Employment Law Council Hosts Meeting on IDOL Day Labor Rules
In preparation for the submission of the Illinois Chamber’s comments on the Illinois Department of Labor’s (IDOL) proposed rule that eventually will be replacing the emergency rule regarding day and temporary labor, the Employment Law Council hosted a virtual meeting for its members on September 12th.
In response to the Governor's signing of HB 2862 into law as PA 103-437, IDOL issued emergency rules and corresponding proposed rules. The new law and emergency regulation are effective August 4, 2023.
The emergency and proposed rule makes extensive changes that affect the responsibilities and obligations of employers who use day and temporary labor services. In general, the emergency rule:
- clarifies day and temporary labor services agencies’ responsibilities to pay certain laborers wages and benefits equal to those of direct-hire employees of the third-party client;
- increases fees and fines per the law for third-party clients;
- authorizes laborers to refuse assignment to the site of a labor dispute;
- outlines for procedures for an interested party to pursue a whistleblower action against third-party clients;
- clarifies parties’ responsibilities when IDOL, the Office of the Attorney General, or another party are pursing related actions at the same time; and
- clarifies the obligation of day and temporary labor service agencies and third-party clients to inform and train laborers regarding work site hazards.
During the meeting, the discussion and concerns from employers centered on:
- the definitions that impacted how benefits were to be calculated under the equal pay requirements
- the overly broad definition of “labor dispute”
- the manner as to how 90 days of “assigned” work was to be calculated
- how training was required
- other overly broad requirements and definitions that employers would be subject to.
If you have comments that you would like the Chamber to include, please contact us. The deadline for submission of public comments is October 2nd.
If you use Day Labor Services to meet your workforce needs, you will want to be aware of the new law that creates new responsibilities and obligations as a third-party client of those services.
IWCC Advisory Board Meetings Provide Important New Insights
This week's Illinois Workers Compensation Advisory Board and Medical Fee Advisory Board meetings held provided valuable insight on issues impacting Illinois' workers' compensation system.
Two pending issues regarding the medical fee schedule were discussed. The first dealt with billing practices by certain ambulatory surgical centers (ASCs). The Commission has become aware of significantly high billings for lumbar back surgeries, (one was at $700,000). The problem stems from a lack of updating the fee schedule for procedures that are now being performed at ASCs that were not contemplated being performed at such facilities when the fee schedule was created. Consequently, the billings default to 53.2% of charges. The Commission is looking into the issue to determine what authority they have to address the situation...whether they can move forward under current statute or whether they need a legislative change. If you have experienced any unusually high billings from an ASC, please provide us the information so that we can share it with the Commission.
The second issue is a request by rehabilitation hospitals to have their fee schedule updated. It has not been updated since its creation. It is anticipated that the IWCC Medical Fee Advisory Board will hear a presentation from representatives of the rehabilitation hospitals at its next meeting in December.
Chairman Brennan provided an update on the Yellow Freight bankruptcy. The Commission has called in the bond security that Yellow Freight held as a self-insured employer. It is estimated that there are about 200 Yellow Freight claims pending for its 2200 Illinois employees. The Commission estimates that the bond will exceed the anticipated losses. The Chairman noted that the bankruptcy stay was recently lifted by the court and there have been discussions with the bond company.
The Chairman also provided updates on recent arbitrator retirements and new appointments. Arbitrator reassignments will be effective January 1, 2024. Illinois law limits any arbitrator from serving more than 4 years in any given zone. A 14th arbitrator will be added in zone 1/Cook County. The additional arbitrator is used to fill in for arbitrators were illness, vacancy, etc. may occur.
List of New Employment Laws
Of the 25 employment law bills sent to Gov. Pritzker this year, 24 have become law and 1 was vetoed. To get the full list of measures, their effective dates and links to the public acts, go to
The House and Senate return for the 2023 fall veto session scheduled for October 24th-26th and November 7th-9th. View the calendar here.
Illinois Chamber 2023 Annual Luncheon September 28th in Oak Brook - Register Today!
We at the Illinois Chamber are thrilled as we look forward to our 2023 annual meeting taking place on September 28th in Oak Brook. As every year, we invite you to join us for a wonderful lineup of speakers and activity in support of the Illinois business community.
We are thrilled that Illinois State Comptroller Susana Mendoza will help us kick off the annual meeting with a fireside chat with Secretary of the Chamber Board, Kelly Edwards - State Counsel for Illinois and Indiana at State Farm Insurance Companies. After lunch has been plated, our keynote speaker, Vice Chair of Inland Real Estate Group and President of Inland Real Estate Acquisitions, Joe Cosenza will address attendees. The event will conclude with a time of remembrance and a tribute to Illinois Chamber President and CEO Todd Maisch who we sadly lost earlier this summer.
Register HERE - we can't wait to see you at the luncheon!
Illinois Chamber & Illinois Self Insurers Association Co-Host Workers’ Compensation Conference
For many years both the Illinois Chamber and the Illinois Self Insurers Association have separately provided an annual workers’ compensation conference. Beginning on October 17, 2023, both organizations will jointly hosting an annual one-day conference at the Hilton Double Tree in Lisle Illinois.
Our luncheon speaker is former Chicago Bear Mike Singletary. We also have presentations from Workers’ Compensation Research Institute President & CEO Ramona Tanabe
We have exciting and informative topics and speakers planned.
Put October 17th on your calendar to attend.
Upcoming Events of Interest
The Illinois Attorney General invites you to attend webinars from the Military & Veterans Rights Bureau
I am pleased to announce the next webinar series offered by my office’s Military and Veterans Rights Bureau. These webinars will share important information on the rights and benefits that our service members, veterans, and their families have earned as well as information on how to spot common scams targeting veterans and their benefits. I recognize that the physical and psychological effects of military duty often continue after the tour of duty ends. Likewise, our state’s and our country's support for the troops does not stop when they come home. To compensate veterans for the hardships they have suffered in service to our country, the state and federal governments provide them with protections and benefits.
My Military and Veterans Rights Bureau is dedicated to ensuring that veterans and active duty military service members receive the benefits they have earned. They do this by providing information on veteran consumer scams, military employment rights and military veterans assistance. These webinars will provide valuable information to support our service members and veterans and those that work with these individuals.
The Illinois Military Veterans Assistance Act (MVAA) Webinars will provide an overview of the Military Veterans Assistance Act (330 ILCS 45) and the recent changes that became effective February 12, 2023, including the role of Veterans Assistance Commissions and county boards in the administration of benefits for military veterans and their families. The MVAA webinars will be held on August 24 and October 26, 2023.
The Illinois Service Member Employment and Reemployment Rights Act (ISERRA) Webinars will provide an overview of ISERRA (330 ILCS 61), including the types of qualifying military service, the employment protections and reemployment rights for members of the National Guard, Reserves and Federal Auxiliaries while completing their military requirements, and the health insurance and pension protections included in ISERRA. The ISERRA webinars will be held on September 28 and October 24, 2023.
I encourage service members, veterans, their families, employers, Veterans Assistance Commissions, and county boards to participate in one or more of these free webinars. To RSVP, please register via the links below or contact special.events@ilag.gov. I also encourage you to email questions in advance so we can be responsive to the issues you are facing.
Very truly yours,
Kwame Raoul
Illinois Attorney General
How to enroll:
To register for a webinar, click on the Zoom registration link and you will be directed to the registration site. Once you are registered, you will receive the log in information. If you need assistance registering or to request reasonable accommodations, please contact Theresa Geary at special.events@ilag.gov or 1-866-376-7215. Individuals with hearing or speech disabilities can reach us by using the 7-1-1 relay service.
Illinois Military Veterans Assistance Act (MVAA) Webinars
Thursday, October 26, 2023
11:30 a.m. – 12:30 p.m.
Register in advance for this webinar:
Illinois Service Member Employment and Reemployment Rights Act (ISERRA) Webinars (register for one):
Thursday, September 28, 2023
1:00 p.m. – 2:30 p.m.
Register in advance for this webinar:
OR
Tuesday, October 24, 2023
1:00 p.m. – 2:30 p.m.
Register in advance for this webinar:
For questions on the content of the presentations or to reach our Military and Veterans Rights Bureau, please call 1-800-382-2000 or email mvrb@ilag.gov.
Theresa Geary
Special Events & Programs Coordinator
Illinois Attorney General’s Office
100 W. Randolph St, 11th Floor
Chicago, IL 60601
Work Cell: 312-909-4756
