Articles on Employee Benefits

Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s Ahead By Ted M. Niemann Employee Benefits, November 2025 The Joint Midyear Meeting, hosted by the Illinois State Bar Association and the Illinois Judges Association, is a can't-miss event, offering CLE programs on democracy preservation and the ethical use of AI; a Member Appreciation Reception featuring Glow Bingo and prizes; the Illinois Bar Foundation for the Champions Breakfast; the IJA/ISBA Joint Midyear Meeting Luncheon; and a Holiday Reception honoring the Supreme Court of Illinois. Register today! 
Reproductive Health Decisions Are Now Protected Under the Illinois Human Rights Act By Olga Beznashchuk Employee Benefits, November 2025 A brief survey of the historical journey of the Illinois Human Rights Act and subsequent legislation that offers protections for gender, sexual orientation, reproductive healthcare, and more. 
Responding To Work-From-Home Accommodation Requests in a Post-Covid Environment By Josh Heidelman Civil Practice and Procedure, October 2025 In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court. 
One Big Beautiful Bill Act: Considerations for Charitable Planning By Philip M. Purcell Employee Benefits, September 2025 A look at provisions of the One Big Beautiful Bill Act (OBBBA) and how this Act impacts income tax, estate tax, and other miscellaneous changes. 
Pros and Cons of Becoming an Employee Benefits Attorney By Aldridge Maurer Employee Benefits, September 2025 Experience is invaluable, but it's impossible for young attorneys to gain requisite experience without being given the chance to do so. Especially in the more niche field of employee benefits, it's important for young attorneys to connect with more experienced attorneys to gain necessary knowledge and insight into the field. 
Responding To Work-From-Home Accommodation Requests in a Post-Covid Environment By Josh Heidelman Employee Benefits, September 2025 In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court. 
7th Circuit Stops Providers Suing Illinois Medicaid for Untimely MCO Payments By Lawrence A. Manson Employee Benefits, August 2025 The Seventh Circuit ruled that Illinois health care providers cannot sue the state under § 1983 to enforce timely Medicaid payments from managed care organizations. This decision may worsen delayed payments, threaten provider participation, and reduce access to care—especially for smaller hospitals like Saint Anthony, which brought the case. The dissent warned of serious risks to the Medicaid system and patients.
One Big Beautiful Bill Act By Aaron D. Evans Employee Benefits, August 2025 This article discusses the 2025 One Big Beautiful Bill Act, including tax cuts, increased basic exclusion amount, SALT limitations, tax-deferred investment accounts, 529 plans, limitations on charitable deductions, and Pease limitations. 
Social Security Fairness Act of 2023 Employee Benefits, August 2025 The Social Security Fairness Act of 2023, signed in early 2025, eliminates WEP and GPO, which had reduced Social Security benefits for many public workers. The SSA is now issuing retroactive payments (back to January 2024) and increasing monthly benefits. No action is needed if your contact info is up to date. Those previously denied benefits due to WEP/GPO can now apply.
24 Legal Practice Tips By Colleen L. Sahlas Employee Benefits, July 2025 Tips learned from 24 years in legal practice.
Delay in Enforcement of Mental Health Parity Rules By Bernard G. Peter Employee Benefits, July 2025 A summary of new rules impacting the federal Mental Health Parity and Addiction Equity Act. 
U.S. Supreme Court Allows Free Access To Preventative Medical Treatments To Continue By Bernard G. Peter Employee Benefits, July 2025 The U.S. Supreme Court held that the U.S. Preventative Task Force proposing free services through the Affordable Care Act can continue to do so in the case of Kennedy v. Braidwood Management
Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark Employee Benefits, June 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Summary of Issues Which Could Affect Your Health and Welfare Plan(s) By Bernard G. Peter Employee Benefits, June 2025 The article outlines several important compliance and legal updates affecting employer-sponsored health plans.
Supreme Court Eases the Burden for Proving Reverse Discrimination Claims By Rachel E. Bossard & Christine Eduardo Employee Benefits, June 2025 On June 5, 2025, the U.S. Supreme Court unanimously ruled that reverse discrimination claims under Title VII are held to the same standard as other discrimination claims. The Court found that plaintiffs like Marlean Ames, a heterosexual woman, don’t need to show special “background circumstances” to prove bias. This decision clarifies that Title VII protects all individuals equally, regardless of majority or minority status.
ISBA Trusts & Estates Section Offers Valuable Q&A Series for Attorneys New to T&E By Melissa A. Grisoni Employee Benefits, May 2025 Since November 2024, the ISBA Trusts & Estates Section's Subcommittee on Lawyers Who Are New to Estate Planning has successfully hosted a monthly Zoom meeting, "T&E Q&A: The Basics and Beyond." These sessions are held on the third Thursday of each month. Designed as an informal forum, the Q&A meetings provide an invaluable opportunity for attorneys new to the practice of estate planning to pose questions to experienced colleagues. ISBA members can submit questions in advance or via the chat function during the live meeting, with a panel of three to four seasoned practitioners offering their insights. The subcommittee has received overwhelmingly positive feedback and intends to continue these popular sessions, with a brief recess planned for the summer months.
Meeting the Special Responsibilities of a Noble Profession By Michael Cortina Employee Benefits, May 2025 The practice of law is a business. It matters not if a lawyer is on the bench, works in the public interest sector, is an in-house attorney, or is engaged in private practice. All of us make our living in the practice of law, and that means, by default, all of us are also engaged in the business of law. We sometimes need reminding, however, of the other obligations that we have to society.
New Workplace Laws in 2025: What Employers Need to Know By Lindsay Dreis Employee Benefits, May 2025 Illinois has passed several new laws and made significant amendments to its key statutes governing employment that have gone into effect as of January 1, 2025. These modifications largely provide employees with broader protections and the ability to access documents concerning their employment as well as place more transparency requirements on employers.
AI & Law: Navigating the Path Forward Together Employee Benefits, April 2025 A note from the most current ChatGPT model published by OpenAI. 
Multi-Factor Authentication is No Longer Optional for Legal Professionals By Brandon P. Woudenberg Employee Benefits, April 2025 This article emphasizes that multi-factor authentication (MFA) is essential for legal professionals, not just a 'best practice.' It highlights the increasing cyber threats in the legal industry and the need for attorneys to protect clients' data. It offers simple MFA options and discusses the risks of not using this security feature. Ultimately, the minor inconvenience of setting up MFA is worthwhile for the protection it provides against data breaches, reputational damage, malpractice claims, and disciplinary issues.
New Illinois Health Insurance Legislation Employee Benefits, April 2025 Summaries of legislation of interest to insurance law practitioners.
New Regs Implement SECURE Changes to Plan Distributions (Part 1) By Kathryn J. Kennedy Employee Benefits, November 2024 Dive into the new IRS regulations affecting retirement plan participants and beneficiaries with Kathryn J. Kennedy, former professor of law at the University of Illinois, for this first part of a two-part article series.
New Regs Implement SECURE Changes to Plan Distributions (Part 2) By Kathryn J. Kennedy Employee Benefits, November 2024 Dive into the new IRS regulations affecting retirement plan participants and beneficiaries with Kathryn J. Kennedy, former professor of law at the University of Illinois, for this second part of a two-part article series.
Federal Trade Commission: Non-Compete Rule By Bernard G. Peter Employee Benefits, October 2024 On April 23, 2024, the U.S. Federal Trade Commission issued a Final Rule banning Non-Compete Clauses in employee agreements nationwide with an exception for “senior executives” who have a Non-Compete which is in place prior to the effective date of the Rule.
A Note From the Co-Editors By Bernard G. Peter & Aldridge Asa Mauer Employee Benefits, October 2024 A note from the co-editors.
Municipal Pension Fund Attorney Entitled to a Pension By Nemura Pencyla Employee Benefits, May 2024 The appellate court recently reversed the Retirement Board of the Municipal Employees' Annuity and Benefit Fund of Chicago's decision to deny an application for a widow's annuity in Heiss v. Retirement Board of the Municipal Employees' Annuity & Benefit Fund.
Proceeding With Disability Hearing While Still Treating Is a Risky Proposition By Nemura Pencyla Employee Benefits, May 2024 A summary and analysis of a disability benefits case, Luciano v. The Retirement Board of the Policemen’s Annuity and Benefit Fund of The City of Chicago.
Village Violates Litigation and Bargaining Exceptions to Open Meetings Act By Nemura Pencyla Employee Benefits, May 2024 The appellate court recently reiterated important issues and rules public bodies must follow when conducting public meetings in light of the Freedom of Information Act and the Open Meetings Act.
Due Process Requirements in Pensionable Salary Matters By Nemura Pencyla Employee Benefits, April 2024 In a recent unpublished Rule 23 order, the appellate court analyzed the due process required for pension decisions.
HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations With HIPAA By Jennifer S. Geetter, Daniel F. Gottlieb, Alya Sulaiman, Li Wang, Edward G. Zacharias, & Kyle E. Hafkey Employee Benefits, April 2024 On February 8, 2024, the U.S. Department of Health and Human Services Office for Civil Rights and Substance Abuse and Mental Health Services Administration jointly issued a final rule to amend the Confidentiality of Substance Use Disorder Patient Records regulations under 42 C.F.R. Part 2.

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