Illinois: Recent Legislative Updates
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APPLIES TO As Indicated |
EFFECTIVE January 1, 2024
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QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
The conclusion of Illinois’ most recent legislative session has resulted in several additional laws that affect employee rights or employer obligations. Employers should begin to review these new and amended laws to prepare for their upcoming impacts. All bills go into effect January 1, 2024.
HB 1363 | Amended Gender Violence Act. The Illinois Gender Violence Act is amended to impose potential liability on a covered employer for gender-related violence that is committed in the workplace by an employee or agent of the employer, when the violence arises out of and in the course of employment. The amendment further indicates that an employer is only liable if it: (1) failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or (2) failed to investigate complaints or reports provided directly to management and the employer failed to take remedial action in response to the complaints or reports. The amended law does indicate that an employer who provides training pursuant to Section 2-109 of the Illinois Human Rights Act (i.e., meets the sexual harassment prevention training requirement), then the employer will have an affirmative defense that adequate training was provided to the employee.
HB 1540 | E-Cigarettes Prohibited in the Workplace. The Smoke Free Illinois Act will prohibit the use of electronic cigarettes in the workplace, by amending the definitions of “smoke” or “smoking” to include the use of E-cigarettes.
HB 2068 | Employee Transportation Benefits. The Illinois Transportation Benefits Program (TBP) Act will require covered employers to provide covered employees with a commuter benefit that allows them to use pre-tax dollars to purchase a transit pass or qualified parking via a payroll deduction. The TBP Act covers employees who work an average of at least 35 hours per week on a full-time basis. Covered employers include employers with at least 50 covered employees in specific geographic areas, at an address located within one (1) mile of a fixed route transit service. “Public Transit” is defined under the law as any transportation system within the authority and jurisdiction of the Regional Transportation Authority.
HB 3301 | Independent Contractor Reporting. The new hire reporting requirements under Illinois’ Unemployment Insurance Act are amended to require employer reporting of newly hired independent contractors.
Action Items
- Revise new hire reporting procedures to account for new reporting requirement of independent contractors.
- Review and revise workplace polices to account for employee transportation benefit requirement and e-cigarette prohibitions.
- Update payroll procedures to account for employee transportation benefit.
- Review workplace training procedures and employee complaint handling procedures for compliance with requirements under amended Gender Violence Act.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase