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Employment Law

 

Bill: HB 665
Sponsor:
Rep. Morrison 
Status:
House Labor & Commerce 
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 Labor & Commerce 
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 
Sponsor:
Rep. Moeller – Sen. Biss 
Status:  
Passed Both Houses
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 2525
Sponsor:  
Rep. Hoffman – Sen. Raoul 
Status:
Passed Both Houses 
Position:
 Oppose
Description:
Codification of current bad case law for “causation” and “traveling employee” merely locks employers into the court expanded liability. In addition, it prevents employers from being able to achieve a change in the case law from future courts. Senate amendment 2 offers some relief but is far outweighed by increased regulation and litigation that are contained in the measure.

Bill: HB 2622
Sponsor:  
Rep. Fine – Sen. Biss
Status:
Passed Both Houses 
Position:
 Oppose
Description: 
HB 2622 uses employer and insurer tax dollars to capitalize the creation of a state established, mutual insurance company to compete with the over 300 insurers that already provide workers’ compensation coverage. The $10 million of startup money are tax dollars that currently go to run the operations of the Workers’ Compensation Commission. The legislation provides that the funds are a “loan” to be paid back with interest. Given the track record regarding finances of Illinois state government, it is difficult to believe the loan would be paid in a timely fashion. Furthermore, removing resources meant to support the operations of the Commission jeopardizes the entire adjudication of workers’ compensation for injured workers as well as employers.

Bill: HB 2734
Sponsor:
Rep. Ammons 
Status:  
House Personnel & Pensions 
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 Economic Opportunity 
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 
Sponsor:
Rep. C. Mitchell – Sen. Hutchinson 
Status:  
House Concurrence 
Position:
Oppose
Description: 
HB 2771 as amended, would 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: SB 1347 
Sponsor:
Sen. Biss
Status:
 Failed in Senate 
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 Labor & Commerce  
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 – Rep. Andersson 
Status:
House 2nd Reading
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 81
Sponsor:  
Sen. Lightford – Rep. Guzzardi 
Status:
Passed Both Houses
Position:
 Oppose
Description:
SB 81 would increase the state’s minimum wage to $15 per hour by 2022 for those over the age of 18 and $12 by 2022 for those under the age of 18.

Bill: SB 640
Sponsor:  
Sen. Haine
Status:
Senate Judiciary 
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 Judiciary 
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 1905 
Sponsor:
Sen. Silverstein – Rep. Moylan
Status:
House 2nd Reading
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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