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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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