Council Testifies at IDOL Hearing on Equal Pay Proposed Rule
As provided in the Illinois Administrative Procedure Act, the Illinois Chamber requested that the Illinois Department of Labor (IDOL) hold a public hearing on its proposed rule implementing Section 11 of the Illinois Equal Pay Act. IDOL held its virtual hearing on August 9th at 10 a.m.
In addition to written comments provided in July, the Employment Law Council provided testimony at the hearing reiterating the inadequacy of the proposed rule. The lack of clarity, specifics, and guidance in the proposed rule appeared to be a means of skirting the Administrative Procedure Act. The inadequacy of the rule causes employers to be unable to have certainty and confidence that their application and data is in compliance. We recommended that various definitions and forms that are provided in the Department’s guidance or frequently asked questions sections on its website be added to the final rule.
The proposed rule also allows an employee to look back at their employer’s wages as far back as ten years. We pointed out that IDOL has no statutory authority to go back that far and ten years was excessive. We recommended up to 3 years and that the look back only apply to data submitted by the employer to IDOL under the new law.
We informed the Department that their letters of denial of an application requiring 5 business days for the employer to respond was inconsistent with the statute allowing 30 days to respond. We are also concerned that employers already are being required to file with IDOL without final regulations in place.
Section 11 of the Equal Pay Act requires employers of 100 or more to file with IDOL wage data and certification of compliance with various federal and state discrimination laws.
IDES Rule on Waiver of Overpaid Benefits Adopted
The Federal Emergency Management Agency (FEMA), the federal agency that oversees the Lost Wages Assistance (LWA) program, provided guidance as to the requirements for a claimant to receive a waiver of recovery of an overpayment of LWA benefits. The Illinois Department of Employment Security’s (IDES) rule provides for individuals to make a request or waiver of recovery of overpayments under the LWA program in coordination with administrative rules involving the waiver of recovery of overpayments in other unemployment insurance programs. The IDES rule went into effect July 29,2022. A copy can be found in the August 12, 2022 Illinois Register.
Constitutional Amendment Seeks to Guarantee Labor Rights
On November 8, Illinois voters will decide whether to provide union leaders the most extreme powers in the nation.
If approved Amendment 1 will place four distinct labor provisions in the Illinois Constitution:
1) a “fundamental right” to organize and bargain;
2) the right to bargain over wages, hours, working conditions, economic welfare and safety at work – i.e., virtually anything;
3) a prohibition on lawmakers from interfering with, negating or diminishing those rights;
4) a prohibition against a worker’s ability to choose to be a member of a union.
Should voters approve Amendment 1, it will be the first constitutional provision of its kind in the nation to:
- make organizing and bargaining a “fundamental right”
- allow negotiations over limitless subjects
- prohibit lawmakers from limiting union power
- constitutionally ban a worker’s ability to choose to be a union member or not.
The Illinois Chamber opposes the constitutional question. If you would like more information, please contact us.
IL Chamber Annual Luncheon Sponsorship Availability
The Illinois Chamber’s 2022 Annual Meeting is set for October 6 from 10:30 am to 1:30 pm at the Palmer House Hilton in Chicago.
The agenda includes our one-hour pre-event reception “All Council Mix & Mingle”. The luncheon program is the “Future of Energy and Impact on Illinois: Actions of the Federal Reserve”
Sponsorship of the All Council Mix & Mingle is available for $2,500.00. Benefits of sponsorship are:
- Two seats for your company at the Annual Luncheon
- Acknowledgement on signage at pre-event reception, on website, and
invite for the event
- Exhibitor space to highlight your company during the pre-event reception.
Illinois Chamber News
Learn how to protect yourself & your business from becoming a victim of cybercrime. Join us for the region's 7th Annual Cyber Security Summit, rated Top 5 InfoSec Conference Worldwide, held on Friday August 26th, 2022.
The Illinois Chamber of Commerce is a proud partner of this event and has secured Exclusive Complimentary Admission.
Attend onsite at the Marriott Marquis Chicago to network & engage with colleagues and Industry Experts face-to-face. You will also enjoy a catered breakfast, lunch & cocktail reception.
If you cannot attend in person, you may register to attend virtually.
Earn up to 8 Continuing Education Credits by attending the day in full.
Learn from Subject Matter Experts from IBM Security, Verizon, Darktrace, Google Chrome, Dell Technologies, and many more who will discuss the latest security threats, best practices, and innovative solutions to protect your business.
Please note: Admission is for C-Suite/Senior Level Executives, Directors, Managers, and other IT/Cyber Professionals and Business Owners/Leaders. Those in Sales / Marketing and Students are not permitted.
You are welcome to share this invitation with your IT Security Team and other Senior Level colleagues who would benefit from attending this event.
