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Employment Law

Bill: HB 198
Sponsor:
Rep. Guzzardi 
Status:
House Rules
Position:
 Oppose
Description: 
Amendment 1 to HB 198 (Guzzardi) would increase the state’s minimum wage to $15 per hour by 2022.  Chamber is opposed.

Bill: HB 665
Sponsor:
Rep. Morrison 
Status:
House Rules 
Position:
Support — Chamber Initiative 
Description:
HB 665 creates the Limitations of Actions for Negligent Hiring Act by providing that a cause of action may not be brought against a party solely for hiring an employee or independent contractor who has been convicted of a nonviolent, nonsexual offense.

Bill: HB 2351 
Sponsor:
Rep. Currie 
Status:
House Rules
Position:
Oppose
Description: 
Creates the Wage Lien Act to state that a lien exists on an employer’s property for the amount of unpaid wages owed to an employee.

Bill: HB 2462 // SB 981 
Sponsor:
Rep. Moeller // Sen. Biss 
Status:  
Passed House 91-24-0 / Senate 3rd Reading 
Position:
Oppose
Description: 
Amends the Equal Pay Act of 2003 to prohibit an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant’s prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer.

Bill: HB 2734
Sponsor:
Rep. Ammons 
Status:  
House Rules
Position:
Oppose
Description: 
Amends the Personnel Record Review Act to require records of disciplinary action to be kept for 10 years rather than 4 years.

Bill: HB 2749 
Sponsor:
Rep. Guzzardi  
Status:  
House Rules
Position:
Oppose
Description: 
If adopted this proposal enacts the Federal USDOL rule imposed by the Obama Administration and likely to be repealed by the Trump Administration.  The overtime requirements of the Law do not apply to an employee employed in a bona fide executive, administrative, or professional capacity as defined by or covered by the federal Fair Labor Standards Act of 1938 but compensated at a salary greater than $47,476 per year (rather than an amount specified by a federal regulation) or the weekly or monthly portion thereof or a greater salary as may be adopted by the U.S. Department of Labor. Provides that the amount shall increase annually by the percentage increase in the Consumer Price Index.

Bill: HB 2771 // SB 1296 
Sponsor:
Rep. C. Mitchell
Status:  
Passed House 66-51-0  // Senate 3rd Reading 
Position:
Oppose
Description: 
HB 2771 (Rep. C. Mitchell-D-Chicago) and SB 1296 (Sen. Hutchinson-D-Olympia Fields) as amended, both bills require employers to provide 5 sick days to employees. An employee may earn sick days 180 days after beginning employment at the accrual rate of one hour of sick leave for every 40 hours worked. School districts, park districts, and certain City of Chicago sister agencies are exempt. The Department of Labor will administer the program. Individuals may file civil actions with respect to violations of the new Act.

Bill: HB 3043 // SB 1347 
Sponsor:
Rep. Hoffman // Sen. Biss
Status:  
House Rules // Senate Postponed Consideration 
Position:
Oppose
Description:
 Creates the Living Wage Act to require the State, its agencies, and political subdivisions to ensure that new contracts and subcontracts include a provision specifying that, as a condition of payment of the contract, the minimum wage to be paid to workers in performance of the contract or subcontract shall be at least $16.36 per hour for new contracts created after January 1, 2018. Provides that for every year thereafter, the Department of Labor shall adjust the amount of the hourly minimum wage by the annual percentage increase in the consumer price index.

Bill: HB 3062
Sponsor:
Rep. Hoffman 
Status:  
House Rules 
Position:
Oppose
Description:
 Creates the Wrongful Discharge from Employment Act to require an employer to furnish to a discharged employee a statement of reasons for the discharge. Prohibits an employer from preventing or attempting to prevent a discharged employee from obtaining other employment.

Bill: SB 12
Sponsor:
Sen. Radogno 
Status:
Approved for Consideration; Placed on Senate 3rd Reading
Position: Oppose — As Introduced and Senate Amendments 1, 2 and 3
Description:  
SB 12 is the workers’ compensation reform bill to the Senate’s “grand-bargain” package of legislation.

Bill: SB 61 
Sponsor:
Sen. Righter 
Status:
Passed Senate 55-0-0
Position:
Support — Chamber Initiative 
Description:
SB 61 streamlines employment discrimination investigations by requiring the Department of Human Rights (IDHR) to close its investigation if the charge filed with IDHR is based on a litigated discrimination violation that is identical to a charge filed with a local government unit or the federal EEOC and such protection also is provided by the other governmental body.

Closing of duplicative complaints will increase efficiency at IDHR and allow the Agency to focus on charges that are not being litigated by another governmental entity. The amendment is not intended to infringe or impair any agreement IDHR may have with a local government unit or EEOC to provide investigative services for the other entity.

Bill: SB 640
Sponsor:  
Sen. Haine
Status:
Senate Assignments 
Position:
Support — Chamber Initiative 
Description:
SB 640 addresses the Workers’ Compensation Appeals Process by clarifying and streamlining the process of the appeal of workers’ compensation and occupational diseases decisions to work efficiently and effectively for injured workers and employers. In addition, this bill also allows employers to use their insurance policy, self-insurance certificate or other means of guarantee in lieu of a bond upon appeal. Lastly, this allows a party to appeal an Appellate Court decision to the Supreme Court without certification by two members of the appellate court.

Bill: SB 983 
Sponsor:
Sen. Biss
Status:
Senate Assignments 
Position:
Oppose 
Description: 
Creates the Limitations on Forced Arbitration Act. Defines terms and contains statements of findings, purpose, and policy. Places conditions limiting the use of forced arbitration agreements on entities doing business with the State. Creates a rebuttable presumption that specified contract terms relating to forced arbitration agreements are unconscionable. Prohibits arbitration agreements in specified situations. Provides that, with specified exceptions, appellate courts do not have jurisdiction to review a trial court’s interlocutory order denying a motion to compel arbitration or otherwise concluding that an arbitration agreement is unenforceable or does not apply to a particular claim. Provides that a person may initiate on behalf of the State an action alleging violations of the Act to recover civil penalties on behalf of the State and to seek injunctive, declaratory, or other equitable relief that the State would itself be entitled to seek.

Bill: SB 1760 
Sponsor:
Sen. McGuire
Status:
Senate 3rd Reading 
Position:
Oppose 
Description: 
Creates the Wrongful Discharge from Employment Act. Provides that a discharge from employment is wrongful if it (1) was a constructive discharge, (2) was in retaliation for the employee’s refusal to violate public policy or for reporting a violation of public policy, (3) was not for good cause and the employee had completed the employer’s probationary period for employment, or (4) the employer violated the express provisions of its written personnel policy.

Bill: SB 1762 
Sponsor:
Sen. Biss
Status:
Senate Assignments 
Position:
Oppose 
Description: 
Amends the Illinois Freedom to Work Act. Expands the scope of the Act to apply to all employees (currently applies only to low-wage employees). Prohibits all covenants not to compete.

Bill: SB 1905 
Sponsor:
Sen. Silverstein 
Status:
Passed Senate 36-15-0
Position:
Oppose 
Description:
Creates the Collective Bargaining Freedom Act. Provides that it is the policy of the State that employers, employees, and their labor organizations are free to bargain collectively. Provides that the authority to enact laws or rules that restrict the use of union security agreements between an employer and a labor organization vests exclusively with the General Assembly. Prohibits local governments from enforcing any such law or rule. Defines terms.

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