New Illinois Employment Law Legislation Signed into Law
A few items were dealt with during last month's concluded Veto Session. The General Assembly will return to Springfield for the beginning of the spring legislative session on January 28, 2020.
The Senate is holding a Special Session on January 19th to elect a new Senate President as Senate President John Cullerton announced his retirement from the Senate in early January. The jockeying for the position of Senate President has been intense as there is no readily identifiable successor.
Recreational Marijuana Goes into Effect January 1
To assist Illinois Chamber members an on line "
Resource Guide for Marijuana in Illinois"
has been created. The Chamber also has a drug policy package for sale that includes a written reasonable suspicion checklist and written sample policy for keeping a drug-free workplace and staying in compliance with the law. Employer protections were provided in the original law and were strengthened during the veto session.
Effective date:
June 25, 2019...sale & possession effective January 1, 2020
Legislative Sponsors:
Sen. Heather Steans (D)/Rep. Kelly Cassidy (D)
Summary:
Legalizes marijuana for adult use. The legislative sponsors negotiated with the Illinois Chamber to provide the strongest workplace protections for employers in the country. The goal to protect employers with zero tolerance, drug free workplace and drug testing policies was met. Employers will be able to continue to provide for safe workplaces through their reasonable, non-discriminatory employment policies.
Effective date:
December 4, 2019
Legislative Sponsors:
Sen.Heather Steans (D)/Representative Celina Villanueva (D)
Summary:
Codification of the legislative intent for the workplace protections provided when the legislation was being debated last May. The language negotiated by the Illinois Chamber codifies several key issues for employers and protects from litigation actions taken by employers for random drug testing, preemployment testing and for failure of a drug test. It clears up the concern that employers might have to prove impairment when an employee fails a drug test. While employers still will need their drug testing policy to meet the standards of reasonableness and non-discrimination, these changes provide greater clarity and protections to employers that need and want safe employees, safe workplaces and a safe public.
Effective date:
August 9, 2019
Legislative Sponsors:
Senator Laura Fine (D)/Representative Bob Morgan (D)
Summary:
Expands and makes permanent Illinois' medical cannabis program, adds 11 new conditions for eligibility purposes and expands the range of medical professionals who can certify eligibility of applicants to the program.
New Employer Sexual Harassment Requirements Effective January 1
Effective dates:
August 9, 2019
for changes to the Illinois Governmental Ethics Act and Lobbyist Registration Act.
January 1, 2020
for all other provisions.
July 1, 2020
for changes to the Hotel and Casino Employee Safety Act
Legislative Sponsors:
Sen. Melinda Bush (D)/ Rep. Ann Williams (D)
Summary:
Employee policy regarding arbitration, sexual harassment and sexual discrimination
... beginning January 1, 2020 no employer may require as a condition of employment: A) an employee or prospective employee from making truthful statements or disclosures about alleged unlawful employment practices; B) that an employee or prospective employee waive, arbitrate, or otherwise diminish any existing or future claim, right, or benefit related to an unlawful employment practice (employment discrimination/sexual harassment).
All employees must annually receive sexual harassment training
...regardless of size of the employer. The Illinois Department of Human Rights will provide an online training program for employers to use. Current or alternative training that an employer provides is acceptable as long as it meets the minimum criteria required of the training.
Employers must annually report "final adverse decisions" regarding sexual harassment or employment discrimination claims filed by Illinois employees.
Minimum Wage Phase-In to $15 per hour Starts on January 1
Effective date: February 19, 2019
Legislative Sponsors:
Senator Kim Lightford (D)/Representative Will Guzzardi (D)
Summary:
Increases the state's minimum wage to $15 an hour by 2025 and $13 for those under 18 by 2025. Teen wage is determined as under the age of 18 and working less than 650 hours per calendar year.
|
Date of Change
|
Minimum Wage
|
Teen Wage
|
|
Current
|
$8.25
|
$7.75
|
|
1/1/20
|
$9.25
|
$8.00
|
|
7/1/20
|
$10.00
|
NA
|
|
1/1/21
|
$11.00
|
$8.50
|
|
1/1/22
|
$12.00
|
$9.25
|
|
1/1/23
|
$13.00
|
$10.50
|
|
1/1/24
|
$14.00
|
$12.00
|
|
1/1/25
|
$15.00
|
$13.00
|
Includes a complex payroll deduction tax credit for employers of 50 or fewer employees. Also increases penalties and fines for violation of the Minimum Wage Act. An employee may recover TREBLE damages of any underpayment along with costs, attorney's fees and damages of 5% per month (previously 2%) of the amount of each underpayment following the date of payment such underpayments remain unpaid. In addition, if the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard, the employer is liable to the Department of Labor a penalty of $1,500 payable to its Wage Theft Enforcement Fund. The measure also allows the Department to conduct random audits of employers to determine compliance.
O
ther New Illinois Employment Law Changes
Effective date
: July 1, 2020
Legislative Sponsors
: Representative Will Guzzardi (D)/Senator Cristina Castro (D)
Summary
: Defines "employer" to include any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities.
Effective date
: September 29, 2019
Legislative Sponsors
: Representative Anna Moeller (D)/ Senator Cristina Castro (D)
Summary
: 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. Eliminates key defenses and significantly increases civil remedies and administrative penalties. A Senate amendment to clarify that a wage differential factor that is not based on sex or a factor that would constitute unlawful discrimination under the Illinois Human Rights Act must account for the differential (instead of "the entire differential") was added.
Effective date:
January 1, 2020
Legislative Sponsors:
Representative Jamie Andrade/Senator Iris Martinez
Summary:
Creates the Artificial Intelligence Video Interview Act. This new law regulates an employer's use of artificial intelligent applicant interviews. Employers who utilize this technology must disclose the use of this technology to the applicant. In addition, destruction of the videos is contingent upon an applicant's request for destruction within 30 days. The Chamber worked with the House sponsor and ended up being supportive of its passage.
Effective date:
August 1, 2020
Legislative Sponsors:
Representative Anne Stava-Murray (D)/Senator Tom Cullerton (D)
Summary
: Amends the School Visitation Rights Act to clarify that employees may use school visitation privileges for purposes of academic and behavioral meetings in addition to school conferences. Adds that an employee may not be terminated for the use of school visitation privileges.
Effective date
: January 1, 2020
Legislative Sponsors
: Representative Deb Conroy (D)/Senator Julie Morrison (D)
Summary
: Amends the Organ Donor Leave Act prohibiting an employer from retaliating against an employee for requesting or obtaining a leave of absence to donate blood, an organ, or bone marrow. Amends the Illinois Anatomical Gift Act requiring the Secretary of State to create a database consisting of all individuals who have consented to having their names included in the First-Person Consent organ and tissue donor registry. Allows an organ procurement organization that has executed a data access agreement with the Secretary of State to have online access to the database to determine whether a potential organ and tissue donor is included in the First-Person Consent organ and tissue donor registry. Requires the organ procurement organization to hold harmless the State, its officials, and employees for certain costs arising out of the organ procurement organization's use of the database.
Effective date
: May 17, 2019
Legislative Sponsors
: Senator Elgie R. Sims, Jr. (D)/Representative Jay Hoffman (D)
Summary
: Amends the Worker's Compensation Act and the Workers' Occupational Diseases Act. Provides that specified Sections limiting recovery do not apply to injuries or death resulting from an occupational disease as to which the recovery of compensation benefits under the Act would be precluded due to the operation of any period of repose or repose provision. For any such injury occupational disease, the employee, the employee's heirs, and any person having the standing under law to bring a civil action at law has the nonwaivable right to bring such an action against any employer or employers.
Effective date:
January 1, 2020
Legislative Sponsors:
Senator Omar Aquino (D-Chicago)/Rep. Curtis Tarver (D-Chicago)
Summary:
Amends the Illinois Human Rights Act to define "arrest record" as (1) an arrest not leading to a conviction; (2) a juvenile record; or (3) criminal history record information ordered expunged, sealed, or impounded under Section 5.2 of the Criminal Identification Act. It amends Section 2-103 of the Act to provide that it is a civil rights violation for any employer, employment agency or labor organization to inquire into or to use (removes "the fact of") an arrest record as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment.
Federal Overtime Rule Change Also Has January 1 Start
Earlier this year, the US Department of Labor finalized its propose rule to raise the salary level for "exempt" employees. The change which goes into effect January 1 raises the salary threshold from $455 per week to $684 per week. That is equivalent to $35,568 per year.
