Employment Law Measures Introduced

 Below are employment law measures of interest recently introduced:

Employee Complaint Fee Recovery Act. HB 3877, introduced by Rep. Mike Zalewsky (D-Chicago), provides that 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. The court may enter a judgment against the former employee in the amount of the attorney’s fees if it finds that the complaints were frivolous. ELC SUPPORTS

Employment Discrimination: HB 3915, sponsored by Rep. Lisa Hernandez (D-Cicero), amends the Illinois Human Rights Act and other Acts to replace “handicap” with “disability”. ELC is reviewing this measure.

Unemployment Insurance: HB 3952, sponsored by Rep. Michelle Mussman (D-Schaumburg), adds to benefit disqualification an individual discharged because of the commission of a misdemeanor in connection with his or her work. No benefits may be paid to any individual who is found guilty of or is granted supervision for a felony or misdemeanor committed against his or her former employer and is receiving benefits based on employment with his or her former employer. ELC SUPPORTS

HB 3975, sponsored by Rep. Karen May (D-Highland Park), provides that none of the amount received by an individual as primary social security old age and disability retirement benefits constitutes disqualifying income. There is a task force under PA 97-621 that is to review this issue that is estimated to cost Illinois employers approximately $50 million annually in additional UI benefits. ELC OPPOSES

Eavesdropping: HB 3944, sponsored by Rep. Elaine Nekritz (D-Northbrook), permits a non-employee to record the conversation if the corporation or other business entity announces it may record or listen to a telephone conversation with a non-employee. ELC is reviewing this legislation.

Prevailing Wage: SB 2551, sponsored by Sen. Ron Sandack (R-Downers Grove), exempts from the Prevailing Wage Act 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. ELC SUPPORTS