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 …

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 …

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 …

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 …

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 …

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 …

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 …

by Adam Hudoba A federal district court in the Northern District of Illinois recently ruled that COVID screening activities were not compensable work time. This decision provides clarification on whether employers need to compensate for COVID screenings. In Johnson v. Amazon.com Services, LLC, Amazon’s warehouse employees’ job duties ordinarily included moving boxes, stacking packages, and loading boxes. No. 23 C …

by Michael Castaldo III It is standard practice for public bodies to keep written minutes of all their closed session meetings, along with verbatim recording. But what is the appropriate procedure once closed session minutes are created? The Illinois Attorney General’s Public Access Counselor (“PAC”) recently took up that question in a binding opinion. In that case, a Village Trustee …

by Maureen Anichini Lemon Public Act 103-0473 recently revised Article 13A of the School Code to allow schools to “immediately” transfer students determined to be subject to suspension or expulsion to an alternative school program. Nevertheless, students remain entitled to the same due process rights (including a hearing before the school board) that they receive prior to an expulsion. Beginning …