labor lawAdivision of labor law center

Illinois Governor Pat Quinn recently signed three new employment bills into law. The laws address wage discrimination at the state level, and increase the rights of victims of domestic abuse.

Expanded Leave Rights

Every Illinois employer needs to be aware of an amendment to the Illinois Victims Economic Security and Safety Act. The new law requires employers to extend unpaid, job-protected leave to victims of domestic violence or sexual violence.

Under the new law, effective August 24, 2009, employers with 50 or more workers must provide up to 12 weeks of FMLA-type leave to employees who are victims of rape, sexual assault or another type of sexual violence. The law requires employers with 15 to 49 employees to provide  8 weeks of unpaid leave.

Employers must also extend the same benefits to victims of domestic violence of any kind.

This new law is notable because Illinois has no family leave law at the state level – so this is the state’s first intrusion into expanding FMLA to smaller employers. Currently, there is no Illinois law that requires an employer with 15 to 49 workers to provide leave for any reasons other than sexual violence or domestic violence.

New Illinois Discrimination Law

Under a new Illinois discrimination law, victims of stalkers, domestic violence and other crimes are protected from employment discrimination. The amendment to the Illinois Human Rights Act prohibits the employer from discriminating against an employee who is protected by an order of protection or a similar order issued in anther state.

Under the law, which goes into effect on January 1, 2010, the employer cannot make employment decisions based entirely or in part on whether a worker is shielded by an order of protection.  For example, the employer could not refuse to hire Jane, a teacher, simply because she has an order of protection against her ex-husband Ted. (more…)

A recent 7^th Circuit Court of Appeals ruling limits USERRA scheduling provisions for National Guard Members nationwide.

Under the USERRA or Uniformed Services Employment and Reemployment Rights Act, employers must allow members of the military to take time off for National Guard duty and training. Other provisions of the USERRA apply to employees or former employees on active military duty.

The law also requires that employers prominently display a USERRA poster, even when they have no employees who are covered under the law.

The lawsuit involved the city of Mount Vernon, Illinois. Several city police officers were also National Guard members. In the past, the city allowed the officers to use their vacation, sick or personal leave for National Guard training. This allowed the police officers to collect their full city salary, plus military pay, for the days they were away with the National Guard.

In addition, in the past Mt. Vernon allowed National Guard members to rearrange their work schedules when they conflicted with military obligations. By “bumping” other employees, a National Guard member could arrange his or her days off so that on National Guard weekends, the employee received full pay from both the city and the military, (more…)

Illinois, Nevada and Kentucky implemented minimum wage increases effective today, July 1, 2009.

The Kentucky minimum wage increases today from $6.55 to $7.25 per hour. This change is just 23 days earlier than an identical change in the federal minimum wage.

The Illinois minimum wage increases from $7.75 to $8.00 today. This increase puts the Illinois minimum wage in a four-way tie for the fourth highest minimum wage in the nation.

The Nevada minimum wage increases today from $6.85 per hour to $7.55 per hour, although a number of Nevada employers are exempted.

The highest minimum wage is currently in the state of Washington, with a minimum wage of $8.55 per hour. The Oregon minimum wage is $8.40 per hour, while the minimum wage in Vermont is $8.06 per hour. The minimum wage in California, Connecticut and Massachusetts is at $8.00 per hour – the same as the Illinois minimum wage, effective today.

The minimum wages in Washington, Oregon and Vermont are adjusted for inflation annually on January 1. The minimum wage in California, Connecticut and Massachusetts are not adjusted annually for inflation – they are changed only by statute.

The next Illinois minimum wage change (more…)

Illinois employers can now relax — they will not face criminal charges if an employee or customer smokes on the premises.

Governor Pat Quinn signed Public Act 95-1029 into law. The bill amends the Smoke-Free Illinois act by specifying that violators will face civil – not criminal –charges. While the penalties will still include fines, they will not include jail time.

The Smoke-free Illinois Act requires that every employer post signs prohibiting smoking within 15 feet of any doors. It also prohibits smoking in all workplaces, including bars, restaurants, schools, theaters and casinos.

The Illinois non-smoking law defines smoking as carrying a lit cigarette, pipe, cigar or any other smoking material or implement. In addition, smoking, burning, inhaling and exhaling are also defined as smoking. The law specifically prohibits herbs and weeds as well as tobacco.

Smoking is prohibited 15 feet from any windows that open or ventilation intakes that serve an indoor workplace under the new law. 

The current law replaced a less-restrictive Illinois smoking ban (more…)

Employers in Illinois need to be aware of a new ruling that holds them liable for the conduct of any supervisor towards any employee – especially in regards to sexual harassment.

The Illinois Supreme Court recently ruled that an employer is responsible for sexual harassment by an employee who happens to be a supervisor, even if the employee is not in that supervisor’s chain of command.

In other words, it is sexual harassment when a supervisor or manager makes advances towards any employee, not just one who works for the supervisor.

This ruling makes it even more important than ever, that Illinois employers train supervisors and managers to prevent sexual harassment and a hostile work environment.

In Sangamon County Sheriff’s Department v. Illinois Human Rights Commission, the judge ruled on April 16, 2009 that the employer was strictly liable for any manager’s or supervisor’s actions.

Sangamon County is primarily a rural area, about 200 miles southwest of Chicago.

Under Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law, an individual is not a “supervisor” in a case unless he or she has the authority to affect the victim’s employment status directly.

However, under the Illinois Human Rights Act, no such restriction applies. The employer is liable for the conduct of every supervisor in the organization, towards each and every employee in the organization.

In this case, a female records clerk with the Sangamon County Sheriff’s Department filed a complaint of sexual harassment and retaliation against the department. She alleged that a sergeant within the department, who was not her supervisor, was harassing her.

On appeal, the judge ruled that the employer had established a hostile work environment.

Interestingly enough, initially the suit was against both the male supervisor and the employer. The male supervisor, however, was dismissed from the case after settling out of court. This left the employer alone liable for his behavior.

The judge ruled that the employer was “strictly liable” for harassment (more…)