Articles Posted in Employment law

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E4DADDE9-71EB-48EB-B75B-5DE2649B6BE9-300x200Most business owners think of their employee handbook as a formality.

A document you put together when you hired your first few employees, maybe pulled from a template, maybe had someone review it years ago. It lives in a folder on a shared drive or in a stack of onboarding paperwork. New hires sign it. Nobody reads it closely. It sits there doing what you assume is its job.

Here is the problem. That assumption is costing Illinois businesses significant money, and it is creating legal exposure that most owners do not discover until they are already in litigation.

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C58B1923-71ED-4A57-B419-4E62F3757064-300x200If your company uses software to screen resumes, score job applicants, schedule interviews, evaluate performance, or decide who gets promoted, you may already be violating Illinois law.

That is not a hypothetical. It is the current legal reality for employers operating in Illinois as of January 1, 2026.

A lot of business owners in the Chicago area know AI tools are somewhere in their hiring process. What most do not know is that Illinois now treats the misuse of those tools as a civil rights violation, with penalties that can reach $70,000 per violation, plus actual damages and attorneys’ fees. And critically, intent does not matter. If your AI produces a discriminatory outcome, you are liable whether you meant for that to happen or not.

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1D885828-AC8E-4C7D-8E85-13945F1AEBC2-300x200What is the current status of noncompetes?

The FTC’s sweeping 2024 rule that would have banned nearly all noncompete agreements nationwide never took effect. Federal courts blocked it, and the FTC formally abandoned its appeal. There is currently no federal ban on noncompetes.

What about Illinois?

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ECBA7890-9004-47A5-AAC3-AC04083E7043-300x200What happened?

The Seventh Circuit Court of Appeals held in Clay v. Union Pacific Railroad Co. that the 2024 amendment to Section 20 of the Illinois Biometric Information Privacy Act applies to cases that were already pending when the amendment took effect on August 2, 2024.

What does that mean?

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9787E072-E540-403F-B5B0-5F60DDA589AD-300x200What changed? Illinois strengthened pay transparency mandates, expanded personnel file access rights, tightened pay stub requirements, broadened anti-discrimination protections to cover family responsibilities and reproductive health decisions, added restrictions on AI used in hiring, tightened severance and confidentiality agreement rules, and extended employee rights regarding employer-issued devices under VESSA, all effective in 2025–2026.

Who is affected? Most Illinois employers, particularly those with 15 or more employees, and any business that uses third-party recruiting tools, applicant tracking software, or staffing agencies.

What should you do now? Conduct a focused employment law audit covering job postings, payroll stubs, personnel file procedures, employee handbooks, AI-enabled vendor contracts, severance templates, and company-device policies.

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What-Illinois-Business-Owners-Should-Know-About-the-One-Big-Beautiful-Bill-Act-300x300Illinois business owners have been closely following developments under the Corporate Transparency Act (“CTA”), particularly given the uncertainty created by conflicting court decisions and shifting enforcement positions. A recent federal appellate ruling provides important legal clarity, although practical compliance obligations for Illinois entities remain limited for now.

Federal Appellate Court Upholds the CTA

On December 16, 2025, the United States Court of Appeals for the Eleventh Circuit issued a unanimous decision in National Small Business United v. U.S. Department of the Treasury, holding that the CTA is constitutional. This ruling overturned a March 2024 federal district court decision that had invalidated the statute.

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What-Illinois-Business-Owners-Should-Know-About-the-One-Big-Beautiful-Bill-Act-300x300

Bellas and Wachowski attorneys chicago illinois suburbs to help you with your business compliance

Illinois and the City of Chicago continue to take a firm stance on workplace harassment prevention. For business owners, this means that annual sexual-harassment training is mandatory, and Chicago employers face additional, more extensive requirements each year.

Many companies remain unaware of how these obligations overlap, and the consequences for noncompliance can be expensive. Here is a straightforward reminder of what you must provide and where to find free, compliant training materials.

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What-Illinois-Business-Owners-Should-Know-About-the-One-Big-Beautiful-Bill-Act-300x300The Federal Trade Commission (FTC) tried to ban non-compete agreements across the country. That sweeping ban is now effectively dead. A federal judge struck it down, and the FTC recently gave up its appeals.

But that doesn’t mean employers are free to use non-competes however they like. The FTC has made clear that it will still go after what it sees as “anticompetitive” non-competes on a case-by-case basis. And here in Illinois, state law continues to strictly regulate how and when non-competes can be used.

For business owners, the message is simple: non-competes are not gone, but they’re under a microscope.

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What-Illinois-Business-Owners-Should-Know-About-the-One-Big-Beautiful-Bill-Act-300x300Several new employment laws go into effect in September and will affect employers in every state.

Independent Contractors rules:

  • The US Department of Labor adopted a six-factor test in January for classifying independent contractors under the Fair Labor Standards Act. This replaces the previous two-factor approach. The result is more workers will be classified as
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