As November begins, Illinois schools have all been in session for at least two months in one form or another. Take a bow! Whether you have been in-person, conducted a hybrid model, or provided a fully remote program, take a moment to appreciate this accomplishment! All of the extremely difficult work that you did this summer to determine the “right” …
With election day quickly approaching, a new decision has come out of the Illinois Seventh Judicial Circuit, Sangamon County, declaring that local government offices are not required to shut down on November 3, 2020 for election day. Public Act 101-642 amended the election code by adding Section 2B-10, declaring November 3, 2020 (Election Day 2020) a State holiday. The Act …
by John E. Motylinski The Illinois Appellate Court recently threw out a lawsuit brought by a chainsaw wielding plaintiff who was injured in trimming a neighbor’s tree without permission. Lee v. Lee, 2019 IL App (2d) 180923. Aside from its amusing facts, the Lee decision will be remembered for two reasons: (1) the court applied the open and obvious defense …
by Ryan R. Morton Just a few years ago, the General Assembly made significant changes to the Limited Liability Company (LLC) Act (805 ILCS 180/1-1 et seq.), partly decreasing members’ liability. Last year, the state legislature went the opposite direction, amending the LLC Act again to create liability for members’ own wrongdoing. The changes, which took effect January 1, 2020, …
by Meganne Trela When an employee gets hurt in the line-of-duty, local government agencies are only required to pay the premiums for the “basic” health insurance plan – even if the employee was on a different, more expensive health plan at the time of the injury – under the Public Safety Employee Benefits Act (PSEBA). The Third District Appellate Court …
by Maureen Anichini Lemon On June 15, 2020, the United States Supreme Court issued a landmark ruling that protects LGBTQ individuals from employment discrimination under Title VII of the Civil Rights Act of 1964. In a 6–3 majority decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), the United States Supreme Court confirmed that Title VII protects individuals …
by Michael B. Weinstein Police and firefighter pension funds are often required to decide whether a member has become disabled in the line-of-duty. Frequently, the individual applicant has also filed for workers’ compensation benefits, in which case the decision on those benefits might require that the pension fund come to the same conclusion. As a result, a new Illinois law …
School districts focused on how and when schools might re open in the fall must be prepared to comply with the Final Rule recently released by the U.S. Department of Education, Office for Civil Rights (OCR), amending Title IX regulations. For the first time since Title IX’s enactment in 1972, the regulations will now define “sexual harassment” and establish detailed procedures …
Today, Illinois enters Phase 3 of Governor J.B. Pritzker’s 5-Phase reopening plan. Although the main focus of this phase has been the reopening of certain businesses, local governments will also be affected in their operations and facilities. Phase 3 is not a return to normal, though; the Governor has released detailed guidelines and restrictions that should still be followed. General …
For more than two months, Governor J.B. Pritzker has been issuing Executive Orders that waive or alter a variety of laws involving local governments. These orders were designed to temporarily deal with ramifications of the COVID-19 emergency. However, when the General Assembly met in Special Session last week, many of their votes essentially ratified the Governor’s orders by making permanent …
