Illinois Client Update
Legal News for Illinois Employers
May, 2019
Contact Richard in our St. Charles, IL office at (630)377-1554 or by email
Highlights of Labor Law Developments So Far This Year
By Richard H. Wessels, Esq.
Here are some of the most news-worthy developments in labor law for the first months of 2019.

Local Right to Work Laws in Illinois Now Banned
Governor Pritzker on April 12, 2019, signed legislation which prohibits local governments from passing Right to Work ordinances. Right to Work laws bar employers and unions from entering into a collective bargaining agreement that requires employees to join a union as a condition of employment. This law took effect immediately.
NLRB Rules on Rights of Beck Objectors
On March 1, 2019, the NLRB ruled that a private sector union may not require non-member objectors to pay for political lobbying expenses. Such employees have been known by the name of a Supreme Court case as Beck objectors. This case involved lobbying expenses and the NLRB held that Beck objectors could not be charged because the expenses were not related to collective bargaining, contract administration, or grievance adjustments.

C ontact Walter in our Chicago, IL office at (312) 629-9300 or by email
Biometric Information Privacy Act -- Getting Stranger and Stranger
By Walter J. Liszka, Esq.
By now, every Employer in the State of Illinois is aware of the Illinois Supreme Court Decision in the Rosenbach v. Six Flaggs Entertainment Corporation and the State Supreme Court interpretation that, under the context of the Illinois Biometric Privacy Act, a Plaintiff does not need to show an "actual injury" to process a claim, merely establishing that the Employer has not complied with the requirements of the Act."

Those requirements are of informing Employees in writing of the specific policy for the collection of Biometric data; providing a retention schedule and guidance for permanent deletion of Biometric Information and, most importantly, procuring from the involved Employee a written release authorizing the collection of Biometric Information. If these procedures are not followed, the Employee would have a claim. As well, based on newspaper reports and an article written by this author for the Illinois Client Update, the State Legislature is considering "amending the Biometric Information Privacy Act to remove the private cause of action and make the Act solely enforceable by the Illinois Attorney General.
Whether or not that Amendment will pass the Illinois Legislature is subject for debate since the Plaintiff's Lawyer's Bar seems to have a very close rapport with the Democratic Majority in the State House and Senate.

Contact Nancy in our St. Charles, IL office at (630) 377-1554 or by email
Illinois Employers Should Not Go Overboard With Non-Compete Agreements
By Nancy E. Joerg, Esq.
In order to have non-compete agreements which have a chance of being found legally enforceable by an Illinois judge, Illinois employers must carefully figure out the scope of activities to be restricted by their proposed non-compete agreements. Employers relying on the protection of a non-compete agreement naturally want to protect the company's legitimate business interests. The problem is that a one-size-fits-all broad restriction is more comprehensive than a narrow restriction but runs the extremely high risk it will be judged unreasonably broad and therefore legally unenforceable in Illinois.
Illinois employers often want to use broad restrictive non-compete clauses, especially with higher-level key employees, in an effort to carefully protect their business interests (customer base, sales strategies, special manufacturing processes, etc.). Nonetheless, it is important to remember that overly broad and very restrictive non-compete clauses are strongly disfavored by judges in many states, including Illinois . Such very broad restrictive non-compete agreements may well "backfire", resulting in the complete invalidation of the entire non-compete agreement.

Joerg Speaks To Society Of Human Resource Professionals About How To Win Ides Unemployment Insurance Hearings
Nancy Joerg spoke to members of Illinois Fox Valley Society of Human Resource Professionals at the Association's monthly lunch meeting at the Elgin Country Club on Thursday, May 9, 2019. Nancy's presentation was titled: " How Employers Can Win Illinois Department of Employment Security (IDES) Unemployment Insurance Hearings ."
Nancy covered the following topics: Pro-business legislation that helps employers win IDES cases and hearings; strategies for employers who are protesting misconduct or voluntary leave cases; little known (and very important) exceptions to voluntary leave so employers can win; how employers can prepare for unemployment insurance hearings…and WIN!; and when it is worthwhile for employers to protest hearing decisions.
What Should (And Should Not) Be In An Independent Contractor Agreement!
Thursday, June 20, 2019
2:00 - 3:00 pm
A lot of money (and disruptions to your operations) can be at stake in legal challenges to independent contractor status! Therefore, it is well worth your time to participate in this teleseminar if your company or your clients use independent contractors. This is a rare opportunity to gain valuable insight (and practical tips!) into the best ways to lower your liability in using independent contractors . Don't miss this fantastic teleseminar!
What Should (and Should Not) be in an Independent Contractor Agreement!
When: Thursday, June 20, 2019, 2-3pm

Presented by Attorneys Nancy Joerg & Tony Caruso

A lot of money (and disruptions to your operations) can be at stake in legal challenges to independent contractor status! Learn more about the best ways to lower your liability in using independent contractors .
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 .
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.
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.  
Editor-in-Chief: Nancy E. Joerg, Esq.