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Employment Law

 

Bill: HB0030/SB1548 Medical Marijuana
Sponsor: Rep. Lange (D-Skokie)
Position: Neutral
Status:
Failed on 3rd Reading, Consideration Postponed/2nd Reading
Description: Allows those diagnosed with a debilitating medical condition can legally possess up to 6 cannabis plants and 2 ounces of dried usable cannabis as treatment.  We believe this will be in violation of the Drug Free Workplace Act.  Position Paper. The Chamber has negotiated with the sponsor to include language that keeps drugs out of the workplace.  Due to these changes we are neutral to the bill.

Bill: HB3094 Prevailing Wage Exemption
Sponsor: Rep. Tryon (R-Crystal Lake)
Status: Re-referred to Rules
Position: Support
Description: Exempts projects with a total cost of $20,000 or less from prevailing wage.

Bill: HB3782 Right to Privacy in the Workplace
Sponsor: Rep. Ford (D-Chicago)
Status: Passed House, 3rd Reading
Position: Neutral with amendment
Description: Makes it unlawful for any employer to ask any prospective employee to provide any username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile.

Bill: HB3877 Employee Fee Recovery Act
Sponsor: Rep. Zalewski (D-Chicago)
Position: Support
Status: Re-referred to Rules
Description: If a former employee files two or more complaints with two or more separate State agencies against a single former employer and each complaint is dismissed, the former employer may petition the circuit court for an award of its attorney’s fees incurred to dismiss the complaints. Employment Law Council Initiative.

Bill: HB4489 Wage Payment and Collection
Sponsor: Rep. Tryon (R-Crystal Lake)
Status: Rules Committee
Position: Reviewing
Description:
Evidence presented to an Administrative Law Judge and verified as provided in the Code of Civil Procedure shall be admissible in proceedings to adjudicate claims filed for amounts of $3,000 or less.

Bill: HB4497/SB1844 Automatic IRA
Sponsor: Rep. Sente (D-Lincolnshire)
Status: Re-referred to Rules Committees
Position: Oppose
Description:
Creates the Illinois Automatic IRA Program Act. Provides that the Illinois Automatic IRA Program shall be administered by the State Treasurer and that the Treasurer shall adopt regulations to implement the Program. Allows employees of certain employers that have not offered a qualified retirement plan for 2 years to set aside a percentage of their wages to be deposited into an IRA trust fund administered by the State Treasurer’s office. Sets minimum requirements for the operation of the Program. Sets forth duties and authority of the State Treasurer in relation to the Program. Limits State and employer liability.

Bill: HB4537 Prevailing Wage Waiver
Sponsor: Rep. Sacia (R-Freeport)
Status: Re-referred to Rules
Position: Support
Description: The Prevailing Wage Act does not apply to wages paid to all laborers, workers and mechanics employed by or on behalf of a public body engaged in a public works project with a total cost of $20,000 or less if the public body notifies the DOL of each project for which the waiver is used within 60 days of commencing the project.

Bill: HB4613 Unemployment Insurance Misconduct
Sponsor: Rep. Tracy (R-Quincy)
Status: Re-referred to Rules
Position: Support
Description:
Amends the Unemployment Insurance Act to include that misconduct need not be deliberate and willful when there is a violation of an employer’s reasonable rule or policy, in a provision determining eligibility for benefits after a discharge for misconduct.

Bill: HB4614 Unemployment Insurance Fraud
Sponsor: Rep. Tracy (R-Quincy)
Status: Re-referred to Rules
Position: Support
Description:
An individual that, for the purpose of obtaining benefits, knowingly makes a false statement or knowingly fails to disclose a material fact commits unemployment insurance fraud.

Bill: HB4617 One Day Rest in Seven Penalty
Sponsor: Rep. Hernandez (D-Cicero)
Status: Re-referred to Rules
Position: Oppose
Description:
Changes the violation for a penalty in the One Day Rest in Seven Act from a petty offense to a civil penalty.

Bill: HB4642 Computer Tampering
Sponsor: Rep. Senger (R-Naperville)
Status: Passed House, Senate Assignments
Position: Under Review
Description:
A person commits the offense when he or she knowingly and without the authorization of an account holder or in excess of the authority granted to him or to her accesses or causes to be accessed by any means an e-mail, instant messaging, or social networking website account.

Bill: HB4724 Illinois FMLA
Sponsor: Rep. Cassidy (D-Chicago)
Status: Re-referred to Rules
Position: Oppose, position paper
Description: Creates the Illinois Family Medical Leave Act with provisions similar to the ones currently in the federal FMLA.

Bill: HB5546 Workers’ Compensation Injury Definition
Sponsor: Rep. Kay (R-Edwardsville)
Status: Re-referred to Rules
Position: Support
Description: Redefines “accident” and “injury” related to workers’ compensation.  An “accident” is an occurrence that arises out of employment resulting from a risk incidental to and in the course of the employment at a time and place and under circumstances reasonably required by the employment. An “injury” is an occurrence that arises out of and in the course of employment. Provides that an injury by accident is compensable only if the accident was the primary factor in causing both the resulting medical condition and disability.

Bill: HB5926 Work Comp 3rd Party Management
Sponsor: Speaker Madigan (D-Chicago)
Status: Re-referred to Rules
Position: Under Review
Description: Workers’ compensation claims would be managed by a private third party.

Bill: SB1565 Minimum Wage Law CPI
Sponsor: Sen. Lightford (D-Westchester)
Status: Re-referred to Rules
Position: Oppose
Description:
Amends the Minimum Wage Law to include limitations on the definition of “employee.” Provides a procedure for increasing the minimum wage annually to restore the minimum wage to its historic level and thereafter increasing the minimum wage by the increase in the cost of living during the preceding year. Deletes language pertaining to temporary or irregular employees and employees under the age of 18.

Bill: SB2521 Workers’ Compensation Injury
Sponsor: Sen. McCarter (R-Highland)
Status: Re-referred to Assignments
Position: Support
Description:
Amends the Workers’ Compensation Act by defining “accident” and “injury.” “Injury” includes the aggravation of a pre-existing condition by an accident arising out of and in the course of the employment, but only for so long as the aggravation of the pre-existing condition continues to be the major contributing cause of the disability. An injury resulting directly or indirectly from idiopathic causes is not compensable. No longer allows an employee to choose in writing to decline their employer’s preferred provider program. View our position paperChamber Initiative.

Bill: SB2540 Unemployment Insurance Vacation
Sponsor: Sen. McCarter (R-Highland)
Status: Re-referred to Assignments
Position: Support
Description:
Payments made pursuant to a collective bargaining agreement to an individual as vacation pay, vacation pay allowance, pay in lieu of vacation, or as standby pay during a period of shutdown for the taking of inventory or for vacation purposes shall be deemed “wages.” Chamber Initiative, for subject matter hearing only.

Bill: SB2541/HB3775 Unemployment Insurance Fraud
Sponsor: Sen. McCarter (R-Highland)
Status: Re-referred to Assignments/Re-referred to Rules
Position: Support
Description:
An individual that, for the purpose of obtaining benefits, knowingly makes a false statement or knowingly fails to disclose a material fact commits unemployment insurance fraud and requires a statement on the Department of Employment Security’s website and on specified forms stating that it is a crime to knowingly provide false, incomplete, or misleading information to any party to an unemployment security benefits transaction for the purpose of committing fraud and outlines possible penalties. Chamber Initiative, for subject matter hearing only.

Bill: SB2542 Unemployment Insurance Misconduct
Sponsor: Sen. McCarter (R-Highland)
Status: Re-referred to Assignments
Position: Support
Description:
In regards to insurance, misconduct need not be deliberate and willful when there is a violation of an employer’s reasonable rule or policy, in a provision determining eligibility for benefits after a discharge for misconduct.  Chamber Initiative, for subject matter hearing only.

Bill: SB2543 Unemployment Insurance Minimum
Sponsor: Sen. McCarter (R-Highland)
Status: Re-referred to Assignments
Position: Support
Description: With respect to any benefit year beginning on or after January 1, 2012, to be monetarily eligible for any benefits, a worker must have been paid wages of $4,290 or more in his or her base period by employers subject to the Unemployment Insurance Act and at least $2,145 of these wages must have been paid to him or her outside the calendar quarter in which he or she was paid the highest amount of wages. Chamber Initiative, for subject matter hearing only.

Bill: SB2544 Unemployment Insurance Requalification
Sponsor: Sen. McCarter(R-Highland)
Status: Re-referred to Assignments
Position: Support
Description: An individual shall be ineligible for benefits for any week in a benefit year which begins on or after January 1, 2013, unless, subsequent to the beginning of his immediately preceding benefit year with respect to which benefits were paid to him or her, he or she was reemployed and had earnings equal to or in excess of his or her current weekly benefit amount in each of four calendar weeks that are either for services in employment, or have been or will be reported pursuant to the provisions of the Federal Insurance Contributions Act by each employing unit for which such services are performed and that submits a statement certifying to that fact.  Chamber Initiative, for subject matter hearing only.

Bill: SB2551 Public Works Prevailing Wage
Sponsor: Sen. Sandack (R-Lombard)
Status: Re-referred to Assignments
Position: Support
Description: “Public works” does not include projects undertaken by a private business pursuant to a sales tax rebate agreement that are (i) privately funded, (ii) privately financed, (iii) located on property that is not publicly owned or operated, and (iv) carried out by a private business that is not performing a public function. Defines “sales tax rebate agreement” as an agreement entered into between a private business and a unit of local government to rebate a portion of the State Retailers’ Occupation Tax.

Bill: SB2636 Exempt Employees
Sponsor: Sen. Althoff (R-Crystal Lake)
Status: Re-referred to Assignments
Position: Support
Description: Directs Illinois employers to use federal law and U.S. Department of Labor (USDOL) rules when determining the exempt or non-exempt status of an employee.  Employment Law Council initiative.  Read our position paper here.

Bill: SB2643 Prevailing Wage Public Works
Sponsor: Sen. Noland (D- Elgin)
Status: Passed Senate, House 3rd Reading
Position: Oppose

Description: Adds burdensome requirements to the prevailing wage act including straight-time work hours without consideration of delays and does not provide definition of “journeyman” or “apprentice” needed to execute the contract.

Bill: SB2847 Equal Pay Act Liability
Sponsor: Sen. Steans (D-Chicago)
Status: Passed Both Houses
Position: Neutral with amendment
Description: In addition to an individual who is deemed to be an employer, any officers of a corporation or agents of an employer who knowingly permit such employer to violate the provisions of the Act shall be deemed to be the employers of the employees.  The Chamber worked with the sponsor on an amendment , changing our position to neutral.

Bill: SB3155 Prevailing Wage Penalties
Sponsor: Sen. Righter (R-Matoon)
Status: Re-referred to Assignments
Position: Support
Description: any individual, contractor, or subcontractor who has been aggrieved by a falsely filed complaint may institute a civil action for damages, including, but not limited to, compensatory damages, legal fees, administrative fees, penalties assessed by the Department of Labor under the complaint, injunctive relief, and other appropriate equitable relief.

Bill: SB3695 Prevailing Wage Filing
Sponsor: Sen. Frerichs (D-Champaign)
Status: 3rd Reading
Position: Oppose
Description: Requires contractors to include in recording keeping the gross and net wage, hourly overtime rate, fringe benefit rates, and the sponsor and administrator of fringe benefit plans. Authorizes that Department to require electronic filing. Requires that Department to create and provide a form for the filing of certified payrolls. Allows any interested party to bring an action under the Act. Position paper

 

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