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McKenna Minutes

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

-Oliver Wendell Holmes, Jr.

COVID19



Illinois Businesses Should Look At The Model ABA Rules For Guidance On Virtual Practice

Illinois Businesses Should Look At The Model ABA Rules For Guidance On Virtual Practice

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More than a year has passed since businesses moved to a virtual format in the wake of the Covid-19 global pandemic. Covid-19 is still circulating and new strains, including some more virulent strains, are still a concern for much of the world. We can no longer assume that the remote work place is merely a temporary convenience. While some businesses are in the process of returning their workers to the office, for many businesses, virtual offices is here to stay. All businesses, but especially small businesses, need to explore how to keep private client information confidential. Confidentiality is important not only for state and federal compliance laws, but also to serve client needs and expectations.


Categories COVID19 Employment Law General Litigation Legal Updates


Illinois State Legislature Casts a Dark Shadow Over All Litigants With New Bill Setting 9% Prejudgment Interest To Accrue From Notice Of Injury

Illinois State Legislature Casts a Dark Shadow Over All Litigants With New Bill Setting 9% Prejudgment Interest To Accrue From Notice Of Injury

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At the urging of the Plaintiffs’ bar, the Illinois State Legislature—at the last minute in a lame duck session, passed a draconian and unconstitutional new measure that will harm tort litigants for years to come if it is signed by the Governor and becomes law. Currently, prejudgment interest does not accrue on personal injury claims. The legislation—House Bill 3360, provides that prejudgment interest would accrue from notice of the injury, not the date of filing suit, and at a rate of 9%.


Categories General Litigation Legal Updates


Employers Can Avoid Penalties for Failing to Comply with Illinois’ Mandatory Sexual Harassment Prevention Training Law

Employers Can Avoid Penalties for Failing to Comply with Illinois’ Mandatory Sexual Harassment Prevention Training Law

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The Illinois Workplace Transparency Act required all employers to train employees on sexual harassment prevention by December 31, 2020, and requires training thereafter on an annual basis. If your company failed to do so, there is still time to comply to avoid penalties.


Categories Business Law Employment Law General Litigation Legal Updates


Mandatory Employee COVID-19 Vaccination Policies Receive Approval from the EEOC

Mandatory Employee COVID-19 Vaccination Policies Receive Approval from the EEOC

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Employers may be able to mandate that employees get a COVID-19 vaccination before returning to the workplace. The EEOC has updated its COVID-19 webpage to include a section regarding guidance on whether an employer-mandated vaccination policy would violate various federal laws. While the EEOC guidance does not directly state that mandatory vaccination policies are lawful, it addresses various other employee protection laws predicated on the notion that such a mandate is lawful. According to the EEOC, employers are required to provide a safe workplace in which “….an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”


Categories Business Law COVID19 Employment Law General Litigation Health Care Law Legal Updates


Illinois’ Mandatory Sexual Harassment Prevention Training- Reminder

Illinois’ Mandatory Sexual Harassment Prevention Training- Reminder

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Time is running out. The Illinois Workplace Transparency Act requires all employers to train employees on sexual harassment prevention by December 31, 2020, and on an annual basis thereafter. This requirement applies to all employers with employees working in the State of Illinois. There is no Covid-19 pandemic response reprieve.


Categories Employment Law General Litigation Legal Updates


Municipal Authority and Liability During COVID-19 Pandemic

Municipal Authority and Liability During COVID-19 Pandemic

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The COVID-19 pandemic has impacted our world in a variety of ways we could have never imagined. Opinions on the danger of the virus and how to deal with it also vary greatly. Perhaps the primary issue in the United States, and other countries, is how to balance public health and safety against the economic strain of mandated business shutdowns or restrictions. While the health, safety, and welfare of their constituents remains the top priority of most elected officials, pressure from the business community to help ensure its survivability has intensified during the recent coronavirus resurgence.


Categories COVID19 General Litigation Legal Updates


Maintaining a Drug-Free Workplace after Illinois Legalized Marijuana

Maintaining a Drug-Free Workplace after Illinois Legalized Marijuana

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The Illinois Cannabis Regulation and Tax Act (“Cannabis Act”) legalized the use and possession of recreational cannabis for adults age 21 or older beginning January 1, 2020. The Cannabis Act allows Illinois residents at least 21 years old to possess up to 30 grams of marijuana flower and 5 grams of marijuana concentrate for personal use.


Categories Business Law Employment Law General Litigation Legal Updates


Deciphering Minimum Wage In Illinois Is Not An Easy Task

Deciphering Minimum Wage In Illinois Is Not An Easy Task

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By now, most Illinois employers know that the minimum wage in Illinois has gone up. Governor JB Pritzker signed legislation providing a path to an Illinois minimum wage of $15.00 by 2025.

As of July 1, 2020, Illinois’ minimum wage is $10 per hour but there are exceptions and nuances to the law and some jurisdiction have a higher minimum wage.


Categories Employment Law General Litigation Legal Updates


Employers Should Have a COVID-19-Return-to-Work Plan Before Reopening

Employers Should Have a COVID-19-Return-to-Work Plan Before Reopening

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As more states loosen the COVID-19 Shelter in Place laws and people begin to return to previously sheltered business, it is essential that businesses have a plan for how that return to work will look and, equally important, convey relevant portions of the plan to its employees.

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Categories COVID19 Employment Law General Litigation Health Care Law Insurance Coverage Legal Updates


Illinois Requires Written Sexual Harassment Prevention Policies For All Public Contractors

Illinois Requires Written Sexual Harassment Prevention Policies For All Public Contractors

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Illinois’ amended COVID-19 Shelter in Place rules permits essential workers, which includes most businesses that contract with the State of Illinois for essential services, including construction and healthcare, to continue to perform their essential functions.
For businesses bidding for work with Illinois during this COVID-19 time they must understand and comply with the Illinois Human Rights Act regarding sexual harassment prevention policy and training.


Categories Employment Law General Litigation Legal Updates


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