Aaron Harris | Executive Director, Employment Law Council | 312-596-5899
|
|
|
|
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.
|
|
Spring Break Update
The General Assembly wrapped up the first half of the Spring Session last week and will be taking a two week leave from Springfield returning April 18th. Both chambers will now consider legislation that has been approved by the first chamber. This 2-week period brings opportunities to negotiate changes to legislation. Your Employment Law Council lobbying team will be seeking changes to several bills as we attempt to mitigate legislation that we do not see as balanced for employers. Below are what issues remaining alive as the General Assembly works towards a May 19 adjournment. The next important deadline of April 28th is for committee action on legislation approved by the first chamber.
If you have any thoughts, concerns or comments on the legislation below that could help us in our negotiations, please contact me.
Employment Law
Illinois Work Without Fear Act (SB 504 Senate amendment 1/HB 361, House amendment 1): Provides that it is unlawful for any person to engage in, or to direct another person to engage in, retaliation against any person or their family member or household member for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under State employment laws or by any local employment ordinance. “Retaliation” is broadly defined. 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 has violated the Act. Allows any person to make a complaint or prosecute his or her own claim for damages caused by retaliation. Remedies: (1) back pay, with interest, and front pay, or, in lieu of actual damages, liquidated damages of $30,000; (2) a civil penalty in an amount of $10,000; (3) reasonable attorney's fees and court costs; and (4) equitable relief as the court may deem appropriate and just. A person that violates any provision of the Act shall be subject to an additional civil penalty in an amount of $25,000 for each violation, or $50,000 for each repeat violation within a 5-year period. This is an initiative of the Attorney General and immigration advocates such as Raise the Floor Alliance. While neither bill advanced out of committee, it appears that SB 504 which has a deadline extension of April 28 will be the legislation advancing. We have joined other business groups in opposing this measure. One meeting has been held between stakeholders and a draft amendment that addresses some of our concerns has been circulated by the Attorney General's office. If you would like to review the current draft amendment, please contact me. Also, after you review the proposal, you will understand why some might call it the "Employ with Fear Act".
Pay Scale & Benefits Required for Job Postings (HB 3129, House amendment 1/SB 2038): Amends the Equal Pay Act of 2003 making it is unlawful for an employer with 15 or more employees to fail to include the pay scale for a position in any job posting. Defines “pay scale and benefits” as wage or salary, or the wage or salary range, and a general description of the benefits and other compensation the employer reasonably expects to offer for the position. If an employer with 15 or more employees engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale to the third party and the third party shall include the pay scale in the job posting. An employer shall be liable for a third party's failure to include the pay scale and benefits in a job posting. An employer shall announce, post, or otherwise make known all opportunities for promotion to all current employees no later than the same calendar day that the employer makes an external job posting for the position. An employer shall make and preserve records that document the pay scale and benefits for a position. The Department of Labor may initiate investigations of alleged violations of provisions concerning disclosing a pay scale in job postings. If the Department determines that a violation occurred, the employer shall have 7 days upon receipt of notice of a violation from the Department to remedy the violation. The employer shall demonstrate to the Department that the violation has been remedied or the employer shall be subject to a civil penalty of $100 per day for each day that a violation continues after the 7-day notice period. Effective January 1, 2024. This is a "Me Too" initiative that has been approved in 7 states and several local governments across the country in recent years. Several of these laws require only to disclose if an applicant or employee requests the information. Others also provide protections for employers that the Illinois proposal does not. The Illinois Chamber along with other business groups oppose the measure and will be meeting with the House and Senate sponsor later this week. HB 3129 passed the House 60-37 on a verified roll call. See how your state representative voted.
Mandated Safety Committee (HB 3131): Creates the Workplace Safety Committees Act. Requires private employers of at least 30 employees to establish a safety committee at each of the employer's primary places of employment. Establishes requirements for composition of committees and meetings, records, reporting, and training. Provides for the duties of committees relating to hazard assessment and control, safety and health planning, development of procedures for accident investigations, and other specified matters. The safety committee shall assist the employer in providing information, instruction, training, and supervision as is necessary to ensure the health and safety of employees at work and individuals affected by their activities. Grants specific duties to the safety committee when a public health emergency is declared by the Governor. Allows the Department of Labor to levy a civil penalty upon an employer that violates the Act as established by rule. This measure did not advance out of the House prior to the deadline and has been referred back to the House Rules Committee. However, we believe the sponsor will be making an attempt to resurrect the legislation before adjournment. We oppose this "one size fits all" mandate that places authority into a committee independent of ownership/management.
Employer Liability for Gender Violence (HB 1363, as amended/SB 243) Amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. An employer is only liable for gender-related violence committed in the workplace by an employee or agent of the employer. Liability only extends to gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while an agent of the employer was directly involved in the performance of the contracted work and the contracted work was the proximate cause of the injury. An employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, then within 4 years after the person reaches the age of 18. A carry-over issue from last year that the Illinois Chamber was able to negotiate significant changes to. With those changes, we are neutral. The legislation after a 71-38 vote now is in the Senate.
Freelance Worker/Independent Contractors: (HB 1122) Creates the Freelance Worker Protection Act. The definition of "freelance worker" does not include an individual performing construction services. Except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount on or before the date the compensation is due under the terms of the contract. Once a freelance worker has commenced preparation of the product or performance of the services under the contract, a contracting entity shall not require as a condition of timely payment that the freelance worker accept less compensation than the amount of the contracted compensation. Requires written contracts for services or products provided by a freelance worker. Sets forth the information such written contracts must include. Provides that a contracting entity must retain its contract with a freelance worker for no less than 2 years and must make the contract available to the Department of Labor (IDOL) upon request. Requires IDOL to make model contracts available on its website for use by the general public at no cost. Prohibits a contracting entity from taking any action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under the Act. Authorizes the Attorney General to initiate or intervene in a civil action if the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern and practice prohibited under the Act. Effective July 1, 2024. The Chamber worked with the House sponsor and with amendments requested by us, the Illinois Chamber was neutral. The legislation after a 68-38 vote now moves to the Senate.
Warehouse Worker Protection Act (HB 2547/SB 1908) Requires an employer to provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. An employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act and a private right of action. Sets forth provisions concerning definitions, employee's right to request records, enforcement, and severability. Effective January 1, 2024. HB 2547 passed the House 69-37 over the business communities opposition.
Employee E-Verify Rights (SB 1515): Amends the Right to Privacy in the Workplace. If an employer 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 and the employer takes any adverse action against the employee, an employer must provide the employee with specified information or grant the employee no less than 30 days of unpaid leave to correct any verification discrepancy. Provides for additional rights and protections granted to an employee following the notification from the Social Security Administration of a discrepancy. The Illinois Chamber is neutral on this measure which passed the Senate 44-9.
Day & Temporary Labor Restrictions (HB 1604/SB 281) Amends the Day and Temporary Labor Services Act requiring a day and temporary labor service agency to provide an application receipt to applicants who seek a work assignment. A day or temporary laborer has the right to refuse an assignment to a place where a strike, a lockout, or other labor trouble exists. A day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work. Provides for a right of action by interested parties for civil penalties against day and temporary labor service agency. Provides for protections against abusive contracts. Makes changes in provisions concerning recordkeeping; wage payment and notices; work restrictions; registration; violations; enforcement; penalties; third party clients; retaliation; and private rights of action. Effective July 1, 2023. Neither of these bills advanced out of their respective chamber prior to the deadline. As amended, the Illinois Chamber was neutral on SB 281. We anticipate that we will see this legislation moving later this session.
NE Illinois Transportation Benefit Mandate (HB 2068): Creates the Transportation Benefits Program Act. Requires employers of 50 or more employees in specified geographic areas at an address that is located within one mile of regularly scheduled transit service to provide a program that allows a covered employee to use pre-tax dollars for the purchase of a transit pass or qualified parking, via payroll deduction, such that the costs for such purchases may be excluded from the employee's taxable wages and compensation up to the maximum amount permitted by federal tax law. All transit agencies shall market the existence of this program and the Act to their riders in order to inform affected employees and their employers. The Regional Transportation Authority shall make publicly available a searchable database of addresses that are located within one mile of regularly scheduled transit service. Nothing in the Act shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers or affect the validity or change the terms of bona fide collective bargaining agreements in force on the effective date of the Act. Defines terms. Effective January 1, 2024. This Illinois Chamber measure was not called for a vote in the House and was returned to the House Rules Committee.
Child Extended Bereavement Leave (SB 2034, as amended): Creates the Child Extended Bereavement Leave Act. An employee of a large employer that employs 250 or more full-time employees is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. An employee of a small employer that employs at least 50 but fewer than 250 full-time employees is entitled to use a maximum of 6 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. Permits an employer to require reasonable advance notice of the employee's intention to leave and reasonable documentation. An employee who takes leave under the Act is entitled to be restored to the position of employment held by the employee when the leave commenced or to be restored to an equivalent position. Nothing in the Act shall be construed to entitle any restored employee the accrual of any seniority or employment benefits during any period of leave. 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. Prohibits an employer from taking any adverse action against an employee who exercises his or her rights under the Act. A person who uses leave under either the Child Bereavement Leave Act or the Child Extended Bereavement Leave Act may not take leave under the other Act. This was a carry-over issue from 2022. The Senate sent the legislation to the House on a 44-6 vote. The Illinois Chamber was neutral.
Organ Donation Leave (HB 3516, as amended) Changes the name of the Employee Blood Donation Leave Act to the Employee Blood and Organ Donation Leave Act. An employee may use up to 10 days of leave in any 12-month period to serve as an organ donor and up to 5 days of leave in any 12-month period to serve as a bone marrow donor. Applies to employers with more than 50 employees. The House approved the bill 71-28-2. The Illinois Chamber was neutral.
Human Rights Act Procedural Changes (HB 3135, as amended): Amends the Illinois Human Rights Act. After filing a complaint under the Employment Article, Financial Credit Article, Public Accommodations Article, Elementary, Secondary, and Higher Education Article, or Additional Civil Rights Violations Article, the Department of Human Rights may petition and shall be permitted to intervene as a party in the proceeding if the Human Rights Commission determines that: the Department has an interest different from one or more of the parties; the expertise of the Department makes it better suited to articulate a particular point of view; or the representation of the Department's interest by existing parties is or may be inadequate and the Department will or may be bound by an order or judgment in the action. If the Department certifies that the case is of general public importance, the Attorney General may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court. Requires, in various situations, a complainant to notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed in circuit court. Requires a complainant who chooses to file a complaint with the Commission without the Department's assistance to notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the Commission. A petition for temporary relief shall contain a certification by the Director of the Department that the particular matter warrants temporary relief (rather than that the matter presents exceptional circumstances in which irreparable injury will result from a civil rights violation in the absence of temporary relief). The filing of a petition for temporary relief does not affect the initiation or continuation of other specified administrative proceedings. Removes language providing that when a petition for temporary relief is based upon a civil rights violation, the relief or restraining order shall not exceed 5 days. The proceedings on requests for review shall toll the time limitation from the date on which the Department's notice of dismissal or default is issued until 30 days after (rather than issued to) the date on which the Human Rights Commission's order is served on the chief legal counsel of the Department (rather than when the order is entered). The measure passed the House 108-0. The Illinois Chamber was neutral.
Workers' Compensation
License Revocation for Failure to Have WC Coverage (HB 2145, as amended) Amends the Civil Administrative Code of Illinois (Department of Professional Regulation Law). The Department of Financial and Professional Regulation (IDFPR) shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Workers' Compensation Commission or the Department of Insurance to have failed to secure workers' compensation obligations in the manner required by the Workers' Compensation Act, to pay in full a fine or penalty imposed due to a failure to secure workers' compensation obligations in the manner required by the Workers' Compensation Act, or to fulfill all obligations assumed pursuant to a settlement reached with the Workers' Compensation Commission or the Department of Insurance relating to a failure to secure workers' compensation obligations in the manner required by the Workers' Compensation Act. No initial or renewal license shall be issued, and no suspended license shall be reinstated, until the IDFPR is notified by the Workers' Compensation Commission or the Department of Insurance that the licensee's or applicant's failure to comply with the Workers' Compensation Act has been corrected or otherwise resolved to the satisfaction of the Workers' Compensation Commission or the Department of Insurance. An application to make disciplinary records confidential shall also be considered by the Department for an offense or action relating to: failure to comply with workers' compensation requirements or reprimand of a licensee. Makes corresponding changes to the Asbestos Abatement Act, the Lead Poisoning Prevention Act, and the Illinois Plumbing License Law. In various provisions concerning licensing, provides that no license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Workers' Compensation Commission or the Department of Insurance. The Chamber supports the measure following an amendment to clarify due process protections for an employer. The bill passed the House 103-0.
"Illness" Definition Change (SB 214, as amended) Defines "illness" to mean any illness, disease, or condition the presence of which in a community results in the declaration of a disaster or emergency by a State, county, or municipal official. Defines "eligible employee" to mean any full-time law enforcement officer or full-time firefighter, including a full-time paramedic or a firefighter who performs paramedic duties, who is employed by any unit of local government, including any home rule unit. Whenever an eligible employee suffers an illness in the line of duty which causes the employee to be unable to perform the employee's duties, the employee shall continue to be paid by the employing public entity on the same basis as the employee was paid before the illness, with no deduction from the employee's sick leave credits, compensatory time for overtime accumulations or vacation, or service credits in a public pension fund during the time the employee is unable to perform the employee's duties due to the result of the illness, but not longer than one year in relation to the same illness. Any salary compensation due to the ill person from workers' compensation or any salary due to the employee from any type of insurance which may be carried by the employing public entity shall revert to that entity during the time for which continuing compensation is paid to the employee under this Act. Sets forth provisions concerning verification of illness and denial of other employment. Any salary compensation is paid to the employee under this Act. Limits exclusive and concurrent home rule powers for home rule units under a population of 1,000,000. This measure was approved by the Senate on a 55-0-1 vote.
Unemployment Insurance
Independent Contractors/New Hire Directory (HB 3301) Amends the Unemployment Insurance Act. Beginning January 1, 2024, employing units under the directory of new hires provisions, must include in its report of new hires, an individual under an independent contractor arrangement. Approved by the House 110-0. The Illinois Chamber was neutral.
|
|
© Illinois Chamber of Commerce |
|
Not a member and want to learn more about the Illinois Chamber click here to contact Lanae Clarke
|
|
|
|
|
|
|
