Subject Index Labor Law

The Illinois General Assembly amended the Child Labor Law. “Vloggers” are people who create internet video content performed in Illinois in exchange for compensation.

The Illinois General Assembly amended the Prevailing Wage Act. Any laborer, worker, or mechanic who is employed by a contractor, or by any lower tier subcontractor, and is paid for services in an amount less than the prevailing wage rate for work performed on a project, shall

The Illinois General Assembly amended the One Day Rest in Seven Act. The amendment modifies the timing for granting employees a required 24-hour rest period and additional meal periods. It also imposes new civil penalties against covered employers who violate certain sections of the Act.

The Department of Labor (DOL) adopted amendments to the Part titled Equal Pay in Employment, which implements section 11 of the Equal Pay Act of 2003 (Act). The Act requires Illinois businesses employing more than 100 employees to file annual reports with the U.S. Equal Employment Opportunity Commission to apply for equal-pay registration certificates from the DOL every two years.

The Illinois Labor Relations Board adopted amendments to the Representation Proceedings Part of the Illinois Public Relations Act. The amendment authorizes employees to show interest in joining or forming bargaining units through electronic signature.

The Department of Labor adopted amendments to the Amusement Ride and Attraction Safety Act, adding requirements for trampoline courts undergoing major modifications. Major modifications include changes in a trampoline court’s structural or operational characteristics that can alter its performance from that specified in the manufacturer’s design criteria.

The Department of Labor amended Health and Safety regulations to reflect updates to the Illinois Occupational Safety and Health Act (OSHA). New Form 300—a yearly summary log of injuries and illnesses—requires employers to keep records of all recordable occupational injuries and illnesses for that workplace.

The Department of Labor adopted amendments to the Part titled Child Labor Law. The amendment updates rules for child performers, defined as unemancipated persons under 16 who perform in live or prerecorded radio, television, motion pictures, and other entertainment.

The Department of Labor adopted an amendment to the Part titled Employee Classification.

On May 20, 2021, the Illinois Supreme Court held that a public contractor cannot be liable under section 11 of the Illinois Prevailing Wage Act for failing to pay prevailing wages when the contract did not provide a clear notice that prevailing wages be paid.

The Illinois Labor Relations Board adopted amendments to its general procedures allowing for remote hearings through video conferencing technology.

The Illinois Educational Labor Relations Board adopted an amendment to its general procedures in an effort to accommodate changes in the board’s activities due to the COVID-19 pandemic. Since some educational offices and educational employee representative offices are still closed, the amendment implements a procedure for electronic service of documents that is in the best interests of the board and the parties appearing before it.

The Illinois Labor Relations Board adopted an amendment to authorize email service of unfair labor-practice charges by the charging party upon the respondent, with the respondent’s consent.

On Sept. 24, 2020, the Illinois Supreme Court held that workers’ compensation claims require no additional evidence when the injury arises out of an employment-related risk, even when the injury stems from common bodily movements.

Under a new Illinois law, local governments will no longer be able to pass right-to-work ordinances. Gov. Pritzker signed into law the Collective Bargaining Freedom Act, which became effective April 12, 2019.

This Act may be referred to as the Lifting Up Illinois Working Families Act. The Minimum Wage Law is amended by changing sections 4, 7, 10, 11, and 12 to provide for emergency rulemaking, establish penalties for employers who fail to comply with this Act, empower the director to perform random audits of employers in any industry subject to this Act to determine compliance with this Act, and enact other similar amendments.

The Prevailing Wage Act was amended to include a call for a study on diversity in public works as well as to clarify the way prevailing wages are set locally and objected to.

There is an exception to the general rule that an individual employee may not bring suit to appeal an arbitration decision under a collective bargaining agreement if the union breaches its duty of fair representation.

The Board recently adopted an emergency amendment to Section 1200.50 Recording of Hearings that requires parties to equally share all costs charged to the Board by a stenographer. 80 Ill. Adm. Code 1200 (eff. July 15, 2015).

The Illinois Minimum Wage Law's overtime compensation provision has been amended to add an additional exemption to the standard 1 1/2 times pay for work done past 40 hours per week.

The Department of Labor, in accordance with legislative amendments to the Employee Classification Act, revised the regulations governing Employee Classifications to expand the definition of an "individual performing services."

Under the recently amended Illinois Public Labor Relations Act, employers have no affirmative duty to bargain with employees for matters regarding changes, impact of changes, and implementation of changes made to Articles 14, 15, and 16 of the Illinois Pension Code.

On May 6, 2014, the Fourth District Appellate Court held that safeguarding a public employee's right of nonassociation with a union under § 6(g) of the Illinois Public Labor Relations Act (the "Act") requires the escrow of fair-share dues pending resolution of the employee's claim.

The Illinois Education Labor Relations Board (the "Board") passed amendments relating to its "General Procedures" (80 Ill. Adm. Code 1100), "Collective Bargaining and Impasse Resolution" (80 Ill. Adm. Code 1130), the "University of Illinois Bargaining Units" (80 Ill. Adm. Code 1135), and "Representation Procedures" (Ill. Adm. Code 1110).