Labor/Workplace Issues
Issue Status:
HB 4587 (Franks) Creates the Residential Building General Contractor Act. Provides for the registration of residential building general contractors with the Department of Labor.
Status: House Rules Committee
NFIB Position: Oppose
HB 4733 (Bradley) Provides that an employer shall not be chargeable for any benefit charges that result from the payment of unemployment insurance benefits to any individual for any weeks of unemployment during a closure or reduction in operations at the employer's building, work site, or other facility that is directly attributable to a natural disaster or an accident such as a fire or flood.
Status: House Rules Committee
NFIB Position: Support
HB 5042 (Black) Provides that if, after a layoff, an employer notifies an individual by letter of the employer's recall of the individual for suitable work, and the employee fails to respond within a reasonable time to the recall notice, the individual shall be deemed to have failed, without good cause, to have accepted suitable work for purposes of this Section. Provides that the fact that an individual did not receive the recall letter because the individual changed his or her address is not a defense if the individual did not notify the employer of the address change.
Status: House Rules Committee
NFIB Position: Support
HB 5060 (Mitchell) Makes several significant changes to the new Employee Misclassification law by reducing penalties, removing 10 percent "bounty" for those third parties that bring the suit and adds language to help the trucking industry.
Status: House Rules Committee
NFIB Position: Support
SB 1878 (Martinez) This legislation is in response to a law passed in 2007 regarding employer's use of the federal Employment Eligibility Verification System for illegal immigration. This bill cleans up current language by stating employers are "discouraged" instead of "prohibited" from participating in any Employment Eligibility Verification System, until the system is at least 99 percent accurate. The federal government planned to sue the State of Illinois over the 2007 law, but decided against it after this simple language change was promised.
Status: Senate Second Reading
NFIB Position: Neutral
HB 5141 (Fritchey) Eliminates provisions that allowed an hourly wage of 50 cents below the regular minimum wage to be paid to an employee under 18 years of age.
Status: Senate Third Reading
NFIB Position: Oppose
HB 5161 (Schmitz) Amends the Department of Labor Law of the Civil Administrative Code of Illinois. Provides that an Illinois employer may request a written, legally binding private letter ruling from the Department of Labor regarding any law under the jurisdiction of the Department, that private letter rulings are issued by the Department in response to specific employer inquiries concerning the application of a statute or rule to a particular fact situation, and that private letter rulings are binding on the Department only as to the employer who is the subject of the request for ruling. Contains provision regarding: submission of requests; contents of requests; parties entitled to make requests; issuance of private letter rulings; effect of private letter rulings; uses of private letter rulings; and other matters.
Status: Tabled
NFIB Position: Support
HB 5216 (Osterman) Allows members and representatives of a recognized union within the State of Illinois to pass handbills on the property of retail stores; members and representatives of a recognized union within the State of Illinois may pass handbills in parking lots and outside entryways of retail stores, as long as they are not within 15 feet of the entrance of a retail store; and the new Section does not allow union members to pass handbills inside a retail store.
Status: House Rules Committee
NFIB Position: Oppose
HB 5320 (Hamos) Requires all employer's to provide an employee up to seven sick days with pay during each 12-month period.
Status: House Rules Committee
NFIB Position: Oppose
HB 5323 (Bradley), SB 2388 (Millner) Provide that the Prevailing Wage Act applies to the demolition of public works.
Status: House Passed (091-023-000) Senate First Reading
Status: Senate Rules Committee
NFIB Position: Oppose
HB 5697 (Colvin) Amends the Illinois Insurance Code workers' compensation provisions. Provides that if an employer fails to provide the insurer or its authorized representative with which it has its workers' compensation insurance policy with reasonable access to payroll records for a payroll verification audit when requested by the insurer under the terms of the employer's workers' compensation insurance policy, the employer shall be liable to pay to the insurer a total premium for the policy equal to three times the insurer's then-current estimate of the annual premium on the expiration of the policy. Provides that upon the employer's failure to provide access after the insurer's third request during at least a 90-day period, the insurer may notify the employer through its mailing of a certified, return-receipt, document of the increased premium and the total amount of the costs incurred by the insurer for its attempts to perform an audit. Makes other changes.
Status: House Rules Committee
NFIB Position: Oppose
HB 5659 (Reis), SB 2363 (Cronin) Amenda the Workers' Compensation Act and the Workers' Occupational Diseases Act. Makes numerous changes as follows: provides that an injury by accident is compensable only if the accident was the prevailing factor in causing both the resulting medical condition and disability; makes changes regarding notice of accidents; makes changes in computation of compensation paid to certain employees who, before the accident for which an employee claims compensation, had sustained an injury; makes changes regarding review of awards; limits certain cumulative awards for partial disability; provides for certification of permanent partial or total disability by physicians; provides that no compensation is payable for certain injuries involving alcohol or drugs; changes qualifications for Illinois Workers' Compensation Commission commissioners and arbitrators; contains provisions regarding evidentiary matters and statutory construction; makes changes regarding the duties of the Workers' Compensation Advisory Board; requires performance audits of arbitrators; and provides that an employer and the exclusive representative of its employees may agree to establish binding obligations and procedures relating to workers' compensation. Makes other changes.
Status: House Rules Committee
Status: Senate Rules Committee
NFIB Position: Support
HB 5735 (Jefferies) Creates the New Employee Criminal History Records Check Act. With respect to employees hired on or after the effective date of the act, prohibits an employer from having a criminal history records check performed on an employee for one year after he or she has been hired. Provides that this prohibition does not prohibit an employer from having a criminal history records check performed on an applicant for employment. Provides that, if a criminal background check is relevant to the decision to hire or retain an employee, the application must clearly state that the criminal background check will impact the decision to hire or retain the employee. Provides that a violation of the prohibition is a petty offense. Provides that the Department of Labor is charged with the duty to enforce the Act. Effective July 1, 2008.
Status: House Rules Committee
NFIB Position: No position at this time
HB 5745 (Hernandez) Creates the Retail Consumer Protection Act. Provides that certain businesses engaged in retail commerce shall have at least one designated employee responsible for ensuring the accuracy of posted and advertised prices and resolving customer complaints related to the accuracy of prices. Provides that any person engaged in retail commerce who is alerted by a customer of overcharging shall immediately report the overcharge to the designated employee, who shall investigate the alleged error. Provides that the Department of Agriculture shall maintain a hotline to receive complaints. Provides that the Director of Agriculture shall: provide an annual written report describing activities to implement the Act and any substitute local ordinances; and adopt rules. Establishes penalties. Amends the Weights and Measures Act to grant city sealers the powers established in the Retail Consumer Protection Act.
Status: House Rules Committee
NFIB Position: No position at this time
SB 1878 (Martinez) Verification System, unless otherwise required by federal law. Effective immediately. Amends the Right to Privacy in the Workplace Act. Provides that until any Employment Eligibility Verification System, including the E-Verify program and the Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by PL 104-208, div. C, title IV, subtitle A), is able to automatically verify the work-authorization status of 99 percent of employees: (1) employers are discouraged from participating in any Employment Eligibility Verification System, unless otherwise required by federal law; and (2) the State of Illinois shall not participate in any Employment Eligibility.
Status: House Third Reading
NFIB Position: Neutral
SB 2262 (Haine) Amends the Illinois Insurance Code. Provides that with respect to employers correctly classified within the construction industry, the amount charged to the insured for workers' compensation and employers' liability insurance shall be based upon hours worked by employees in specific job categories or classifications, not the wages or salaries paid to the employees.
Status: Senate Rules Committee
NFIB Position: Neutral
SB 2375 (Forby) Amends the Prevailing Wage Act. Includes "contributions paid by an employer for substance abuse testing programs" in the definition of "general prevailing rate of hourly wages."
Status: Senate Third Reading
NFIB Position: No position at this time
SB 2388 (Millner) Amends the Prevailing Wage Act. Provides that the Act applies to the demolition of public works.
Status: Senate Rules Committee
NFIB Position: Oppose
SB 2510 (Peterson) Allows for worker's compensation rules and guidelines to be collectively bargained.
Status: Senate Rules Committee
NFIB Position: No position
SB 2847 (Syverson) Creates the Job Impact Note Act. Requires that a note be prepared for a bill before second reading in the house of introduction concerning the impact of the bill on employment opportunities in Illinois. Also, requires a note for administrative rules before approval by JCAR. Requires the Commission on Government Forecasting and Accountability to prepare the notes.
Status: Senate Rules Committee
NFIB Position: Support
SB 2868 (Kotowski) Creates the Child-Safe Chemicals Act. Regulates the sale and distribution of children's products or product components containing lead or other specified chemicals. Designates priority chemicals of high concern. Requires manufacturers and trade associations to report to the Environmental Protection Agency. Sets forth the responsibilities of the Agency. Provides for exemptions. Requires the Agency to create an interstate clearinghouse. Contains provisions for implementation and enforcement. Contains other provisions. Effective immediately.
Status: Senate Rules Committee
NFIB Position: No position at this time
SB 2905 (Forby) Allows sole proprietor's to elect not to provide and pay compensation for accidental injuries sustained by himself or herself, arising out of and in the course of the employment according to the provisions of the Act who files a form as prescribed by the Illinois Workers' Compensation Commission specifically indicating that he or she elects not be covered by the Act.
Status: Senate Rules Committee
NFIB Position: Support
