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.

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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.)

National SHRM - choose: Resources & Tools; Legal Compliance; topic and state for specific areas of interest

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