July 2019 Illinois Client Update

Illinois Client Update

Legal News for Illinois Employers

July, 2019

Illinois - Catching up to California?!

By Walter J. Liszka, Esq.

Under the tripartite leadership of Pritzker, Madigan and Cullerton, Illinois is quickly attempting to "catch up" to California as a very pro-employee State.

Here are a few examples of the tripartite recent developments:

Illinois Wage Payment and Collection Act - Effective January 1, 2019, employers must reimburse employees for all "necessary expenses that inure to the primary benefit of the employer". These expenses may constitute costs for computers, cell phones, uniforms, etc. Employers should review their policies to determine what these "necessary expenditures" will be.

"Illinois Lawmakers are on a mission to increase Employee protections."

2. Illinois Nursing Mothers in the Workplace Act - Effective August, 2018. The Act requires Employers to provide "reasonable paid breaks to Mothers for nursing or expressing milk within one (1) year of a child's birth". While these breaks may run concurrently with other break times, an Employer cannot reduce an Employee's pay for any additional time taken and used for nursing or expressing milk. If an Employer refuses to provide these breaks it must meet the very demanding standard that providing the breaks that would be on "undue hardship on the Employer".

Contact Nancy in our St. Charles, IL office at (630) 377-1554 or by email

The IDES Has Sprung to Life!! Important News for Illinois Companies Who Use Independent Contractors

By Nancy E. Joerg, Esq.

Over the many years in which I have represented Illinois companies before the Illinois Department of Employment Security (IDES), I have seen the activity level of the IDES ebb and flow.

"The IDES has done much hiring, with a resulting burst of audits and hearings!"

In some years, the IDES is very energetic and active, sending out its army of IDES auditors to audit Illinois businesses (making sure these businesses are paying the proper amount in taxes called contributions). In other years, especially recently, the IDES has been much less active, with audits and hearings scheduled at a much slower pace. But currently the IDES has done much hiring of auditors and hearing officers, with a resulting burst of audits and hearings!

C ontact Walter in our Chicago, IL office at (312) 629-9300 or by email

Recreational Cannabis Law - Beware of Pitfalls

By Walter J. Liszka, Esq.

On May 31, 2019, the State of Illinois approved House Bill 1438 which created the "Cannabis Regulation and Tax Act". This Bill was signed, with a lot of "fanfare and publicity," by Governor Pritzker on June 24, 2019. The Act provides that, effective January 1, 2020, Illinois Residents who are 21 years of age or older may legally possess up to thirty (30) grams of cannabis flower; no more than 500 milligrams of THC contained in cannabis infused products and five (5) grams of cannabis concentrate. Non-Illinois residents will be able to legally possess fifteen (15) grams of cannabis flower; no more than 250 milligrams of THC and cannabis-infused products and 2.5 grams of cannabis concentrate (i.e., one-half of that Illinois available residents). Any and all permitted cannabis purchases must be made from licensed cannabis dispensaries.

"It will be delicate balancing act in establishing compliance with Employer’s Drug Policy requirements."

Obviously, the House Bill also provided substantial tax incentives to be taken on the above purchases and, in the opinion of the author, that is the major or principal reason that this legislation has been passed.

Employment Law Questions?

We can help you solve these workplace issues and many more:

Employee coming in late?
ACA/ADA/FMLA questions?
Can I deduct the cost for a uniform from employee pay?
What new employee paperwork do I need?
Accident at work?
Do all these new laws apply to my company?
Can I fire an employee and not be sued?
Does our privacy policy cover internet use?
Can my employees Tweet that?
Employees sharing confidential information?

What Illinois Employers Need To Know About Terminations! And How To Protect The Company!

Join Attorneys Richard Wessels, Nancy Joerg, Joe Laverty and Tony Caruso for our popular half day breakfast seminar ! Limited seating! Sign up right away!

In a lovely setting, learn about termination strategies and employment at will in Illinois; how to terminate employees on medical leave; how to document misconduct; and the use of settlement and release agreements to reduce risks in terminations.

Delicious continental breakfast! Raffle prizes! Don't miss this!!

How to Use Severance & Release Agreements When Firing an Employee

When: Thursday, September 12, 2019, 2-3 pm

Presented by Attorneys Nancy Joerg & Tony Caruso

If a company is planning on terminating an employee whom the company feels may be litigious or may be a high-risk termination, then the company may want the employee to sign a severance and release agreement. Giving an employee severance in exchange for the employee signing a release of all claims is an effective way a company can help avoid potential litigation .

Want more information? Contact Tammy Nelson at (630) 377-1554 or by email

Employee Handbooks for Illinois Employers. What Policies to Include (and Why)!

When: Thursday, November 7, 2019, 2-3pm

Presented by Attorneys Nancy Joerg & Tony Caruso

Have you ever wondered if your employee handbook is really up to date and complete ? Are you in the process of re-writing your handbook and you're not sure what you should, or should not, include? Join us to learn the true purpose of a handbook; Illinois specific language to use ; what policies to leave out; how to treat employee benefits; and what handbooks should say about performance reviews and salary.

Want more information? Contact Tammy Nelson at (630) 377-1554 or by email

Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Minnesota, Wisconsin, and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected.

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Editor-in-Chief: Nancy E. Joerg, Esq.