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

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

Welcome to DSHRM's Legislative Connection. My name is Linda Smith and I am currently serving as the DuPage SHRM chapter, legislative director. I look forward to getting to know you at one of the chapter meetings/events.

I am excited about serving in this capacity. Withover 900 pieces of legislation related to labor and employment topics under consideration in the Illinois and U.S. congressional houses, we have a lot to talk about and a great many issues to follow. To help  our local chapter membership stay informed, each Legislative Connectioncommunication will include the following:

• Details related to the next scheduled DSHRM chapter meeting and networking events.
• Links to current legislation under congressional consideration as they relate to upcoming DSHRM program topics.
• Links to key resources that SHRM makes available at the National and State levels.

In addition to Legislative Connectioncommunications like this one, I will periodically send/post DSHRM Legislative Flash Updateson issues that may need your immediate focus and/or action.

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

In connection to our upcoming topic for the November 15th DSHRM meeting, follow the links to current legislation under congressional consideration in Illinois and U.S.

Below are links to key resources that SHRM makes available to help you stay informed.

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

Resources & Tools

Legal Compliance - choose topic and state for specific areas of interest

October 15, 2018 SHRM Article by Lisa Nagele-Piazza, J.D., SHRM-SCP 4 Ways to Reduce the Risk of Violence in the Workplace

Linda Smith, SHRM-SCP, DSHRM Legislative Director

Message from Linda:

I am an HR professional in transition. Currently, working part-time as an independent business and human resource consultant while I complete my Master of Science degree in Management and Leadership (December 2018) at Western Governors University. I have spent the last twelve years in higher education where I worked at the mid- and senior levels to build assessment into the institution's academic and business processes in a continuous improvement approach and to utilize human capital strategies to support organizational goal success. During these experiences, I monitored legislative impacts to higher education and facilitated cross-functional teams. I also served as a district representative and as vice-chair on the Council of Academic Professionals (CAP), an advisory committee to the Provost on legislative and human resource issues. Additional prior work experience includes serving as a business and HR generalist/manager in the industrial manufacturing and construction industries.  I hold a Bachelor of Science degree in Human Resource Management, with a minor in Psychology from Eastern Illinois University, and I am licensed as a Senior Certified Professional in the Society for Human Resource Management (SHRM-SCP).