Steven Brenneman - Fox Swibel Levin & Carroll LLP

Illinois Supreme Court Scans BIPA Menu, Orders Big Fines

Illinois employers who use employees’ fingerprints, face scans, or other biometric identifiers to enable workers to access timekeeping, payroll, IT, or other systems have long been on notice that the Illinois Biometric Information Privacy Act (BIPA) imposes an obligation to obtain an employee’s informed consent before collecting, storing, and using such information. A recent decision […]

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New Illinois Law Mandates Paid Leave for Employees

The Illinois Paid Leave for All Workers (PLFAW) Act was passed by the Illinois legislature in January and was signed into law by Governor Pritzker on March 13, 2023. Effective January 1, 2024, it will require nearly all private sector employers in Illinois to provide employees a minimum of 40 hours of paid leave per

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7th Circuit Clarifies That Discouraging Leave May Violate FMLA

Brenneman, Client Alert, Employment Law, Haley, Liss / Steven Brenneman

In an important decision, the U.S. Court of Appeals reversed a lower court’s ruling in favor of the employer and clarified that “interfering, restraining, and denying are distinct ways of violating the FMLA.”

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Illinois Bias Law Now Covers Criminal Convictions

Brenneman, Employment Law / Steven Brenneman

Illinois employers now have yet another law to navigate. The state human rights statute now bans discrimination based on a candidate’s or employee’s criminal conviction unless the employer can show a “substantial relationship” exists between the conviction and the job or that the employment would involve an “unreasonable risk” to property or safety.

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Lack of Secrecy Dooms Employer’s Suit to Stop Form Sales Reps’ Use of Customer Lists

Brenneman, Employment Law / Steven Brenneman

The Illinois Trade Secrets Act (ITSA) prohibits misappropriation of trade secrets and allows recovery of attorneys’ fees in suits to enforce the Act. A recent decision by the Appellate Court of Illinois is a cautionary tale for employers wanting to protect customer lists and other information.

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Illinois Supreme Court Adopts Religious Ministerial Exemption

Brenneman, Employment Law / Steven Brenneman

Illinois, like almost every other state, adheres to the centuries-old doctrine of employment at will, which means that either an employer or an employee may terminate their relationship at any time, without notice and without reason.

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Illinois Supreme Court Confirms Retaliatory Discharge Applies Only to At-Will Employees

Brenneman, Employment Law / Steven Brenneman

More than 40 years ago, the Illinois Supreme Court first recognized the tort of retaliatory discharge as an exception to the general rule that an “at-will” employee is terminable at any time and for any or no cause. Now, the court for the first time has confirmed such claims don’t cover the nonrenewal of a fixed-term contract.

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First Amendment Doesn’t Protect Religious Employers From Hostile Environment Claims

Brenneman, Client Alert, Employment Law / Steven Brenneman

With so much attention on COVID-19 and its impact on workplace issues, employers may have lost track of some important changes affecting Illinois employers in 2020. Some of these changes took effect on July 1.

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