Blog

January 16, 2019

Please join me in congratulating Rob Burn, SPHR, SHRM-SCP and President of L & L Solutions, Inc. in his new role as ILSHRM Legislative Director. Mr. Burn shared today the below information which I am passing onto you. Your SHRM connections are here to help us through the multiple changes expected in 2019.

TO: Members of the Illinois Chamber/ELC Employment Law & Litigation Committee

Today, Governor Pritzker in his first day in office took his first steps towards rewarding organized labor for their active support of his election.

First, he issued Executive Order 2019-02 which requires all state agencies to immediately comply with the Project Labor Agreements Act.

In addition the Executive Order directs the Illinois Department of Labor to review all pending cases under Illinois’ various wage laws. For cases pending under the Wage Payment & Collection Act, the Department is to refer “egregious and repeated violations” to the Attorney General for prosecution and take action to ensure all other cases are proceeding to binding administrative hearings and then referred to the Attorney General for enforcement. For cases under all other wage laws, the Department is to review and assess all pending cases and take action to resolve them and refer them as quickly as possible to the Attorney General for civil prosecution.

The new Governor also signed SB 203 into law as PA 100-1177. The legislation amended the Prevailing Wage Act making the following changes:

  • Directs the Department of Labor to report to the General Assembly the number of people employed in public works in the State.
  • Requires the Department to study and report on the participation of females and minorities on public works projects and to create recommendations to increase female and minority participation on public works projects by county.
  • Requires the Department to create an electronic database for payrolls.
  • Requires the Department to investigate and ascertain the prevailing rate of wages for each county in the State and to publish the prevailing wage schedule ascertained on its official website no later than July 15 of each year. In a provision that permits any affected person to file an objection to the Department's published prevailing wage schedule, provides that a person filing an objection alleging that the actual percentage of laborers, workers, or mechanics that receive a collectively bargained rate of wage is below the required 30% has the burden of establishing such and must support the allegation with competent evidence.
  • Repeals a provision that requires the Department and public bodies to comply with certain notice requirements if they are unable to ascertain the prevailing rate of wage of any class of work required to be performed under a proposed contract.

This legislation is effective January 15, 2019.

JAY DEE F. SHATTUCK, CAE

Shattuck & Associates Consulting, Inc.

600 S. Second Street, Suite 403

Springfield, IL 62704

217 . 544 . 5490 o.

jay@shattucklobbying.com  www.shattucklobbying.com

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DSHRM Legislative Flash Update: January 2, 2019

E-Verify Expired During Government Shutdown

Additional Details at SHRM

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December 2018

Legislative Connection

Upcoming DSHRM Chapter networking events:

Effective Communication for Strategic Change

         Janurary 17, 2019

         Learn how to effectively communicate during times of organizational change to promote continued engagement.

         To register for this event:  https://dshrm.org/meetinginfo.php

DSHRM Legislative Update Event

         Scheduled for March 21, 2019 plan now to attend. Register Here

Highlights from the November 2018 Veto Session:

(sourced from the Illinois Chamber of Commerce - Employment Law Council Newsletter)

Workers' Compensation Changes: The General Assembly overrode the Governor's amendatory veto of SB 904/PA 100-1117, sponsored by Sen. Hastings and Rep. Hoffman. With the override, the legislation became effective on November 27th. SB 904 provides extensive changes to medical billing process that benefit medical providers under the WC Act, including access to Circuit Court. Two trailer bills amending SB 904, HB 3452and HB 200also were approved and will be sent to the Governor. HB 3452 clarifies access by medical providers to the Circuit Court and limits access to the courts to a bill collection action for interest penalties due to the provider. HB 200 expands the requirement of providing an explanation of benefits to the medical provider to include the injured worker or their designee.

SB 1737/P.A. 100-1118 sponsored by Sen. Munoz and Rep. Hoffman: The Governor's veto also was overridden. As approved, the legislation makes changes to the workers' compensation insurance rates overseen by the Illinois Department of Insurance (DOI). Those changes will take Illinois from its current competitive marketplace approach to requiring an insurer/rating organization to file its rates, manuals, rules, etc. with DOI 30 days before their use. Also requires workers' compensation insurers to provide 30-day advance notice of any premium increase of 5% or more. The following additional non-workers' compensation changes are in this legislation as well:

  • Creates the Short-Term, Limited-Duration Health Insurance Coverage Act;
  • Creates the Domestic Stock Company Division Law in the Insurance Code; and
  • Amends the Domestic Captive Insurance Companies Article of the Insurance Code regarding the authority and restrictions on captive insurers. Effective: certain provisions November 27, 2018; certain provisions February 1, 2019

 Employment Discrimination: The Governor's amendatory veto of HB 4743/PA 100-1140, sponsored by Rep. Ford and Sen. Lightford, was overridden by the General Assembly and is effective January 1, 2019. This measure amends the Equal Pay Act providing that no employer may discriminate between employees by paying wages to an African-American employee at a rate less than the rate at which the employer pays wages to another employee who is not African-American for the same or substantially similar work on a job that requires equal skill, effort, and responsibility and is performed under similar working conditions.

Two other proposals that were not considered during the Veto Session and are now dead but we believe they will be advanced early in the new General Assembly are:

  • HB 4163, sponsored by Rep. Moeller and Sen. Castro, amends the Equal Pay Act of 2003 prohibiting an employer from inquiring about salary and wage history. Also adds new standards that limit employer defenses and adding new compensatory and punitive damage penalties on businesses who are not compliant.
  • HB 4572, sponsored by Rep. Guzzardi and Sen. Castro, amends the Illinois Human Rights Act to redefine "employer" to include any person employing one (currently 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation.

2019 New Employment Laws: (sourced from the Illinois Chamber of Commerce - Employment Law Council Newsletter)

HB 1595/P.A. 100-1003 Nursing Mothers in the Workplace (Rep. Stuart/Sen. Haine)provides for reasonable break time (instead of "unpaid break time each day") during the first year after the child's birth each time the employee needs to express milk. The break time may run concurrently with any break time already provided to the employee and an employer may not reduce an employee's compensation for time used for the purpose of expressing milk or nursing a baby. An employer shall provide reasonable break time as needed by the employee unless to do so would create an undue hardship as defined by the Illinois Human Rights Act.  Effective January 1, 2019

HB 2617/P.A. 100-1102 (Rep. Gabel/Sen. Murphy) Health Insurance: Fertility Preservation: amends the Illinois Insurance Code to require a policy of accident or health insurance to provide coverage for medically necessary expenses for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility to an enrollee. Prohibits a policy from imposing a deductible, coinsurance, copayment, or any other cost-sharing requiring on coverage for contraceptives and does not apply to coverage of voluntary male sterilization procedures to the extent that such coverage would disqualify a high-deductible health plan from eligibility for a health savings account. Effective January 1, 2019

HB 4795/P.A. 100-0759 (Rep. Demmer/Sen. Syverson) Substance Use Disorder changes the Alcoholism and Other Drug Abuse and Dependency Act to the Substance Use Disorder Act, defines "substance use disorder", and removes certain terms and their definitions. Requires Illinois DHS to encourage all health and disability insurance programs to include substance use disorder treatment as a covered service and to use evidence-based best practice criteria as maintained in administrative rule and required in P.A. 99-0480 in determining the necessity for such services and continued stay. Effective January 1, 2019

SB 2826/P.A. 100-0714 (Sen. Morrison/Rep. Olson) Human Rights-Protection Status: amends the Human Rights act to include status as a person protected under the Protective Orders Article of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, and the Civil No Contact Order Act to the "order of protection status". Effective January 1, 2019

SB 2999/P.A. 100-1094 (Sen. Van Pelt/Rep. Conyears-Ervin) Employee Expenses Reimbursement: amends the Wage Payment and Collection Act to require an employer to reimburse an employee for all necessary expenditures or losses incurred by the employee directly related to services performed for the employer. The expenditure must be within the scope of employment. An employer is not responsible for losses due to an employee's own negligence, losses due to normal wear, or losses due to theft unless the theft was the result of the employer's negligence. If an employer has a written expense reimbursement policy that establishes specifications or guidelines for necessary expenditures, then the employer is not liable for the portion of the expenditure amount that exceeds the specifications or guidelines of the policy. Effective January 1, 2019

SB 3547/P.A. 100-1101 (Sen. T. Cullerton/Rep. Chapa LaVia) Service Member Employment Creates the Service-Member Employment and Reemployment Rights Act concerning matters relevant to the employment rights of service-members, including employment protections, additional benefits for public employee members of a reserve component, prohibitions on discrimination, a notice of rights and duties, violations, enforcement, remedies, and rulemaking. Effective January 1, 2019

SHRM Resources:

IL SHRM - Governmental Affairs Pending Legislative Tracking System (IL an U.S.) http://ilshrm.org/governmental-affairs/

National SHRM -   https://www.shrm.org/pages/default.aspx choose: Resources & Tools; Legal Compliance; topic and state for specific areas of interest

Also see what is trending at: Express Requests: Trending Topics

 

 

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Legislative Flash Update

November 15, 2018

Legislative Flash Update

Midterm election impacts provided by SHRM national.

Impact of the Midterms on the Workplace

  Five hot topics post-election:

               Workplace Immigration

               Workforce Development

               Workplace Equity

               Workflex and Paid Leave

               Healthcare

 

 Plan to attend the:

2019 SHRM Employment Law & Legislative Conference

March 18-20, 2019 in Washington, D.C.

 

Appeals Court Rules DACA Renewals Can Continue

 

Workplace May Be New Battleground for 2019-20 Congress

 

Resources for Illinois Specific Legislation

IL SHRM Governmental Affairs

An additional great resource is the Illinois Chamber of Commerce at https://www.ilchamber.org/ go to "councils" then "employment law" to access past Employment Law Council Newsletters.

 

Linda Smith, SHRM-SCP                                                                DSHRM Legislative Director

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Legislative Flash Update

An additional great resource is the Illinois Chamber of Commerceat https://www.ilchamber.org/go to "councils" then "employment law" to access past Employment Law Council Newsletters.

 

Thank you to Employment Law Council Newsletterfor the below information:

 

Upcoming Veto Overrides During the November 2018 Veto Session

SB 904(Hastings/Hoffman) will allow medical providers to pursue workers' compensation medical bill payment issues in circuit court. No other state in the country allows bill collection issues to proceed in court before the issue is resolved administratively. There are a number of changes proposed in this measure that we believe will work against employers' abilities to control medical costs, increases litigation and workers' compensation premiums. ELC OPPOSES A MOTION TO OVERRIDE Governor Amendatory Veto Message

SB 1737 (Muñoz/Hoffman) which makes changes to the workers' compensation insurance rates overseen by the Illinois Department of Insurance (DOI). Those changes will take Illinois from its current competitive marketplace approach to requiring an insurer/rating organization to file its rates, manuals, rules, etc. with DOI 30 days before their use. DOI would have 30 days from the filing to approve or disapprove the rates. It also, requires a company that intends to deviate from the filing of a licensed rating organization of which it is a member, the company shall provide the Director with supporting information that specifies the basis for the requested deviation and provides justification for the deviation. At renewal, if a rate is greater than 5% more than the rate filed with DOI, a notice of the increase must be provided to the policyholder 30 days prior to renewal. The following additional non-workers' compensation changes are in this legislation as well:

  • Creates the Short-Term, Limited-Duration Health Insurance Coverage Act;
  • Creates the Domestic Stock Company Division Law in the Insurance Code; and
  • Amends the Domestic Captive Insurance Companies Article of the Insurance Code regarding the authority and restrictions on captive insurers.

 

The Governor's AV eliminated the workers' comp and short-term health policy provisions from the bill. Governor's Veto Message

HB 4163 (Moeller/Castro) amends the Equal Pay Act of 2003 prohibiting an employer from inquiring about salary and wage history by adding new standards that limit employer defenses and adding new compensatory and punitive damage penalties on businesses who are not compliant. ELC OPPOSES A MOTION TO OVERRIDE Governor Amendatory Veto Message .

HB 4572(Guzzardi/Castro) amends the Illinois Human Rights Act to redefine "employer" to include any person employing one (currently 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. ELC OPPOSES A MOTION TO OVERRIDE Governor Veto Message

HB 4743 (Ford/Lightford) amends the Equal Pay Act providing that no employer may discriminate between employees by paying wages to an African-American employee at a rate less than the rate at which the employer pays wages to another employee who is not African-American for the same or substantially similar work on a job that requires equal skill, effort, and responsibility and is performed under similar working conditions. Governor's Amendatory Veto Message

 

Linda Smith, SHRM-SCP, DSHRM Legislative Director

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