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Governor to Explore Merger of IDES into IDOL
Last Friday, Gov. Pritzker announced efforts to create efficiencies and initiatives to yield at least $225 million in savings to the state's budget and will put the state in a position to save more than $750 million over the next three years. As part of his plans, he also announced exploring a merger of the Illinois Department of Labor (IDOL) and the Illinois Department of Employment Security (IDES). See press release:
https://www2.illinois.gov/Pages/news-item.aspx?ReleaseID=21157
As part of the Illinois Joint Employers, the Illinois Chamber responded as follows: "While we appreciate and support efforts to find efficiencies in state government, the Joint Employers are disappointed to learn this includes the possibility of merging the Illinois Department of Employment Security (IDES) with the Illinois Department of Labor. Such a proposal suggests a lack of understanding of the need for IDES to act as a standalone agency and raises questions about what, if any, benefits would come from a merger.
IDES was created by the legislature in the early 1980's in recognition that the system of unemployment insurance benefits is funded by Illinois employers and deserved special focus outside of the Illinois Department of Labor, which has a very different function. Because 100 percent of IDES's administrative funding comes from the federal government, except for in the case of special projects, it is unlikely that there are any administrative savings to be had.
Further, IDES was created to serve as a neutral arbiter to assist both employers and labor during agreed bill negotiations. These occur every few years when a negotiating group from both sides come together to determine what changes, if any, need to be made to the unemployment insurance benefit program. Since its creation, every administration, whether Democrat or Republican, has not only supported the agreed bill process but ensured the leadership of IDES maintains their role as a neutral arbiter. A merger endangers this independence and compromises the agreed bill process.
We are hopeful the Pritzker Administration will engage in a dialogue with impacted entities on this proposal. The work of IDES has been especially important to both business and labor and has maintained a balanced approach that has served both sides well."
Bill Introductions
The deadline for the introduction of legislation for this year was last Friday. Below is a summary of some of the key employment legislation introduced this year and bills from last year that are advancing. The list includes legislation regarding covenants not to compete, BIPA, employment discrimination, medical cannabis drug testing, workplace scheduling, hiring of individuals with criminal backgrounds, workplace mandates, and others.
Covenants Not to Compete
HB 4699
:
FREEDOM TO WORK-ALL EMPLOYEES
House Sponsor:
Rep. Natalie A. Manley
Last Action
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2/6/2020
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House
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Filed with the Clerk by Rep. Natalie A. Manley
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Senate Sponsor:
Sen. Mattie Hunter
Last Action
|
2/5/2020
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Senate
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Referred to Assignments
|
Synopsis As Introduced
:
Amends the Illinois Freedom to Work Act. Expands the scope of the Act to apply to all employees (rather than only low-wage employees). Prohibits all covenants not to compete. Effective immediately.
Comment: OPPOSED
HB 5454
:
FREEDOM TO WORK ENFORCEMENT
House Sponsor:
Rep. Anne Stava-Murray
Synopsis As Introduced
:
Amends the Illinois Freedom to Work Act. Provides that an employer that elects to enforce a covenant not to compete under the Act must pay to the employee subject to the covenant full compensation, including all benefits, that the employee would have received had his or her employment not been discontinued for the time specified in the covenant not to compete or until the separated employee is employed full-time at a commensurate rate of pay and benefits in a field of work not subject to the covenant not to compete. Provides that an attempt to enforce a covenant not to compete in a manner that does not comply with the new provisions voids the covenant not to compete. Effective immediately.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Anne Stava-Murray
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Comment: OPPOSE
SB 3430
:
NONCOMPETE COVENANT ENFORCE
Senate Sponsor:
Sen. Heather A. Steans
Synopsis As Introduced
:
Amends the Illinois Freedom to Work Act. Extends the applicability of the Act to all employees. Provides that a covenant not to compete is illegal and void if the employee does not receive adequate consideration and the covenant is ancillary to a valid employment relationship. Requires covenants not to compete to be no more expansive than required for the protection of legitimate business interests, to not impose undue hardship on the employee, and to not be injurious to the public. Specifies notice and an opportunity for review to be given to the employee. Authorizes employees to recover costs and attorney's fees.
Last Action
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2/14/2020
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Senate
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Referred to Assignments
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Comment: Reviewing
Cannabis & Drug Testing
HB 4623
:
COMPASSIONATE USE-LIABILITY
House Sponsor:
Rep. Bob Morgan
Synopsis As Introduced
:
Amends the Compassionate Use of Medical Cannabis Program Act. Provides that employers are not prohibited from adopting specified policies concerning medical cannabis by registered qualifying patients, including drug testing policies for such patients working in safety sensitive positions. Unless specified circumstances are met, prohibits employers from taking adverse action against registered qualifying patients who work in non-safety sensitive positions solely due to a positive drug test for medicinal cannabis. Defines "safety sensitive position". Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of a registered qualifying patient when enforcing a compliant policy. Makes other changes. Amends the Right to Privacy in the Workplace Act. Provides that the amendatory Act's provisions are an exception to provisions prohibiting an employer from refusing to hire or to discharge or disadvantage any individual because the individual uses lawful products off the premises of the employer during nonworking and non-call hours. Effective immediately.
Last Action
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2/5/2020
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House
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Referred to Rules Committee
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Comment: SUPPORTING, we have worked with Rep. Morgan on this legislation. There will be a forthcoming amendment that clarifies a couple of issues.
SB 3475
:
WORKPLACE PRIVACY IMPAIRMENT
Senate Sponsor:
Sen. Jason A. Barickman
Synopsis As Introduced
:
Amends the Right to Privacy in the Workplace Act. Provides that the Act does not apply to use of lawful products that could impair or is impairing (rather than which impairs) an employee's ability to perform the employee's assigned duties.
Last Action
|
2/14/2020
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Senate
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Referred to Assignments
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Comment: SUPPORT
Workers' Compensation
HB 4151
:
WORK COMP-COMMISSIONER SALARY
Committee Hearing:
Labor & Commerce Committee Hearing Feb 19 2020 2:00PM Capitol Building Room 114 Springfield, IL
House Sponsor:
Rep. Jay Hoffman
Synopsis As Introduced
:
Amends the Workers' Compensation Act. In a provision creating the Illinois Workers' Compensation Commission, provides that each Commissioner appointed on or after the effective date of the amendatory Act shall be required to be authorized to practice law in this State by the Illinois Supreme Court and to maintain this authorization throughout his or her term of employment. Removes a provision that requires Commissioner candidates, other than the Chairman, to: (i) be licensed to practice law in the State of Illinois; (ii) have served as an arbitrator at the Illinois Workers' Compensation Commission for at least 3 years; or (iii) have at least 4 years of professional labor relations experience. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. The performance of all arbitrators shall be reviewed by the Chairman every other year, or more at the discretion of the Chairman (rather than the performance of all arbitrators shall be reviewed by the Chairman on an annual basis). The Chairman shall have the discretion to assign arbitrators by county (rather than no arbitrator shall hear cases in any county, other than Cook County, for more than 2 years in each 3-year term). Provides that on and after the effective date of the amendatory Act, the Secretary and each arbitrator shall receive a per annum salary of 5% less than the per annum salary of members of the Illinois Workers' Compensation Commission as provided in a specified provision of the Act, payable in equal monthly installments. Effective immediately.
Last Action
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2/4/2020
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House
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Assigned to Labor & Commerce Committee
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Comment: Support the salary increase. Oppose the rotation discretion to the Chairman but support extending mandatory rotation to 3 or 4 years. Concerns about limiting commissioner qualifications to only attorneys. We anticipate an amendment & will be holding final position until amendment is filed.
HB 5178
:
WORKER COMP INSURANCE RATES & OTHER CHANGES
House Sponsor:
Rep. Michael Halpin
Synopsis As Introduced
:
Amends the Employer's Liability Rates Article of the Illinois Insurance Code. Provides that a premium 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. Provides procedures for the review of premiums by the Director of Insurance at the request of the insured. 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. Effective immediately.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Michael Halpin
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Comment: Reviewing...interesting mix of issues we support and changes we have concerns about
.
HB 5366
:
WORK COMP CLAIM DEMOTION
House Sponsors
Rep. Lawrence Walsh, Jr.
Last Action
|
2/14/2020
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House
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Filed with the Clerk by Rep. Lawrence Walsh, Jr.
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SB 3689:
INS-TELEHEALTH PROVIDER INFO
Senate Sponsor:
Sen. David Koehler
Last Action
|
2/14/2020
|
Senate
|
Referred to Assignments
|
Synopsis As Introduced
:
Amends the Workers' Compensation Act. Provides that in addition to other specified prohibitions, an employer may not demote an employee because of his or her exercise of rights under the Act. Effective immediately.
Comment: OPPOSED
HB 5569
:
WORK COMP PTSD FIRST RESPONDER
House Sponsor:
Rep. Lindsey LaPointe
Synopsis As Introduced
:
Amends the Workers' Compensation Act and the Workers' Occupational Diseases Act. Provides that a person employed as a firefighter, emergency medical technician (EMT), emergency medical technician-intermediate (EMT-I), advanced emergency medical technician (A-EMT), or paramedic may recover for post-traumatic stress disorder. Effective immediately.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Lindsey LaPointe
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SB 1422
:
WORKERS COMP REPETITIVE INJURY
Senate Sponsor:
Sen. Laura M. Murphy
Synopsis As Introduced
:
Amends the Workers' Compensation Act in relation to repetitive injuries. Provides that an accidental injury that results from repetitive or cumulative trauma and occurs within 6 months after the employee begins employment shall not be considered by a workers' compensation insurer in setting rates. Provides for contribution by prior employers with respect to awards for repetitive or cumulative injuries.
Last Action
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2/4/2020
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Senate
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Re-assigned to Judiciary
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Comment: OPPOSED
SB 2530
:
WORKERS' COMP-PSTD-EMS-POLICE
Senate Sponsors
:
Sen. Michael E. Hastings-Mattie Hunter, Robert F. Martwick-Iris Y. Martinez-Laura M. Murphy, Heather A. Steans, Patricia Van Pelt and Bill Cunningham
Synopsis As Introduced
:
Amends the Workers' Compensation Act. Provides that any emergency services personnel, public safety personnel, or individuals licensed as emergency medical services personnel under the Emergency Medical Services (EMS) Systems Act who has been diagnosed by a licensed psychiatrist with post-traumatic stress disorder is entitled to benefits under the Act. Provides that a qualifying individual is not required to demonstrate physical injury to receive benefits under the Act. Requires the Illinois Workers' Compensation Commission to ensure that services provided under the amendatory Act comply with all applicable federal parity regulations including, but not limited to, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. Requires emergency services providers and law enforcement agencies to provide employees with educational training related to mental health awareness, prevention, mitigation, and treatment.
Last Action
|
2/4/2020
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Senate
|
Assigned to Judiciary
|
Comment: OPPOSE
SB 3433
:
WORK COMP IMPAIRMENT STANDARD
Senate Sponsor:
Sen. Donald P. DeWitte
Synopsis As Introduced
:
Amends the Workers' Compensation Act. Provides that the presence of 5 nanograms of tetrahydrocannabinol in the blood or 10 nanograms of tetrahydrocannabinol in other bodily substances shall create a rebuttable presumption that intoxication is the proximate cause of the injury. Contains the statement: "Authorized use may be evidenced only by written consent by the employer to the employee, which consent shall not be unreasonably withheld".
Last Action
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2/14/2020
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Senate
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Referred to Assignments
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Comment: SUPPORT-Illinois Chamber initiative
SB 3560
:
WORKERS COMP SHOULDER-ARM
Senate Sponsor:
Sen. John F. Curran
Synopsis As Introduced
:
Amends the Workers' Compensation Act. Provides that an injury to the shoulder shall be considered an injury to part of the arm and that an injury to the hip shall be considered an injury to part of the leg.
Last Action
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2/14/2020
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Senate
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Referred to Assignments
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Comment: SUPPORT-Illinois Chamber initiative
SB 3561
:
WORKERS COMP APPEALS BOND
Senate Sponsor:
Sen. John F. Curran
Synopsis As Introduced
:
Amends the Workers' Compensation Act. Provides an alternative to posting a bond with respect to the issuance of a summons in connection with a petition for review of a Commission award. Provides that if the party seeking review is the party against whom an award for payment of money was rendered, the party may file other collateral or guarantee by means of an insurance policy, certificate of self-insurance, or deposit of funds in escrow rather than a bond.
Last Action
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2/14/2020
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Senate
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Referred to Assignments
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Comment: SUPPORT-Illinois Chamber initiative
Employment Discrimination
HB 3884
:
HUMAN RTS-DISCRIMINATION-RACE
Committee Hearing:
Judiciary - Civil Committee Hearing Feb 19 2020 8:30AM Stratton Building Room D-1 Springfield, IL
Family Law Subcommittee Hearing Feb 19 2020 8:33AM Stratton Building Room D-1 Springfield, IL
House Sponsor:
Rep. Jehan Gordon-Booth and Maurice A. West, II
Last Action
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2/11/2020
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House
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To Family Law Subcommittee
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House Sponsor:
Rep. Sonya M. Harper
Last Action
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10/30/2019
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House
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Referred to Rules Committee
|
HB 4216
House Sponsors
:
Rep. Kambium Buckner-Rita Mayfield
Last Action
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1/22/2020
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House
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Referred to Rules Committee
|
HB 5470
House Sponsor:
Rep. Sonya M. Harper
Last Action
|
2/14/2020
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House
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Filed with the Clerk by Rep. Sonya M. Harper
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SB 2562
Senate Sponsor:
Sen. Kimberly A. Lightford-Jacqueline Y. Collins
Last Action
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2/4/2020
|
Senate
|
Assigned to Judiciary
|
SB 3477
Senate Sponsor:
Sen. Mattie Hunter
Last Action
|
2/14/2020
|
Senate
|
Referred to Assignments
|
Synopsis As Introduced
:
Amends the Illinois Human Rights Act. Provides that "race", as used in the Employment and Elementary, Secondary, and Higher Education Articles, includes traits historically associated with races, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.
HB 4827
:
DEPT OF HUMAN RIGHTS-RIGHT TO INTERVENE
House Sponsor:
Rep. Ann M. Williams
Synopsis As Introduced
:
Provides that the Department of Human Rights may petition and shall be permitted as a matter of right to intervene as a party in the proceeding if the Commission determines that: (i) the case involves matters of public interest or importance beyond the issues in the case; (ii) the Department has an interest different from one or more of the parties; (iii) the expertise of the Department makes it better suited to articulate a particular point of view; or (iv) the representation of the Department's interest by existing parties is or may be inadequate and the Department will or may be bound by an order or judgment in the action. Provides that the Department, as an intervenor, shall have all of the rights of an original party. Allows the Attorney General to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court if the Department certifies that the case is of general public importance. Makes conforming changes.
Last Action
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2/11/2020
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House
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Filed with the Clerk by Rep. Ann M. Williams
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Comment: OPPOSE..the Department's role is to be a neutral investigator
HB 4837
:
EMPLOYEE BACKGROUND FAIRNESS/HIRING of FELONS
House Sponsor:
Rep. Maurice A. West, II
Last Action
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2/11/2020
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House
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Filed with the Clerk by Rep. Maurice A. West, II
|
SB 3194
Senate Sponsor:
Sen. Omar Aquino
Last Action
|
2/11/2020
|
Senate
|
Referred to Assignments
|
Synopsis As Introduced
:
Creates the Employee Background Fairness Act. Prohibits an employer from refusing to hire an individual and discharging an individual because of the individual's criminal history unless the individual has one or more convictions and there is a direct relationship between one of more of an individual's convictions and the specific employment sought. Prohibits retaliation for exercising rights under the Act. Provides that an individual denied or discharged from employment because of his or her criminal history in violation of the Act may recover from the employer in a civil action: (1) damages in the amount of $2,000 or actual damages, whichever is greater; (2) costs and reasonable attorney's fees as allowed by the court; and (3) any other appropriate relief, including punitive damages. Defines terms. Effective immediately.
Comment: OPPOSE
HB 5335
:
EMPLOYMENT DISCRIMINATION SHIFTS BURDEN TO EMPLOYER
House Sponsor:
Rep. Anne Stava-Murray
Synopsis As Introduced
:
Amends the Illinois Human Rights Act. Provides that if a petition alleging a civil rights violation by an employer is filed with the Department of Human Rights, the Human Rights Commission, or in court, a rebuttable presumption that the employer violated the petitioner's civil rights is created. Effective immediately.
Last Action
|
2/14/2020
|
House
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Filed with the Clerk by Rep. Anne Stava-Murray
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Comment: OPPOSE
HB 5376
:
HUMAN RIGHTS-ACTIONS
House Sponsor:
Rep. Deanne M. Mazzochi
Synopsis As Introduced
:
Amends the Circuit Court Actions Article of the Illinois Human Rights Act. Provides that an aggrieved respondent may commence a civil action in an appropriate circuit court not later than 2 years after the occurrence or termination of an alleged civil rights violation or breach of a conciliation or settlement agreement entered into to obtain appropriate relief with respect to the alleged civil rights violation or breach. Provides that in a civil action pursuant to election, if the court finds that a civil rights violation has not occurred, the court may grant all attorney's fees and remittance of any monetary relief that was awarded during settlement by the Human Rights Commission.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Deanne M. Mazzochi
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Comment: SUPPORT
SB 3574
:
HUMAN RIGHTS-FACTFINDING CONFERENCE
Senate Sponsor:
Sen. Melinda Bush
Synopsis As Introduced
:
Amends the Article of the Illinois Human Rights Act regarding procedures for the Department of Human Rights under Articles related to employment, financial credit, public accommodations, education, and additional civil rights violations. Deletes language providing that the Department shall conduct a fact finding conference, unless prior to 365 days after the date on which the charge was filed the Director of Human Rights has determined whether there is substantial evidence that the alleged civil rights violation has been committed, the charge has been dismissed for lack of jurisdiction, or the parties voluntarily and in writing agree to waive the fact finding conference. Provides instead that the Department may conduct a fact finding conference.
Last Action
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2/14/2020
|
Senate
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Referred to Assignments
|
SB 3891
:
CIVIL RIGHTS-EMPLOY-ANONYMITY
Senate Sponsor:
Sen. Ram Villivalam
Synopsis As Introduced
:
Amends the Illinois Human Rights Act. Provides that, in cases alleging a civil rights violation under the Article regarding employment, an employee who files a charge or complaint with the Department of Human Rights or the Human Rights Commission or commences a civil action in court for unlawful discrimination has the right to remain anonymous, by use of a fictitious name, in the charge or complaint issued to or served upon the respondent.
Last Action
|
2/14/2020
|
Senate
|
Referred to Assignments
|
Comment: OPPOSE
Biometric Information Privacy Act
HB 5374
:
BIPA-PROCEDURE-LIMIT DAMAGES
House Sponsor:
Rep. Jim Durkin
Last Action
|
2/14/2020
|
House
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Filed with the Clerk by Rep. Jim Durkin
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SB 3593
Senate Sponsor:
Sen. Jason A. Barickman
Synopsis As Introduced
:
Amends the Biometric Information Privacy Act. Changes the term of "written release" to "written consent". Provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected (rather than to the public). Provides that an action brought under the Act shall be commenced within one year after the cause of action accrued if, prior to initiating any action against a private entity, the aggrieved person provides a private entity 30 days' written notice identifying the specific provisions the aggrieved person alleges have been or are being violated. Provides that if within the 30 days the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. Provides that if a private entity continues to violate the Act in breach of the express written statement, the aggrieved person may initiate an action against the private entity to enforce the written statement and may pursue statutory damages for each breach of the express written statement and any other violation that postdates the written statement. Provides that a prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages, whichever is greater); or against a private entity that willfully (rather than intentionally or recklessly) violates the Act, actual damages plus liquidated damages up to the amount of actual damages (rather than liquidated damages of $5,000 or actual damages, whichever is greater). Provides that the Act does not apply to a private entity if the private entity's employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information. Makes other changes.
Comment: SUPPORT-Illinois Chamber of Commerce initiative
HB 5375
:
BIPA-VIOLATION
House Sponsor:
Rep. Jim Durkin
Last Action
|
2/14/2020
|
House
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Filed with the Clerk by Rep. Jim Durkin
|
SB 3592
Senate Sponsor:
Sen. Jason A. Barickman
Last Action
|
2/14/2020
|
Senate
|
Referred to Assignments
|
Synopsis As Introduced
Amends the Biometric Information Privacy Act. Changes the term of "written release" to "written consent". Provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected (rather than to the public). Deletes a provision regarding a right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee or former employee may file a complaint with the Department a violation by submitting a signed, completed complaint form. Provides that all complaints shall be filed with the Department within one year from the date of the violation. Provides that any other violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, with enforcement by the Attorney General or the appropriate State's Attorney. Provides that the Act does not apply to a private entity if the private entity's employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information. Makes other changes. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.
Comment: SUPPORT-Illinois Chamber of Commerce initiative
SB 3591
:
BIPA-NEGLIGENT VIOLATION
Senate Sponsor:
Sen. Jason A. Barickman
Synopsis As Introduced
:
Amends the Biometric Information Privacy Act. Deletes language that a prevailing party may recover damages against a private entity that negligently violates the Act for each violation of the Act. Provides instead that a prevailing party may recover liquidated damages of $1,000 or actual damages, whichever is greater, and that such damages for a negligent violation by a private entity shall be recovered only for a single collection of each aggrieved party's biometric identifier or biometric information.
Last Action
|
2/14/2020
|
Senate
|
Referred to Assignments
|
Comment: SUPPORT
SB 3776
:
BIPA-RIGHT OF ACTION-RECOVERY
Senate Sponsor:
Sen. Bill Cunningham
Synopsis As Introduced
Amends the Biometric Information Privacy Act. Provides that a prevailing party may only recover liquidated damages of $1,000 or actual damages, whichever is greater, for negligent violation of the Act against a private entity offending party that is not a current or former employer of the prevailing party. Provides that a prevailing party may only recover actual damages against a private entity offending party that is the current or former employer of the prevailing party and that negligently violates the Act.
Last Action
|
2/14/2020
|
Senate
|
Referred to Assignments
|
Comment: SUPPORT
MISCELLEANEOUS
HB 3864
: PROJECT LABOR AGREEMENTS REQUIRED for WIND POWER FACILITIES
Committee Hearing:
Labor & Commerce Committee Hearing Feb 19 2020 2:00PM Capitol Building Room 114 Springfield, IL
House Sponsor:
Rep. Jay Hoffman
Synopsis As Introduced
:
Amends the Illinois Enterprise Zone Act. Provides that businesses that intend to establish a new wind power facility and are designated as a high impact businesses on or after the effective date of the amendatory Act are required to enter into construction project labor agreements, including provisions establishing wages, benefits, and other compensation for employees performing work under the project labor agreement at that location. Effective immediately.
Last Action
|
2/4/2020
|
House
|
Assigned to Labor & Commerce Committee
|
Comment: OPPOSE
HB 4051
:
RIDE SHARE EMPLOYMENT
House Sponsor:
Rep. Grant Wehrli
Synopsis As Introduced
:
Amends the Transportation Network Providers Act. Provides that, notwithstanding any laws to the contrary, a transportation network company and a driver may establish by contract that the driver is an independent contractor and not an employee.
Last Action
|
1/13/2020
|
House
|
Referred to Rules Committee
|
Comment: SUPPORT
HB 4881
:
FAIR WORKWEEK ACT/WORK SCHEDULING
House Sponsor:
Rep. Aaron M. Ortiz
Synopsis As Introduced:
Creates the Fair Workweek Act. Requires certain employers to provide employees with a good faith estimate of the employee's work schedule. Sets forth the contents of the estimate, including the median number of hours the employee can expect and the manner in which standby lists will be utilized. Requires written work schedules to be provided to employees 14 days in advance. Specifies minimum periods of rest between shifts. Provides for administration by the Department of Labor. Establishes remedies.
Last Action
|
2/11/2020
|
House
|
Filed with the Clerk by Rep. Aaron M. Ortiz
|
Comment: OPPOSE
HB 4973
:
HUMAN RESOURCE EMPLOYEE SAFETY
House Sponsor:
Rep. Ryan Spain
Synopsis As Introduced
:
Creates the Human Resources Employee Safety and Privacy Act. Provides that government agencies and persons, businesses, and associations shall not publicly post or display publicly available content that includes a human resources employee's personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly publicly post on the Internet the personal information of a human resource employee or a human resources employee's immediate family under specified circumstances. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of human resources employees. Amends various Acts to allow a human resources employee to list a business address rather than a home address and make conforming changes. Effective immediately.
Last Action
|
2/13/2020
|
House
|
Filed with the Clerk by Rep. Ryan Spain
|
Comment: SUPPORT
HB 4977:
ARTIFICIAL INTELLIGENCEVIDEO INTERVIEW DEMOGRAPHIC
House Sponsor:
Rep. Jaime M. Andrade, Jr.
Synopsis As Introduced
:
Amends the Artificial Intelligence Video Interview Act. Provides that employers that rely solely upon artificial intelligence to determine whether an applicant will qualify for an in-person interview must gather and report certain demographic information to the Department of Commerce and Economic Opportunity. Requires the Department to analyze the data and report to the Governor and General Assembly whether the data discloses a racial bias in the use of artificial intelligence.
Last Action
|
2/13/2020
|
House
|
Filed with the Clerk by Rep. Jaime M. Andrade, Jr.
|
HB 4986
:
EDUCATION EMPLOYERS-FAMILY LEAVE ELIGIBILITY
House Sponsor:
Rep. Terra Costa Howard
Synopsis As Introduced
:
Amends various Acts relating to the governance of public schools, public universities, and public community colleges in Illinois. Provides that an employee of a school district, public university, or community college district who has been employed for at least 12 months and who has worked at least 1,000 hours in the previous 12-month period shall be eligible for family and medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993.
Last Action
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2/13/2020
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House
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Filed with the Clerk by Rep. Terra Costa Howard
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HB 5077
:
WORKER MISCLASSIFIED PENALTY
House Sponsor:
Rep. Stephanie A. Kifowit
Synopsis As Introduced
:
Amends the Employee Classification Act. Increases the penalty for violating the Act to $1,500 for the first violation and $3,000 for each repeat violation within 5 years (rather than an amount not to exceed $1,000 for the first violation and an amount not to exceed $2,000 for each repeat violation within a 5-year period). Effective immediately.
Last Action
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2/13/2020
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House
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Filed with the Clerk by Rep. Stephanie A. Kifowit
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Comment: OPPOSE
HB 5202
:
PRIVATE SECURITY-TRAINING
House Sponsor:
Rep. Emanuel Chris Welch
Synopsis As Introduced
:
Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In provisions concerning the qualifications for licensure as a private security contractor, includes passage of a mental health examination. Provides that a private security contractor shall complete, within 30 days of their employment, a minimum of 40 hours (rather than 20 hours) of classroom basic training provided by a qualified instructor. Provides that a firearm training course shall consist of 80 hours (rather than 40 hours) of training and makes conforming changes. Provides that the Department of Financial and Professional Regulation shall establish guidelines for disciplining private security contractors who are found to have used excessive force during the course of their professional duties.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Emanuel Chris Welch
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HB 5259
:
FAMILY FIRST EMPLOYER PROGRAM
House Sponsor:
Rep. Sonya M. Harper
Synopsis As Introduced
:
Creates the Family First Employer Program Act. Establishes the Family First Employer Program under the Department of Labor to award employers that create family-friendly workplaces by providing, for all full-time employees, advancement and leadership opportunities; the same pay rates for similar work; stipends or assistance for child care; paid leave for the birth or adoption of a child and medical care for employees or family members of employees; flexible work accommodations for other family obligations; and health insurance and retirement plan options. Provides for the awards to be presented by the Governor and to come with a logo that a designated employer may use for promotional purposes.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Sonya M. Harper
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Comment: SUPPORT
HB 5317
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DEFINED BENEFIT PLAN REPORTING
House Sponsor:
Rep. Anna Moeller
Synopsis As Introduced
:
Creates the Defined Benefit Plan Reporting Act. Provides that all defined benefit plans that are not covered by the Employee Retirement Income Security Act of 1974 and have 200 or more plan members shall be required to comply with a specified provision of federal law that requires reporting certain fiscal information to participants and beneficiaries. Provides that the requirement does not apply to governmental plans. Effective immediately.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Anna Moeller
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HB 5394
:
REENTRY INTO THE WORKFORCE
House Sponsor:
Rep. Justin Slaughter
Synopsis As Introduced
:
Creates the Securing All Futures for Equitable Reinvestment in Communities Act. Provides legislative intent. Creates the Securing All Futures for Equitable Reinvestment Tax Credit Pilot Program Act. Provides that an applicant that hires certain formerly incarcerated individuals during the incentive period may apply for a tax credit against the applicant's withholding tax liability. Provides that the savings from the changes made to the Unified Code of Corrections shall be deposited into the Securing All Futures for Equitable Reinvestment (SAFER) Communities Fund for the purpose of funding the program. Amends the Unified Code of Corrections to reduce the sentencing ranges for all classes of felonies, and to remove minimum sentences for Class 4 felonies and Class A and Class B misdemeanors. Provides that the provisions of the Act apply to offenses committed before the effective date of this Act, and to offenses committed on or after the effective date of this amendatory Act. Provides for resentencing of currently incarcerated persons based on these changes. Effective immediately.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Justin Slaughter
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HB 5531
:
REPORT USE OF UNPAID INTERNS
House Sponsors
:
Rep. Marcus C. Evans, Jr.
Synopsis As Introduced
:
Amends the Equal Pay Act of 2003. Requires employers that use unpaid interns to report to the Department of Labor the number of unpaid interns utilized and the percentage of those interns that are offered and accept paid employment with the employer. Effective immediately.
Last Action
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2/14/2020
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House
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Filed with the Clerk by Rep. Marcus C. Evans, Jr.
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SB 471
:
PAID SICK LEAVE
Senate Sponsor:
Sen. Kimberly A. Lightford-Ann Gillespie, Emil Jones, III, Scott M. Bennett, Ram Villivalam, Robert Peters-Cristina Castro and Omar Aquino-Jacqueline Y. Collins
House Sponsor:
Rep. Jehan Gordon-Booth, Kelly M. Cassidy, Sam Yingling, Daniel Didech, Will Guzzardi, Celina Villanueva, Marcus C. Evans, Jr., Barbara Hernandez, Rita Mayfield, La Shawn K. Ford, Theresa Mah, Debbie Meyers-Martin, Delia C. Ramirez, Robyn Gabel, Anna Moeller, Sonya M. Harper, Carol Ammons and Lindsey LaPointe
Senate Floor Amendment No. 2
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Replaces everything after the enacting clause. Creates the Healthy Workplace Act and amends the State Finance Act. Requires employers to provide specified paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Exempts employers subject to the Railway Labor Act. Provides that an employee who works in the State who is absent from work for specified reasons is entitled to earn and use a minimum of 40 hours of paid sick time during a 12-month period or a pro rata number of hours of paid sick time under the provisions of the Act. Provides that it is unlawful for an employer to interfere with, restrain, deny, change work days or hours scheduled to avoid paying sick time, or discipline an employee for the exercise of, or the attempt to exercise, any right provided under or in connection with the Act, including considering the use of paid sick time as a negative factor in an employment action that involves hiring, terminating, evaluating, promoting, disciplining, or counting the paid sick time under a no-fault attendance policy. Provides that any employer that the Department of Labor or a court finds by a preponderance of the evidence to have knowingly, repeatedly, or with reckless disregard violated any provision of the Act or any rule adopted under the Act is subject to a civil money penalty to be paid to the employee not to exceed $2,500 for each separate offense. Provides that the Department of Labor shall administer the Act. Authorizes individuals to file civil actions with respect to violations. Creates the Healthy Workplace Fund as a special fund in the State treasury. Effective immediately.
Last Action
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12/16/2019
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House
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Rule 19(b) / Re-referred to Rules Committee
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Comment: OPPOSED to current version. Working on amendment that provides greater flexibility to employers.
SB 1864
:
SMOKE FREE ILLINOIS-E-CIG
Committee Hearing:
Human Services Committee Hearing Feb 19 2020 8:30AM Stratton Building Room C-1 Springfield, IL - House Committee Amendment 1 - House Committee Amendment 2
Senate Sponsors
:
Sen. Terry Link-Julie A. Morrison-Mattie Hunter and Kimberly A. Lightford-Jacqueline Y. Collins
House Sponsor:
Rep. Ann M. Williams-Carol Ammons
Senate Floor Amendment No. 2
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Replaces everything after the enacting clause. Amends the Smoke Free Illinois Act. Includes the use of alternative nicotine products and electronic cigarettes in the definition of "smoke" or "smoking". Defines "electronic cigarette", "nicotine", and "tobacco product". Effective January 1, 2020.
Last Action
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1/28/2020
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House
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Assigned to Human Services Committee
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SB 3172
:
VIOLENCE PREVENTION-WORKPLACE
Senate Sponsors
Sen. Steve Stadelman
Synopsis As Introduced
:
Amends the Health Care Workplace Violence Prevention Act. Includes nursing homes and hospitals in the definition of "health care workplace". Effective January 1, 2021.
Last Action
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2/11/2020
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Senate
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Referred to Assignments
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SB 3295
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WAGE PAYMENMT & COLLECTION ACT-INCREASES PENALTIES
Senate Sponsor:
Sen. Ram Villivalam
Synopsis As Introduced
:
Amends the Illinois Wage Payment and Collection Act. Provides that an employee is entitled to recover damages of 5% (rather than 2%) of the amount of any underpayments in wages for each month following the date of payment during which such underpayments remain unpaid. Effective immediately.
Last Action
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2/11/2020
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Senate
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Referred to Assignments
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Comment: OPPOSE
SB 3307
:
EMPLOYEE EXPENSE-REIMBURSEMENTS
Senate Sponsors:
Sen. Patricia Van Pelt-Chuck Weaver
Synopsis As Introduced
:
Amends the Illinois Wage Payment and Collection Act. In a provision requiring an employer to reimburse an employee for all necessary expenses or losses incurred by the employee within the employee's scope of employment, requires the employer to reimburse the employee within 30 days after receipt of the necessary expenditures or losses. Provides that an employer is not liable unless the employer required (rather than authorized or required) the employee to incur the necessary expenditure or the employer failed to comply with its own written expense reimbursement policy. Effective immediately.
Last Action
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2/11/2020
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Senate
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Referred to Assignments
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Comment: SUPPORT-Illinois Chamber initiative
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