Legislation in effect January 1, 2024
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SB 508 prohibits employers from instituting work authorization verification or re-verification requirements greater than those found in federal law, and prohibits employers from taking adverse action against an employee before they have been allowed due process.
If an employer is required to participate in the E-Verify program or a similar Electronic Employment Verification System and receives notification from the Social Security Administration of a discrepancy between an employee's name or social security number and the Social Security Administration's records, the employer must provide the employee with specified documents.
When an employer is notified that an I-9 inspection will occur, they must notify employees within 72 hours and must provide detailed notice to any employees that are found to have discrepancies with their work authorization documents within 5 days. The bill then sets forth penalties for violation of the Act.
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HB 3129 requires employers to list a pay scale and expected benefits for any position listed on a job posting including on a third-party platform i.e., LinkedIn. Requires employers with 15 or more employees to include the pay scale and benefits for a position in all job postings.
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SB 3646 repeals existing child labor laws and replaces them with the Child Labor Law of 2024. The new law extends protections to kids not enrolled in a traditional public or private school, requiring they end work by 7 p.m. on school nights. It also adds new positions to the list of prohibited jobs for minors and jobs requiring adult supervision, such as in cannabis shops and adult facilities, and imposes increased penalties for violations.
It keeps in place the requirement that school officials must review a minor's work opportunity and issue an employment certificate to the minor before they can lawfully work. The bill adds the following safeguards to the certification process:
Requiring the issuing officer to consider the "health, welfare, and education" of the minor when assessing an employment certificate application, including consideration of past reports of death/injury of a minor at that workplace.
Requiring that a minor's work permit include the minor's school schedule.
Clarifying the certification process for minors who are experiencing homelessness or who do not have a birth certificate.
The law further addresses children who work as influencers online, specifically in vlogs, requiring any child under 16 who appears in online vlogs to be compensated based on the number of views a video receives and how many minutes they appear the video.
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SB 3649 creates the Worker Freedom of Speech Act to prohibits “captive audience” meetings if they relate to political or religious matters. Specifically, the law prohibits an employer or the employer's agent, representative, or designee to discharge, discipline, or otherwise penalize, threaten to discharge, discipline, or otherwise penalize, or take any adverse employment action against an employee: (1) because the employee declines to attend or participate in an employer-sponsored meeting or declines to receive or listen to communications from the employer or the agent, representative, or designee of the employer if the meeting or communication is to communicate the opinion of the employer about religious or political matters; (2) as a means of inducing an employee to attend or participate in meetings or receive or listen to communications; or (3) because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of the Act. Provides fora private right of action to enforce the provisions of the Act. Provides that, within 30 days after the effective date of the Act, an employer shall post and keep posted a notice of employee rights under the Act where employee notices are customarily placed.
“Political matters” are matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, proposals to change public policy, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization. “Religious matters” are matters relating to religious belief, affiliation, and practice and the decision to join or support any religious organization or association.
It is likely that this law will be challenged in court as a violation of employers’ 1st Amendment rights.
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Declares that every employee has a legal right to inspect and copy personnel-related documents. Provides that an employee can sue an employer if the state Department of Labor does not resolve their complaint under the law within 180 days.
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Expands the definition of armed forces or uniformed services to include the U.S. Space Force for purposes of employment protections for military service members.
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House Bill 4867 amends the Illinois Human Rights Act to prohibit employers from discriminating against individuals based on their reproductive health decisions. “Reproductive health decisions” are a person’s decisions regarding the use of contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; healthcare related to the continuation or termination of pregnancy; or prenatal, intra-natal, or postnatal care.
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HB 2161 amends the Act to prohibit employers from discriminating against individuals based on their family responsibilities. “Family responsibilities” are defined as employee’s actual or perceived provision of personal care to a family member, whether in the past, present, or future. Provides that it is a civil rights violation for: (1) any employer to refuse to hire, to segregate, to engage in harassment, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of family responsibilities; (2) any employment agency to fail or refuse to classify properly, accept applications and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of family responsibilities; and (3) any labor organization to limit, segregate, or classify its membership, or to limit employment opportunities, selection and training for apprenticeship in any trade or craft, or otherwise to take or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant for apprenticeships, or wages, tenure, hours of employment, or apprenticeship conditions on the basis of family responsibilities. Provides that it is a civil rights violation for a person, or for 2 or more persons, to conspire to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be discrimination based on family responsibilities.
Nothing contained in the Act may be construed to obligate an employer, employment agency, or labor organization to make accommodations or modifications to reasonable workplace rules or policies for an employee based on family responsibilities, including accommodations or modifications related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits, as long as its rules or policies are applied in accordance with this Act. Nothing contained in the Act prevents an employer from taking adverse action or otherwise enforcing reasonable workplace rules or policies related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits against an employee with family responsibilities as long as its policies are applied in accordance with the Act.
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HB 5561 amends the Illinois Whistleblower Act to prohibit employers from taking retaliatory action against an employee who discloses or threatens to disclose information about an employer’s activities, policies, or practices, or refuses to participate in them, when the employee has a “good faith belief” that such activities, policies, or practices violate a law, rule, or regulation or poses a danger to employees, public health, or safety.
The law does the following:
Broadens the scope of conduct protected under the Illinois Whistleblower Act to protect employees who report violations of the law or threats to public health and safety directly to their employer.
Expands the definition of retaliation to include blacklisting an employee from future opportunities and immigration-based retaliation.
Provides express statutory authority to the Attorney General’s office to bring suit against employers who retaliate or threaten retaliation against employees.
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SB 3208 requires employers to maintain a copy of an employee's paystub for at least 3 years and provide employees with copies of their pay stubs upon request.
Specifically, the law requires every employer, upon an employee's request, to permit the employee to inspect his or her pay stubs. An employer may require that the request be made via writing on a form or process specified by the employer. The law requires an employer to maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form. An employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. An employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor.
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SB 3310 extends the statute of limitations for filing discrimination complaints with the Illinois Department of Human Rights from 300 days to two years from the date of an alleged civil rights violation.
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SB 2737 declares that a covenant not to compete or covenant not to solicit entered into after January 1, 2025 shall not be enforceable only with respect to licensed mental health professionals when servicing veterans and first responders if the enforcement of the covenant not to compete or covenant not to solicit would result in an increase in cost or difficulty for any veteran or first responder seeking mental health services.
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SB 2770 states that a covenant not to compete or a covenant not to solicit is void and illegal with respect to individuals employed in construction, regardless of whether an individual is covered by a collective bargaining agreement. It does not apply to construction employees who primarily perform management, engineering or architectural, design, or sales functions for the employer or who are shareholders, partners, or owners in any capacity of the employer.
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Declares that no person shall operate a commercial motor vehicle transporting garbage or refuse unless the tailgate on the vehicle is in good working repair, good operating condition, and closes securely, with a cover or tarpaulin of sufficient size attached so as to prevent any load, residue, or other material from escaping. Provides that a violation of the provisions shall be a petty offense punishable by a fine not to exceed $150. Provides that a person, firm, or corporation convicted of 4 or more violations within a 12-month period shall be fined an additional amount of $150 for the fourth and each subsequent conviction within the 12-month period.