Governor Acts on Employment Law Legislation
With the signing of HB 3129 earlier this week, all of the employment law legislation passed by the General Assembly during the 2023 Spring Session has been acted upon by Governor Pritzker.
Of the 25 employment law bills sent to him, 24 have become law and 1 was vetoed. To get the full list of measures, their effective dates and links to the public acts, CLICK HERE
The House and Senate return for the 2023 fall veto session scheduled for October 24th-26th and November 7th-9th. View the calendar here.
IDOL Issues Emergency Rule to Implement HB 2862, Day Labor Services
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.
In response to the Governor's signing of HB 2862 into law as PA 103-437, the Illinois Department of Labor (IDOL) has issued emergency rules. The new law and regulation are effective August 4, 2023.
The emergency 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.
CLICK HERE to view a copy of the emergency rule. The Illinois Chamber will be providing comments on the proposed rule that eventually will be replacing the emergency rule. If you have comments that you would like the Chamber to include, please contact us.
Are Workers’ Comp IME’s Subject to PA 103-388?
The enactment of SB 1748 is raising questions as to its applicability to workers’ compensation. The legislation added to Section 2-1003 of the Code of Civil Procedure (735 ILCS 5/2-1003) allowing a “plaintiff” to designate an additional person to be present and video record a physical or mental examination. This section already allows a plaintiff to have his or her attorney present at such examination.
We have contacted the Workers’ Compensation Commission to get their take. Their initial response is that they are reviewing the issue with petitioner and defense attorneys and will get back to us.
Secure Choice (State Mandated Retirement Program) Expansion Update
Per State law, employers with 5 or more Illinois employees that have been in business for at least 2 years and that don’t offer a tax-qualified retirement plan are required to register for and facilitate Illinois Secure Choice or adopt their own qualified retirement plan.
Through Illinois Secure Choice, Illinois workers can save for retirement through Individual Retirement Accounts (IRAs) funded by payroll deductions. The program is facilitated by the State of Illinois and administered by a professional financial services firm. Employers do not pay any fees, make contributions, or have any fiduciary responsibility. However, they are required to facilitate employee payroll deductions and keep their employee rosters current.
The registration/exemption deadline for businesses that had an average of 5-15 Illinois employees in 2022 is November 1, 2023. Businesses in this enrollment group will receive correspondence directly from Illinois Secure Choice via mailed letters, and in some cases, emails as well, starting this summer. Correspondence will outline next steps.
In the meantime, business owners can learn more about the program and access resources by:
If you have any questions, please contact Christine Cheng, Director of Illinois Secure Choice, at ccheng@illinoistreasurer.gov or (312) 515-7566.
Annual Meeting and Reception Sponsorship
The Illinois Chamber is now seeking sponsors for our 2023 annual luncheon! The 2023 annual luncheon and pre-event reception will be held on September 28 at the Doubletree Hotel in Oak Brook. We are seeking sponsors for the reception preceding the event as well as the meeting itself.
Please see the attached document for reception sponsorship information as well as a tentative agenda. The annual meeting is our biggest event of the year and we look forward to seeing you there.
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
Illinois Chamber Membership Survey: Your Participation Requested
Membership in the state's largest advocacy group is an instrumental method to unite the voice of Illinois business leaders. We are pleased with the work we have done and continue to do on behalf of our members and all businesses across the state.
Please take a brief survey sharing your experiences as a member of the Illinois Chamber as we seek to continuously improve our product and better advocate for you!
Click HERE to participate in the survey
Upcoming Chamber Webinar
Title: Illinois Sales Tax: Exemptions and Incentives
Date/Time: August 31, 2023 | 1:30 pm – 2:30 pm
Description: We will provide practical advice for claiming and documenting sales tax exemptions; including a discussion of exemptions and documentation requirements for sellers and purchasers.
Plan to join Keith Staats, Executive Director of Illinois Chamber's Tax Institute for this presentation!
