General Assembly Returns for Veto Session
The General Assembly returns to Springfield this Tuesday, Wednesday and Thursday for its first week of the Veto Session. There are a couple of measures that we are working on this fall.
E-Verify Limits: SB 508 has amendment 2 filed in the Senate. This amendment follows up the veto of SB 1515 by Gov. Pritzker due to serious drafting errors that put the legislation in direct conflict with the federal E-Verify law. We are reviewing the legislation to determine its impact on Illinois employers. The amendment seeks to amend the Right to Privacy in the Workplace Act placing limits and penalties on employers. Unless otherwise required by State or federal law, an Illinois employer is prohibited from voluntarily enrolling in the E-Verify program or a similar Electronic Employment Verification System. Prohibits an Illinois employer from imposing work authorization verification or re-verification requirements greater than those required by federal law.
If an employer is required to participate in the E-Verify program or a similar Electronic Employment Verification System and receives notification from the Social Security Administration of a discrepancy between an employee's name or social security number and the Social Security Administration's records, the employer is required to provide the employee with specified documents. Provides for additional rights and protections granted to an employee following the notification from the Social Security Administration of a discrepancy.
An employer is required to provide notice to current employees, by posting in the language the employer normally uses to communicate employment-related information to the employee, of any inspections of I-9 Employment Eligibility Verification forms or other employment records conducted by the U.S. Immigration and Customs Enforcement, United States Customs and Border Protection, or any other federal entity enforcing civil immigration violations within 72 hours after receiving notice of the inspection. Provides for additional notice requirements concerning obligations of the employer and the employee.
An employer who fails to provide the notices required by this Section or any other violation of this Act shall be subject to a civil penalty of a minimum of $2,000 up to a maximum of $5,000 for a first violation and a civil penalty of a minimum of $5,000 up to a maximum of $10,000 for each subsequent violation.
The amendment is sponsored by Sen. Javier L. Cervantes (D-Chicago).
Paid Leave for All Workers Act: Senate Majority Leader Kimberly Lightford (D-Chicago) has introduced SB 2613 to define the term "park district" to have the same meaning as defined in the Park District Code and also includes any party to a joint agreement between a park district and an entity to act jointly for the purposes of providing for the establishment, maintenance, and management of joint recreational programs for persons with disabilities, to the extent that the party is acting within the scope of that joint agreement. The bill has been sent to the Senate Assignments Committee.
Also, the 10th Annual New Employment Laws Forum being held December 5th in Lisle. The day long Forum focuses on the new employment laws and legal developments that will affect ALL Illinois employers in 2024 and beyond. The forum features Illinois attorneys and experts speaking about Illinois laws – as well as representatives from government agencies talking about the latest changes and your peers, a panel of Senior HR professionals discussing how the laws have and will affect their businesses. It's already been a busy year, and more regulation is coming. For more and information and to register: 10th Annual Illinois Chamber of Commerce New Laws Forum (ilchamber.org)
The General Assembly will wrap up the Veto session November 7-9.
ELC Submits Comments on IDOL Rule for Day Labor Law Changes
Earlier this month, the Illinois Chamber’s Employment Law Council submitted comments on the Illinois Department of Labor’s (IDOL) proposed rule that eventually will be replacing the emergency rule regarding day and temporary labor.
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. 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.
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.
The Council’s comments 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 needed to be more focused on specific worker responsibilities and exposures
- other overly broad requirements and definitions that employers would be subject to.
CLICK HERE to view a copy of the pending rule. Contact Aaron Harris for a copy of the ELC comments.
The Council’s lobbying team from Michael Best Strategies is working with a coalition of businesses to seek legislative changes to the law.
The Employment Law Council’s WC Conference a Tremendous Success
For many years both the Illinois Chamber and the Illinois Self Insurers Association separately provided an annual workers’ compensation conference. On October 17th, both organizations jointly hosted an annual one-day conference at the Hilton Double Tree in Lisle Illinois.
The luncheon speaker, former Chicago Bear Mike Singletary, focused his remarks on leadership and what it takes. We also had an update from Illinois Workers’ Compensation Commission Chairman Michael Brennan. Attendees heard presentations from:
- ELC staff and attorneys from Nyhan, Bambrick, Kinzie & Lowry on legislative and legal updates.
- Mark Walls from Safety National on Workers Compensation Costs: What is Really Happening
- Denise Greathouse of Michael Best & Friedrich, LLP on Avoiding the Pitfalls of the Interaction of OSHA, FMLA and the ADA with WC
Attendees had an opportunity to pick from 7 different workshops:
- John Campbell and Shawn Biery, Keefe Campbell Biery & Assoc. Topic: Guerilla Claims Handling Tactics for Insured Employers
- Kathy Fisher, Workers’ Comp Research Institute Topic: Selected Findings From Recent WCRI Research
- Norm Burdick, Nyhan, Bambrick, Kinzie & Lowry, P.C. Topic: Illinois Workers’ Compensation Fraud Law and Practice
- Megan Nelson, Gallagher Bassett Services and Jamie Glanz, Marsh McLennan Agency Topic: The Impact of AI (Artificial Intelligence) on Claims Management
- AJ Sheehan and Josh Lawson, MVP Law Topic: McAllister: A Closer Look at the Supreme Court’s 2020 Decision & Its Impact
- Sue Baxter-Pflederer RN, CCM, Triune Health Group Topic: Dialing Down Costs: The Impact of Telephonic Nurse Triage in Workers' Comp
- Tom Stanley, M.D., OrthoIllinois Topic: Determining the Source of Pain: Neck Vs. Shoulder
The day concluded with an excellent roundtable discussion on How is Obesity Driving Cost & Risk with Panelists Christopher Gibbons, Nyhan, Bambrick, Kinzie & Lowry, P.C., Risk Management – Marci Rodriguez, UPS and Medical Account Director – Specialty Employers, Parin Chikani, Pharm.D., MBA, NovoNordis
Many thanks to our Conference Sponsors and Exhibitors for helping make the event a success. You will not want to miss next fall’s conference.
