Election Overview: Democrats expand power in the Illinois House, Supreme Court
Favorably drawn district and the ability to significantly outspend their Republican opponents allowed many Democratic incumbents and candidates in open seats to prevail, giving House Speaker Chris Welch the largest Democratic Supermajority in state history heading into the 103rd General Assembly.
House Democrats will expand their majority by four seats, and possibly a fifth as the race for Illinois House District 45 continues to play out between incumbent State Rep. Deanne Mazzochi (R-Elmhurst) Jenn Ladisch Douglass (D-Elmhurst).
The Illinois Senate Democratic super majority 41-18 will actually decrease by one seat after Erica Harriss (R-Glen Carbon) won over recently appointed Senator Kris Tharp (D-Bethalto) in the Metro East.
As expected, Democrats retained control of all five statewide constitutional offices.
Democrats also expanded their majority in the Illinois Supreme Court to 5-2 after Democrats Elizabeth Rochford and Mary Kay O’Brien edged out their Republican opponents in highly contested races.
As a result of these races, it likely that we will see greater expansions of workers’ rights and protections in the 103rd General Assembly.
In the wake of the disappointing election cycle, the Illinois House and Senate Republican Caucuses both selected new leaders for their respective caucuses. State Representative Tony McCombie (R-Savanna) will be the new Illinois House Republican Leader. State Senator John Curran (R-Downers Grove) was selected to be the new Illinois Senate Republican Leader.
AP: ‘Workers’ Rights’ Constitutional Amendment passes
On Tuesday, The Association Press declared that the Constitutional Amendment ballot referendum, aimed at expanding protections for union workers, was approved by voters. While it did not reach the 60% threshold among voters participating on the referendum question, it appears to have achieved approximately 53% of all ballots cast based on the latest reports.
The Illinois Constitution will be amended to include a new section in the Bill of Rights Article that would guarantee workers the fundamental right to organize; to bargain collectively; and to negotiate wages, hours, and working conditions, and to promote their economic welfare and safety at work.
The amendment would also prohibit the Illinois legislature, governor, city councils, or county boards from passing laws or ordinances that interfere with employees’ right to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and workplace safety. This includes any law or ordinance that prohibits the execution of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment.
The amendment will prevent Illinois from ever becoming a right-to-work state under statute. The amendment does nothing to alter or modify an employee’s existing right to join a union and bargain collectively—this right is already firmly in place under state and federal labor law.
The amendment allows public unions to negotiate new issues at the bargaining table. This includes police, fire, and other public safety employees to bargain over the right to strike. The amendment also raises the question of whether a public employee can opt out of a union without the loss of their job. Will the U.S. Supreme Court’s Janus decision hold? This question will likely play out in court in the years ahead.
There is serious concern that the broadly worded language could allow labor unions to negotiate expanded benefits without limitation, regardless of the cost to taxpayers. Because the benefits would be constitutionally protected, labor leaders could theoretically demand benefits that conflict with state law.
Update on Unemployment Insurance Negotiations
On behalf of the Illinois Chamber, we have been at the table joined by other business groups negotiating with organized labor the Governor's office and the four legislative caucuses. We appear to be close to an agreement and will have details when we do reach an agreement. It is expected for the legislature to act on an agreement when it returns to Springfield the week following Thanksgiving.
There is some urgency to reach an agreement to allow the Illinois Department of Employment Security (IDES) adequate time to confirm conformity of our legislative changes with the USDOL and for IDES to prepare employer tax statements. Those statements likely will not hit employer mailboxes until shortly after the new year. Baked into the 2023 taxes will be the loss of a portion of our FUTA tax credit which means up to $21 per employee earning $7,000.
Raoul Files Charges Against Individual Alleging Unemployment Fraud
Illinois Attorney General Kwame Raoul has filed charges against a Cook County resident, alleging he filed for unemployment benefits using stolen identifying information.
Kaquanice Larry of Mt. Prospect was arraigned alongside Whitney Flowers of Flen Ellyn, on charges they obtained $75,000 in unemployment benefits using stolen identifying information. Raoul’s office also alleges Larry filed for, received, and had received full forgiveness for $40,000 in Paycheck Protection Program loans using a made-up company name.
“Thousands of struggling Illinois residents and small businesses were forced to rely on unemployment benefits and loans from the SBA during the height of the pandemic,” Raoul said. “Those who used the crisis to commit fraud and steal from the government also slowed the processing of legitimate claims. These charges are the result of months of tireless investigation by the Task Force on Unemployment Insurance Benefits Fraud and our partner agencies. I am committed to the continued work of the task force to ensure individuals are held accountable for their theft at a time when many Americans desperately needed help.”
“It’s appalling and disappointing the lengths to which individuals were willing to go to defraud the vital resources and funds meant for vulnerable workers who were displaced during the pandemic,” said Illinois Department of Employment Security Director Kristin Richards. “IDES is thankful to the Task Force on Unemployment Insurance Benefits Fraud for the tireless work they’ve done to position prosecutors to bring charges against these individuals.”
Mandated Leave Laws
Bereavement Leave: SB 3120, sponsored by Sen. Melinda Bush (D-Grayslake)/Rep. Anna Moeller (D-Elgin) was sent to the Governor on April 28th. The bill will expand the Child Bereavement Act to include family members. The proposal also will expand up to 10 workdays 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. PA102-1050
Employee Sick Leave Act- Amendment will Establish Act as Minimum for CBAs: SB 645 sponsored by Sen. Mike Hastings (D-Frankfort) and Rep. Jay Hoffman (D-Swansea) amends the Employee Sick Leave Act. As approved by both chambers, the measure will establish the Act as the minimum standard in a negotiated collective bargaining agreement. PA 102-817
One Day Rest in Seven Act Changes
SB 3146, sponsored by Sen. Celina Villanueva (D-Chicago)/Rep. Lakesia Collins (D-Chicago) increases civil penalties for violation of the law. 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. The bill also changes “calendar week” to “consecutive seven-day period”. An employee who works more than 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. PA 102-828
SB 3416, sponsored by Sen. Emil Jones, Jr. (D-Chicago) and Rep. Marcus Evans, Jr. (D-Chicago), as passed by both chambers provides that specified provisions of the One Day Rest in Seven Act do not apply to employees for whom work hours, days of work, and rest periods are established through the collective bargaining process. PA 102-1012
Other Employment Law Legislation
Child Labor: SB 3161 sponsored by Sen. Ram Villivalam (D-Chicago) and Rep. Michelle Mussman (D-Schaumburg) provides that minors under 16 years of age working as models, performers or other entertainment-related performances shall be permitted to work until 10 p.m. 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. A waiver request must be received by the Department at least 72 hours prior to the overnight hours to be worked. PA 102-832
Human Rights Act-Hair: SB 3616, sponsored by Sen. Mattie Hunter (D-Chicago) and Rep. Jehan Gordon-Booth) amends the Illinois Human Rights Act providing 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. PA 102-1102
