Subject Index Employment Law

On Oct. 1, 2025, the Fifth District of the Illinois Appellate Court held that a jury’s award of $3 million in punitive damages for retaliatory discharge was not excessive and did not violate the employer’s due-process rights.

On Sept. 29, 2025, the First District of the Illinois Appellate Court held that a police officer’s disciplinary history showing his unreliability and disservice to the police department and the public supported a finding of cause for termination.

The Illinois General Assembly enacted the Workers’ Rights and Worker Safety Act. The Act bars state agencies from weakening worker protections below the standards set by the federal Fair Labor Standards Act or the federal Coal Mine Health and Safety Act as they existed on April 28, 2025.

On Aug. 14, 2025, the Third District of the Illinois Appellate Court held that under the Workplace Violence Protection Act, an employer seeking a restraining order must show not only that an employee reasonably feared for their safety, but also that the credible threat of violence was specifically “to be carried out at the employee’s workplace.”

The Illinois General Assembly enacted the Worker Freedom of Speech Act. This Act furthers the public policy interest that employees should not be subject to retaliation from their employers for choosing not to participate in employer-sponsored meetings.

The Illinois General Assembly amended the Right to Privacy in the Workplace Act. The amendment provides that employers cannot require work authorization verification requirements that exceed those required by federal law.

On June 26, 2025, the First District of the Illinois Appellate Court found that the reassignment of a police officer to a different department after a settlement agreement did not constitute additional discipline such that the settlement agreement was breached.

The Illinois General Assembly enacted the Worker Freedom of Speech Act. The Act implements protections for Illinois employees by prohibiting employers from requiring participation in or penalizing employees for refusing to participate in employer-sponsored meetings and activities that are intended to communicate the employer’s religious or political beliefs. 

The Illinois General Assembly amended the One Day Rest In Seven Act. Employers may not retaliate against an employee because they exercised a right under the Act, filed a complaint with their employer, instituted proceedings under the Act, or testified in an investigation or proceeding under the Act. I

On Feb. 14, 2025, the First District of the Illinois Appellate Court held that a release of claims procured through fraudulent concealment or misrepresentation does not constitute a knowing waiver of protections under the Illinois Human Rights Act.

Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete or a covenant not to solicit entered into after Jan. 1, 2025, may not be enforced if it would prevent a licensed mental health professional from providing mental health services to veterans or first responders.

On Jan. 24, 2025, the Illinois Supreme Court held that performance bonuses that are not measured by or dependent on hours worked are included in the regular pay rate when calculating overtime wages under the Minimum Wage Law.

The Illinois General Assembly amended the Illinois Wage Payment and Collection Act. Employers are now required to retain copies of employee pay stubs for three years following the date of payment, regardless of whether the employee in question is still employed.

The Illinois General Assembly amended the Equal Pay Act. An employer with 15 or more employees must include the pay scale and benefits for a position in any specific job posting.

The Illinois General Assembly amended the Equal Pay Act of 2003. Employers of 15 or more employees must now include pay-scale and benefits information with any specific job posting

The Illinois General Assembly passed the Freelance Worker Protection Act. The Act provides that a freelance worker shall be paid the contracted compensation amount on or before the date the compensation is due under the terms of the contract.

All public and private employers in Illinois, except school districts and park districts, must provide their employees a minimum of one hour paid leave at their regular rate of pay for every 40 hours worked, up to a minimum of 40 hours paid leave per 12-month period. Employers are required to count all time that an employee works, including overtime, for purposes of calculating accrual.

On June 20, 2023, the First District of the Illinois Appellate Court held that section 65 of the Firearm Concealed Carry Act (“Act”) implicates a public policy that can serve as the grounds for alleging retaliatory discharge.

On May 22, 2023, the Third District of the Illinois Appellate Court held that a signing bonus did not constitute consideration for an employee’s confidentiality and nonsolicitation agreement because the signing bonus was not specifically designated as such.

The Department of Labor amended the Part titled Victims’ Economic Security and Safety Act. The amendment expands protection under the Part to victims of gender violence and is now applicable to all employers with at least one employee.

The Child Bereavement Leave Act has been renamed the Family Bereavement Leave Act. The Act has been expanded to allow for unpaid bereavement leave for employees in the case of the death of an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

The Department of Central Management Services amended the Merit and Fitness Part. The director may no longer remove candidates on the state employment eligibility list for addiction to narcotics or alcohol.

On April 14, 2022, the Fourth District of the Illinois Appellate Court held individuals made out a valid prima facie racial discrimination claim against the Champaign-Urbana Public Health District for demotions, but not for failure to promote employees.