Veto Session to Focus on Congressional Map
Lawmakers return October 19, 20, 21. 26, 27, 28 for the Veto Session. While all veto issues have been dealt with during the special session days this summer when the legislature met, the General Assembly will be meeting to consider Illinois’ congressional and Illinois judicial sub-circuit maps. Any other issue may be raised when the General Assembly meets. Two that we are preparing for are:
Marijuana testing issue: One issue that also could be considered is HB 4116, sponsored by Rep. Bob Morgan (D-Highwood) that addresses employer testing for marijuana. As introduced, the proposal amends the Right to Privacy in the Workplace Act. It prohibits an employer from refusing to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy.
We will be recommending several changes to Rep. Morgan such as allowing an employer to withdraw a job offer from an applicant that fails a drug test.
Unemployment Insurance: Another issue that likely will be considered is extension of the “speed bumps” until July of 2022. The speed bumps are the statutory changes to increase employer taxes and reduce worker benefits. The purpose of the speed bumps is to bring business and labor negotiators to the table to address unemployment insurance needs. The rationale to push the negotiations into 2022 is based on the thought that more time will need to be allocated to the negotiations given the myriad of problems the State’s UI system faces. We expect negotiations to begin in earnest after the new year.
The Chamber’s focus is addressing the Unemployment Insurance Trust Fund $4.5 billion deficit. We will develop solutions to eliminating the deficit to protect Illinois employers from FUTA penalties. Our strategy includes maximizing the use of federal dollars made available to Illinois and assuring that Illinois employers will not be paying for the massive fraud that was allowed to occur.
IWCC Chairman Brennan Provides Illinois Covid Data
At the recently held Illinois Self Insurers Association virtual Annual Meeting, Illinois Workers’ Compensation Commission Chairman Michael Brennan provided the IWCC’s latest data regarding COVID claims. See below.
The IWCC received 33,619 First Reports of Injury for new claims between January 1, 2020, and December 31, 2020. The table below details all claims and all COVID-19 claims received between March 15, 2020, and September 20, 2021.
