Published December 11, 2019
On January 1, 2020, the Cannabis Regulation and Tax Act (the “Act”) becomes effective, legalizing the recreational use and sale of marijuana in Illinois. As the effective date nears, we continue to recommend that higher education institutions review their clinical program policies, administrative procedures and practices, and their third-party
Published December 5, 2019
On December 4, 2019 Governor Pritzker signed into law SB 1557 amending the Cannabis Regulation and Tax Act (the “Act”). SB 1557, among other things, clarifies an employer’s right to take adverse action against an employee or prospective employee who tests positive for marijuana. Prior to SB 1557, the Act strongly suggested that employers
Published December 4, 2019
105 ILCS 128/45, added by P.A. 101-455, has two requirements with approaching deadlines.
School districts must implement a threat assessment procedure by December 24, 2019. Due to the holiday break, we recommend implementation by December 21, 2019. The threat assessment procedure may be part of a school board policy on targeted school violence prevention
Published November 8, 2019
In Cooke v. Illinois State Board of Elections, 2019 IL App (4th) 180502, the Appellate Court held that a political committee’s use of funds for gas and vehicle repairs were for personal rather than campaign purposes and therefor a violation of the Election Code. Over a 15-year period the political committee in Cooke made payments for gas and vehicle
Published October 17, 2019
The Fourth District Appellate Court recently affirmed the standard for willful and wanton conduct under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq.) In Murphy v. Springfield Park District, 2019 IL App (4th) 180662 (4th Dist. 2019), Plaintiff sued the Park District alleging that the Park District willfully
Published October 15, 2019
Effective August 26, 2019, Public Act 101-459 narrowly expanded the topics that can be discussed in closed session under Section 2(c)(1) of the Open Meetings Act. Under this new act, a public body may now discuss in closed session the appointment, employment, compensation, discipline, performance and/or dismissal of “specific individuals who serve as
Published September 27, 2019
On September 24, 2019, the United States Department of Labor (DOL) released its final rule updating the Fair Labor Standards Act (FLSA)'s regulations concerning minimum wage and overtime pay exemptions. The 2019 final rule formally rescinds the DOL's widely debated 2016 rule that a federal judge in Texas invalidated shortly after publication.
Published September 26, 2019
The US Court of Appeals for the Seventh Circuit recently issued a decision with regard to a village ordinance limiting the size and location of signs. In Leibundguth Storage & Van Service, Inc. v. Village of Downers Grove, No. 16-3055 (7th Circ. 2019), Plaintiff sued the Village of Downers Grove claiming that a sign ordinance violated the business's
Published September 3, 2019
A one-sentence amendment to the Local Government Wage Increase Transparency Act (the “Act”) was signed into law on August 9, 2019, which states:
“’Disclosable payment’ also includes accumulated sick leave.” 50 ILCS 155/5(b).
The state representative who sponsored the legislation explained to the media that the amendment
Published August 29, 2019
On August 27, 2019, Governor Pritzker signed legislation that requires Illinois school districts to create an appeals process for teachers who receive “unsatisfactory” ratings on their performance evaluations. Governor Pritzker lauded this legislation, stating that it bolsters every teacher’s right to a fair evaluation. The legislation