Top Ten New Employment Law Tips in Illinois For Your Business
Lance C. Ziebell • October 7, 2019
Governor Pritzker made significant changes to employment laws in Illinois. All amendments are effective January 1, 2020, except the amendments to the Equal Pay Act. In order to be compliant with these new laws, here are some key aspects to consider:
1) Illinois Equal Pay Act: Employers are now prohibited from asking applicants about their previous jobs’ wages, salary, benefits, or other compensation. However, employees cannot be barred from discussing wages/benefits.
2) llinois Human Rights Act: The definition of “Employer” has been reduced from 15 employees to 1 or more. This reduction suggests more employers and business will be subject to the IHRA.
3) llinois Human Rights Act: Liability: Employers may be liable if they become aware of unlawful conduct and fail to take action.
4) llinois Human Rights Act: Sexual Harassment Prevention: Every employer with employees working in Illinois must annually conduct sexual harassment prevention training. Employers can use a free model program created by the Illinois Department of Human Rights, or create their own policy that models this program.
5) llinois Human Rights Act: Sexual Harassment Prevention for Restaurants and Bars: Restaurants and bars will be subject to additional requirements regarding sexual harassment prevention. Restaurants and bars will be required to provide employees with a written sexual harassment policy within their first calendar week of employment - the policy must be in English and Spanish. The policy must include: the definition of sexual harassment, an explanation of how an employee can report and/or make a complaint, confidential or otherwise, regarding sexual harassment, directions on how to contact the IDHR or U.S. Equal Employment Opportunity Commission, a prohibition on retaliation for reporting sexual harassment, and a requirement for employees to participate in sexual harassment prevention training.
6) Workplace Transparency Act: Prevents employers from inserting certain pro-employer provisions into employment agreements.
7) Family Medical Leave Act (“FMLA”): Employers cannot require employees to exhaust paid leave before using FMLA.
8) Cannabis Regulation and Tax Act: Recreational use of cannabis is now permitted. Employers are permitted to adopt and enforce reasonable, nondiscriminatory, zero tolerance and drug-free workplace policies. Adverse action cannot be taken against an employee based on cannabis use outside the workplace, but employers can take adverse action based on cannabis use while working, as long as the employee is given the opportunity to contest any such determination.
9) llinois Minimum Wage Law: Minimum wage increases to $9.25 per hour beginning January 1, 2020, and then increases again to $10.00 per hour from July 1, 2020, through December 31, 2020.
10) Fair Labor Standards Act Salary Exemption Increase: The current Fair Labor Standards Act salaried exemption will be increasing from $455.00 per week to $684.00 per week beginning January 1, 2020.
If you have any questions regarding these changes, do not hesitate to contact Lance Ziebell at lziebell@lavellelaw.com to schedule an appointment.
More News & Resources
Lavelle Law News and Events

If enacted, the Junk Fee Ban Act would protect consumers from hidden fees and promote fair business practices in Illinois. While there has yet to be legislation in the proposed Junk Fee Ban Act that excludes dealerships, it will be important to look for future updates on this bill, as Illinois is quickly becoming a hub for vehicle innovation and automotive plant expansion.

A Type F reorganization (“F Reorg”), governed by Section 368(a)(1)(F) of the Internal Revenue Code, provides a strategically significant mechanism for corporate restructuring. Defined as a “mere change in identity, form, or place of organization of one corporation,” an F Reorg permits a corporation to alter its legal existence while being treated for federal tax purposes as the same entity. This recharacterization allows for the uninterrupted preservation of tax attributes while maintaining shareholder continuity.

When it comes to estate planning, most people think about providing for their loved ones—but what about the furry, feathered, or scaled members of your family? In the United States, 68% of households own at least one pet, according to the American Pet Products Association’s 2023-2024 National Pet Owners Survey. For many, pets are more than just companions—they’re family. Ensuring their care after your death or incapacity is a vital part of comprehensive estate planning. In Illinois, a Pet Trust offers a powerful solution to guarantee your pet’s well-being long after you’re gone.

IRS Press Release Addresses Payment Plan Options - A recent press release by the IRS addressed the options that are available to taxpayers who may owe more on April 15th than they can pay. The IRS advised taxpayers that they do not need to wait until April 15 to file their 2024 federal return, and if they owe and are unable to pay the balance in full, there are payment plans available to help them pay their tax obligation.

Join us on May 21 in Schaumburg for an engaging Breakfast Briefs seminar, delving into vital strategies to fortify your business. This session will explore the critical role of crafting ironclad non-compete agreements, shielding your trade secrets, and mastering the nuances of temporary restraining orders (TROs) and injunctive relief. Our presenters, attorneys Matthew Sheahin and Jennifer Tee, bring a wealth of experience in this legal domain. Seize this chance to bolster your company’s legal protections and lay a solid groundwork for enduring success!

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued its interim final rule stating that those entities previously classified as "domestic reporting companies" are now exempt from all BOI reporting requirements. On the other hand, all foreign entities registered to do business in the USA must file their own initial BOI reports within 30 days of the initial final rule's publication, if they have not done so already.

Spring is here, and with baseball season kicking off, we’re stepping up to the plate with our annual Lavelle Law Business After Hours event. We’re excited to partner with our friends in the Schaumburg business community for an evening of networking, good vibes, and a few surprises—all hosted in the friendly confines of our Schaumburg office. Bonus points: Feel free to rock your favorite baseball team’s gear and show off your fandom while you’re at it!

Delaware corporations seeking to redomesticate to another state should be advised that on February 4, 2025, the Delaware Supreme Court issued its highly anticipated decision in Palkon v. Maffei, C.A. No. 2023-0449-JTL, addressing a challenge to TripAdvisor's redomestication from a Delaware corporation to a Nevada corporation. The case raised important questions regarding the standard of review applicable to such reincorporations, particularly when fiduciaries may derive a benefit from shifting to a legal regime perceived as more friendly.