On December 21, 2017 the Illinois Appellate Court for the Second District determined that an actual injury is required in order to state a cause of action under the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.). Rosenbach v. Six Flags Entertainment Corp. 2017 Illinois Appellate (2nd) 170317. In the Rosenbach case, plaintiff filed a class action lawsuit alleging that Six Flags was liable for violation of the Act because it did not obtain her permission to collect a thumb print of her son when he bought a season pass for the Great America theme park. In her complaint, plaintiff did not allege any actual harm or injury.
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
The Illinois General Assembly has struck again. On August 11, 2017, Governor Rauner signed into law an amendment to the Illinois Human Rights Act providing that discrimination includes a practice by an employer imposing upon a person as a condition of obtaining or retaining employment, including promotion, advancement, or transfer, any terms or conditions that would require such person to violate or forgo a sincerely held practice of his or her religion, including, but not limited to, the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion.
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech Community College of Indiana. Although the court which heard the case en banc reached the result via three routes, the holding confirms that sexual orientation discrimination is cognizable under Title VII in the Seventh Circuit. Chief Judge Wood led a five-member majority in holding that sexual orientation discrimination is sex discrimination under Title VII and, therefore, covered by the statute.
On February 2, 2017, the National Labor Relations Board issued a decision and order in the case of T-Mobile USA and CWA. In this case, T-Mobile, following substantial proof that the members of a collective bargaining unit no longer maintained majority support for representation by the CWA, pursued the strategy of continuing to honor the collective bargaining agreement but refused to negotiate over a successor agreement unless and until the representation issue was resolved.
A slew of new laws went into effect on January 1 in Illinois. Below are key labor and employment laws: SB3163 creates the Illinois Freedom to Work Act providing that no employer may enter into a covenant not to compete with any low-wage employee. Low-wage employee is defined as a wage earner making the greater of the applicable minimum wage or $13.00 per hour. HB3554 directs the Illinois Department of Labor to search for employees who have been harmed by unpaid wages so they may recover what they are owed.