New Year, New Laws

Last Tuesday, Jan. 1, 2019, 253 new laws went into effect into Illinois.  The complete list may be found here.  Below are some key pieces that employers should be aware of.

HB 1595/P.A. 100-1003 (Stuart/Haine) provides for reasonable break time (instead of “unpaid break time each day”) during the first year after the child’s birth each time the employee needs to express milk. The break time may run concurrently with any break time already provided to the employee and an employer may not reduce an employee’s compensation for time used for the purpose of expressing milk or nursing a baby. An employer shall provide reasonable break time as needed by the employee unless to do so would create an undue hardship as defined by the Illinois Human Rights Act.

HB 2617/P.A. 100-1102 (Gabel/Murphy) amends the Illinois Insurance Code to require a policy of accident or health insurance to provide coverage for medically necessary expenses for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility to an enrollee. Prohibits a policy from imposing a deductible, coinsurance, copayment, or any other cost-sharing requiring on coverage for contraceptives and does not apply to coverage of voluntary male sterilization procedures to the extent that such coverage would disqualify a high-deductible health plan from eligibility for a health savings account.

HB 4795/P.A. 100-0759 (Demmer/Syverson) defines “substance use disorder”, and removes certain terms and their definitions. Requires Illinois DHS to encourage all health and disability insurance programs to include substance use disorder treatment as a covered service and to use evidence-based best practice criteria as maintained in administrative rule and required in P.A. 99-0480 in determining the necessity for such services and continued stay.

SB 2826/P.A. 100-0714 (Morrison/Olson) amends the Human Rights act to include status as a person protected under the Protective Orders Article of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, and the Civil No Contact Order Act to the “order of protection status”.

HB 4275/P.A. 100-0658 (Andrade/Steans) amends the Physical Fitness Services Act by removing the arbitrary cap on how much gyms can charge for membership.

HB 4743/P.A. 100-1140 (Ford/Lightford) amends the Equal Pay Act of 2003. Provides 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.

HB 5253/P.A. 100-0688 (Sente/Althoff) amends the Illinois Procedure Act to require state agencies to issue an economic impact analysis when proposing new rules or amendments that affect small businesses.

SB 2999/P.A. 100-1094 (Van Pelt/Conyears-Ervin) amends the Wage Payment and Collection Act to require an employer to reimburse an employee for all necessary expenditures or losses incurred by the employee directly related to services performed for the employer. The expenditure must be within the scope of employment. An employer is not responsible for losses due to an employee’s own negligence, losses due to normal wear, or losses due to theft unless the theft was the result of the employer’s negligence. If an employer has a written expense reimbursement policy that establishes specifications or guidelines for necessary expenditures, then the employer is not liable for the portion of the expenditure amount that exceeds the specifications or guidelines of the policy.

SB 3285/P.A. 100-1084 (Sims/Bristow) this new law creates the Illinois Home Grown Business Opportunity Act. Provides that the Department of Commerce and Economic Opportunity shall develop an economic plan to assist businesses and municipalities located geographically close to bordering states.

SB 3527/P.A. 100-0629 (Stadelman/Gordon-Booth)  this law amends the Illinois Income Tax Act and in a section concerning a credit for qualified expenditures incurred in the restoration and preservation of a qualified historic structure located in a River Edge Redevelopment Zone, provides that the total amount of such expenditures (i) must equal $5,000 or more and (ii) must exceed the adjusted basis of the qualified historic structure on the first day the qualified rehabilitation plan begins (currently the total amount of such expenditures (i) must equal $5,000 or more and (ii) must exceed 50% of the purchase price of the property).

SB 3547/P.A. 100-1101(T. Cullerton/Chapa LaVia) Service Member Employment Creates the Service-Member Employment and Reemployment Rights Act concerning matters relevant to the employment rights of service-members, including employment protections, additional benefits for public employee members of a reserve component, prohibitions on discrimination, a notice of rights and duties, violations, enforcement, remedies, and rulemaking.

Comments are closed.