On March 23, 2021, Governor J.B. Pritzker signed Senate Bill 1480 into law, amending the Illinois Human Rights Act (IHRA) by restricting the use of criminal conviction records. A covered employer is now required to follow certain procedures, including engaging in an interactive process with the applicant or employee, if it seeks to disqualify the individual based on a record of criminal conviction.

Restaurants and bars, among the businesses hit hardest by the COVID-19 pandemic, will soon be able to apply for a new tax-free grant program enacted as part of the recently enacted American Rescue Plan Act of 2021, signed into law on March 11, 2021. The Restaurant Revitalization Fund (RRF) will provide $28.6 billion in grants for eligible restaurants and bars that can certify they need the funds to support ongoing operations of the business.

The Illinois Biometric Information Privacy Act (BIPA or the Act) provides for statutory damages of $1,000 for each negligent violation and $5,000 for each reckless or intentional violation of the Act. An unsettled question is whether a plaintiff can “stack” alleged violations for a windfall recovery. The Seventh Circuit Court of Appeals is about to weigh in.

As of July 1, 2020, “[e]very person who is an officer, member, responsible manager, or director of a corporation or limited liability company seeking licensure under this chapter shall be listed on the application as a member of the personnel of record,” and they must match those officers listed on California Secretary of State’s (SOS) records. This is a deviation from the Contractors State License Board’s (CSLB) past practice of requiring foreign corporations to associate as personnel of record only their president, in contrast to requiring domestic corporations to associate their president, secretary, and treasurer. 

The Illinois Equal Pay Act (IEPA) has been amended to create significant new requirements for Illinois employers. Governor J.B. Pritzker signed Senate Bill 1480 (SB 1480) into law on March 23, 2021, effective immediately.

The New York City Human Rights Law (NYCHRL) is considered to be one of the most progressive discrimination laws in the nation. Earlier this year, the New York City Council passed a bill which expands the scope of the New York City Fair Chance Act (FCA), more commonly known as the “ban-the-box” law. The FCA prohibits most New York City employers from inquiring about an applicant’s criminal history until after the employer extends a conditional offer of employment. The amended FCA expands protections for both applicants and employees with criminal backgrounds, including convictions, charges and arrests. The amendments go into effect on July 28, 2021.

On April 1, 2021, the U.S. Supreme Court unanimously reversed the Ninth Circuit Court of Appeals' interpretation of the definition of “automatic telephone dialing system” (ATDS), or autodialer, under the Telephone Consumer Protection Act (TCPA). The Court held that a “necessary feature” of an ATDS “is the capacity to use a random or sequential number generator to either store or produce phone numbers to be called.”