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Three New Laws Impact Illinois Employers

By: David B. Pogrund

1. Broad Smoking Ban

  Effective January 1, 2008, smoking will be banned throughout Illinois in all enclosed public places, workplaces and government vehicles. The ban extends to restaurants and bars, but excludes homes, automobiles, retail tobacco stores and certain hotel rooms and outdoors. Illinois will become the twenty-second state to enact such a smoking ban.

2. Restrictions on Independent Contractors in the Construction Industry

  Effective January 1, 2008, all construction workers will be classified as employees unless: (1) the person performing the services is free from control or direction; (2) the services performed are outside the usual service provided by the contractor; (3) the person is engaged in an independent trade, occupation or profession; and (4) the person is a legitimate sole proprietor or partnership. One of the stated purposes of the law is to prevent construction employers from misclassifying employees as independent contractors and avoid the payment of state and federal taxes.

New Legislation Impacting Healthcare Employers

On August 13, 2007, Illinois’ Governor Blagojevich signed Senate Bill 866 into law, amending the Healthcare Worker Background Check Act. The amendment requires fingerprint background checks for all employees covered by the act, rather than name-based system that had been in place, and goes into effect October 1, 2007.

If you have any questions, please contact David B. Pogrund at 312-782-3636.

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