Senate Bills Advanced out of Committee
Today is the Senate deadline for Senate bills to advance out of a standing committee. However, we expect the typical extension of deadline being granted to many bills. Here is the run down on the key Senate bills that are now on the Senate floor.
SB2737: NON-COMPETE/NON-SOLICIT AGREEMENTS PROHIBITED FOR CERTAIN MENTAL HEALTH PROFESSIONALS (SEN. PAUL FARACI)
Amends the Illinois Freedom to Work Act. Provides any covenant not to compete or covenant not to solicit entered into after the effective date of the amendatory Act shall not be enforceable with respect to professionals licensed in this State who provide mental health services to veterans and first responders. Effective immediately. OPPOSED
SB 2770, as amended: CONSTRUCTION NON-COMPETE/NON-SOLICIT AGREEMENTS PROHIBITIONS (SEN. MICHAEL HASTINGS)
A covenant not to compete or a covenant not to solicit is void and illegal with respect to individuals employed in construction, regardless of whether an individual is covered by a collective bargaining agreement unless the construction employee primarily performs management, engineering or architectural, design, or sales functions for the employer or who are shareholders, partners, or owners in any capacity of the employer. NEUTRAL
Requires every employer, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect his or her pay stubs. Amends the Illinois Wage Payment and Collection Act to require employers to keep records of names and addresses of all employees and of wages paid each payday, and furnish each employee with a pay stub for each pay period (rather than shall furnish each employee with an itemized statement of deductions made from the employee's wages for each pay period). Requires an employer to maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form, and the employer must furnish the pay stub to the employee or former employee upon the employee or former employee's request. An employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. An employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor. Defines "pay stub". OPPOSED We are joining with other business groups and working with IDOL on an amendment that addresses our concerns.
SB 3558 EXEMPTS UNION CONTRCTORS FROM NEW TRANSPORTATION BENEFIT MANDATE (SEN. RAM VILLIVALAM)
Exempts any covered employee working in the construction industry who is covered by a bona fide collective bargaining agreement from the Transportation Benefits Program Act. Defines "construction industry". OPPOSED, we suggested an amendment to the sponsor that includes all construction employers not just unionized ones.
SB 3649 EMPLOYEE FREEDOM OF SPEECH (SEN. ROBERT PETERS)
An employer or the employer's agent, representative, or designee may not discharge, discipline, or otherwise penalize, threaten to discharge, discipline, or otherwise penalize, or take any adverse employment action against an employee: (1) because the employee declines to attend or participate in an employer-sponsored meeting or declines to receive or listen to communications from the employer or the agent, representative, or designee of the employer if the meeting or communication is to communicate the opinion of the employer about religious or political matters; (2) as a means of inducing an employee to attend or participate in meetings or receive or listen to communications; or (3) because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of the Act. Provides for a private right of action to enforce the provisions of the Act. Sets forth the duties and powers of the Department of Labor under the Act. Provides that, within 30 days after the effective date of the Act, an employer shall post and keep posted a notice of employee rights under the Act where employee notices are customarily placed. OPPOSED, this is an effort by union leaders to prevent employers to provide their viewpoints on the issue of their employees organizing a union. This is preempted by the National Labor Relations Act and the US Constitution.
If an applicant seeks a work assignment as a day or temporary laborer with a day and temporary labor service agency, including in-person, online or through an app-based system, and is not placed with a third party client or otherwise contracted to work for that day by the day and temporary labor service agency, the day and temporary labor service agency shall provide the applicant with a confirmation that the applicant sought work that satisfies specified criteria. Sets forth compensation requirements for day or temporary laborers based on directly hired comparative employees of a third party. Provides that it shall be the responsibility and duty of a day and temporary labor service agency to calculate and determine the hourly rate of pay and the benefits it shall offer to a day or temporary laborer, including any cash equivalents. Makes changes in provisions concerning the right to refuse assignments due to a labor dispute and the duties of third party clients. OPPOSED, the amendment fails to adequately resolve the two primary, critical problems for employers: being required to monetize benefits and the broad definition of “labor dispute” to include “any controversy concerning wages, hours, terms, or conditions of employment”.
House Bills Advanced out of Committee
EMPLOYEE (REP. JAY HOFFMAN)
Amends the Employee Blood and Organ Donation Leave Act. Provides that an employee or part-time employee (rather than an employee) may use up to 10 days of leave in any 12-month period to serve as an organ donor. NEUTRAL
HB 4914: PAY SCALE JOB INFORMATION (REP. DANIEL DIDIECH)
Adds to the requirement that employers provide benefit information when advertising for employment opportunities to include family and medical leave benefits and parental leave benefits. NEUTRAL
HB 5561: EXPANDS LIABILITY UNDER THE WHISTLEBLOWER ACT (REP. MARCUS EVANS)
Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. OPPOSED, we are continuing to negotiate with the Attorney General’s office and appear to be close to an agreement that will move us to neutral.
Bills Pending in Committee
The House deadline for committee advancement of bills in committee is April 5th.
Whistleblower Liability Expansions
HB 5071 WORK WITHOUT FEAR ACT (REP. LILIAN JIMÉNEZ)
Referred to House Judiciary-Civil OPPOSED
SB 3464 WORK WITHOUT FEAR ACT (SEN. ROBERT PETERS
Referred to Senate Executive OPPOSED
HB5170 WHISTLEBLOWER ACT-VARIOUS (REP. ABDELNASSER RASHID)
Referred to House Judiciary-Civil OPPOSED
SB 3468 WHISTLEBLOWER ACT-VARIOUS (SEN. RAM VILLIVALAM)
Referred to Senate Executive OPPOSED
SB 3509 WHISTLEBLOWER ACT (SEN. CRISTINA CASTRO)
Referred to Senate Executive OPPOSED
New Law to Limit Employer Meetings with Employees
HB 5572 EMPLOYEE FREEDOM OF SPEECH ACT (REP. MARCUS EVANS)
Referred to House Labor OPPOSED
Employment Discrimination
SB 3664 HUMAN RIGHTS-PROCEDURAL CHANGES (SEN. LAURA FINE)
Referred to Senate Assignments NEUTRAL
HB 3773: LIMIT PREDICTIVE ANALYTICS USE (REP. JAIME ANDRADE, JR.)
Referred to House Labor
HB 4821: ALLOWS TO BYPASS DEPT. OF HUMAN RIGHTS (REP. CURTIS TARVER II)
Referred to House Judiciary-Civil OPPOSED
HB 4867: ADDS REPRODUCTIVE HEALTH DECISIONS AS PROTECTED CLASS (REP.ANNA MOELLER)
Referred to House Human Services
SB 3310: EXTENDS THE DATE TO FILE A CHARGE FROM 300 CALENDAR TO 3 YEARS. ADDS PUNITIVE DAMAGES (SEN. MIKE SIMMONS)
Referred to Senate Judiciary OPPOSED
SB3674: EXEMPTS EMPLOYMENT ACTION FROM THE CIVIL RIGHTS RESTORATION ACT (Sen. Napoleon Harris III)
Referred to Senate Judiciary SUPPORT, Illinois Chamber initiative
SB 3735: EXPANDS PERSONNEL RECORDS REVIEW ACT (SEN. RAM VILLIVALAM)
Referred to Senate Judiciary OPPOSED
Non-Compete/Non-Solicit Limits
HB 4888: VOIDS AGREEMENT IF IT RESTRICTS EMLOYEE FEDERAL RIGHTS (REP. DAVE VELLA)
Referred to House Labor OPPOSED
Other Employment Law Issues
HB 3763 EXPANDS PRESONNEL RECORD REVIEW ACT (REP. WILL GUZZARDI)
Referred to House Labor OPPOSED
HB 4128 VETERANS DAY-PAID LEAVE (REP. KEVIN SCHMIDT)
Referred to Revenue Income Tax Subcommittee
HB4445: VESSA-EMPLOYEE ACCESS TO EMPLOYER MONITORING (REP. DANIEL DIDECH)
Referred to House Labor OPPOSED
Referred to House Labor OPPOSED
HB 4825: WAREHOUSE WORKER PROTECT ACT (REP. KEVIN OLICKAL)
Referred to House Labor OPPOSED
HB 5294: PAID LEAVE FOR NEONATAL INTENSIVE CARE (REP. LAURA FAVER)
Referred to House Labor OPPOSED
HB 5300: WAGE PAYMENT PAY STUBS (REP. DAGMARA AVELAR)
Referred to House Labor OPPOSED
HB 5477 AMENDS THE UNIFORM ARBITRATION ACT (REP. MARCUS EVANS)
2/9/2024 - Referred to House Judiciary-Civil
SB 1908: WAREHOUSE WORKER PROTECT ACT (SEN. CELINA VILLANUEVA)
Referred to Senate Executive OPPOSED
SB 2321 RIGHT TO PRIVACY-DRUG TEST (SEN. ROBERT PETERS)
Referred to Senate Executive Subcommittee on Cannabis OPPOSED
SB 2939: ONE DAY OF REST (SEN. CRISTINA CASTRO)
Referred to Senate Labor OPPOSED
SAVE THE DATE
Chamber Day 2024: Wednesday, April 10, 2024 from 9:30 AM to 1:00 PM CDT at the President Abraham Lincoln A Double Tree by Hilton, 701 East Adams Street, Springfield.
Guest speakers: Senate President Don Harmon; Senate GOP Leader John Curran; House Speaker Chris Welch; House GOP Leader Tony McCombie
