SimplyHR | Employment & Labor Blog 

In a year dominated by the pandemic, 2021 updates to Missouri and Illinois law are overshadowed by COVID-19’s impact and related federal employment law developments. Illinois’ treatment of July as the new January adds to the relatively quiet start to 2021 while the state adapts to its new employment laws that went into effect July 1, 2020.

While Missouri employers saw few legislative updates that will affect the state of employment law in 2020, the Illinois legislature had a busy year. Below is a look at some of the legislative highlights of 2019 and how they might affect your business in 2020.

Previously, we warned how the Cannabis Regulation and Tax Act (Cannabis Act) will directly impact Illinois employers’ responsibilities and liabilities when drug testing, disciplining or terminating employees because of the use or possession of cannabis.

Then, in December 2019, Gov. J.B. Pritzker signed amendments into the Cannabis Act. At first glance, it appears these amendments, Public Act 101-0593, are employer-friendly because they have relieved some of the tension between Illinois’ Right to Privacy in the Workplace Act (Right to Privacy Act) and the Cannabis Act. For example, under the amendments to the Cannabis Act, an employer may retract a job offer based on an applicant’s cannabis use before beginning employment.

Starting on Jan. 1, 2020, Illinois residents and visitors over age 21 are allowed to purchase, possess, use, or transport cannabis for recreational purposes. Illinois’ legalization of recreational cannabis under state law will impact Illinois and Missouri employers because the drug will be more accessible to their employees.