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Pending HR Legislation in Illinois

    May 3, 2019

    Illinois Minimum Wage – Increasing January 1, 2020 to $9.25 per hour and then again on July 1, 2020 to $10.00 per hour. Over the next five years, minimum wage will increase each year, until it is $15.00 on January 1, 2025.

    Overtime – Department of Labor issued a new proposed rule to increase the minimum salary basis for FLSA exemptions from $455 per week ($23,660) to $679 per week ($35,308).

    Illinois legislature has also proposed bills that directly impact Illinois employers, including:

    SB 1596 – Workers’ Compensation Repose – Status: To Governor – To overturn Illinois Supreme Court Folta decision limiting employees exposed to hazardous materials like asbestos to claims under workers compensation, rather than civil actions.

    SB 1829 – Workplace Transparency Act – Would create the Workplace Transparency Act and make changes to the Illinois Uniform Arbitration Act, Human Rights Act, Freedom to Work Act and VESSA: * Prohibits non-disclosure/disparagement or arbitration clauses covering workplace discrimination, including sexual harassment or retaliation; * Prohibits Courts from entering an order that conceals information concerning a public hazard; * Requires employers to provide annual sexual harassment training, based on model created by IDHR; * Amends IHRA definition of "employee" to include contractors, subcontractors, vendors, consultants, or other persons providing services pursuant to a contract; * Expands the definition of "Sexual Harassment";

    1. Requires annual disclosures by certain employers to IDHR of settlements relating to allegations of discrimination or sexual harassment; * Prohibits non-disclosure agreements with "low-wage employees"; and * Amends VESSA to cover domestic violence, sexual violence and sexual harassment, restrict information employers may request from employees, set confidentiality obligations on employers and allow employees to file a DOL complaint or lawsuit for violations.

    HB 2343 – Healthy Workplace Act – Employers required to annually provide employees with five paid sick days. Similar to Chicago/Cook County Paid Sick Leave ordinances.

    SB 1466 – Equal Pay Act – Expands Equal Pay Act to prohibit discrimination with respect to wages on the basis of sex, race, color, national origin or ancestry.