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.
|
|
End of the Year Wrap-Up - New Laws Going into Effect
The Employment Law Council, representing Illinois employers on issues that adversely impact your businesses (via Unemployment insurance, workers compensation and employment law) was very busy this past year. The Michael Best Strategies lobbying team in Springfield are your boots on the ground. Be it testifying, negotiating, registering our positions with staff and committees, or working closely with other business advocates, we remain a strong voice for the business community and have been significantly involved in many of these laws that that are going to be impacting your business in 2024.
2023 was like too many of recent years in regards to employment law. Unfortunately, our victories are measured by what we were able to stop or negotiate changes to mitigate and balance new liabilities and regulations on Illinois employers. Here are some of the key issues you need to know about:
Paid Leave for All: (SB208/PA 102-1143 Rep. Jehan Gordon Booth and Sen. Kim Lightford (Effective Jan 1, 2024) Requires all Illinois employers to provide one hour of paid leave for every 40 hours worked to all employees. We were the only business group to provide testimony at the November 29th IDOL hearing on its proposed rule. You can get copies of our comments on the rule and a summary of the new law by contacting Jay Shattuck at jfshattuck@michaelbeststrategies.com
Pay Scale & Benefits Posting Requirements: (HB3129/PA 103-539 Rep. Mary Beth Canty/ Sen. Paciones- Zayas): employers with 15 or more employees must include the pay scale and benefits for a position in any job posting that will be physically performed, at least in part, in Illinois, or positions that will be physically performed outside of Illinois, but the employee reports to a supervisor, office, or other work site in Illinois. Effective January 1, 2025. A number of amendments were negotiated by us and other business groups.
Day and Temporary Labor Services bill: (HB2862/PA 103-437 Rep. Gonzalez and Sen. Peters): 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. PA 103-437 went into effect August 4, 2023. IDOL emergency rules went into effect on August 4th. The Employment Law Council provided written comments to the IDOL rule.
During the Fall Legislative Session, the General Assembly approved HB 3641 which the Governor signed into law as PA 103-564. This measure is an omnibus bill that includes a delayed effective date to April 1, 2024 for the calculations for the monetization of benefits. The Council’s lobbying team from Michael Best Strategies is working with a coalition of businesses to seek additional legislative changes to the law.
Transportation Benefits Program Act: (HB 2068/PA 103-291 Rep. Mah/Sen. Villivalam) requires employers to provide a program that allows a covered employee to elect to exclude from taxable wages and compensation the employee's commuting costs incurred for the purchase of a transit pass to use public transit or for the purchase of qualified parking, up to a maximum level allowed by federal tax law. A "covered employer" includes an employer that employs 50 or more covered employees in Cook County and certain designated townships in the collar counties and at an address that is located within one mile of regularly scheduled transit service. Effective January 1, 2024.
Extended Child Bereavement Leave Act: (SB 2034/PA 103-466 Sen. Villa/ Rep West) 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. Effective January 1, 2024.
Gender Related Violence Act: (HB1363/PA 103-282 Rep. Guzzardi/ Sen. Villa): an employer is only liable for gender-related violence committed in the work environment by an employee or agent of the employer. Liability also 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. Provides that 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. Effective July 28. 2023. We negotiated with the sponsors for over a year to narrow the impact on employers.
Freelance Workers Protection Act: (HB1122/PA 103-417 Rep. Guzzardi/ Sen. Pacione-Zayas) Mandates certain elements of a contract with independent contractors be included in any such agreement. Effective July1, 2024.
Unemployment Insurance Act New Hire Reporting Change: (HB 3301/PA 103-343 Rep. Costa Howard/Sen. Halpin) Effective January 1, 2024 Illinois employers are to include in their new hire report individuals hired as independent contractors. This is the report that is required to be submitted to the Illinois Department of Employment Security within 20 days of the hiring of a new employee.
Creates the Civil Rights Remedies and Restoration: (HB 2248/PA 103-150 Rep. Cassidy/ Sen Peters): As a result of the U.S. Supreme Court case of Cummings v. Keller decision, an individual whose civil rights have been violated will be left without a full range of remedies. This legislation would undo that by establishing a statutory minimum of $4K for each violation under several federal laws acts and provides several different venues and different remedies. We asked the sponsors to include in legislative intent that this new law will not apply to employment-related matters. We are working also to get clarifying language in the statute for 2024. Effective January1, 2024.
Employment Law Potpourri Changes: (HB 3733/PA 103-201 Rep. Olickal/Sen, Villivalam) This legislation made multiple changes to the following laws that you need to be aware of:
- Access to Personnel Records- an employer, upon the employee's written request, email or mail a copy of a requested record to the employee
- Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Day and Temporary Labor Services Act- regarding remote workers. Requires an employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall provide specified information by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference.
E- Verify Limitations: success during veto session: With the Governor’s veto of SB 1515 this past summer, we were in negotiations with the sponsors and advocacy groups on E-Verify limits under the Right to Privacy in the Workplace Act. We were able to come to an agreement on SB 508 which passed the Senate, but will not be taken up in the House until it returns to Springfield in 2024.
There are an additional over a dozen other new laws impacting prevailing wage, labor disputes, employment discrimination, and unpaid leave mandates such as VESSA and Blood & Organ Donation Leave Act. If you would like a summary of all the employment law legislation enacted in 2023contact Jay Shattuck at jfshattuck@michaelbeststrategies.com
Workers’ Comp Medical Fee Issues: During the December meeting of the Illinois Workers’ Compensation Commission Medical Fee Advisory Board, two issues regarding the medical fee schedule were discussed. The Board approved the creation of a subcommittee to review Board potential actions with billing practices by certain ambulatory surgical centers (ASCs). The Commission has become aware of significantly high billings for lumbar back surgeries, (one was at $700,000). The problem stems from a lack of updating the fee schedule for procedures that are now being performed at ASCs that were not contemplated being performed at such facilities when the fee schedule was created. Consequently, the billings default to 53.2% of charges. The Commission is looking into the issue to determine what authority they have to address the situation...whether they can move forward under current statute or whether they need a legislative change.
Following a presentation from the Shirley Ryan Ability Lab, the subcommittee will also address a request to review the need for the rehabilitation hospital fee schedule to be updated. It has not been updated since 2012.
Jay Shattuck, attending the meeting on behalf of the Illinois Chamber, commented that the Chamber supports the review of the fee schedule issues to address access and quality of care. He also noted that fair, reasonable and necessary reimbursement to medical providers is a priority for Illinois Chamber members.
Unemployment Insurance Update… at the Illinois Department of Employment Security (IDES) fourth quarter meeting of its Advisory Board, IDES reported receiving a $29 million federal grant. $11.25m towards IT modernization, $6.8m for benefit equity and modernization, $6.3m for fraud prevention and detection, and $4.4m for the Tiger Team initiative. IDES also provided the tax parameters for 2024 and estimated tax parameters for 2025 and 2026. Contact us for that information.
Additional new laws….There are an additional over a dozen other new laws impacting prevailing wage, labor disputes, employment discrimination, and unpaid leave mandates such as VESSA and Blood & Organ Donation Leave Act.
Have a SAFE & Joyous Holiday Season
|
|
© Illinois Chamber of Commerce |
|
Not a member and want to learn more about the Illinois Chamber click here to reach out to Danielle Blake, Vice President of Member Services.
|
|
A direct and compelling headline |
|
|
|
|
|
|
