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Northern District Encourages Updated Definition of “Product”

Additional case law has been added to the proposition that a “product” can include items such as software. In Penzick v. Constrafor Inc., 25 C 4555 N.D. Ill. (Jan. 29, 2026) (Durkin, J.), Judge Durkin called the argument that “software is intangible property” and thus not a product “an obsolete perspective.” Defendant moved to dismiss Count I of Plaintiff’s Complaint, which was brought under the Illinois Sales Representative Act (“SRA”). 820 ILCS 120/1(1). Defendant argued that it was not liable...

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Trauma Informed Lawyering in Workplace Sexual Harassment and Abuse Cases

At Caffarelli & Associates, we take great care in representing survivors of workplace sexual harassment and abuse. We understand that coming forward about sexual misconduct at work is not only a legal step, but a deeply personal one. Many survivors carry the effects of trauma long after the harassment or assault occurs. We approach every case with care, respect, and sensitivity. Trauma-informed advocacy means we recognize the impact that workplace harassment and assault can have on a person. We prioritize...

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When “Training Agreements” Become Forced Labor: Federal Court Applies Anti- Trafficking Laws to Coercive Employment Contracts

A recent decision from the U.S. District Court for the Northern District of Illinois highlights that forced labor and human trafficking laws apply far beyond what most people imagine as traditional trafficking scenarios. In Melone v. Niki Moon Salon, LLC, Case No. 25-C-5445 (N.D. Ill. Nov. 12, 2025) (Gettleman, J.), the court allowed claims under the federal Trafficking Victims’ Protection Act (TVPA) and the Illinois Trafficking Victims’ Protection Act (ITVPA) to proceed based on an employer’s use of a coercive...

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Illinois Expands Protections for Whistleblowers

Illinois employees who speak up about unlawful workplace conduct now have stronger legal protections under recent amendments to the Illinois Whistleblower Act. These changes expand the types of disclosures that are protected and broaden what qualifies as unlawful retaliation– making it easier for employees to assert their rights when they are punished for doing the right thing. Expanded Protection for Speaking Up Under the amended law, employers may not retaliate against an employee who discloses– or threatens to disclose– information...

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Court Rejects Defendant’s Attempt to Evade Illinois Biometric Privacy Law Under Government Contractor Exemption

Caffarelli & Associates secured a significant victory for workers’ biometric privacy rights this week when a Cook County court denied Total Airport Services, LLC’s motion to dismiss a class action brought under the Illinois Biometric Information Privacy Act (BIPA). The ruling allows the case to move forward on behalf of employees whose fingerprints were allegedly collected without the disclosures and consent required by Illinois law. The court agreed with Caffarelli & Associates that the defendant failed to establish it was...

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2026 Rings in New Illinois Employment Laws

The Illinois legislature and Governor Pritzker had a productive year, with new laws taking effect to increase worker protections, expand leave rights, and new impose new or updated compliance obligations for employers. Below is Caffarelli & Associates' summary of the most significant legal changes — what they are, when they take effect, and what they mean in practice. Illinois Human Rights Act (IHRA) Overhaul — Effective Jan. 1, 2026 Discretionary Fact-Finding Conferences: The long-standing requirement that the Illinois Department of...

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Whitney L. Barr’s Article “Gender Violence in the Workplace” Published in the Illinois Bar Journal

Caffarelli & Associates Ltd. is pleased to highlight an article by associate Whitney L. Barr, published in the Illinois Bar Journal, titled “Gender Violence in the Workplace.” The piece explores the 2024 amendments to the Illinois Gender Violence Act, which expand legal protections for victims of sexual assault, harassment, and other forms of gender-related violence in the workplace. Ms. Barr explains how these updates strengthen accountability and clarify employer liability under Illinois employment law, marking a major development in employee rights and workplace safety....

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Protecting Performers: Lessons from ‘Drag Law’ and the Illinois Freelance Worker Protection Act

Amanda Burns from our office had the privilege of presenting at the Lawyers for the Creative Arts event “Drag Law: Werk the Law” on September 30, 2025. The event focused on intellectual property rights of drag performers, contracting rights of performers, and looked at recent litigation surrounding drag performers as it related to intellectual property and payment issues. This event featured performances by two local Chicago drag artists Coco Sho-Nell and Lúc Ami. Amanda’s portion of the event focused on...

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New Legal Protections: Reproductive Health Decisions

As of January 1, 2025, Illinois law now protects employees and job applicants from discrimination based on their reproductive health decisions. This means you have the right to bring a claim if your employer takes adverse action against you because of choices related to: Birth control or contraception Fertility treatment or sterilization care Assisted reproductive technologies (such as IVF) Miscarriage management Abortion Pregnancy-related healthcare, including prenatal and postnatal care These protections apply to both current employees and prospective employees during...

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