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Miscellaneous Legislative Updates - April 2019

    April 23, 2019

    LAWS (Oppose)

    Last Action: Referred to Assignments (April 9, 2019)

    Primary Sponsor: Representative Celina Villanueva (D-Chicago)/Senator Iris Martinez (D-Chicago)

    Summary: Prohibits any person or business that violates the Illinois Wage Payment and Collection Act, the Minimum Wage Law, the Illinois Worker Adjustment and Retraining Notification Act, the Employee Classification Act, the Day and Temporary Labor Services Act, the Fair Labor Standards Act of 1938, or any comparable state statute or regulation of any state which governs the payment of wages to do business with the State or any State agency or enter into a subcontract that is subject to the Code for a period of 5 years. Increases penalties under the Illinois Wage Payment and Collection Act to: an employer that is able to pay wages and who refuses to pay is guilty of a Class 4 felony with respect to amounts of $5,000 or less (rather than a Class B misdemeanor) and of a Class 3 felony with respect to amounts greater than $5,000 (rather than a Class A misdemeanor); and subsequent failure to pay within 5 years (rather than 2 years) of a prior conviction is a Class 3 felony (rather than a Class 4 felony). Certain provisions do not apply to vendors or contracts providing for Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits, Supplemental Nutrition Assistance Program (SNAP) benefits, or Medicaid benefits.

     

    HB 2233 SPECIAL INTERROGATORIES (Oppose)  

    Last Action: Referred to Assignments (April 12, 2019)

    Primary Sponsor: Representative André Thapedi (D-Chicago)/Senator John Mulroe (D-Chicago)

    Summary: Amends the Code of Civil Procedure providing that within the discretion of the court, the jury may be asked (rather than required by the court, and must be required on the request of any party) to find specially upon any material question or questions of fact submitted to the jury in writing. Any any party may request special interrogatories. Submitting or refusing to submit a question of fact to the jury may be reviewed on appeal to determine whether the trial court abused its discretion (rather than as a ruling on a question of law). When any special finding of fact is inconsistent with the general verdict, the court shall direct the jury to further consider its answers and verdicts, and if, in the discretion of the trial court, the jury is unable to render a general verdict consistent with any special finding, the trial court shall order a new trial (rather than the former controls the latter and the court may enter judgment accordingly). During closing arguments, the parties shall be allowed to explain to the jury what may result if the general verdict is inconsistent with any special findings. Changes apply only to trials commencing on or after January 1, 2020. Effective immediately.

     

    HB 2557 VIDEO INTERVIEW ACT (Neutral)

    Last Action: Referred to Assignments (March 27, 2019)

    Primary Sponsor: Representative Jaime M. Andrade, Jr. (D-Chicago)/Senator Iris Martinez (D-Chicago)

    Summary: Creates the Artificial Intelligence Video Interview Act requiring an employer that asks applicants to record video interviews and uses an artificial intelligence (AI) analysis of applicant-submitted videos to: notify each applicant in writing before the interview that AI may be used to analyze the applicant's facial expressions and consider the applicant's fitness for the position; provide each applicant with an information sheet before the interview explaining how the AI works and what characteristics it uses to evaluate applicants; and obtain written consent from the applicant to be evaluated by the AI program. Prohibits an employer from: 1) using artificial intelligence to evaluate applicants who have not consented to the use of AI analysis; and 2) from sharing applicant videos, except with persons whose expertise is necessary in order to evaluate an applicant's fitness for a position.

     

    HB 2975 PROHIBITS AN EMPLOYER FROM WAIVING EMPLOYEE RIGHTS (Oppose)

    Last Action: Referred to Assignments (April 3, 2019)

    Primary Sponsor: Representative Marcus C. Evans, Jr. (D-Chicago)/Senator Ram Villivalum (D-Chicago)

    Summary: Amends the Employment Contract Act prohibiting an employer from requiring as a condition or precondition of employment that an employee or person seeking employment waive, arbitrate, or otherwise diminish any future claim, right, or benefit to which the person would otherwise be entitled under State or federal law. Effective immediately.

     

    HB 3061 HEALTH CARE WORKER BACKGROUND (Neutral)

    Last Action: Referred to Assignments (April 3, 2019)

    Primary Sponsor: Representative Justin Slaughter (D-Chicago)/Senator Elgie Sims (D-Chicago)

    SB 1965

    Last Action: Assigned to Health Care Licenses Committee (April 9, 2019)

    Primary Sponsor: Senator Elgie R. Sims, Jr. (D)/Representative Justin Slaughter (D-Chicago)

    Summary: Amends the Health Care Worker Background Check Act providing that an individual otherwise qualified for and intending to apply for a direct care position who has a disqualifying conviction may initiate a fingerprint-based criminal history record check where a conditional offer of employment has not been made and such a background check has not been previously conducted, and allows those individuals to request a waiver of the prohibition of employment.

    Allows workforce intermediaries and organizations providing pro bono legal services to initiate a fingerprint-based criminal history record check if a conditional offer of employment has not been made and a background check has not been previously conducted for an individual who has a disqualifying conviction and is receiving services from a workforce, intermediary or an organization providing pro bono legal services. Defines "workforce intermediaries" and "pro bono legal service organizations". Effective immediately.

     

    HB 3405, as amended PROHIBITS GRATUITY RETENTION (Neutral)

    Last Action: Referred to Assignments (April 10, 2019)

    Primary Sponsor: Representative Karina Villa (D-Batavia)/Senator Omar Aquino (D-Chicago)

    Summary: Amends the Illinois Wage Payment and Collection Act to provide that gratuities are the property of employees and that employers shall not keep gratuities. Requires gratuities to be paid to employees within 13 days after the end of the pay period during which the gratuities were earned. Permits the employer to reduce the amount of a gratuity paid by credit card by a proportionate amount of the fee incurred in processing credit card payments.

     

    SB 7 CANNABIS LEGALIZATION

    Last Action: Rule 2-10 Third Reading Deadline Established As May 2, 2019 (April 12, 2019)

    Primary Sponsor: Senator Heather A. Steans (D-Chicago)

    Summary: Creates the Cannabis Regulation and Taxation Act. Currently a shell bill, the Illinois Chamber is working to include meaningful workplace protections

     

    SB 75, as amended HOTEL CASINO EMPLOYEE SAFETY (Neutral)

    Last Action: Referred to Rules Committee (April 11, 2019)

    Primary Sponsor: Senator Ram Villivalam (D)/Representative Bob Morgan (D-Highwood)

    Summary: Creates the Hotel and Casino Employee Safety Act which will require hotels and casinos to adopt anti-sexual harassment policies and make safety devices available to certain employees. Prohibits retaliation against an employee for using a safety device, availing himself or herself of the protections afforded by an anti-sexual harassment policy, or disclosing, reporting, or testifying about violations of the Act. Defines the terms "casino employer" and "hotel employer"; requires time off to be granted to file criminal complaints rather than sign police complaints; limits economic damage awards to $350 per incident; provides that before a representative of employees may bring a claim on behalf of employees, the employer must be given 15 calendar days within which to correct the violation. Effective July 1, 2020.

     

    SB 161, as amended ATTORNEY GENERAL-WORKER PROTECT UNIT (Oppose)

    Last Action: Referred to Rules Committee (April 11, 2019)

    Primary Sponsor: Senator John F. Curran (R-Willowbrook)/Representative Jay Hoffman (D-Belleville)

    Summary: Amends the Attorney General Act. Creates the Worker Protection Unit within the Office of the Illinois Attorney General to intervene in, initiate, enforce, and defend all criminal or civil legal proceedings on matters and violations relating to specified statutes. Provides further powers and requirements of the Attorney General in the Worker Protection Unit. Creates the Worker Protection Task Force. Provides for the purposes and composition of the Task Force. Provides that the Task Force shall submit a report to the Governor and the General Assembly regarding its progress no later than December 1, 2020. Repeals the Task Force December 1, 2021.Modifies provisions concerning the Worker Protection Unit. Specifies that the Unit shall be dedicated to combating businesses that underpay their employees, force their employees to work in unsafe conditions, and gain an unfair economic advantage by avoiding their tax and labor responsibilities. Specifies that the Unit shall have the power and duty to intervene in, initiate, and enforce all legal proceedings on matters related to the payment of wages, the safety of the workplace, and fair employment practices. Provides that the Office of the Attorney General may use information obtained by the Worker Protection Unit for law enforcement purposes only. Modifies provisions concerning the Worker Protection Unit Task Force. Provides that the Task Force shall be coordinated by the Office of the Attorney General to promote a statewide outreach and enforcement effort to target businesses that violate the State's worker protection laws (currently, to target Illinois' underground economy). Adds members to the Task Force. Makes other changes concerning the purposes and duties of the Unit and Task Force.