In 2022, Illinois significantly restricted the use of non-competition agreements. The new Illinois law, the Freedom to Work Act, restricted the use of non-competition agreements (aka “covenants not to compete”) and other related agreements in several ways. Notably, the Act prohibited non-competition agreements for workers making less than $75,000 (adjusted upwards every five years), prohibited
Jeffrey J Kmoch Blog
Latest from Jeffrey J Kmoch Blog
Potential Scam Warning for Illinois Jobseekers
Recently, it has come to my attention that some affiliates of credit reporting services are posting questionable job ads – for relatively high-paying ($22+ per hour), no skill or experience required and with immediate start dates – and then asking applicants to first send them screenshots from a credit reporting service. These services, however, while…
Discrimination in the Time of Coronavirus
Disturbingly, as America comes to grips with the COVID-19 coronavirus pandemic, numerous reports have emerged that some people are lashing out against people of Asian descent blaming them for the virus and its spread.
No national emergency, however severe, could possibly ever justify such senseless racism and bigotry. If this reported behavior carries over into…
Department of Labor Narrows Joint Employer Definition
The federal Department of Labor (DOL) released its long-awaited final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA), which governs responsibility for payment of minimum wages and overtime.
This rule rolls back the Obama administration’s much broader definition of joint employer and replaces it with…
Illinois Joins Growing List of States Prohibiting Employers From Seeking Wage Histories
Today, Governor Pritzker signed HB0834 into law, amending Illinois’ Equal Pay Act to now prohibit employers from inquiring into job applicants’ salary or wage histories or using an applicant’s wage history, if volunteered, to screen them out of a position. Employers may still, however, ask applicants about their wage expectations. Unlike certain other jurisdictions’ wage…
The Workplace Transparency Act Expands Protections for Illinois Workers
On June 2, 2019, both houses of the Illinois legislature passed Senate Bill 75, the Workplace Transparency Act (“WTA”), and Governor Pritzker is expected to sign the bill into law shortly.
The WTA amends the Illinois Human Rights Act (“IHRA”), expanding protections for Illinois workers against discrimination and harassment by:
- Extending the IHRA to prohibit
…
Illinois Cannabis Legalization Act May Allow Employers to Discharge Workers for Lawful Cannabis Use
On May 31, 2019, the Illinois House of Representatives passed House Bill 1438, the “Cannabis Regulation and Tax Act.” Governor J.B. Pritzker, who campaigned on recreational marijuana legalization, has vowed to sign the bill into law and, if he follows through, the Act will go into effect on January 1, 2020. Before indulging, Illinois workers…
Illinois Appellate Court Resurrects IDHR Discrimination Claim
In Lau v. Abbott Labs, 2019 IL App (2d) 180456 (Ill. App., Apr. 2, 2019), the Appellate Court of Illinois 2nd District, reversed in part the trial court’s grant of summary judgment and resurrected the discharged employee’s claims of discrimination on the basis of sex, race, national origin, or age.
A Plaintiff Need Not Identify…