Labor & Employment

The newsletter of the ISBA’s Section on Labor & Employment Law

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2026 Articles

2026 Annual Meeting Photos September 2026 ISBA members and guests gathered at the Ritz-Carlton in St. Louis on June 11–12, 2026, for the Annual Meeting, which featured outstanding CLE programming, networking, and business meetings. Thank you to everyone who attended and helped make the Annual Meeting a success!
Another Year, Another Flurry of Illinois Employment Legislation Brings Expanded Employee Rights and Employer Obligations By Daniel Canales & Jennifer Long January 2026 Governor J.B. Pritzer signed over 200 bills in late 2025, all of which have become effective on or by January 1, 2026. Several statutes may impact labor and employment law practice, including the Family Neonatal Intensive Care Leave Act, Illinois Human Rights Act, Wage Payment and Collection Act, Military Leave Act, and more. 
Become an Illinois Bar Foundation Champion By Jessica R. Durkin January 2026 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
BIPA Cases: 7th Circuit Rules Change to Illinois Law’s Damages Provision Retroactively Limits Defendant Exposure By Jody Kahn Mason & Jason A. Selvey May 2026 On April 1, 2026, the Seventh Circuit held that the 2024 amendment to BIPA’s damages provision applies retroactively, eliminating the possibility of “per-scan” statutory damages for cases pending at the time of enactment. The decision significantly limits defendants’ potential exposure in pending BIPA cases, as well as limits plaintiffs' recovery, and may require courts to reassess federal subject-matter jurisdiction.
Can a Member of a Metal Band Be Fired at Will? By Robin Shea January 2026 Chris Beattie, a founder of and bass player for the metalcore band Hatebreed is suing over his dismissal from the band. Despite several claims relating to Mr. Beattie's termination from the band, it is highly likely his claims will be unsuccessful. 
Careless Use of AI Kneecaps Another Lawyer By Michael R. Lied September 2026 A recent case, Scott v. Illinois Human Rights Commission, highlights yet again the importance of reviewing AI-generated content, especially if being filed before a court; the necessity to acknowledge the hallucinated AI-generated content if flagged by a court; and the real consquences that may result if attorneys do not utilize AI responsibly. 
Illinois AI Employment Law Goes Live Soon: Are Your Hiring Practices Compliant? By Liisa Thomas & Julia K. Kadish January 2026 An Illinois law addressing the use of AI in the workplace took effect on January 1, 2026. The law applies to employers, employment agencies, and labor organizations within Illinois that use AI for decisions like hiring, promotion, discharge, and other terms of employment. AI is defined broadly and includes not only generative AI but any machine-based system that generates outputs influencing employment decisions, with no specific exemptions provided.
Illinois Employers Face New Paid Leave for Jury Service + Stronger Protections for Volunteer Emergency Workers By Julia P. Argentieri, Alison B. Crane, & Sarah J. Gasperini September 2026 Illinois has enacted two laws that expand employee protections beginning Jan. 1, 2027: mandating employees are provided with paid leave for jury service; and providing additional employment protections for employees when responding to emergencies or attending training required for service as a volunteer emergency worker. 
Illinois Enacts Civil Rights Safeguard Act: Codifies Disparate Impact Theory for Employment Discrimination Claims By Jeralyn H. Baran September 2026 The Civil Rights Safeguard Act codifies the disparate impact theory—effects-based employment standard under the Illinois Human Rights Act. Once effective on January 1, 2027, the law will increase scrutiny of employer policies, practices, and decision tools that may disproportionately burden protected individuals or other covered categories identified in section 2-103.5.
Illinois Supreme Court Breaks With Federal Courts on Pay for Preliminary and Postliminary Work Activities By Michael R. Lied May 2026 In Johnson v. Amazon.com Services, LLC, the Illinois Supreme Court recently concluded that the General Assembly did not signify any intention to incorporate the preliminary and postliminary activities exclusions set forth in the Portal-to-Portal Act. Rather, the General Assembly delegated the authority to define “hours worked” to IDOL. In turn, IDOL adopted a definition of “hours worked” that necessarily includes preliminary and postliminary activities, explicitly encompassing all time that an employee is required to be on an employer’s premises.
Most Illinois Employers Can No Longer Routinely Advertise That Job Applicants Must Have a Driver’s License By Michael R. Lied September 2026 Public Act 104-0776 amends the Job Opportunities for Qualified Applicants Act. Effective January 1, 2027, an employer or employment agency may not include in any specific job posting a statement that an applicant must have a valid driver's license unless driving is one of the essential functions of the posted job and is a business necessity. 
President Trump’s Cannabis Rescheduling Order: Implications for Employment Law and Workplace Practice By Keya Denner & Tammy Woolley January 2026 Learn more about the Administrative Order, signed by Donald Trump, on December 18, 2025, directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances Act. Although the Order focuses primarily on expanding medical marijuana and cannabidiol research, its language—and the federal findings it endorses—have potentially significant implications for employment law and workplace practices across the United States.
When HR Becomes the Problem: A Worker Side Employment Lawyer’s Take on the $11.5m SHRM Verdict By David J. Fish January 2026 Even though human resources departments are supposed to be the internal guardrails, HR is often the accelerant. A look at the recent jury verdict against the Society for Human Resource Management highlights the importance of HR departments to protect the company and to protect fairness.