Pub. 10 2020 Issue 1

11 plans should be reviewed to ensure overtime-exempt employees will continue to qualify for the foregoing exemptions. Illinois Employment Discrimination and Sexual Harassment Employers’ obligations are also significantly impacted relative to employment discrimination and sexual harassment. These changes limit the use of employment policies or other agreements, such as nondisclosure agreements, arbitration clauses and non-disparagement clauses, to prevent an employee from reporting sexual harassment for cases involving harassment, discrimination and retaliation. The new law seeks to regulate employer practices to ensure employees are not forced to accept contract provisions that would make them vulnerable to sexual harassment and discrimination in the workplace. Highlights of this law include: • Making harassment against contract employees illegal; • Clarifying that it’s illegal to discriminate against an employee if that employee is perceived to be part of a protected class, even if he/she is not; • Expanding the Victims Economic Security & Safety Act to allow victims of gender violence to take unpaid leave from work to seek medical help, legal assistance, counseling, safety planning and other assistance; • Preventing a union representative from representing both a victim of sexual harassment and the alleged harasser in a disciplinary proceeding; • Requiring employers to disclose the number of final adverse administrative or judicial decisions of sexual harassment and discrimination against them to the Department of Human Rights; • Requiring employers to annually train their employees on preventing sexual harassment. Illinois Minimum Wage Increase The Illinois minimum wage increased effective Jan. 1, 2020 and will continue to increase to $15 an hour by 2025 and $13 for those under 18 by 2025. Teen wage is determined as under the age of 18 and working less than 650 hours per calendar year. Below are the scheduled increases. Date of Change Minimum Wage Teen Wage 1/1/20 $9.25 $8.00 7/1/20 $10.00 NA 1/1/21 $11.00 $8.50 1/1/22 $12.00 $9.25 1/1/23 $13.00 $10.50 1/1/24 $14.00 $12.00 1/1/25 $15.00 $13.00 Legalization of Recreational Use of Cannabis The recreational use of marijuana has been legalized. This new law presents significant challenges to Illinois employers, who are legally required to provide a safe working environment for all employees, including workplace accidents. The law allows The number of “Executive, Administrative and Professional” employees and “Highly Compensated” employees who qualify for overtime pay changed as of Jan. 1st. Illinois residents and non-residents who are over 21 years old to purchase and use cannabis legally subject to quantity and other restrictions. While employers may enforce drug testing policies, including zero tolerance and drug-free workplace, and may prohibit employees from using, possessing or being impaired while in the workplace, performing their jobs or while on call, there are certain limitations that employers with the guidance of legal counsel, must take into consideration. Other Employment-Related Changes As 2020 ushered in, so did changes to: the Equal Pay Act, prohibiting employers from practices related to wage history screening; the Illinois Human Rights Act, further regulating the use of arrest information in the employment process by expanding the definition of an “arrest record”; the School Visitation Rights Act to prohibit (effective Aug. 1, 2020) terminating an employee solely for an absence from work for attendance at a school conference, behavioral meeting or academic meeting; the Organ Donor Leave Act, to prohibit an employer from retaliating against an employee for requesting or obtaining a leave of absence to donate blood, an organ or bone marrow. Ensure dealership practices and policies are updated to be in compliance with all the new 2020 changes.  Julie A. Cardosi is an attorney and president of the private firm, Law Office of Julie A. Cardosi, P.C., of Springfield, Illinois. She has practiced lawforover30yearsandrepresentsthebusiness interestsoffranchised new-vehicle dealers. Formerly in-house legal counsel for IADA, she concentrates her practice in the areas of mergers and acquisitions and othertransfersofdealerownership,franchise law,commercial law,state and federal regulatory compliancematters, including employment and other areas impacting day-to-day dealership business operations. She has also served as former Illinois Assistant Attorney General and Deputy Chief of the Consumer Fraud BureauoftheAttorneyGeneral’sOffice.Thematerialdiscussed inthisarticle isforgeneral informationonlyand isnot intendedas legaladviceandshouldnotbeacteduponassuch. Dealers should consult their own private legal counsel for application to their specific circumstances. Formore information, Julie can be reached at jcardosi@autocounsel.com , or at 217-787-9782, ext. 1.