U.S. Department of Labor Proposed Salary Rule Changes

by Michael Castaldo III The United States Department of Labor has initiated a substantial change in labor regulations through a proposed rule change to expand minimum wage and overtime pay eligibility to workers who were previously considered exempt. This rulemaking has the potential to impact millions of employees and employers. The federal Fair Labor Standards Act requires covered employers to …

Illinois Wrongful Death Plaintiffs Can Now Recover Punitive Damages

by Joseph S. Davidson The cost of defending cases in Illinois continues to rise. Illinois governor J.B. Pritzker signed House Bill 0219 into law on August 11, 2023, effective immediately. The statutory change will allow heirs of decedents to recover punitive damages in wrongful death actions filed on or after August 11, 2023. For years, Illinois law has “consistently held …

Design-Build Contracts Allowed for Schools and Municipalities

by Meganne Trela and Nicholas DeConcilis Effective January 1, 2024, the Illinois General Assembly is changing the way municipalities contract for building schools in an effort to increase the efficiency and effectiveness of delivering public projects in Public Act 103-491. This new law changes the delivery system for construction projects to a design-build process from a design-bid-build process. Municipalities and …

Court Ousts Pension Trustees Due to Breach of Fiduciary Duties

by Adam Hudoba Pension fund trustees have a fiduciary duty to act in their fund’s best interest. If they do not, there can be adverse consequences. As illustrated by the United States Court of Appeals for the Seventh Circuit in a case arising out of a private pension fund, that may include losing one’s seat on the Board of Trustees. …

New FOIA Exemption for Medical Records

by Ericka J. Thomas The Illinois General Assembly recently updated the definition of “private information” for certain public bodies under the Freedom of Information Act (“FOIA”), and in so doing created a new exception for what must be produced in response to a FOIA request. Public bodies are generally required to make public records available for inspection and copying to …

Six Ways to Avoid Losing Tax-Exempt Status

by Ryan R. Morton Among the many advantages of forming a 501(c)(3) not-for-profit organization is the freedom to collect income without paying federal or state taxes. That tax-exempt status is not guaranteed, however. Not-for-Profits (NFPs) must be wary of certain activities that could result in losing that financially beneficial status. Private Benefit Since the 501(c)(3) designation often attaches to churches, …

Mandatory Body Cameras Come Equipped with an Abundance of Problems

by Michael Castaldo, Jr. and Megan Lamb The massive Police Reform Bill (P.A. 101-0652) that was adopted in the waning hours of the last legislative session involves numerous changes to the way policing is handled in Illinois. One of the most significant provisions is the mandatory use of body cameras by all law enforcement officers. That change could become a …

Biden Reaffirms LGBTQ Title IX Protection in Schools

by Maureen A. Lemon and Megan Lamb In the waning days of the Trump administration, the Department of Education’s Office of Civil Rights (OCR) issued a memo stating that Title IX anti-discrimination protections do not apply to gender identity or LGBTQ status. President Biden immediately reversed course, issuing an executive order requiring government agencies to apply all anti-sex discrimination laws …

Early Signs of How Investment Fund Transfers Will Work

by Michael B. Weinstein In the year since Public Act 101-0610 (S. B. 1300) became effective, much has been accomplished, at least with respect to downstate firefighter pension funds.1 The Firefighters Pension Investment Fund (FPIF) transition board set three priorities for its first year of existence. First, was the hiring of an Executive Director and other important staff. Thus, William …