Teacher denied right to continue paid maternity leave following intervening summer break. By: Katherine L. Swise katherine.swise@mhtlaw.com In the case of Dynak v. Board of Education of Wood Dale School District No.7 (2020 IL 125062), the Illinois Supreme Court was asked whether accrued paid sick leave may be used to extend a teacher’s maternity leave…
Category: Labor and Employment
New Labor Law SB 1754 Requires Illinois Public Bodies To Give Unions Employee Information and Creates New FOIA Exemptions and Unfair Labor Practices
By: Joshua D. Herman joshua.herman@mhtlaw.com On December 20, 2019, Illinois passed SB 1754 into law, imposing new obligations on public employers. Illinois public employers (governments, school districts, park districts and other public organizations) will now have to provide regular updates and information regarding their employees to public labor unions, as well as face new obligations…
Illinois Workplace Transparency Act Imposes New Requirements on Employers
By: Joshua D. Herman joshua.herman@mhtlaw.com The new Workplace Transparency Act imposes significant obligations on Illinois employers beginning January 1, 2020. The Act significantly changes the legal obligations of most employers throughout Illinois, including governments and elected and appointed officials. The Act was passed to ensure workplaces are free from unlawful discrimination and harassment by, among…
Employers must tackle new Cannabis Regulation and Tax Act
Recent Amendments Clarify Employer Right to Discipline for Off-Duty Use and Possession of Cannabis By: Joshua D. Herman joshua.herman@mhtlaw.com Beginning January 1, 2020, it will be lawful for adults in Illinois over the age of 21 to consume and possess cannabis in accordance with the Illinois Cannabis Regulation and Tax Act (“CRTA”). The CRTA limits…
Equal Pay Act prohibits salary history inquiries
Employers Can No Longer Ask About or Look into Salary History By: Joshua D. Herman joshua.herman@mhtlaw.com Effective September 29, 2019, Public Act 101-0177 (the “Act”) made significant changes to the Illinois Equal Pay Act affecting the equality of pay and the types of inquiries employers may make of employees. Generally, the Act makes it unlawful…
Residency Requirements for Municipal Employees
By: Robert B. McCoy robert.mccoy@mhtlaw.com In most cases, a municipality can chose whether to mandate that its employees reside within the municipality’s corporate limits. Special rules, however, apply to police officers, firefighters and appointed officers of a municipality. Municipalities that have chosen to impose employee residency requirements have sometimes faced constitutional challenges to their policies. …
Janus vs. AFSCME: Unions Lose Fair Share and Agency Fees
What must public employers do after Janus? By Joshua Herman email: joshua.herman@mhtlaw.com Janus v. AFSCME, a 5-4 decision by the Supreme Court of the United States (“SCOTUS”) issued June 27, 2018, reversed 40 years of law allowing governments and unions to withhold “fair share” deductions from non-union public employees without their consent to subsidize union…
Governor Mandates Public Entities Enact Policies Prohibiting Sexual Harassment by January 15, 2018
On November 16, 2017, Governor Rauner signed into law Public Act 100-0554, which amends the Illinois State Officials and Employees Ethics Act by requiring local governmental entities to adopt, by ordinance or resolution, a policy prohibiting sexual harassment. 5 ILCS 430/70-5. Although many governmental entities may already have sexual harassment policies in place, the…
Small Business Cyber Security Seminar Presented By MHT
Joshua Herman, of Miller, Hall & Triggs, presented a Small Business Cyber Security seminar to local business owners. The presentation was held on May 23, 2017, in association with the Illinois Small Business Development Center (the “SBDC”) at Bradley University’s Turner Center for Entrepreneurship. The presentation was part of an ongoing cyber security certificate series…
Court Orders New Overtime Rules Delayed
Employers Question How To Pay Overtime Now That New Overtime Rules Delayed By Joshua Herman email: joshua.herman@mhtlaw.com For now, implementation of new federal overtime regulations has been delayed. A federal court halted the December 1, 2016, implementation of the Department of Labor’s (“DOL’s”) new regulations doubling the minimum annual salary from $23,660 ($455 weekly) to…