A slew of pro-employee legislative developments in Illinois

This is based on the article “New Illinois Laws Add To Employer Obligations And Liability,” linked below under Labor & Employment Articles from Mondaq.com

The Illinois legislature and governor have been busy making their great state even less hospitable to business. Good news for those trying to attract business across the river in Missouri.

Here’s what they’ve done:

1) Victims’ Economic Safety and Security Act effective August 25, 2003, applicable to private-sector employers with 50 or more employees, as well as all public-sector employers. Similar to FMLA, but provides employees who are victims of domestic or sexual abuse, and those with family members who are such victims, with up to 12 weeks of unpaid leave within a 12- month period. The law also requires employers to reasonably accommodate the “known limitations” of a victim of domestic or sexual abuse or of a family or household member of a victim.

2) An amendment to the Illinois Criminal Identification Act, effective January 1, 2004, requires that employers who inquire into an applicant’s criminal history add to their applications specific language which affirmatively states that the applicant is not obligated to disclose sealed or expunged records of convictions or arrests. Nor may employers ask if an applicant has had records expunged or pardoned.

Whistleblower Protection for Private Sector Employees

3) “Effective January 1, 2004, Illinois private employers of every size will be prohibited from enforcing any rule or policy that prevents an employee from disclosing information in good faith about a violation of a federal, state or local law to a governmental or law enforcement agency. It also prohibits an employer from retaliating against an employee for “whistleblowing” to a government agency. Further, employers cannot retaliate against an employee who refuses to participate in an activity that would result in a violation of state or federal law.”

“The new state law codifies what already is known and prohibited as “retaliatory discharge” under the common law of Illinois and many other states. However, it goes further by not limiting its protections to discharge.”

4) New Illinois Equal Pay Act broader than Federal counterpart, effective January 1, 2004, “prohibits employers with four or more employees from paying unequal wages to men and women for doing the same or substantially similar work, requiring equal skill, effort and responsibility, under similar working conditions for the same employer in the same county. Discrepancies in wages in these situations are allowed where the wage difference is based upon a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or a factor other than gender.”

“The new Illinois law looks to county-wide comparables, rather than facility-based comparables used under federal law. That is to say, employees within the same county performing substantially similar work—let alone the same physical place of business—will have to be paid equally absent gender-neutral distinctions.”

“Further, in contrast to existing law, the new Act increases the time period for employer liability. The old Illinois Equal Wage Act required employees to bring an action within six months after the alleged violation. The new Illinois law allows actions to be brought up to three years after the employee learns of the underpayment.”

“Under the new Act, employees cannot be penalized for discussing or comparing their wages or the wages of other employees ‘with each other” or “among themselves.’ ”

5) “On January 1, 2004, the state minimum wage will increase from $5.15 to $5.50 per hour. The wage will be raised again on January 1, 2005 to $6.50 per hour. To put this into perspective, this increase is greater, on average, than 75 percent of other state increases across the country for the same time frame.”

6) “Effective January 1, 2004, state workers will be covered by the federal ADEA, Title VII, ADA, FMLA and FLSA.”

7) “Effective January 1, 2004, amendments to the Employment of Strikebreakers Act and the Day and Temporary Services Act will prevent employers from contracting with day and temporary labor service firms in an effort to replace workers during a lockout or strike.”

8) “Effective immediately, . . . public employees are now allowed to form unions based on card-check recognition. . . . Noteworthy to public employers will be the lack of time they have to mount any type of campaign against certification.”

Wow, they sure were busy helping employees and unions. What have they done to help employers, such as dealing with the litigation cesspool in Madison and St. Clair counties, and the rampant forum shopping to get cases heard there, which has gained national noteriety? Nothing I’m aware of.

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