Illinois House Wraps Up Committee Action
The deadline for action on House Bills out of committee has passed. We will wait to see which, if any, House bills get a deadline extension.
Both Chambers will return to Springfield this coming week. The Senate will be looking to vote on measures that were advanced out of committee. The deadline for approval of Senate bills by the Senate is Friday, February 25th. The House deadline for passage of House bills is March 4th.
IDOL Adds New Info on Equal Pay Registration Certificate
The Illinois Department of Labor (IDOL) has updated their website with some additional Equal Pay Act registration compliance information. IDOL is preparing for the implementation of Section 11 of the Illinois Equal Pay Act which takes effect on March 24, 2022. The new requirements apply to employers of 100 or more full-time Illinois employees.
There remains a lot that needs further clarification and IDOL has informed us that it will be issuing proposed rules to implement the new law in the near future.
Key legislative issues we are working on
Employer Limits on Testing for Cannabis: We continue to negotiate language with Rep. Bob Morgan (D-Highwood) on HB 4116. Amendment 2 which was adopted and sent to the House floor on a 15-12 vote by the Labor Committee. We testified pointing out flaws in the legislation that we believe dramatically limit an employer’s ability to test for legal substances beyond cannabis and will negatively impact safety in the workplace.
Bereavement Leave: Amendments 1 and 2 to SB 3120, sponsored by Sen. Melinda Bush (D-Grayslake), will expand the Child Bereavement Act to include family members. The proposal also will expand the up to 10 work days of unpaid leave to pregnancy loss; unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; a failed adoption match or an adoption that is not finalized because it is contested by another party; a failed surrogacy agreement; a diagnosis that impacts pregnancy or fertility; or a stillbirth. We were able to get some technical clarification in Senate amendment 2.
We also have been working with Rep. Maurice West (D-Rockford) on HB 4215. We have offered an amendment that reduces his 26 weeks of leave for employees working at employers of 250 or more to 12 weeks of unpaid leave and 6 weeks for employers with less than 250 employees. The leave would be available to parents who lose a child due to murder or suicide.
Expanding Liability to Employers for Gender and Domestic Violence: Rep. Will Guzzardi (D-Chicago) is pushing for passage of HB 4850. This measure amends the Gender Violence Act adding domestic violence in the definition of "gender-related violence". An employer is liable for gender-related violence committed by an employee or nonemployee if the employer, through the employer's acts or omissions, engages in:
(1) encouraging or assisting in the commission of the gender-related violence by failing to supervise, train, or monitor an employee or nonemployee;
(2) having prior knowledge of an employee's or nonemployee's propensity for engaging in similar conduct but failing to take remedial measures;
(3) failing to investigate complaints or reports of similar conduct by an employee or nonemployee; or
(4) otherwise failing to investigate or take remedial measures in response to complaints or reports of similar conduct by an employee or nonemployee.
Requires an action based on gender-related violence relating to domestic violence to be commenced within 7 years after the cause of action accrued or, in a case where the person was a minor at the time the cause of action accrued, within 7 years of the person reaching the age of 18. Provides that no person has the power to waive any provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. We oppose this measure and are continuing to work with the sponsor to determine if there is a compromise that can be reached. Rep. Guzzardi’s basis for the need of the legislation is the 2019 Third Appellate Court’s decision in Gazic v. Marquette.
Adding Family Responsibilities to the Illinois Human Rights Act: HB 4179, sponsored by Rep. Jennifer Gong-Gershowitz (D-Glenview), amends the Illinois Human Rights Act to prohibit an employer from discriminating against any individual because of the individual's family responsibilities. House amendment 1 pares back the original bill and the bill sponsor has indicated that she will work with us on any other concerns we identify.
One Day Rest in Seven Act Penalties: Two proposals are advancing that increases the penalties for violation of the Act. They also replace of “calendar week” to “consecutive seven-day period”. An employee who works in excess of 7 1/2 continuous hours will be entitled to an additional 20-minute meal period for every additional 4 1/2 continuous hours worked. Employers covered by the Act must post and keep posted, in one or more conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be provided by the Director of Labor, summarizing the requirements of the Act and information pertaining to the filing of a complaint. SB 3146, sponsored by Sen. Celina Villanueva (D-Chicago), is being amended to bifurcate the civil penalties. An employer with fewer than 25 employees, the civil penalty shall not exceed $250 per offense, payable to the Department of Labor, and damages of up to $250 per offense, payable to the employee or employees affected. For an employer with 25 or more employees, the civil penalty shall not exceed $500 per offense, payable to the Department, and damages of up to $500 per offense, payable to the employee or employees affected. Provides that an offense under the Act shall be determined on an individual basis for each employee whose rights are violated. A similar bill, HB 4600, sponsored by Rep. Lakesia Collins (D-Chicago) is advancing in the House.
No Mandatory Arbitration for Sex Harassment: HB 5574, sponsored by Rep. Denyse Wang Stoneback (D-Evanston), an employer may not require a prospective, current, or former employee to sign a confidentiality provision of a settlement agreement or termination agreement relating to a claim of discrimination, retaliation, harassment, or sexual assault in the workplace. A confidentiality provision is permissible when it relates to the monetary amount of a settlement or it prohibits disclosure of facts that could lead to the identification of the employee. With the recent passage of HR 4545 by Congress and likely signature by the President, we are asking the sponsor to work with us to align Illinois’ Workplace Transparency Act with the new federal law.
Unemployment Insurance Negotiations: The Illinois Chamber is participating in the weekly agreed bill meetings. We are working with the other business groups to develop a proposal for addressing the $4.5 billion deficit in the Illinois Unemployment Insurance Trust Fund. At this time, we are gathering information and data from the Illinois Department of Employment Security.
Other Employment Law Legislation that is Advancing:
HB 2538 GENERAL CONTRACTORS LICENSING (STONEBACK D)
House Committee Amendment No. 1: Creates the General Contractors Licensing Act. Provides for the licensure of general contractors by the Department of Financial and Professional Regulation. Creates the General Contractor Board. Provides for the membership and powers and duties of the Board. Contains provisions concerning definitions; title; display of license; address of record and email address of record; powers and duties of the Department; application for licensure; license classifications; licensure, renewal, and restoration; inactive status; fees; disposition of funds; advertising; insurance; listing of general contractors; violations, injunctions, and cease and desist orders; grounds for disciplinary action; investigation and notice and hearing; records of proceedings; compelling testimony; hearings and motions for rehearing; appointment of a hearing officer; order or certified copy and prima facie proof; restoration of suspended or revoked license; surrender of license; the Administrative Review Law; confidentiality; and the Illinois Administrative Procedure Act. Amends the Regulatory Sunset Act to repeal the General Contractors Licensing Act on January 1, 2028. Effective immediately. Do Pass as Amended / Short Debate Labor & Commerce Committee; 015-008-001 OPPOSE
HB 4450 CHILD LABOR-WAIVER REQUEST (MUSSMAN M)
Amends the Child Labor Law. Provides that minors under 16 years of age working as child performers shall be permitted to work until 10 p.m. without seeking a waiver from the Department of Labor. Provides that an employer may apply to the Director of Labor, or his or her authorized representative, for a waiver permitting a minor to work outside of the hours allowed by the Act if specified criteria are satisfied.
House Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that minors under 16 years of age working under specified provisions of the Act (rather than working as child performers) shall be permitted to work until 10 p.m. Provides that a waiver request for a minor to work between 12:30 a.m. and 5 a.m. may be granted if the Director of Labor, or his or her authorized representative, is satisfied that the performance by the minor during that time is critical to the success of the production, as demonstrated by true and accurate statements by the employer that filming cannot be completed at any other time of day; the filming primarily requires exterior footage of sunset, nighttime, or dawn; the filming is scheduled on the most optimal day of the week for the minor's schooling; the employer provides a schedule to the Department of Labor of schooling and rest periods on the day before, the day of, and the day after the overnight hours to be worked; and the age of the minor is taken into account as provided by the Act or any rules adopted under the Act. Provides that the waiver request must be received by the Department at least 72 hours (rather than 48 hours) prior to the overnight hours to be worked. House Bills on Second Reading Consent Calendar - Second Day
HB5412 WAGE PAYMENT & COLLECTION (EVANS M)
Amends the Illinois Wage Payment and Collection Act. Provides that, for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State, shall assume, and is liable for, any debt owed to a claimant incurred pursuant to the Act by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Provides exemption from liability for a property owner who acts as a primary contractor related to the erection, construction, alteration, or repair of his or her primary residence. Defines terms. Provides that the primary contractor's liability under the new provisions shall extend only to any unpaid wages or fringe or other benefit payments or contributions, including interest owed, penalties assessed by the Department, and reasonable attorney's fees, but shall not extend to liquidated damages. Provides that a primary contractor or any other person shall not evade or commit any act that negates the requirements of the new provisions. Provides that the obligations and remedies provided in the new provisions shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in the new provisions shall be construed to impose liability on a primary contractor for anything other than unpaid wages, fringe or other benefit payment contributions, penalties assessed by the Department of Labor, interest owed, and reasonable attorney's fees. Provides that claims brought pursuant to the new provisions shall be done so in accordance with provisions concerning violations of the Act. House Bills on Second Reading. OPPOSE
HB4625 EMPLOYMENT & ACCOMODATION-WEIGHT (NESS S)
Amends the Illinois Human Rights Act. Unless based upon a bona fide occupational qualification, it is a civil rights violation for employers, employment agencies, and labor organizations to take certain employment-related actions on the basis of an individual's weight and size. Provides that it is a civil rights violation for any person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, because of the weight and size of any person, directly or indirectly, to refuse, withhold from, or deny to any individual any of the accommodations, advantages, facilities, or privileges thereof. House Bills on Second Reading
SB 3616 HUMAN RIGHTS NATURAL HAIR (HUNTER M/GORDON BOOTH J)
Amends the Illinois Human Rights Act. Provides that the amendatory Act may be referred to as the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. Provides that "race", as used in the Employment Article, includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. House Rules Committee
Chamber Day 2022
Wednesday March 2, 2022
9:30 am to 1:00 pm
President Abraham Lincoln A Double Tree by Hilton
701 East Adams Street
Springfield, IL 62701
