HB2975sam001 101ST GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 5/3/2019

10100HB2975sam001 LRB101 08706 JLS 60181 a

AMENDMENT TO HOUSE BILL 2975

AMENDMENT NO. ______. Amend House Bill 2975 by replacing everything after the enacting clause with the following:

"Section 5. The Uniform Arbitration Act is amended by adding Section 1.5 as follows:

(710 ILCS 5/1.5 new)

Sec. 1.5. Prohibition against requiring waiver of statutory rights as a condition of employment.

(a) In this Section:

"Employee" means any person employed by or suffered or permitted to work for an employer. "Employee" does not, however, mean any person employed as managerial, professional, or confidential employee as defined in subsection (c), (j), or (m) of Section 3 of the Illinois Public Labor Relations Act.

"Employer" means any person, either individual, corporation, partnership, agency, or firm, that employs an employee and includes any person, either individual, corporation, partnership, agency, or firm, acting directly or indirectly in the interest of an employer in relation to an employee, as well as the State of Illinois; any political subdivision of the State, unit of local government or school district; State college or university; fire protection district; authorities including departments, divisions, bureaus, boards, commissions, or other agencies of the foregoing entities; and any person acting within the scope of his or her authority, express or implied, on behalf of those entities in dealing with its employees.

"Person seeking employment" means any person seeking to be employed by an employer. "Person seeking employment" does not, however, mean any person seeking to become a managerial, professional or confidential employee as defined in subsection (c), (j), or (m) of Section 3 of the Illinois Public Labor Relations Act.

(b) Notwithstanding any provision of Illinois law to the contrary, no employer shall require as a condition or precondition of employment that any employee or person seeking employment waive, arbitrate, or otherwise diminish any existing or future claim, right, or benefit to which the employee or person seeking employment would otherwise be entitled under any provision of Illinois law or any federal law.

(c) Nothing in this Section prohibits a labor union and an employer from agreeing to an arbitration clause in the grievance resolution provisions of a collective bargaining agreement, however the existence of such an agreement does not waive an employee's individual right to file with the appropriate administrative agency or court.

Section 99. Effective date. This Act takes effect upon becoming law.".