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EMPLOYMENT (820 ILCS 98/) Workers' Rights and Worker Safety Act.

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    (820 ILCS 98/Art. 5 heading)
Article 5. Workers' Rights and Worker Safety Act
(Source: P.A. 104-161, eff. 8-14-25.)

    (820 ILCS 98/5-1)
    Sec. 5-1. Short title.
    (a) This Article may be cited as the Workers' Rights and Worker Safety Act.
    (b) As used in this Article, "this Act" refers to this Article.
(Source: P.A. 104-161, eff. 8-14-25.)

    (820 ILCS 98/5-5)
    Sec. 5-5. Definitions. As used in this Act:
    "Employee" has the meaning set forth in Section 2 of the Illinois Wage Payment and Collection Act.
    "Employer" means any individual, partnership, association, corporation, limited liability company, business trust, governmental, or quasi-governmental body that employs one or more employees. "Employer" does not include the federal government.
    "Federal coal mine safety law" means the Federal Coal Mine Health and Safety Act, 30 U.S.C. 801 et seq., and federal regulations adopted under that statute, Subchapter O of Chapter I of Title 30 of the Code of Federal Regulations, as these federal statutes and regulations exist on April 28, 2025.
    "Federal wage and hour law" means the federal Fair Labor Standards Act, 29 U.S.C. 201 et seq., and federal regulations adopted under that statute, Subtitle B of Chapter V of Title 29 of the Code of Federal Regulations, as these federal statutes and regulations exist on April 28, 2025.
    "State agency" means the Department of Labor or the Department of Natural Resources.
    "Stringent" means a law, rule, or standard's overall effectiveness in protecting the rights and safety of workers. A law, rule, or standard is considered to be more stringent if it imposes a safety requirement or obligation on employers that is stricter or more demanding than what is otherwise imposed by law or if it provides for greater rights, benefits, remedies, or procedures for employees than what is otherwise provided by law.
(Source: P.A. 104-161, eff. 8-14-25.)

    (820 ILCS 98/5-10)
    Sec. 5-10. Operative provisions for wage and hour laws and coal mine safety laws.
    (a) Except as authorized by State law enacted after April 28, 2025, a State agency may not amend or revise the State agency's rules in a manner that is less stringent in its protection of workers' rights or worker safety than the requirements established under federal wage and hour law or federal coal mine safety law, as the laws exist on April 28, 2025.
    (b) Nothing in this Act shall limit the authority of a State agency to establish workers' rights and worker safety requirements for this State that are more stringent than those provided under federal wage and hour law or federal coal mine safety law, as the laws exist on April 28, 2025.
    (c) If a federal wage and hour law or federal coal mine safety law is repealed, revoked, or amended in any manner that results in the federal protections of workers' rights or worker safety becoming less stringent, or if the applicable federal agency issues a new interpretation of the federal wage and hour law or federal coal mine safety law through an opinion letter, ruling letter, administrative interpretation, program policy manual, or program policy letter that results in the federal protections of workers' rights or worker safety becoming less stringent, and a State agency does not already have corresponding rules in place that are at least as stringent as the federal wage and hour law or federal coal mine safety law being repealed, revoked, amended, or newly interpreted, the applicable State agency or agencies shall, as soon as practical, adopt a rule that incorporates the federal wage and hour law or federal coal mine safety law being repealed, revoked, amended, or newly interpreted as a minimum requirement for this State. The State agency may also take additional action to maintain the protection of workers' rights or worker safety, including, but not limited to, recommending legislation and developing policy. Any requirement adopted by operation of this Section may be enforced through the existing enforcement procedures established under State law for violations of the Minimum Wage Law or the Coal Mining Act, as applicable, including applicable penalties and remedies.
(Source: P.A. 104-161, eff. 8-14-25.)

    (820 ILCS 98/5-15)
    Sec. 5-15. Implementation and reporting. Each State agency shall undertake all feasible efforts using the State agency's authority under State and federal law to implement and enforce this Act. Each State agency that takes actions to enforce this Act shall submit a report to the General Assembly at least once each year describing the State agency's compliance with this Act. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.
(Source: P.A. 104-161, eff. 8-14-25.)

    (820 ILCS 98/5-20)
    Sec. 5-20. Rulemaking authority. In order to comply with the requirements of this Act, the agency head of each applicable State agency, or the agency head's authorized representative, may adopt all necessary rules, in accordance with the requirements of the Illinois Administrative Procedure Act, to protect the rights and safety of workers.
(Source: P.A. 104-161, eff. 8-14-25.)

    (820 ILCS 98/5-25)
    Sec. 5-25. Severability. The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Source: P.A. 104-161, eff. 8-14-25.)


 
    (820 ILCS 98/Art. 10 heading)
Article 10. Safe and Healthy Workplace Act
(The Safe and Healthy Workplace Act is
compiled at 820 ILCS 226/)
(Source: P.A. 104-161, eff. 8-14-25.)


 
    (820 ILCS 98/Art. 15 heading)
Article 15. Amendatory Provisions
(Amendatory provisions; text omitted)
(Source: P.A. 104-161, eff. 8-14-25; text omitted.)


 
    (820 ILCS 98/Art. 99 heading)
Article 99. Effective Date
(Source: P.A. 104-161, eff. 8-14-25.)

    (820 ILCS 98/99-99)
    Sec. 99-99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 104-161, eff. 8-14-25.)