Subject Index Employment Law

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.

The Electric Vehicle Act is amended to require organizations or companies that receive government grants to install electric car charging stations to comply with the Prevailing Wage Act.

The Consumer Coverage Disclosure Act is enacted to require an employer that provides group health insurance coverage, upon request, to furnish a list that compares its group coverage benefits with the individual health insurance coverage benefits mandated by the state.

The Department of Labor adopted new rules to implement and enforce the Child Bereavement Act, which will affect employers and eligible employees as defined in the Family Medical and Leave Act.

On Dec. 17, 2020, the Illinois Supreme Court held that a community college violated the Public Community College Act when the college laid off tenured faculty members and within months hired adjunct instructors to do the work that the laid-off faculty were able to do.

On Nov. 19, 2020, the Illinois Supreme Court held that union lawyers are immune from personal liability for actions taken as union representatives under a collective bargaining agreement.

On May 21, 2020, the Illinois Supreme Court was forced to dismiss a labor-related appeal after a justice recused himself and the remaining justices were unable to secure the four-judge majority constitutionally required to issue a decision.

An amendment to the Illinois Wage Payment and Collection Act (820 ILCS 115/4.1) makes it clear that tips are the property of employees and that employers are prohibited from keeping tips.

Under an amendment to the Illinois Wage Payment and Collection Act, employers must reimburse employees for all necessary expenditures or losses incurred by employees.

This proposed legislation would amend the State Officials and Employees Ethics Act by clearly establishing the jurisdiction of the Legislative Ethics Commission and the Legislative Inspector General.

The appellate process in section 11 of the Illinois Public Labor Relations Act is amended to reflect that the filing of an appeal to the Appellate Court does not automatically stay the enforcement of the Board's order.

A court may allow a claim for punitive damages in a negligent employment case if evidence reasonably supports a finding that the employer acted willfully, or with a certain level of gross negligence as to indicate a wanton disregard for the rights of others.

The Teachers' Retirement System (TRS) adopted amendments to "The Administration and Operation of the Teachers' Retirement System." Additions to the disability benefits and disability retirement annuity sections clarify how contributions to retirement plans affect employment income calculations.

The Illinois Wage Assignment Act was amended to impose additional requirements on wage assignment notice and service.

The Employee Sick Leave Act now allows employees to use personal sick leave benefits provided by their employer for absences relating to family members.