Subject Index Employment Law

The Illinois Wage Payment and Collections Act has been amended to modify calculation of the non-waivable administrative fee amount that an employer is required to pay when ordered by the Department of Labor or a court to pay unpaid wages or other compensation to an employee.

On November 22, 2013, the Illinois First District Appellate Court held that unpaid future wages do not constitute "final compensation" recoverable by an employee under the Illinois Wage Payment and Collection Act (the "Act"), 820 ILCS 115/1 et seq. (West 2006).

On November 14, 2013, the Illinois Appellate Court for the Fourth District held that a temporary employee who is assigned a parking space in a parking lot designated for employees, and is then injured in that parking lot on her way to work, has sustained injuries that arose in the course of and out of her employment.

Under the Right to Privacy in the Workplace Act, an employer may not request an employee or prospective employee to disclose passwords or account information concerning his or her private social networking accounts.

Illinois employers are now prohibited from requesting or requiring password or account information or demanding access to employees' or prospective employees' social networking profiles. 820 ILCS 55/10.

Illinois lawmakers have extended the deadline for the Task Force on Inventorying Employment Restrictions's report to the Illinois Governor and General Assembly. 20 ILCS 5000/15.

The Equal Pay Act of 2003 has been amended to introduce section 27 (820 ILCS 112/27 new).

On July 17, 2012, the fourth district appellate court held as a matter of law that noncompetition and nonsolicitation covenants between a tax preparation service and tax preparer for two and one years, respectively, were enforceable even if the tax preparer only agreed to work for 104 days.

The Illinois Human Rights Act has been amended to protect pregnant employees (775 ILCS 5/2-102).

On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).

The Illinois Department of Labor recently amended the rules governing complaints under the Equal Pay in Employment regulations. 56 Ill Adm Code 320.