Aaron Harris | Executive Director, Employment Law Council | 312-596-5899
The mission of the Employment Law Council is to effectively represent Illinois employers on employment law issues such as workers compensation, unemployment insurance, employment discrimination, workplace mandates and other management/employee issues. We advocate public policy actions that advance the interests and viewpoints of employers, and to assist in creating a political climate conducive to improving Illinois' ability to create and retain jobs.

The Council accomplishes its mission with the involvement of hundreds of employers who participate in our three committees: Workers' Compensation; Employment Law & Litigation; and Unemployment Insurance. Through the efforts of these committees we develop policies and strategies that are implemented by the Council and Illinois Chamber staff.
Illinois General Assembly Starts 2024 Session
 
The Illinois Chamber’s Employment Law Council represents Illinois employers on issues impacting your businesses (mandated benefits, employment discrimination, unemployment insurance, workers compensation and other employment law issues). 2023 was a very busy year with 24 new laws enacted. (See the December Newsletter for a summary of those new laws). 2024 looks like it could be just as busy. The Michael Best Strategies lobbying team in Springfield are your boots on the ground. Be it testifying, negotiating, registering our positions with staff and committees, or working closely with other business advocates, we remain a strong voice for the business community and have been significantly involved in the laws that that are impacting your business in 2024.


Key Employment Law Issues for 2024

Paid Leave for All: SB208/PA 102-1143, effective Jan 1, 2024, requires all Illinois employers to provide one hour of paid leave for every 40 hours worked to all employees. Illinois employers are waiting for the Illinois Department of Labor’s (IDOL) final rule to implement the law. It is expected the final rule will be released in the next few weeks. We were the only business group to provide testimony at the November 29th IDOL hearing on its proposed rule.

Several bills have been recently introduced to amend the Act. The focus of these bills has been to exempt certain local government units from the law. SB 2613 (Lightford) exempts park districts; SB 2635 (Castro) exempts higher education institutions; SB 2646 (DeWitte) exempts forest preserve districts; and, HB 4228 (Swanson) exempts fire protection districts. We will be looking for opportunities to amend the law to allow for easier implementation by employers.

Day and Temporary Labor Services bill: HB2862/PA 103-437 went into effect August 4, 2023. IDOL emergency rules also went into effect on August 4th. The Employment Law Council provided written comments to the IDOL rule. We also anticipate a final rule to be published in the next few weeks.

During the Fall Legislative Session, the General Assembly approved HB 3641 which the Governor signed into law as PA 103-564. This measure is an omnibus bill that includes a delayed effective date to April 1, 2024 for the calculations for the monetization of benefits. The Council’s lobbying team from Michael Best Strategies is working with a coalition of businesses to seek additional legislative changes to the law.

Whistleblower Liability Expansion: The Office of the Illinois Attorney General is seeking to expand the liability on employers under the state’s Whistleblower Act by adding contractual workers as employees and expanding protections for immigrants. The AG also is looking to dramatically increase the civil penalties and remedies under the Act. The Illinois Chamber has been in negotiations with the AG Office for nearly a year. Our goal is to protect employer interests and limit changes to egregious actions by an employer. Rep. Marcus Evans (D-Chicago) will be the sponsor.

Creates the Civil Rights Remedies and Restoration: (HB 2248/PA 103-150 was effective Jan.1, 2024. As a result of the U.S. Supreme Court case of Cummings v. Keller decision, an individual whose civil rights have been violated will be left without a full range of remedies. This legislation would undo that by establishing a statutory minimum of $4K for each violation under several federal laws acts and provides several different venues and different remedies. We are working the sponsors, Rep. Kelly Cassidy (D-Chicago) and Sen. Robert Peters (D-Chicago) to get clarifying language in the statute that this new law will not apply to employment-related matters.

Workers’ Comp Medical Fee Issues: Some of the most critical, specialized medical services are provided by rehabilitation hospitals such as Shirley Ryan Ability Lab. The rehabilitation hospital fee schedule has not been updated since 2012.

The Chamber and the Illinois Workers’ Compensation Commission have become aware of significantly high billings practices by certain ambulatory surgical centers (ASCs). 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.

We will work with the Commission’s Medical Fee Advisory Board in its review of the fee schedule issues to address access and quality of care for injured workers at reimbursement rates that are fair, reasonable, and necessary reimbursement rates for medical providers and Illinois employers.


2024 Bill Introductions as of January 12th

VESSA: HB 4445, introduced by Rep. Didech (D- Buffalo Grove), requires employer covered under the Victims Economic Security & Safety Act (VESSA) to permit an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence to utilize for personal use an employer-provided electronic device to document or communicate an act of domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or the employee's family or household member. Requires employers to grant an employee who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence or an employee who has a family or household member who is a victim or alleged victim or domestic violence, sexual violence, gender violence, or any other crime of violence access to any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on an employer-provided electronic device issued to the employee whenever such photographs, voice or video recordings, sound recordings, or other digital documents or communications are needed by the employee or the employee's family or household member during a criminal action or proceeding to establish or support an allegation of domestic violence, sexual violence, gender violence, or any other crime of violence.

Provides that, if an employee is seriously injured or incapacitated, the employer shall grant access to the described materials to a family or household member of the employee who requests access from the employer and whose interests are not adverse to the employee as it relates to the domestic violence, sexual violence, gender violence, or other crime of violence. Provides that every employer covered by the Act shall post and keep posted, in conspicuous places where employees are employed, a notice, to be prepared or approved by the Director of Labor, explaining these provisions.

Discrimination- Family Responsibilities: SB 2616, introduced by Se, Natalie Toro (D-Chicago), amends the Illinois Human Rights Act adding protections from discrimination against any individual because of his or her family responsibilities in employment. Adds a civil rights violation for a person, or 2 or more persons, to conspire to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be discrimination based on family responsibilities. Changes the definition of "harassment" to include any unwelcome conduct on the basis of an individual's actual or perceived family responsibilities. Defines "family responsibilities" as an employee's actual or perceived provision of personal care to a family member. Defines "personal care" and "family member".

Military Funeral Leave: SB 2666, introduced by Sen. Mike Pofirio (D-Burbank), changes the name of the Family Military Leave Act to the "Military Leave Act". Allows an employee to use up to 8 hours per calendar month to participate in a funeral honors detail, up to a total of 40 hours per calendar year, or more if authorized by the employer or if provided for in a collective bargaining agreement. Allows an employee that takes leave to do so in lieu of, and without having exhausted, his or her vacation leave, personal leave, compensatory leave, or any other leave that may be granted to the employee, including sick leave and disability leave. Requires an employer to pay the employee his or her regular rate of pay for the leave taken to participate in a funeral honors detail.

Employee Sick Leave Mandate: SB 2691, introduced by Sen. Laura Fine (D-Glenview), amends the Employee Sick Leave Act to allow an employer to limit the use of personal sick leave benefits provided by the employer for absences due to an illness, injury, medical appointment, or personal care of the employee's covered family member to an amount not less than the personal sick leave that would be earned or accrued during 9 months (rather than 6 months) at the employee's then current rate of entitlement. Employers who base personal sick leave benefits on an employee's years of service instead of annual or monthly accrual may limit the amount of sick to three-fourths of the employee's maximum annual grant (rather than half of the employee's maximum annual grant). An employer may not require an employee to provide advance notice of his or her use of personal sick leave benefits.
 
Covenants Not to Compete: SB 2737, introduced by Sen. Paul Faraci (D-Champaign), amends the Illinois Freedom to Work Act to provide that any covenant not to compete or covenant not to solicit entered into after the effective date of the amendatory Act is not enforceable with respect to professionals licensed in Illinois who provide mental health services to veterans and first responders.


Legislation From 2023 Reassigned to a Senate Committee

New BIPA-like Liability: SB 173 (Feigenholtz) amends the Right to Privacy in the Workplace Act to require an employer who engages in any type of electronic monitoring of its employees to give each employee who may be affected prior written notice of the types of electronic monitoring that may be used by the employer. Reassigned to the Senate Judiciary Committee.

Unemployment Insurance: SB 1355 (Bennett) allows an employer to pay its first 3 unemployment insurance quarterly contribution in equal installments.

Warehouse Worker Protection Act: SB 1908 (Villanueva) proposed new Act to require an employer to provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. This legislation is strongly opposed by the Illinois Chamber.

Drug Testing Limitations: SB 2321 (Peters) limits employer drug testing for THC, including zero tolerance policies. The Chamber has been negotiating this issue for more than two years.
 
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