What We Think

As discussed in our August 2019 newsletter, Illinois’ new #MeToo laws place a number of new requirements on employers as well as expand the scope of employers that must comply.  Below is a helpful checklist of items and actions that employers with employees in Illinois should review with their counsel to help ensure compliance:

Because federal tax law now allows individuals to make gifts of $11.4 million tax-free over their lifetime, some people are relegating their estate and financial planning to the bottom of their “to do” lists.  People with fewer or even modest assets may assume that estate planning is either unnecessary or it should be a low priority.  There are several reasons, however, to prioritize estate planning.

A surge in copyright litigation is targeting websites that contain third party images, such as freelance photographs and artwork. Now a recent Federal Court of Claims decision may extend the deadline for filing such copyright infringement cases indefinitely.

On August 9, 2019, Governor J.B. Pritzker signed sweeping anti-harassment legislation, known as SB 75. SB 75 enacts new laws and amends existing laws seeking to address harassment, discrimination, and transparency in the workplace.

As companies move into their budgeting and planning processes for 2020 and continue to implement their 2019 plans, it is timely to start evaluating expansion plans and compliance of existing Illinois operations.  While all operations are different, a common theme amongst the overwhelming majority is employment and retention of contractors in Illinois.

Effective January 1, 2020, recreational cannabis use will be legal in Illinois. The Cannabis Regulation and Tax Act (the “Act”) prevents employers from disciplining or terminating an employee for their lawful use of cannabis outside the workplace.

The California Consumer Privacy Act (“CCPA”) will become effective on January 1, 2020.  Any entity that has personal information about California consumers – i.e. if your business has California customers, employees, or contacts – may be covered by this law. 

Federal regulations require financial institutions to provide customers with a written disclosure of the institution’s privacy policy at the time a relationship is established and annually thereafter. This requirement has often been criticized as a nuisance for businesses with no meaningful benefit for consumers.

A recent appellate decision may signal a narrowing of the scope of the federal law that online platforms have invoked for over 20 years to avoid liability for content third parties create. The case is noteworthy not only for digital media companies but also for any business that hosts user-generated content online.

As discussed in our January 2019 Legal Update, an amendment to the Illinois Wage Payment and Collection Act effective as of January 1, 2019 (the “Amendment”) requires employers to reimburse employees for all “necessary expenditures” (i.e., expenses or losses) that are within their scope of employment and directly related to services they have performed for the employer.

We wish our clients and friends a healthy, happy, and prosperous 2019. Our January Legal Update highlights new laws and amendments that may be of interest to Illinois businesses and individuals. We encourage all those potentially affected by these developments to consult with legal counsel to ensure they are in compliance with, or consider taking advantage of, new provisions in these laws.