Effective January 1, 2020, all employers who contract with employees and non-employees (including all contractors) should review, and likely revise, all employment agreements, including separation/severance agreements because all noncompliant agreements will now be void. Here are the three types of agreements regulated: Employment agreements containing nondisclosure or nondisparagement provisions Employment agreements containing arbitration provisions Employment agreements containing confidentiality provisions The Workplace Transparency Act (WTA) prohibits employers from contractually restricting a prospective, current, or former employee’s ability to report allegations of unlawful conduct, including discrimination, harassment, and retaliation, for investigation by...

There were three key changes to the Illinois Human Rights Act, effective January 1, 2020. The three key changes are as follows: Expanded prohibition of harassment and discrimination Requires employers to report on adverse judgments and settlements Requires employers to provide annual sexual harassment training Specifics of sexual harassment training requirements Model training program by IDHR will be available at no cost Training must include: Explanation of sexual harassment Examples of conduct that constitutes unlawful sexual harassment Summary of relevant state and federal laws prohibiting sexual harassment and the remedies...

Some states, including Illinois, have legalized recreational use of marijuana. Effective January 1, 2020, the Cannabis Regulation and Tax Act (CRTA) defines marijuana as a lawful product for state purposes. The impact on employers in Illinois is that this act broadly amends the Illinois Right to Privacy in the Workplace Act to prohibit discrimination against individuals who use lawful products off premises during nonworking and non-call hours. However, employers can discriminate (i.e. take disciplinary action) against employees if use impairs an employee’s ability to perform assigned duties. Some other notes...

The Fair Labor Standards Act (FLSA) is a federal law that requires employers to pay ALL employees overtime if they work more than 40 hours per week UNLESS an employee fits within a certain exemption. Exemptions require a two-factor analysis for each position (except the outside sales exemption): 1) Salary Threshold and 2) Job Duties Test Changes to this law, effective January 1, 2020, are the salary threshold for the executive, administrative, and professional exemptions. Under the federal FLSA, this will increase from $23,660 ($455 per week) to $35,568 ($684...