February 14, 2017
Legislation Introduced Important to ELC Members:
HB 647 (Rep. Kifowit-D) Human Rights-Protection Orders: Amends the Illinois Human Rights Act to state that it is a civil rights violation for an employer to refuse to make certain reasonable accommodations in the workplace for an employee protected under an order of protection. Provides that an employer is not required to make the reasonable accommodations if they cause undue hardship on the work operations of the employer. For purposes of the new provisions, defines "undue hardship" as significant difficulty or expense on the operation of an employer, when considered in light of: (1) the nature and cost of the reasonable accommodation needed; (2) the overall financial resources, number of employees, and the number, type, and placement of the work locations of an employer; and (3) the type of operation of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness of the employee's work location from the employer, and the administrative or fiscal relationship of the work location to the employer. Provides that prior to making the reasonable accommodations, an employer may verify that an employee is protected by an order of protection entered under the Code of Criminal Procedure of 1963 or the Illinois Domestic Violence Act of 1986. Scheduled hearing in the House Judiciary-Civil Committee This duplicates VESSA. OPPOSE
HB 665 (Rep. Morrison-R) Negligent Hiring-Limitations: Creates the Limitations on Actions for Negligent Hiring Act and states 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, non-sexual offense. Provides that in a negligent hiring action for the acts of an employee or independent contractor, the fact that the employee or independent contractor was convicted of a nonviolent, non-sexual offense before the beginning of the employee's or independent contractor's employment or contractual obligation may not be introduced into evidence. Scheduled hearing in the House Labor & Commerce Committee SUPPORT
HB 813 (Rep. Hoffman-D) Employment-Layoff Notice: Amends the Illinois Worker Adjustment and Retraining Notification Act (WARN Act) to redefine "employer" to mean any business or enterprise that employs 65 or more (rather than 75 or more) full-time employees; or 65 or more (rather than 75 or more) employees who in the aggregate work at least 2,600 (rather than 4,000) hours per week (exclusive of hours of overtime). Provides that an employer may not order a mass layoff, relocation, or employment loss unless, 90 (rather than 60) days before the order takes effect, the employer gives written notice of the order to certain persons. Effective immediately. Scheduled hearing in the House Labor & Commerce Committee OPPOSE
HB 2351 (Rep. Currie-D) Wage Lien Act: 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. House Rules OPPOSE
HB 2364// SB 1720 (Rep. Hernandez-D/Sen. Biss-D) Anti-Wage Theft-State Contract: Amends the Illinois Procurement Code to prohibit any person or business who violates the Illinois Wage Payment and Collection Act, the Minimum Wage Law, the Illinois Worker Adjustment and Retraining Notification Act, the Employee Classification Act, the Fair Labor Standards Act of 1938, or any comparable state statute or regulation of any state which governs the payment of wages to do business with the State or any State agency or enter into a subcontract that is subject to the Code for a period of 5 years. Amends the Illinois Wage Payment and Collection Act. Provides that when an employee who is scheduled to work 3 or more hours reports for duty at the time set by the employer, and that employee is not provided with the expected hours of work, the employee shall be paid for at least 4 hours on such day at no less than the employee's regular rate of compensation. Amends the Illinois Wage Payment and Collection Act. Provides that an employer that is able to pay wages and who refuses to pay is guilty of a Class 4 felony (rather than a misdemeanor). Provides that a subsequent failure to pay within 5 years (rather than 2 years) of a prior conviction is a Class 3 felony (rather than a Class 4 felony). House Rules/Senate Assignments OPPOSE
HB 2462// SB 981 (Rep. Moeller-D/Sen. Biss) Equal Pay Act-Wage History: 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. Limits defenses. Provides for penalties and injunctive relief. House Rules/Senate Assignments OPPOSE
HB 2493 (Rep. Hoffman) Prevailing Wage-Responsible Bidder: Amends the Prevailing Wage Act to require public bodies to specify in the call for bids that each bidder be a responsible bidder. Requires contractors and subcontractors to report the hours worked by minorities and females. Requires the Department of Transportation, the Capital Development Board, and the Illinois State Toll Highway Authority report that information to the General Assembly. House Rules OPPOSE
HB 2734 (Rep. Ammons-D) Personnel Records: Amends the Personnel Record Review Act to require records of disciplinary action to be kept for 10 years rather than 4 years. House Rules OPPOSE
HB2749 (Rep. Guzzardi-D) Overtime Exemption Threshold: 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. Effective immediately. House Rules OPPOSE
HB 2771// SB 1296 (Rep. C. Mitchell-D/Sen. Hutchinson-D) Healthy Workplace Act: Creates the Healthy Workplace Act and amends the State Finance Act to require employers to provide specified paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Provides that the Department of Labor shall administer the Act. Authorizes the imposition of civil penalties. Authorizes individuals to file civil actions with respect to violations. Creates the Healthy Workplace Fund as a special fund in the State treasury. Effective immediately. House Rules/Senate Assignments OPPOSE
HB 3043// SB 1347 (Rep. Hoffman/Sen. Biss) Living Wage Act: 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. Sets forth provisions concerning enforcement and penalties. Creates a private right of action to enforce the provisions of the Act. Provides for debarment of certain contractors or subcontractors for violation of the Act. Contains severability provisions. Effective January 1, 2018. House Rules/Senate Assignments OPPOSE
HB 3062 (Rep. Guzzardi) Wrongful Discharge Employment: 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. Prohibits blacklisting. Provides that a discharge is wrongful if the discharge was a constructive discharge, if it was not for good cause, or if the discharge was in violation of the employer's personnel policy. Establishes remedies. Defines terms. Provides that an employer who violates the Act commits a Class A misdemeanor. House Rules OPPOSE
HB 3092 // SB 1516 (Rep. Bourne-R/Sen. Harris-D) Human Rights-Charge Procedures: Amends the Illinois Human Rights Act, in provisions governing the notice and response in a case involving types of charges other than those pertaining to real estate transactions, to remove the requirement that a response be verified. Provides that the charging party and the respondent may each file a position statement and other materials with the Department of Human Rights regarding the charge of alleged discrimination within 60 days of receipt of the request by the Department (instead of "within 60 days of receipt of notice of the charge"). Provides that the Department may (instead of "shall") require the respondent to file a response to the allegations contained in the charge within 60 days of receipt of the notice of the charge. Provides that all allegations contained in the charge not timely denied by the respondent may (instead of "shall") be deemed admitted, unless the respondent states that it is without sufficient information to form a belief with respect to the allegation. Provides that within 30 days of receipt of the respondent's response, the complainant may file a reply to the response and may (instead of "shall") serve a copy of the reply on the respondent or the respondent's representative. Provides that a party may (instead of "shall have the right to") supplement the response or reply at any time that the investigation of the charge is pending. Makes similar changes in provisions governing the notice and response in other types of charges arising under the Act. Makes other changes. Effective immediately. House Rules/Senate Assignments REVIEWING
HB 3332 (Rep. Andrade-D) Wages Penalty Fail to Pay: Amends the Illinois Wage Payment and Collection Act to increase the administrative fee imposed upon an employer that has been demanded or ordered by the Department of Labor, or ordered by a court, to pay wages. Imposes fees on a scale depending upon the amount of wages that are owed. House Rules OPPOSE
HB 3539 (Rep. Halpin-D) Procurement Equal Pay: Amends the Illinois Procurement Code to require bidders to obtain an equal pay certificate before a purchasing agency may issue a contract to the bidder. Provides for the Department of Employment Security to issue the certificates. Specifies information to be included in an application for an equal pay certificate. Requires bidders to comply with the Equal Pay Act of 2003, Equal Wage Act, Illinois Human Rights Act, and Title VII of the Civil Rights Act of 1964. Amends the State Finance Act to create the Equal Pay Certificate Fund. Provides for moneys in the Fund to be used to administer the equal pay certificate requirements. House Rules OPPOSE
HB 3736 (Rep. Gordon-Booth-D) Failure to Pay Wage-Felony: Amends the Illinois Wage Payment and Collection Act to state that an employer that is able to pay wages and who refuses to pay is guilty of a Class 4 felony (instead of a Class B misdemeanor for unpaid wages in the amount of $5,000 or less and a Class A misdemeanor for unpaid wages in the amount of more than $5,000). Provides that a subsequent failure to pay within 5, rather than 2, years of a prior conviction is a Class 3, rather than Class 4, felony. House Rules OPPOSE
HB 3768 (Rep. Ammons) Whistleblower-Employ Records: Amends the Public Officer Prohibited Activities Act to define "auditing official", "employee", "improper governmental action", and "retaliation” and prohibits a unit of local government, any agent or representative of a unit of local government, or another employee to retaliate against an employee who (1) reports an improper governmental action, (2) cooperates with an investigation by an auditing official related to a report of improper governmental action, or (3) testifying in a proceeding or prosecution arising out of an improper governmental action if the employee files a report with the auditing official regarding improper governmental action. Provides that the reports are confidential as allowed by law. Amends the Personnel Record Review Act. Provides that records of disciplinary action must be kept for 10 years rather than 4 years. House Rules Appears to apply only to public sector employers. OPPOSE
SB 61 (Sen. Righter-R) Human Rights-Charge Procedures: Amends the Illinois Human Rights Act to state that for specified types of charges pending before the Department of Human Rights, if the charging party has initiated litigation for the purpose of seeking final relief in a State or federal court or before an administrative law judge or hearing officer in an administrative proceeding before a local government administrative agency, and if a final decision on the merits in that litigation or administrative hearing would preclude the charging party from bringing another action based on the pending charge, the Department shall cease its investigation and dismiss the pending charge by order of the Director, who shall provide the charging party notice of his or her right to commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction. Provides that the Director shall also provide the charging party notice of his or her right to seek review of the dismissal order before the Human Rights Commission. Provides that any review by the Commission of the dismissal shall be limited to the question of whether the charge was properly dismissed under the new provisions. Provides that the Department may continue to investigate an allegation in a charge that is unique to the Act or otherwise could not have been included in the litigation or administrative proceeding. Postponed in Senate Judiciary SUPPORT
SB 858 (Sen. Van Pelt-D) Freedom to Work-Low Wage: Amends the Illinois Freedom to Work Act to clarify that "low-wage employee" means an employee whose earnings do not exceed the greater of (1) the hourly rate equal to the minimum wage required by the applicable federal, State, or local minimum wage law or (2) $13.00 per hour (instead of an employee who earns the greater of the applicable minimum wage or $13.00 per hour). Effective immediately. Senate Labor Working on amendment to clarify that Act does not apply to situations where an employee is prohibited from concurrently working for a competitor.