Dear Readers,
Welcome to the latest edition of our PLF Newsletter. In this issue, we bring you recent legal updates, insights, and practical tips to help you and your business thrive in the complex legal landscape.
Important Legal Updates You Should Know
Key Regulatory Changes Relevant to Illinois Employers (Effective January 1, 2025)
1. Extended Timeframe for Discrimination Claims
The Illinois Human Rights Act (IHRA) now gives employees up to two years to file discrimination charges with the Illinois Department of Human Rights, extending the previous 300-day limit.
2. Mandated Pay Transparency
Employers with 15 or more employees are now required to include pay scales and benefits information in all job postings under the Illinois Equal Pay Act of 2003’s recent amendment. This move promotes salary transparency and aims to reduce wage disparities.
3. Expanded Access to Personnel Records
Substantive amendments to the Illinois Personnel Record Review Act (IPRRA) expanded the types of documents employees can request, which now include employment-related contracts, handbooks, and policies. Employers must respond to written requests within seven days, with a possible seven-day extension.
4. Enhanced Pay Stub Requirements
Under the Illinois Wage Payment and Collection Act (IWPCA), employers must provide detailed pay stubs for each pay period and retain these records for at least three years. Employees and former employees can request copies, and employers have 21 days to comply.
5. Restricted Non-Compete Agreements
The Illinois Freedom to Work Act now prohibits non-compete and non-solicitation agreements for certain mental health professionals, particularly those providing services to veterans and first responders.
Case Law Spotlight
In Smith v. Jones, 2025 IL App (5th) 231136, the Illinois Appellate Court addressed key issues regarding arbitration clauses, holding that filing a motion to dismiss waives one’s right to compel arbitration.
Plaintiffs John Smith and Mistie Tennant filed a lawsuit against C.A. Jones, Inc., and its principal, Chris Jones, alleging breaches of implied warranties of good workmanship and habitability related to their newly constructed home.
The defendants moved to dismiss the complaint. Based on the provisions of the parties’ home sale contract, the trial court granted the motion and found:
- No connection was established between Chris Jones and the plaintiffs regarding the home sale contract.
- The plaintiffs failed to show how the alleged defects impacted their ability to enjoy the home.
The court also ordered the parties to binding arbitration. The plaintiffs appealed.
On review, the Illinois Appellate Court for the Fifth District upheld the dismissal of Count II and Count IV but reinstated Count I and Count III of the plaintiffs’ complaint. Importantly, the appellate court ruled that the defendants had waived their right to arbitration by asking the trial court to decide substantive legal issues rather than filing a motion to compel arbitration. As a result, arbitration could not be compelled by the trial court.
This case highlights the importance of procedural strategy. By engaging the court on substantive matters first, the defendants lost their ability to enforce arbitration—underscoring how early litigation decisions can significantly affect a party’s contractual rights.
Practical Tips: Always Put It In Writing
Verbal agreements may seem convenient, but they’re often difficult to enforce. Whether you’re hiring a contractor, entering into a partnership, or selling a product or service, you should always document the terms in writing. A well-drafted contract not only clarifies expectations but also protects your business if disputes arise.
PLF Pro Tip: Even simple agreements benefit from a basic written contract that outlines deliverables, timelines, payment terms, and what happens if something goes wrong.
Client Spotlights
Without having to initiate a formal lawsuit, Alyssa Kiriakos successfully settled a claim for unpaid wages against a large employer in the financial services/insurance industry.
A client of Kristi Browne wrote:
“I wanted to thank you and the whole crew working behind the scenes at Patterson Law for your hard work, time and courtesy. It was a pleasure to get to know and work with you all. “
Firm News
Recent Peer Recognition for Our Attorneys
“Tom,
It was great to meet you at the conference yesterday.
It’s always great to know another attorney who does legal and accounting malpractice work.
I’d love to work with you. Please keep us in mind on any professional malpractice matters that come up.”
– An attorney Tom Patterson met at the American Bar Association 2025 Litigation Section Annual Conference
Contact Us
For further information or legal assistance, reach out to us at:
- Phone: 312-223-1699
- E-mail: marketing@pattersonlawfirm.com
- Website: www.pattersonlawfirm.com
- LinkedIn: Patterson Law Firm
- Facebook: The Patterson Law Firm, LLC
Thank you for reading! We look forward to supporting your business.
Best regards,
PLF