Status of Employment Law Legislation in Springfield

Social Networking Limits: HB 3782, sponsored by Rep. LaShawn Ford (D-Chicago)and Sen. Christine Radogno (R-Lemont), passed the House and awaits action in the Senate when it returns to Springfield on April 17^th. Our amendment was added to the legislation prior to its approval by the House. We are now NEUTRAL on the legislation.

Illinois FMLA: HB 4724, sponsored by Rep. Kelly Cassidy (D-Chicago) was held in the House and has been sent back to the Rules Committee. IDOL filed a fiscal note of just under $600,000 for the cost to the agency to enforce the proposed new Act. We OPPOSE.

Equal Pay Act Individual Liability: SB 2847, sponsored by Sen. Heather Steans and Rep. Robyn Gabel (D-Evanston) was approved unanimously by the Senate following adoption of our amendment that narrowed the impact of the proposal. As amended, individual liability under the Equal Pay Act occurs when the employer knowingly and willfully evades the payment of a final award or final judgment under the Act. We are now NUETRAL.

Employment Discrimination: HB 3915, sponsored by Rep. Elizabeth Hernandez (D-Cicero) and Sen. Iris Martinez (D-Chicago), changes the term “handicapped” to “disability”. We are NUETRAL.

SB 3287, sponsored by Sen. Tony Munoz (D-Chicago) and Rep. Elaine Nekritz (D-Northbrook), creates the Illinois Service Member Civil Relief Act which provides certain legal protections afforded to service members (and family members where specified) are subject to stated provisions of law. Amends the Illinois Administrative Procedure Act to set forth a provision concerning stays of contested case hearings for service members. Amends the Civil Administrative Code of Illinois to set forth a provision concerning deadline extensions for service members. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois to make changes to the provision concerning bulk long distance telephone services for military personnel in military service (now on active duty). Amends the Military Code of Illinois, Illinois Municipal Code, Illinois Insurance Code, Public Utilities Act, Service Member’s Employment Tenure Act, Code of Civil Procedure, Landlord and Tenant Act, Uniform Commercial Code, Interest Act, Retail Installment Sales Act, Military Personnel Cellular Phone Contract Termination Act, and Motor Vehicle Leasing Act to make changes in certain provisions concerning military personnel. Amends the Illinois Human Rights Act to provide that a violation of specified provisions regarding legal protections for military personnel constitutes a civil rights violation under the Illinois Human Rights Act. We are NUETRAL.

SB 3677, sponsored by Sen. William Delgado (D-Chicago) and Rep. Hernandez, amends the Illinois Human Rights Act concerning preliminary investigations by the Attorney General before the initiation of civil actions in circuit court. If a person fails to comply with a subpoena or if satisfactory copying or reproduction of any material requested in an investigation cannot be done and the person refuses to surrender the material, the Attorney General may file a petition for a court order for the enforcement of the subpoena or other request. Contains provisions regarding: venue; petitions to modify or set aside a subpoena; hearings; orders; and enforcement. Deletes language providing that if a person fails or refuses to file a statement or report or obey a subpoena, the Attorney General is deemed to have met the requirement of conducting a preliminary investigation and may commence a civil action to enforce the provisions of the Act. We are NUETRAL.

Prevailing Wage Act: SB 2643, sponsored by Sen. Mike Noland (D-Elgin) and Rep. Camille Lilly (D-Chicago), is an initiative of the Painters Union. It passed the House on a 32-18. SB 2643 requires local government units to apply the “responsible bidder” requirements of the Illinois Procurement Code. The problematic requirement is the participation in a USDOL approved apprentice and training program Bids must include the total number of straight-time hours, identified as either “journeyperson” or “apprentice”, for each craft or type of worker or mechanic needed to execute the contract. We OPPOSE.

SB 3210, sponsored by Sen. Dave Koehler (D-E. Peoria) failed to receive the necessary votes to pass the Senate and was put on the order of consideration postponed which allows another vote to be taken. The bill expanded the Prevailing Wage Act to projects using funds from the sale of certain property that is subject to a leaseback. It would apply for the initial construction of the improvements and requires all bidders for those projects to comply with the Illinois Procurement Code. We OPPOSE.

SB 3695, sponsored by Sen. Mike Frerichs (D-Champaign) requires contractors to include in record keeping the gross and net wage, hourly overtime rate, fringe benefit rates, and the sponsor and administrator of fringe benefit plans. Certified payroll reports to be filed with the Department of Labor. 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. Although the bill was not called for a Senate vote, the sponsor indicates that he will be likely amending the measure and calling for a vote when the Senate returns later this month. We OPPOSE.

Exempt v. Non-Exempt Status: Our attempt to restore Illinois law to the federal Fair Labor Standards Act determination of exempt and non-exempt status for overtime was tossed into a subcommittee of the Senate Labor Committee which essentially kills out proposal. Sen. Pam Althoff (R-Crystal Lake) filed our initiative as an amendment to SB 2636. We will attempt to educate legislators on this issue and continue to press for this needed change.