Labor & Workers’ Compensation Law Updates for 2024

January 25, 2024

P.A. 103-0282 (HB 1363) (Rep. Guzzardi, Sen. Villa) – GENDER VIOLENCE- EMPLOYER DUTY

This new legislation provides that an employer is only liable for gender-related violence committed in the workplace (rather than the work environment) by an employee or agent of the employer when the gender-related, violent interaction arises out of and in the course of employment with the employer. Further, it provides that nothing in the Act precludes a person who has been the victim of gender-related violence from pursuing any other right or cause of action created by statute or common law. Effective January 1, 2024.

P.A. 103-0327 (HB 2845) (Rep. Vella, Sen. Loughran Cappel) – BIOSOLIDS

This legislation amends the Prevailing Wage Act, providing that the definition of “public works” also includes the removal, hauling, transportation, and removal of biosolids, lime sludge and lime residue from a water treatment plant or facility. Effective January 1, 2024.

P.A. 103-0539 (HB 3129) (Rep. Canty, Sen. Pacione-Zayas) – EQUAL PAY ACT, PAY SCALE

This new legislation makes it unlawful for an employer with 15 or more employees to fail to include the pay scale for a position in any job posting. It provides that if an employer engages a third party to announce, post, publish or otherwise make known a job posting, the employer shall provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party shall include the pay scale and benefits, or a hyperlink to them, in the posting. Effective January 1, 2024.

P.A. 103-0346 (HB 3370) (Rep. Vella, Sen. Castro) – PREVAILING WAGE – POWER WASHING

This new legislation establishes that the definition of “public works” includes power washing projects by a public body or those that are paid for wholly or in part out of public funds in which steam or pressurized water, with or without added abrasives or chemicals, is used to remove paint or other coatings, oils or grease, corrosion or debris from a surface or to prepare a surface for coating. Effective January 1, 2024.

P.A. 103-0045 (HB 3396) (Rep. Yednock, Sen. Villivalam) – LABOR DISPUTE VIOLATION

This new legislation provides that any person with the intent of obstructing, impeding, or otherwise interfering with a picket line commits a Class A misdemeanor and incurs a minimum fine of $500. Effective January 1, 2024.

P.A. 103-0450 (HB 3516) (Rep. Syed, Sen. Villivalam) – EMPLOYEE ORGAN DONATION

This new legislation stipulates that an employee may use up to 5 days of leave in any 12-month period to serve as an organ donor. Effective January 1, 2024.

P.A. 103-0359 (HB 3792) (Rep. Walsh Jr., Sen. Stadelman) – LIGHT POLES

This legislation amends the Prevailing Wage Act, providing that the definition of “public works” includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. It further provides for an exception if the project is performed by employees employed directly by the public body. Effective January 1, 2024.

P.A. 103-0347 (HB 3400) (Rep. Guzzardi, Sen. Hunter) – PUBLIC WORKS REPORT

This new legislation provides that the Department of Labor must report quarterly (rather than annually) to the General Assembly and the Governor regarding the number of people employed on each public works project during the preceding three months. Additionally, it provides that the report shall identify every public works project in the state by project name and contractor name and include the demographics of the workers on the project by percentage, including gender, race and ethnicity, broken down by the following categories: (i) type of trade; (ii) whether the worker is a journey worker or apprentice; and (iii) total work hours performed. Effective January 1, 2024.

P.A. 102-1143 (SB 0208) (Sen. Lightford, Rep. Gordon-Booth) – PAID LEAVE FOR ALL WORKERS ACT

This new legislation creates the Paid Leave for All Workers Act which requires employers to provide paid leave to employees for any purpose. It also sets forth provisions regarding employer responsibilities, unlawful employer practices, and other matters. It further provides that an employee who works in Illinois is entitled to earn and use a minimum of 40 hours of paid leave during a 12-month period. It also makes it unlawful for an employer to interfere with, restrain, deny, change scheduled workdays or hours to avoid paid leave, or discipline an employee for the exercise of any rights under the Act. It also authorizes the Department of Labor to administer and enforce the Act and creates the Paid Leave for All Workers Fund as a special fund in the state treasury. Effective January 1, 2024.

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