Aaron Harris | Executive Director, Employment Law Council | 312-596-5899
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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.
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Both the Illinois Senate and House will be reconvening on Tuesday with the focus of moving bills from the other chamber out of committee to their respective second chamber floor for consideration. A number of House bills will be heard in the Senate Labor Committee which meets Wednesday at 10 AM. The Committee deadline is this coming Friday, March 25th. Whether there will be an adherence to the deadline remains an open question. The General Assembly is scheduled to adjourn on April 8th.
While the budget in recent years has been problematic for lawmakers to adjourn by their scheduled date of adjournment, the budget surplus from the infusion of federal funds and the recently projected increase of $1 billion in revenue due to higher gasoline prices you would think make this an easier year. However, election year proposals to provide one-year tax breaks and other ways to expand state spending is causing some consternation. Also, employers face a $4.5 billion deficit in the Unemployment Insurance Trust Fund that also must be dealt with. (See more comments on UI below.)
What may discourage legislators to return to Springfield after April 8th, is the June 28th primary election. Many incumbent legislators of both parties face competitive races in newly configured districts in a very unstable political climate. Challenges to nominating petitions still may occur. As of this writing 5 Senate Democrat incumbents (not including Senators Munoz and Landek who likely will be withdrawing from the 2022 elections) and 3 incumbent Republican Senators face primaries. A total 15 Senate districts of the 59 has a primary. For the House, of 118 districts 16 Democrat incumbents have primaries and 8 Republican incumbents have primary challenges. A total of 44 districts has a primary in one of the parties.
Unemployment Insurance Negotiations Continue…significant potential UI tax increases on the line
SB 2803, sponsored by Sen. Linda Holmes (D-Aurora) passed out of the Senate on a vote of 33-15-0. This bill appropriates $2 billion from the State Coronavirus Urgent Remediation Emergency Fund to the Department of Employment Security for payment to the Illinois Unemployment Insurance Trust Fund for partial repayment of Title XII advances, including prior year cost. The UI Trust Fund Balance that needs to be addressed is a $4.5 billion deficit. This bill is a vehicle/placeholder for further negotiation as the agreed bill process is ongoing. Negotiators were advised that there are only a few weeks to meet a key federal, April 1 deadline. Rep. Greg Harris (D-Chicago) the House sponsor has advanced the bill out of House Executive Committee and the bill is on Second Reading in the House.
Key Employment Law Measures Pending in the Senate
Employer Limits on Testing for Cannabis: HB 4116, sponsored by Rep. Bob Morgan (D-Highwood)/Sen. Robert Peters (D-Chicago) seeks to protect workers who test positive for THC. Several amendments were adopted in the House that provide employers to generally continue their workplace drug policies. However, employers the changes in HB 4116 will impact employers with zero tolerance policies. The measure remains in the Senate Committee on Assignments so it would appear that the issue is being held up in the short term. We recommend your review of the engrossed version of the bill and advising us as to its impact on your drug testing policy. One issue that some employers have raised concerns about is the inadequacy of the definition of “safety sensitive positions”. We have been talking with the National Safety Council and others about what is a stronger definition. The Chamber is neutral. Engrossed version.
Expanding Liability to Employers for Gender and Domestic Violence: Rep. Will Guzzardi (D-Chicago)/Sen. Karina Villa (D-West Chicago) are sponsors of HB 4850 which amends the Gender Violence Act to clearly bring civil liability to employers for actions of an employee or agent of an employee. The sponsors are addressing the 2019 Illinois 2nd Appellate Court decision in Gasic v. Marquette Management. As approved by the House, HB 4850 is opposed by the Chamber. At this time this bill also remains in the Senate Committee on Assignments. Attached is an amendment that the Chamber has been working on with the bill sponsors. Engrossed version.
Shifting Unpaid Wage Liability: HB5412, sponsored by Rep. Marcus Evans (D-Chicago) and Senate President Don Harmon (D-Oak Park), under the Illinois Wage Payment and Collection Act shifts liability for unpaid wages by a lower tiered contractor to the primary/general contractor. This measure is posted for the Senate Executive Committee which meets at 2:00 PM on Wednesday.
Extended Child Bereavement Act: HB 4215, sponsored by Rep. Maurice West (D-Rockford) and Sen. Cristina Castro (D-Elgin) creates the Child Extended Bereavement Leave Act. HB 4215 provides
- an employee of a large employer is entitled to use a maximum of 12 (rather than 26) weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide
- an employee of a small employer is entitled to use a maximum of 6 (rather than 12) weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide
- leave may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be completed within one year after the employee notifies the employer of the loss
- the Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993 or under any other paid or unpaid leave provided under federal, State, or local law, a collective bargaining agreement, or an employment benefits program or plan.
The bill has been assigned to the Senate Labor Committee but is not posted for hearing. The Chamber is neutral. Engrossed version.
Human Rights Act-Limits on Predictive Analytics: HB 1811 sponsored by Rep. Jaime Andrade, Jr. (D-Chicago) and Sen. Bill Cunningham (D-Chicago) amends the Illinois Human Rights Act to allow the use of predictive data analytics to support the inclusion of diverse candidates in making employment decisions. This measure remains in Senate Assignments.
Federal Preemption of Certain Illinois Labor Acts: HB 5187 sponsored by Rep. Will Davis (D-Hazel Crest) and Sen. Chapin Rose (R-Mahomet) provides that the following Acts are inoperative until and unless certain federal occupational safety and health standards cease to be in effect.
Employee Washroom Act
Work Under Compressed Air Act
Underground Sewer Employee Safety Act, and
Toxic Substances Disclosure to Employees Act.
The bill has been sent to the Senate State Government Committee and is scheduled for hearing on Wednesday at 2:00 PM. The Chamber supports. Engrossed version.
Workers’ Compensation: HB 1208, sponsored by Rep. Jay Hoffman (D-Swansea) and Sen. Bill Cunningham (D-Chicago), replaces language regarding the qualifications of Commissioners of the Illinois Workers' Compensation Commission with language requiring each Commissioner appointed on or after the effective date of the amendatory Act to be authorized to practice law in this State. Provides that the performance of arbitrators shall be reviewed by the Chairman every other year, or more often at the discretion of the Chairman (rather than on an annual basis). Provides that no arbitrator shall hear cases in any county, other than Cook County, for more than 4 years consecutively (rather than 2 years in each 3-year term). Provides for the dissolution of the Self-Insurers Administration Fund and for the transfer of the moneys in that fund to the Self-Insurers Security Fund. Authorizes expenditures from the Self-Insurers Security Fund for the purposes that were authorized for the Self-Insurers Administration Fund. Effective immediately. The bill is scheduled for the Senate Labor Committee being held Wednesday, March 23rd at 10:00AM. The Chamber supports the bill. Engrossed version.
Key Employment Law Measures Pending in the House
Sick Leave Act- Amendments 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 amended in the House, the measure will establish the Act as the minimum standard in a negotiated collective bargaining agreement. The bill was approved on a 18-8 vote of the House Labor Committee and is on Second Reading. See House amendment 2. The Chamber is opposed.
Bereavement Leave: SB 3120, sponsored by Sen. Melinda Bush (D-Grayslake)/Rep. Anna Moeller (D-Elgin) 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. The measure was advanced by the House Labor Committee to the House floor. The Chamber is neutral. Engrossed version.
One Day Rest in Seven Act Penalties: 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. The measure was advanced by the House Labor Committee to the House floor. The Chamber is neutral. SB 3146 engrossed.
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. The measure was advanced by the House Labor Committee to the House floor. The Chamber is neutral. Engrossed version.
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. Status: House Immigration Committee and posted for hearing on Wednesday at 2:00 pm. The Chamber is neutral. Engrossed version.
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Workers' Compensation Conference
November 2, 2022
Doubletree Hilton - Lisle, IL
New Laws Form
December 6, 2022
Doubletree Hilton - Lisle, IL
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