIC SECTOR EMPLOYERS)
  12. Illinois Day and Temporary Labor Services Act (Required to be posted by ALL ILLINOIS TEMPORARY LABOR AGENCIES)

Breaking News! Illinois Senate Refuses to Override Governor’s Veto

Inquiry into Illinois Applicant’s Salary Inquiry Remains Lawful – For Now.

Contributed by Noah A. Frank, November 9, 2017

gavelWe previously reported that Governor Rauner’s August 25, 2017 veto of HB 2462 amending the Illinois Equal Pay Act related to applicant salary history inquiries was subject to be overridden by the General Assembly.  On October 25, 2017, as predicted, the Illinois House voted to override the veto by a vote of 80-33 (less than the initial vote of 91-24 to pass the bill).  On November 9, 2017, the Illinois Senate voted against overriding the veto.  While 29 senators favored overriding the veto, they were seven short of the 36 required to override the veto (and still less than the original 35 to vote to pass the bill).

The battle is not over. 

In his veto, Governor Rauner suggested that the General Assembly adopt legislation similar to another state’s law.  As such, employers should expect legislation in 2018 in line with this new national trend, and prepare to revise job applications and interview questions accordingly.  We will keep you abreast of future Illinois and national developments.

Illinois Employer Faces Class Action for Using Fingerprints to Track Attendance

Contributed by Suzanne Newcomb, October 5, 2017

Data Protection Keyboard

Technology allowing employers to use biometric data tools to track attendance and maintain worksite security abounds. Purveyors hype the advanced technology’s ability to accurately validate time entries, eliminate fraud, and better control access to the workplace or to sensitive areas within the workplace. If these systems are so readily available, it must be legal for employers to use them, right? As with seemingly everything involving HR and the workplace, it depends.

Last week, a group of Chicago-area employees filed a class action suit, alleging their employer’s use of worker fingerprints for time-tracking purposes violates the state’s biometric information privacy law. Specifically, the employees claimed that their employer failed to:

  • Properly inform them in writing of the specific purpose for which their fingerprints were being collected and the length of time their fingerprints would be stored and used;
  • Provide a publically available retention schedule and guidelines for permanently destroying their fingerprints; and
  • Obtain their written consent before obtaining fingerprints.

In 2008, Illinois became the first state to explicitly regulate the use of “biometric identifiers” which it defines as a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry and their derivatives, regardless of how that information is captured, converted, stored, or shared. 740 ILCS 14/10. The Illinois Biometric Information Privacy Act (BIPA) applies broadly to any individual or entity other than the government, and therefore encompasses all private-sector employers operating within the state.

Illinois Biometrics Legislation Sets Trend

Until recently, Illinois and Texas were the only states with laws addressing biometrics. However, a new wave of high-exposure litigation under BIPA has had an impact on other states’ decisions to introduce legislation on the matter. Many states, including Illinois, have data breach notification laws that cover biometric information, as well as other sensitive personal information.

Employers operating exclusively in jurisdictions that have not regulated the use of biometric information specifically could still face breach of privacy or negligence claims if their employee’s biometric information is compromised.

Tips for Employers

Due to the growing number of data breaches, employers are encouraged to ensure they have protocols in place to safeguard all of the personal information they possess, particularly biometric information.

Whether you are thinking about adopting and using biometric data or have already implemented this technology, it is vital that employers take the following steps before collecting any biometric data to ensure their use complies with the growing regulation in this area:

  1. Assemble a team of experienced legal, cyber-security, and data-breach experts prior to selecting or implementing any technology that uses biometrics. Involve this team in vetting potential vendors, negotiating the terms of vendor contracts, and developing protocols.
  2. Carefully draft policies and procedures to safeguard and properly destroy biometric information, as well as protocols in case of a breach. Ensure those policies, procedures, and protocols (and those of your outside vendors) comply with all applicable laws, including notice and disclosure requirements.
  3. Clearly disclose to your employees, in writing, your intent to collect and use biometric information, the ways the information will be used, the means by which the information will be collected, maintained, and eventually destroyed, as well as the safeguards the company has put in place to secure this information.
  4. Obtain each employee’s informed written content prior to collecting any biometric information. Consider good faith objections and requests for accommodation and analyze and address those requests in accordance with all applicable laws.
  5. Continue to monitor changing federal, state and local regulations in this area.