After the deluge of 2023 employment law legislation enacted in Illinois, one would think the Illinois General Assembly would have run out of ideas or at least allow Illinois employers to catch up with implementing what has already passed. A number of new laws carry significant costs, liabilities and the need to significantly revise employer policies and practices. Unfortunately, that is not the case and we are reviewing as many as 100 newly introduced bills and prioritizing those that are advancing in the process thus far.
The deadline for introduction of legislation was February 9th. The drafting arm of the General Assembly, the Legislative Reference Bureau (LRB), is now focused on amendment drafting. Introduced bills initially are referred to the House Rules Committee and Senate Assignments. In election years, the Illinois Constitution provides that the legislature considers appropriation and emergency matters. Consequently, many bills are held in House Rules or Senate Assignments.
The General Assembly returns this week to hear the Governor’s Budget and State of the State Address. We anticipate that we will start to see the priorities of the 2024 legislature with bills beginning to be assigned to standing committees. This report highlights the bills of importance have been advanced to a standing committee. We also include a few bills that we are seeing as a priority.
Legislation Scheduled for Hearing this Week
Senate Labor: Wednesday, February 21st, 9am, room 212 State Capitol
SB 2939: ONE DAY OF REST (SEN. CRISTINA CASTRO)
We need additional thought on the impact of this measure from ELC members
Amends the One Day Rest In Seven Act. Provides that the calculation of required rest days does not include any time that the employee is on call. Provides that an employee who voluntarily agrees to work on a day of rest must be paid at his or her regular hourly rate or, if applicable, at the overtime wage rate as required by the Illinois Minimum Wage Law. Provides that every employer shall permit its employees who are scheduled or expected to work (rather than are to work) for 7 1/2 continuous hours at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period. Provides that any employer, or agent or officer of an employer, has violated the Act if he or she discharges, takes an adverse action against, or in any other manner discriminates against any employee because that employee has exercised a right under the Act. Provides that the Director of Labor may (rather than shall) grant long term and short permits authorizing the employment of persons on days of rest. Makes changes in provisions concerning definitions; posting requirements; recordkeeping; and civil offenses. Makes other changes.
SB 2770: CONSTRUCTION NON-COMPETE/NON-SOLICIT AGREEMENTS PROHIBITIONS (SEN. MICHAEL HASTINGS)
Creates the Construction Industry Employment Freedom Act. Provides that any employer not party to a bona fide collective bargaining agreement with a labor organization in the construction industry shall not enter into or enforce a non-compete agreement or non-solicitation agreement that restricts or prohibits a worker from accepting employment with an employer that is party to a bona fide collective bargaining agreement with a labor organization. Provides that any non-compete agreement or non-solicitation agreement that violates that provision shall be void and unenforceable. Provides that the Department of Labor shall be responsible for enforcing the provisions of the Act. Provides that any employer found to be in violation of the Act shall be subject to a fine as determined by the Department of Labor, not to exceed $5,000 for each violation. Provides that any affected employee may bring a civil action against an employer for injunctive relief and damages for violations of the Act. Effective immediately. OPPOSED
House Labor: Wednesday, February 21st, 2pm, room 114 Capitol Building
HB 4888: NON-COMPETE/NON-SOLICIT AGREEMENTS (REP. DAVE VELLA)
We need additional thought on the impact of this measure from ELC members
Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete or a covenant not to solicit is not enforceable if it restricts an employee's ability to exercise his or her rights under federal law.
HB4445: VESSA-EMPLOYEE ACCESS TO EMPLOYER MONITORING (REP. DANIEL DIDECH)
Amends the Victims' Economic Security and Safety Act. Provides that every employer covered under the Act shall permit an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence to utilize for personal use an employer-provided electronic device to document or communicate an act of domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or the employee's family or household member. Requires employers to grant an employee who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence or an employee who has a family or household member who is a victim or alleged victim or domestic violence, sexual violence, gender violence, or any other crime of violence access to any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on an employer-provided electronic device issued to the employee whenever such photographs, voice or video recordings, sound recordings, or other digital documents or communications are needed by the employee or the employee's family or household member during a criminal action or proceeding to establish or support an allegation of domestic violence, sexual violence, gender violence, or any other crime of violence. Provides that, if an employee is seriously injured or incapacitated, the employer shall grant access to the described materials to a family or household member of the employee who requests access from the employer and whose interests are not adverse to the employee as it relates to the domestic violence, sexual violence, gender violence, or other crime of violence. Provides that every employer covered by the Act shall post and keep posted, in conspicuous places where employees are employed, a notice, to be prepared or approved by the Director of Labor, explaining these provisions. Effective immediately. OPPOSED
HB 4742 ORGAN DONATION LEAVE-PART TIME 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.
HB 1353: SEXUAL HARASSMENT TRAINING (REP. DAN UGASTE)
Amends the Illinois Human Rights Act. Requires a trade union to provide sexual harassment prevention training to its workers. Provides that any trade union providing sexual harassment prevention training shall use the model sexual harassment prevention training program created by the Department of Human Rights and shall provide that training at least once a year to all workers and maintain a log indicating each worker's yearly training status. Provides that a trade union worker is not required to participate in a sexual harassment prevention training program each time the worker is hired for a new job if the worker has already participated in a sexual harassment prevention training program during that calendar year. SUPPORT
Bills Advanced out of Committee
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
Approved by Senate Labor Committee 9-4 vote- Status: Senate Bills on Second Reading
Bills Pending in Committee
HB 3773: LIMIT PREDICTIVE ANALYTICS USE (REP. JAIME ANDRADE, JR.)
Amends the Illinois Human Rights Act. Provides that an employer that uses predictive data analytics in its employment decisions may not consider the applicant's race or zip code when used as a proxy for race to reject an applicant in the context of recruiting, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment. Provides that nothing in the Act shall be construed to prevent the use of predictive data analytics to support the inclusion of diverse candidates in making employment decisions. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow the use of information about the consumer that assigns specific risk factors to the consumer's race or zip code resulting in rejection of credit or other adverse credit-related action to a consumer. Provides that a person or entity that uses predictive data analytics to determine the creditworthiness of more than 50 consumers in a calendar year who are State residents shall devise procedures to ensure that it does not consider information that assigns specific risk factors to a consumer's race or zip code when rejecting or taking other adverse action on a consumer's application for credit. Provides that a person or entity that violates the provisions commits an unlawful practice within the meaning of the Act.
1/31/2024 - Assigned to House Labor & Commerce
HB 4128 VETERANS DAY-PAID LEAVE (REP. KEVIN SCHMIDT)
Creates the Veterans Day Paid Leave Act. On and after January 1, 2025, requires each employer to provide each employee who is a veteran with a paid day off on Veterans Day if the employee would otherwise be required to work on that day. Provides that the employee must provide notice to the employer that he or she intends to take time off on Veterans Day and must provide the employer with documentation verifying that he or she is a veteran. Amends the Illinois Income Tax Act. Creates an income tax credit in an amount equal to 100% of the wages paid by the taxpayer to a veteran as a result of the paid day off required under the Veterans Day Paid Leave Act. Effective immediately. 2/14/2024 - Assigned to House Revenue & Finance
SB 1908: WAREHOUSE WORKER PROTECT ACT (SEN. CELINA VILLANUEVA)
Creates the Warehouse Worker Protection Act. Provides that each employer shall 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. Provides that 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. Provides for a private right of action. Sets forth provisions concerning definitions, employee's right to request records, enforcement, and severability. Effective 60 days after becoming law.
1/10/2024 - Senate Committee Amendment No. 1 Re-assigned to Executive
SB 2321 RIGHT TO PRIVACY-DRUG TEST (SEN. ROBERT PETERS)
We need additional thought on the impact of this measure from ELC members
Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Amends the Cannabis Regulation and Tax Act. Repeals provisions concerning employment and employer liability.
2/8/2024 – Sent to Senate Executive Subcommittee on Cannabis
SB 2818 HUMAN RIGHTS-CONVICTIONS (SEN. RACHEL VENTURA)
We need additional thought on the impact of this measure from ELC members
Amends the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) to inquire into a person's conviction record before making a conditional offer to sell, lease, or rent real property; (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of conviction record, to refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (3) use a conviction record as a basis to rescind a conditional offer to sell, lease, or rent real property, unless there is a substantial relationship between one or more of the previous criminal offenses and the offer made, the granting or continuation of the offer would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, or the use is otherwise authorized by law; and (4) for a third-party loan modification service provider, because of a conviction record to refuse to engage in loan modification services, alter the terms, conditions, or privileges of such services, or discriminate in making such services available. Provides that nothing shall prohibit: the owner of an owner-occupied residential building with 4 or fewer units from making decisions regarding whether to rent to a person based upon that person's conviction record; inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law; and use of a criminal conviction that results in a current sex offender registration requirement or a current child sex offender residency restriction.
1/31/2024 - Assigned to Senate Judiciary
SB 3105 EMPLOYEES-SUBCUTANEOUS IMPLANT (SEN. STEVE STADELMAN)
We need additional thought on the impact of this measure from ELC members
Creates the Prohibiting Coercive Subcutaneous Implants Act. Prohibits a person or entity from requiring, coercing, or compelling any other individual to undergo the subcutaneous implant of an identification device. Prohibits an employer from inquiring during an interview if a prospective employee will consent to having a subcutaneous identification device implanted in his or her body. Requires an employer to provide reasonable accommodations for an employee who does not consent to having a device implanted in his or her body. Requires an employer to remove the device from the employee's body within 30 days of separation from employment if the employee so requests. Prohibits an employer from discriminating or taking any retaliatory action against any employee because the employee, in good faith, does or threatens to do any of the following with respect to his or her rights under this Act: (i) file a claim or complaint; (ii) initiate any inquiry, investigation, proceeding, or other action; or (iii) testify or provide information to any person in connection to their rights afforded by this Act. Makes conditions for the employer to follow for voluntary implantation. Creates a private cause of action for any person who is subject to a violation of this Act with liquidated damages of $10,000 or actual damages, whichever is greater; reasonable attorney's fees and costs, punitive damages, and other relief as a State or federal court deems appropriate. Effective January 1, 2025.
2/14/2024 - Assigned to Senate Judiciary
ELC Initiative
The Employment Law Council is pushing for clarification that the Civil Rights Remedies Restoration Act that went into effect January 1, 2024. SB 3674, sponsored by Sen. Napoleon Harris III (D-Homewood), provides that nothing in the Act shall be interpreted to limit, modify, supersede, expand, or create any right, remedy, or any enforcement authority available under the Illinois Human Rights Act or other applicable local, State, or federal law affecting employment or any prospective employment relationship. This is a follow-up to the sponsors of last year’s legislation to make this clarification with a trailer bill.
Other Priority Measures
We need additional thought on the impact of these measures from ELC members
Whistleblower Liability Expansions
HB 5071 WORK WITHOUT FEAR ACT (REP. LILIAN JIMÉNEZ)
2/8/2024 - Referred to House Rules OPPOSED
SB 3464 WORK WITHOUT FEAR ACT (SEN. ROBERT PETERS
2/8/2024 - Referred to Senate Assignments OPPOSED
HB5170 WHISTLEBLOWER ACT-VARIOUS (REP. ABDELNASSER RASHID)
2/9/2024 - Referred to House Rules
SB 3468 WHISTLEBLOWER ACT-VARIOUS (SEN. RAM VILLIVALAM)
2/8/2024 - Referred to Senate Assignments
SB 3509 WHISTLEBLOWER ACT (SEN. CRISTINA CASTRO)
2/9/2024 - Referred to Senate Assignments Negotiating with the Office of the Attorney General
HB 5561 WHISTLEBLOWER ACT (REP. MARCUS EVANS)
2/9/2024 - Referred to House Rules Negotiating with the Office of the Attorney General
New Law to Limit Employer Meetings with Employees
SB 3649 EMPLOYEE FREEDOM OF SPEECH ACT (SEN. ROBERT PETERS)
2/9/2024 - Referred to Senate Assignments OPPOSED
HB 5572 EMPLOYEE FREEDOM OF SPEECH ACT (REP. MARCUS EVANS)
2/9/2024 - Referred to House Rules OPPOSED
Day & Temporary Labor
SB3650 DAY & TEMPORARY LABOR AGENCIES (SEN. ROBERT PETERS)
2/9/2024 - Referred to Senate Assignments
Employment Discrimination
HB 5371 HUMAN RIGHTS-PROCEDURAL CHANGES (REP. ANN WILLIAMS)
2/9/2024 - Referred to House Rules
SB 3664 HUMAN RIGHTS-PROCEDURAL CHANGES (SEN. LAURA FINE)
2/9/2024 - Referred to Senate Assignments
Arbitration
HB 5477 AMENDS THE UNIFORM ARBITRATION ACT (REP. MARCUS EVANS)
2/9/2024 - Referred to House Rules
This is just a sample of the legislation that may be assigned to a committee in the next few weeks. There are dozens of other measures impacting the Paid Leave for All Act, limits on noncompete & non-solicit agreements, Equal Pay Act, Wage Payment & Collection Act, Human Rights Act, Personnel Records Review Act, and others.
