Illinois Employment and Labor Law Updates 2023


December

There were no employment and/or labor bills that were enacted that were identified.


November

There were no employment and/or labor bills that were enacted that were identified.


October

There were no employment and/or labor bills that were enacted that were identified.


September

There were no employment and/or labor bills that were enacted that were identified.


August

Child Labor Law

Bill

Senate Bill 1782 (2023-2024)

Summary

Amends the Child Labor Law; removes certain languages; sets forth certain information a vlogger is required to annually report to the Department of Labor, including, but not limited to the name and documentary proof of the age of the minor engaged in the work of vlogging, the number of vlogs that generated compensation during the reporting period and the total number of minutes each minor was featured in vlogs during the reporting period.

Enacted

08/11/2023

Effective Date

07/01/2024

Topics

Industry: Entertainment; Wage_and_Hour: Child_labor


Coverage Of Preventive Health Services

Bill

Senate Bill 1561 (2023-2024)

Summary

Provides that a policy of group health insurance coverage or individual health insurance coverage as defined in Section 5 of the Illinois Health Insurance Portability and Accountability Act shall, at a minimum, provide coverage for and shall not impose any cost-sharing requirements, including a copayment, coinsurance, or deductible, under certain circumstances.

Enacted

08/11/2023

Effective Date

08/11/2023

Topics

Workplace_Behavior: E-cigarettes, Smoking, Vaping


Equal Pay Act

Bill

House Bill 3129 (2023-2024)

Summary

Amends the Equal Pay Act of 2003; provides that an employer shall be liable for a third party’s failure to include the pay scale and benefits in a job posting; provides that an employer shall announce, post, or otherwise make known all opportunities for promotion to all current employees no later than the same calendar day that the employer makes an external job posting for the position; provides that an employer shall make and preserve records that document the pay scale and benefits for a position.

Enacted

08/11/2023

Effective Date

01/01/2025

Topics

Employer_Obligations: Wage-range; Employment_relations: Job_advertisements, Job_postings; Prohibited_Practices: Equal_pay


Child Extended Bereavement Leave Act

Bill

Senate Bill 2034 (2023-2024)

Summary

Relates to the Child Extended Bereavement Leave Act; provides that the act may be referred to as Zachary’s Parent Protection Act; provides that an employee of a large employer that employs 250 or more full-time employees is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide; provides that an employee of a small employer that employs at least 50 but fewer than 250 full-time employees is entitled to use a maximum of 6 weeks of unpaid.

Enacted

08/04/2023

Effective Date

01/01/2024

Topics

Leave_laws: Bereavement


Employee Blood Donation Leave Act

Bill

House Bill 3516 (2023-2024)

Summary

Amends the Employee Blood Donation Leave Act; changes the name of the Act to the Employee Blood and Organ Donation Leave Act; provides that an employee may use up to specified number of days of leave in any 12-month period to serve as an organ donor or bone marrow donor; defines terms; makes corresponding changes.

Enacted

08/04/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Wage_claims; Employer_Obligations: Posting_requirement; Industry: Construction_service, Contractor, Subcontractor


Labor and Employment Rights

Bill

House Bill 2862 (2023-2024)

Summary

Provides that no day and temporary labor service agency may send a day or temporary laborer to a place where a strike, a lockout, or other labor trouble exists without providing, at or before the time of dispatch, a statement, in writing and in a language that the day and temporary laborer understands, informing the day or temporary laborer of the labor dispute and the day or temporary laborer’s right to refuse the assignment without prejudice to receiving another assignment.

Enacted

08/04/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Administrative, Complaints, Penalty; Employer_Obligations: Notice; Employment_relations: Day_employee, Strike, Temporary_employees; Industry: Hiring_agency; Prohibited_Practices: Equal_pay, Refuse_work


Health Care Worker Background Check Act

Bill

House Bill 2102 (2023-2024)

Summary

Amends the Health Care Worker Background Check Act; provisions concerning a health care employer or long-term care facility hiring individuals convicted of committing or attempting to commit various specified offenses; adds substantially equivalent offenses under the laws of any other state or of the laws of the United States, as verified by court records, records from a state agency, or and Federal Bureau of Investigation criminal history records check.

Enacted

08/04/2023

Effective Date

01/01/2024

Topics

Employer_Obligations: Background_checks, Criminal_history; Industry: Health_care_facility, Long-term_care


Freelance Worker Protection Act

Bill

House Bill 1122 (2023-2024)

Summary

Creates the Freelance Worker Protection Act; provides that except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount no later than 30 days after the freelance worker provides the product or completes the services under the contract; provides that once a freelance worker has commenced preparation of the product or performance of the services under the contract, a contracting entity shall not require as a condition of timely payment.

Enacted

08/04/2023

Effective Date

07/01/2024

Topics

Agreements: Hiring; Claims_and_Penalties: Administrative, Civil_action, Complaints, Damages, Penalty, Statute_limitations; Employer_Obligations: Terms_and_conditions; Employment_relations: Independent_contract; Prohibited_Practices: Retaliation; Wage_Payment: Pay_frequency


July

Prevailing Wage Act

Bill

House Bill 3792 (2023-2024)

Summary

Amends the Prevailing Wage Act; provides that the definition of public works includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds.

Enacted

07/28/2023

Effective Date

07/28/2023

Topics

Wage_and_Hour: Prevailing_wage


Wage Payment and Collection Act

Bill

House Bill 3448 (2023-2024)

Summary

Provides that the notice shall be posted in one or more conspicuous places accessible to all laborers, workers, and mechanics at a job site; provides that one copy of the notice at a job site shall satisfy the notice requirement for the primary contractor and all subcontractors.

Enacted

07/28/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Wage_claims; Employer_Obligations: Posting_requirement; Industry: Construction_service, Contractor, Subcontractor


Prevailing Wage Act

Bill

House Bill 3370 (2023-2024)

Summary

Amends the Prevailing Wage Act; provides that the definition of public works includes power washing projects by a public body or paid for wholly or in part out of public funds in which steam or pressurized water, with or without added abrasives or chemicals, is used to remove paint or other coatings, oils or grease, corrosion, or debris from a surface or to prepare a surface for a coating.

Enacted

07/28/2023

Effective Date

01/01/2024

Topics

Industry: Govt_contractor; Wage_and_Hour: Prevailing_wage


Prevailing Wage Act

Bill

House Bill 2845 (2023-2024)

Summary

Amends the Prevailing Wage Act; provides that the definition of public works also includes the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, lime sludge, and lime residue removed from a water treatment plant or facility at a landfill.

Enacted

07/28/2023

Effective Date

01/01/2024

Topics

Wage_and_Hour: Prevailing_wage


Victims Economic Security and Safety Act

Bill

House Bill 2493 (2023-2024)

Summary

Amends the Victims’ Economic Security and Safety Act; provides that an employee may take unpaid leave from work for specified reasons relating to a family or household member who is killed in a crime of violence; provides that an employee shall be entitled to a total of not more than 2 workweeks of unpaid leave for specified reasons relating to a family or household member who is killed in a crime of violence, which must be completed within 60 days after the date on which the employee receives notice.

Enacted

07/28/2023

Effective Date

01/01/2024

Topics

Employee_obligation: Documentation; Leave_laws: Bereavement, Victim


Works Job Program Act

Bill

House Bill 2300 (2023-2024)

Summary

Amends the Works Job Program Act; provides that contractors or subcontractors may be eligible to earn bid credits for employing apprentices who have completed the Works Pre-apprenticeship Program; provides that contractors and subcontractors can use bid credits toward future bids for public works projects contracted or funded by the state or an agency of the state in order to increase the likelihood that the contractor and the subcontractors are selected as the contractor for the public works project.

Enacted

07/28/2023

Effective Date

07/28/2024

Topics

Employment_relations: Apprentice; Industry: Construction_service, Govt_contractor


Abuse or Criminal Neglect of a Long Term Care Facility

Bill

House Bill 2100 (2023-2024)

Summary

Amends the Criminal Code of 2012; concerns abuse or criminal neglect of a long term care facility resident, changes references to an elderly person’s or person with a disability’s life to references to a resident’s life; concerns financial exploitation of an elderly person or a person with a disability, provides that a person who violates the provisions is guilty of a Class 1 felony if the elderly person is of certain age or older and the value of the property is specified amount.

Enacted

07/28/2023

Effective Date

01/01/2024

Topics

Claims_and_Penalties: Civil_action, Employee_liability, Employer_liability, Felony, Financial_exploit, Treble_damages, Vicarious_liability; Employer_Obligations: Elder_abuse;
Industry: Long-term_care


Juvenile Justice Personnel

Bill

House Bill 2054 (2023-2024)

Summary

Provides that Department of Juvenile Justice personnel who are hired by the Department and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth’s security, welfare and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must follow certain eligibility requirements.

Enacted

07/28/2023

Effective Date

07/28/2023

Topics

Industry: Public_employer


Gender Violence Act

Bill

House Bill 1363 (2023-2024)

Summary

Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer; provides specific instances in which an employer is liable for gender-related violence; provides that an action against an employer must be commenced within specified number of years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued.

Enacted

07/28/2023

Effective Date

01/01/2024

Topics

Employer_Obligations: Investigations, Employer_Obligations: Training; Prohibited_Practices: Gender, Workplace_violence


Smoke Free Act

Bill

House Bill 1540 (2023-2024)

Summary

Relates to the Smoke Free Illinois Act; provides that smoking is allowed in specified areas, including certain retail tobacco stores; provides that a retail tobacco store that derives at least a specified percent of its gross revenue from the sale of electronic cigarettes and electronic cigarette equipment and accessories in operation before specified date qualifies for this exemption under the act for electronic cigarettes only.

Enacted

07/28/2023

Effective Date

01/01/2024

Topics

Workplace_Behavior: E-cigarettes, Vaping


June

Fire Protection District Act

Bill

Senate Bill 1750 (2023-2024)

Summary

Amends the Fire Protection District Act; relates to emergency medical technician licensure and training; provides that the board of trustees of a fire protection district must, subject to appropriation by the General Assembly, reimburse the mandatory training expenses of an EMT, EMT-I, A-EMT, or paramedic employed by or under contract with the fire protection district, including the training expenses of a firefighter required to be licensed as an EMT, EMT-I, A-EMT, or paramedic.

Enacted

06/30/2023

Effective Date

01/01/2024

Topics

Industry: Public_employer


Firefighter Training Leave of Absence Act

Bill

Senate Bill 1611 (2023-2024)

Summary

Provides that a State employee shall be granted leave for firefighter training on one occasion, for up to 200 hours, to participate in training necessary to obtain Basic Operations Firefighter certification from the State Fire Marshal while attending a State Fire Marshal-approved fire academy and special or advanced training annually, not to exceed 80 hours, after obtaining Basic Operations Firefighter certification from the State Fire Marshal for courses that will lead to additional certification.

Enacted

06/30/2023

Effective Date

01/01/2024

Topics

Industry: Public_employer


Minimum Wage and Equal Pay

Bill

House Bill 3733 (2023-2024)

Summary

Provides for the Equal Pay Fund; amends the Personnel Record Review Act; provides that the employer shall, upon the employee’s written request, email or mail a copy of the requested record to the employee by the email address or mailing address identified by the employee for the purpose of receiving the copy of requested record; provides that an employer may charge a fee for providing a copy of the requested record.

Enacted

06/30/2023

Effective Date

06/30/2024

Topics

Claims_and_Penalties: Administrative, Penalty, Wage_claims; Employer_Obligations: Posting_requirement; Employment_relations: Current_employees, Day_employee,
Employment_relations: Temporary_employees; Prohibited_Practices: Equal_pay; Wage_Payment: Wage_payment; Wage_and_Hour: Minimum_wage


Minimum Wage Law

Bill

House Bill 3227 (2023-2024)

Summary

Amends the Minimum Wage Law and the Illinois Wage Payment and Collection Act; provides that the Department of Labor shall hold any moneys due to employees that it is unable to locate in the Department of Labor Special State Trust Fund for no less than a specified number of years after the moneys were collected.

Enacted

06/30/2023

Effective Date

06/30/2024

Topics

Claims_and_Penalties: Wage_claims; Wage_Payment: Wage_payment; Wage_and_Hour: Minimum_wage, Wage_and_hour


Prevailing Wage Act

Bill

House Bill 3491 (2023-2024)

Summary

Provides that any laborer, worker, or mechanic who is employed by the contractor or by any sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project.

Enacted

06/09/2023

Effective Date

01/01/2024

Topics

Wage and Hour: Prevailing_wage


Children and Family Services Act

Bill

House Bill 2618 (2023-2024)

Summary

Provides that every driver employed by a purchase of service agency who transports children on behalf of the Department of Children and Family Services must submit, as a condition of employment, a signed written statement certifying that he or she will comply with all applicable federal and State laws and regulations and Department rules; provides that each applicant applying for employment shall have his or her fingerprints submitted to the Illinois State Police in an electronic format.

Enacted

06/09/2023

Effective Date

06/09/2023

Topics

Employer_Obligations: Background_checks, Criminal_history; Industry: Govt_contractor, Transportation


May

There were no employment and/or labor bills that were enacted that were identified.


April

There were no employment and/or labor bills that were enacted that were identified.


March

Paid Leave for All Workers Act

Bill

Senate Bill 208 (2021-2022)

Summary

Provides that an employee who works in the State is entitled to earn and use up to a minimum of a specified number of hours of paid leave during a specified period or a pro rata number of hours of paid leave; provides that the paid leave may be used by the employee for any purpose as long as the paid leave is taken in accordance with the provisions of this Act; provides for the Paid Leave for All Workers Fund.

Enacted

03/13/2023

Effective Date

01/01/2024

Topics

Claims_and_Penalties: Civil_penalty; Employee_obligation: Notice, Request; Employer_Obligations: Notice, Personnel_records, Posting_requirement, Recordkeeping; Leave_laws: Paid_leave, Paid_time_off; Prohibited_Practices: Retaliation; Wage_Payment: End_of_employment


February

State Officials and Employees Ethics Act

Bill

House Bill 1563 (2021-2022)

Summary

Provides that the Director of Aging shall be a senior citizen, as that term is defined in the Illinois Act on the Aging, who has sufficient experience in providing services to the aging or shall be an individual who has actual experience in providing services to senior citizens; provides that the Director of Central Management Services shall determine a geographic location for each State employment position taking into consideration a variety of factors.

Enacted

02/10/2023

Effective Date

02/10/2023

Topics

Public_employer


Nurse Agency Licensing Act

Bill

Senate Bill 1836 (2021-2022)

Summary

Provides that, for a specified period of time, a nurse agency may enter into a covenant not to compete with a nurse or a certified nurse aide if the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a long-term basis or the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a long-term basis.

Enacted

02/03/2023

Effective Date

02/03/2023

Topics

Agreements: Covenant_not_compete, Non-compete; Employment_relations: Nurse, Nurse_aide, Temporary_employees; Industry: Nurse_agencies



January

There were no employment and/or labor bills that were enacted that were identified.

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