Students Given Four Day Out-of-School Suspensions Now Must Receive Support Services

by Kelli Melin Effective August 9, 2024, out-of-school suspension notice templates have been simplified. Under Public Act 103-0896, the template for a four-day out-of-school suspension no longer exists. Rather, school districts must now use the out-of-school suspension template previously used for a suspension of five or more days for out-of-school suspensions of four or more days. The School Code continues …

Federal Rule Restricts Administrative Requests by Law Enforcement for HIPAA-Protected Medical Records

by Michael Castaldo, III The United States Department of Health and Human Services just made it harder for law enforcement officers to obtain medical records from entities covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Under HIPAA’s Privacy Rule, covered entities (including fire departments, hospitals, and other healthcare firms) are required to safeguard their patients’ Protected …

Department of Labor Updates FLSA Exemption Rules: What Employers Need to Know

by Adam Hudoba The U.S. Department of Labor (“DOL”) has issued a final rule that significantly alters the landscape of overtime pay exemptions under the Fair Labor Standards Act (“FLSA”). Effective July 1, 2024, this new rule updates certain exemptions from overtime pay requirements for executive, administrative, professional, and highly paid employees in two major ways. First, the rule raises …

New Laws for the Upcoming School Year

by Maureen A. Lemon Our annual School Law Conference takes place on September 11, 2024 from 8 a.m. – noon in Lisle. We will provide a comprehensive summary of federal and State changes which impact your schools at that time. Registration details are available on our website. In the meantime, we want to share some important legal updates as you …

Felony Forfeiture of Public Pension Benefits: A Cautionary Tale

by Brian Johnston and John Motylinski In the realm of public service, the promise of a secure retirement pension is often a significant factor in attracting and retaining dedicated professionals. However, for Illinois firefighters and police officers, this promise comes with a crucial caveat: being convicted of a felony related to one’s public service can result in pension forfeiture. This …

AI Passes the Bar?

by Joseph S. Davidson In the past year, advancements in AI technology have captured the public’s fascination. With more systems being made available to the public, AI has progressed from the imaginary to an imminent reality. However, the prospect of widespread adoption of AI technology has also triggered numerous concerns, as the technology threatens to radically alter many aspects of …

General Assembly Passes New Laws Affecting Fire Service

by John H. Kelly The Spring session of the 103rd Illinois Senate and House of Representatives wrapped up on May 27th. Much of the session focused on adopting the budget for the State of Illinois. There were several bills that were passed by the Legislature that affect the fire service in the State. The Illinois Fire Caucus asserted its presence …

Title IX Final Rule

by Maureen A. Lemon The U.S. Department of Education has recently unveiled the updated final regulations for Title IX. The Final Rule becomes effective August 1, 2024, and reinforces your school district’s obligation to safeguard against sex discrimination. Final Rule Summary. Here are 2 key takeaways: Enhanced Protections: The new regulations expand the protections against sex-based harassment while imposing new …

Appellate Court Interprets Illinois Pension Code’s Requirements for Non-Duty Disability Pension Benefits for Combined Service Firefighter

by John E. Motylinski  Ever since the Illinois General Assembly enacted provisions to allow firefighters to combine creditable service from two or more fire departments or fire districts, firefighters have used this flexibility with their pensions to seek new opportunities within the fire service for advancement and improved salary or benefits. However, as the Illinois Appellate Court recently ruled, the …

Paid Leave for All Workers Act Now Effective

by Ericka J. Thomas and Brian Johnston Illinois recently enacted a sweeping paid leave law that experts call the nation’s strongest state policy yet. The Paid Leave for All Workers Act (“PLAWA”) entitles all employees in Illinois (with limited exceptions) to accrue up to 40 hours of paid time off annually for any purpose. The Act became effective on January …