EMPLOYMENT LAW COUNCIL
Newsletter
Text | Optional Link

JAY SHATTUCK

Executive Director
Employment Law Council

 
 
217/544-6590

 
House & Senate Committee Deadline Weeds Out a Few Issues
 
Unlike recent years when the committee deadline for bills to be advanced to their respective have been ignored, the House and Senate moved a cadre of legislation back to the House Rules Committee or the Senate Committee on Assignments. There were a few exceptions that are noted below.
 
The next important deadline is April 27th when bills are to be approved by their house of origin. The next two weeks will be predominantly dedicated to amendments and getting bills readied for passage as well as voting on measures prior to the deadline.
 
Here is a run down on key issues we are working on:
 
 
Wage, Salary & Benefit Prohibition Legislation Pending in the Senate 
 
HB 4163  (Rep. Moeller/Sen. Castro) Amends the Equal Pay Act of 2003 prohibiting an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Greatly expands civil penalties and injunctive relief. This legislation awaits assignment to a Senate committee. Sen. Bertino-Tarrant (D-Plainfield), sponsor of  SB 3100  and Sen. Connelly, sponsor of  SB 2333 , offer a better approach to this issue. Both of these bills are pending in the Senate Labor Committee with extended deadlines to April 27th.
 
The Senate also has pending  SB 3390  (Sen. Castro) which is identical to HB 2462 that was vetoed by Gov. Rauner last year. It prohibits an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief. An amendment was placed on HB 4163 prior to its passage that eliminated an employer's wage differential defense does not apply if an employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing the differential and the employer has refused to adopt the alternative practice. A similar amendment is pending for SB 3390.
Assigned to Senate Labor Committee-Deadline extended to April 27th
 
Biometric Privacy Act Proposals
Illinois Chamber of Commerce initiative  SB 3053  (Sen. Cunningham)  exempts from the Biometric Privacy Act any private entity collecting, storing, or transmitting biometric information if: (i) the biometric information is used exclusively for employment, human resources, fraud prevention, or security purposes; (ii) the private entity does not sell, lease, trade, or similarly profit from the biometric identifier or biometric information collected; and (iii) the private entity stores, transmits, and protects the biometric identifiers and biometric information in a manner that is the same as or more protective than the manner in which the private entity stores, transmits, and protects other confidential and sensitive information. Two amendments supported by the Chamber are pending consideration by the Senate Democrat leadership. The first clarifies issues for the original bill. The second broadens the scope of relief beyond exempting HR and security uses.  SB 3053 is set for hearing in the Senate Telecommunications and Information Technology this week with an extended deadline of April 27th.
 
One casualty of the committee deadline was HB 4330   (Rep. Yingling). It amended the Biometric Information Privacy Act to prohibit a private entity to require a person or customer to provide his or her biometric identifier or biometric information as a condition for the provision of goods or services, except to the extent necessary for an employer to conduct background checks or implement security protocols. Does not apply to companies that provide medical services, law enforcement agencies, or governmental agencies. We opposed this measure. Re-referred to House Rules Committee
 
New Wage Lien Act on the House Floor
HB 4324   (Rep. Welch) Creates the Wage Lien Act. Provides that a lien exists on an employer's property for the amount of unpaid wages owed to an employee. Defines terms and includes provisions concerning creation of the lien; exemptions; notice; limitations; recording of the lien; enforcement; other claims on the employer's property; successor obligations; and construction. This measure must go back to the House Labor Committee for an amendment to meet some of the objections raised by the Illinois Chamber and others. We do not believe the legislation will be moving any further this year. House Second Reading
 
Call Center Regulation Measure Held on House Second Reading
HB 4081   (Rep. Halpin) Creates the Call Center Worker and Consumer Protection Act. Provides that an employer that intends to relocate a call center or portions of a call center from Illinois to another state or a foreign country must provide notice to the State Treasurer at least 120 days before the relocation. Authorizes a civil penalty not to exceed $10,000 for violations. Requires the Treasurer to compile and post on the Treasurer's website a list of employers that have relocated call centers. Requires an employer that relocates a call center from Illinois to another state or a foreign country to repay grants, loans, and tax benefits that may have been received. 
 
Employee Expense Reimbursement Measure on the Senate Floor
SB 2999   (Sen. Van Pelt) Amends the Illinois Wage Payment and Collection Act to require an employer to reimburse an employee for all necessary expenditures or losses incurred by the employee directly related to services performed for the employer. 
Sen. Van Pelt has committed to working with the Illinois Chamber on an amendment. Senate Second Reading
 
Final Vote on Mandated Paid Sick Leave Measure Pending on House Floor
HB 2771  (Rep. C. Mitchell/Sen. Hutchinson) requires employers to provide 40 hours of paid sick time. The bill exempts unionized construction companies, certain railroad employees, school districts, park districts, and City of Chicago sister agencies. An employee may earn sick days after 180 days of employment. If this measure should be approved, we will be pushing hard for a Gubernatorial veto.
On House Calendar for Concurrence Senate Amendments 1 & 2 
 
 
Statute of Limitations for Employment Discrimination Could be Extended and Small Employers Could be Covered  HB 5498   (Rep. Feigenholtz) A product of the House Task Force on Sexual Harassment, HB 5498 provides that within 365 calendar days (instead of 180 days) after the date that a civil rights violation, other than a violation concerning a real estate transaction, allegedly has been committed, a charge in writing under oath or affirmation may be filed with the Department of Human Rights by an aggrieved party or issued by the Department itself under the signature of the Director of Human Rights. If a charge is filed with the Equal Employment Opportunity Commission (EEOC) within 300 calendar days (instead of 180 days) after the date of the alleged civil rights violation, the charge shall be deemed filed with the Department on the date filed with the EEOC.
The Illinois Chamber opposes this measure. We are seeking a more comprehensive reform of the Human Rights Act that addresses the backlog of employment discrimination charges under the Human Rights Act. House Third Reading
 
HB 4572   (Rep. Guzzardi) Amends the Illinois Human Rights Act to redefine "employer" to include any person employing one (currently 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. 
House Second Reading
 
 
Equal Pay Act Protections Could be Extended to African Americans
HB 4743   (Rep. Ford/Sen. Lightford) Amends the Equal Pay Act providing that no employer may discriminate between employees by paying wages to an African-American employee at a rate less than the rate at which the employer pays wages to another employee who is not African-American for the same or substantially similar work on a job that requires equal skill, effort, and responsibility and is performed under similar working conditions.  
Senate Assignments
 
Prevailing Wage Act to Include TIFs
Sponsored by Rep. Jay Hoffman (D-Collinsville),  HB 813   was amended to add all projects financed in whole or in part with revenues received under the Tax Increment Allocation Redevelopment Act, the County Economic Development Project Area Property Tax Allocation Act, or the County Economic Development Project Area Tax Increment Allocation Act to the Prevailing Wage Act. 
The Illinois Chamber opposes this economic development killer. House Second Reading
 
Worker' Compensation Measures
HB 4872   sponsored by Rep. Lou Lang (D-Skokie, provides that when a patient notifies a provider that the patient is seeking treatment for a work-related injury, the provider shall bill the employer or its designee directly (currently only bill employer directly). It also allows the provider to enforce the 1% interest penalty directly against the employer, its insurer, or both. The 1% interest penalty is payable only to the provider. The bill is being held on Second Reading in the House and is not expected to be called.
 
 
SB 2863   (Sen. Raoul) Amends the Employer's Liability Rates Article of the Illinois Insurance Code. Provides that a rate is excessive if it is likely to produce a long run profit that is unreasonably high for the insurance provided or if expenses are unreasonably high in relation to the services rendered. Makes changes regarding competitive markets exists and disapproval of rates under specified circumstances. Amends the Workers' Compensation Act. Provides that accidental injuries sustained while traveling to or from work do not arise out of and in the course of employment. Permits an employer to file with the Illinois Workers' Compensation Commission a workers' compensation safety program or a workers' compensation return to work program implemented by the employer. Provides that (i) injuries to the shoulder shall be considered injuries to part of the arm and (ii) injuries to the hip shall be considered injuries to part of the leg. Contains provisions concerning repetitive and cumulative injuries; permanent partial disability determinations; annual reports by the Commission concerning self-insurance for workers' compensation in Illinois; and duties of the Workers' Compensation Premium Rates Task Force. Makes additional changes to the Workers' Compensation Act. Provides for an evidence-based drug formulary. Requires an annual investigation of procedures covered for ambulatory surgical centers and the establishment of a fee schedule. Changes a waiting period for benefits for certain firefighters, emergency medical technicians, and paramedics. Changes compensation computations for subsequent injuries to the same part of the spine. 
Identical to HB 2525 that was vetoed by Gov. Rauner last year.  Placed on Senate Calendar Order of Third Reading
 
HB 5240   (Rep. Reis) An Illinois Chamber of Commerce initiative which amends the Workers' Compensation Act to require a recipient of certain pain management medication to sign a written agreement with the prescribing physician agreeing to comply with the conditions of the prescription. Prohibits additional prescriptions while the recipient is noncompliant. Limits the applicability of the lack of pain management as a consideration in awarding benefits. Provides for the disclosure of violations of the agreement upon request by the employer. Requires a prescribing physician to file quarterly reports to obtain payment. Re-referred to House Rules Committee
 
Rep. Laura Fine (D-Glenview) is seeking to create a state-backed workers' compensation insurer in  HB 4595 .  The measure is identical to legislation vetoed by Governor Rauner last summer. The measure includes a $10 million loan from the IWCC Operations Fund. The fund is supported by fees paid by employers thru their WC insurance policies or directly by self-insured employers. $10 million represents one third of the Commission's budget! House Second Reading
 
Marijuana Advisory Referendum Passes Senate
SB 2275  (Sen. Cunningham/Rep. Hurley) Creates the Marijuana Legalization Referendum Act to require the State Board of Elections to place a statewide advisory public question to be submitted to the voters at the November 6, 2018 general election asking whether individuals support the legalization of possession and use of marijuana by persons of at least 21 years of age. The measure was approved by the Senate on a 37-13-1 vote.
Assigned to House Executive Committee
 
 
Volunteer Emergency Worker Definition Changes
SB 2471   (Sen. Holmes) amends the Volunteer Emergency Worker Job Protection Act to provide that "volunteer emergency worker" means a person who serves as a member of a fire department of a fire protection district, municipality, or other unit of government on other than a full-time career basis and who meets the requirements for volunteer status under the Code of Federal Regulations and Opinion Letters from the United States Department of Labor. Provides that "volunteer emergency worker" also means, including, but not limited to, a person who serves on a volunteer basis and is licensed under the Emergency Medical Services (EMS) Systems Act as an Emergency Medical Responder (EMR)(First Responder), Emergency Medical Technician (EMT), Emergency Medical Technician-Intermediate (EMT-I), Advanced Emergency Medical Responder (A-EMT), or Paramedic (EMT-P), or a volunteer ambulance driver or attendant, and the person does not work in one of these capacities for another fire department, fire protection district, or governmental entity on a full-time career basis. The measure was approved by the Senate Labor Committee and is pending on the Senate floor. Senate Second Reading A companion House measure is  HB 4477   (Rep. Cavaletto) and is on House Second Reading.
 
 
New Service-Member Employment and Reemployment Rights
SB 3547   (Sen. Tom Cullerton) Creates the Service-Member Employment and Reemployment Rights Act. Contains provisions concerning matters relevant to the employment rights of service-members, including employment protections, additional benefits for public employee members of a reserve component, prohibitions on discrimination, a notice of rights and duties, violations, enforcement, remedies, and rulemaking. Provides that the Attorney General shall appoint an Illinois Service-Member Employment and Reemployment Rights Act Advocate to carry out various duties related to the Act. Provides that in times of national or State emergency, the Governor may extend the protections of the Act. Limits the concurrent exercise of power by home rule units. Makes corresponding and related changes throughout the statutes. Repeals the Military Leave of Absence Act, the Public Employee Armed Services Rights Act, the Municipal Employees Military Active Duty Act, and the Local Government Employees Benefits Continuation Act. Amends the Service Member's Employment Tenure Act to change the short title to the Service Member's Tenure Act.  Senate Second Reading
 

Measures That Failed to Meet the Deadline
 
HB 5046  (Rep. Welch) Creates the Fair Scheduling Act to require employers to provide work schedules to employees at least 72 hours before the start of the first shift of the work schedule and to provide pay when an employee's work shift is canceled or reduced within 72 hours of the beginning of the shift. Prohibits retaliation by employers when employees seek to enforce rights under the Act. Authorizes private actions for damages. Enforced through the Department of Labor. Re-referred to House Rules Committee
  
HB 5518   (Rep. Mah) Creates the Transportation Benefit Program Act.
 Provides that an employer that is situated in Cook County or specified townships and for which an average of 25 or more full-time employees work for compensation shall offer a program that allows a covered employee to elect to exclude from taxable wages and compensation the employee's commuting costs incurred for the purchase of a transit pass to use public transit or for the purchase of qualified parking, up to a maximum level allowed by federal tax law. Provides that a covered employer may comply by participating in a program offered by the Chicago Transit Authority or the Regional Transit Authority. Provides that all transit agencies shall market the existence of the program to their riders. Effective January 1, 2019.  Re-referred to House Rules Committee

Chamber in the News
 
NPR ILLINOIS
Will Illinois face another budget impasse? 

Sorry, Illinois, Your Taxes Aren't Going Down Anytime Soon. 



Many State pension systems, including Illinois, have huge funding gaps.  


Key Legislation
 
 
 
 
 
 
 
 
 
 
 
Upcoming Events
  • June 20, 2018 - Workers' Compensation Committee Meeting - ASA Law Group, LLC, 1301 W. 22nd St., Ste. 215, Oakbrook
  • October 23, 2018 - Workers' Compensation Committee Meeting - Location/Time TBD 
  • December 13, 2018 - Workers' Compensation Committee Meeting - Law Office of Heyl Royster, 33 N. Dearborn, Chicago

Connect with the Chamber

© Illinois Chamber of Commerce


Not a member and want to learn more about the Illinois Chamber click here to contact Jeanette Anderson