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McKenna Minutes

“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

Civil Tort Law



Illinois State Legislature Passes Bill That May Allow Increased Civil Claims Against Illinois Employers

Illinois State Legislature Passes Bill That May Allow Increased Civil Claims Against Illinois Employers

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In this Issue

    On March 14, 2019, the Illinois House passed Senate Bill 1596 by a vote of 70-40-1. The Bill creates a statutory exception to the workers’ compensation exclusive remedy provision for occupational injuries otherwise barred due to the Acts’ repose provisions.


    Categories Civil Tort Law Employment Law


    SMALL COMPANIES NEED TO KNOW THE EMPLOYMENT LAWS

    SMALL COMPANIES NEED TO KNOW THE EMPLOYMENT LAWS

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    Smaller companies often mistakenly believe that the state and federal employment discrimination laws do not apply to them because they are too small to be expected to know the laws or should not be held to the same standards of a larger company.


    Categories Employment Law


    Illinois Employers Must Update Employee Reimbursement Policies by January 1, 2019

    Illinois Employers Must Update Employee Reimbursement Policies by January 1, 2019

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    The Illinois Wage Payment and Collection Act has been amended to require reimbursement of employees expenses, which may include higher ticket items like cellular phones, cellular data service fees, home computers and internet provider fees for employees who are expected to work remotely and more travel expenses.


    Categories Business Law Employment Law


    All Employers Need A Workplace Violence Policy or Plan

    All Employers Need A Workplace Violence Policy or Plan

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    Employers need to be proactive in formulating a written policy for workplace violence. The news is replete with stories of workplace violence. A disgruntled ex-employee, coworker or spouse of an employee, or sometimes just a random customer or stranger walks in and violence breaks out.


    Categories Employment Law


    Illinois Expanded Its ‘Nursing Mothers in the Workplace Act’ to Require Paid Breaks for Nursing Moms

    Illinois Expanded Its ‘Nursing Mothers in the Workplace Act’ to Require Paid Breaks for Nursing Moms

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    The Illinois Legislature recently approved amendments to the Nursing Mothers in the Workplace Act, 820 ILCS 260, changing nursing mothersunpaid breaks to paid. Under 820 ILCS 260, Section 10, any covered employer must provide paid breaks to mothers needing time to express breast milk:


    Categories Employment Law


    Federal Courts Are Expanding Title VII Protections to Transgender Status and Sexual Orientation

    Federal Courts Are Expanding Title VII Protections to Transgender Status and Sexual Orientation

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    Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of . . . sex.” 42 U.S.C. § 2000e-2(a) (2012 Since its enactment, the Supreme Court has interpreted Title VII expansively to prohibit not only discrimination based on gender, but also same-sex sexual harassment and discrimination based on gender stereotypes. Nevertheless, the U.S. Supreme Court has not yet ruled on the issue of whether discrimination based on sexual orientation or transgender status violates Title VII.


    Categories Employment Law


    Department of Labor Relaxes the “Unpaid Intern Test” in time for Summer Employment.

    Department of Labor Relaxes the “Unpaid Intern Test” in time for Summer Employment.

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    This is the season when employers are finalizing their plans for summer interns. The summer internship gives students experience in the working world and the company is provided the opportunity to get to know the student prior to extending post-graduation employment offers.


    Categories Employment Law


    Does the DOT Medical Exam Violate the ADA: 4 Ways Motor Carriers Can Comply with Both

    Does the DOT Medical Exam Violate the ADA: 4 Ways Motor Carriers Can Comply with Both

    When hiring or recruiting drivers, commercial truck driving companies must walk a tightrope between not violating the Department of Transportation’s health standards for long-haul truck drivers (DOT Regulations)


    Categories Commercial Transportation Law Employment Law


    What Employers Need to Know About the Legal Obligations of the Working Interview

    What Employers Need to Know About the Legal Obligations of the Working Interview

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    The typical job applicant will put their credentials on a job application or resume and the employer has to decipher through the job interview and background review process whether the credentials accurately reflect the applicant’s abilities and maybe more importantly, whether the applicant is a good fit for the company.

    Continue Reading

    Categories Employment Law


    Service Animals and the Americans With Disabilities Act

    Service Animals and the Americans With Disabilities Act

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    We often see people with service dogs on the street, in the stores, and on trains and it appears as if the number is growing. People with disabilities use a service dog in order to fully participate in everyday life. Service animals perform tasks such as helping a vision impaired individual get around, to alerting a hearing loss person of what is out of sight, to providing physical stability to ambulate to even helping a person during a medical crises.


    Categories Employment Law


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