Bill Status of HB 3129   103rd General Assembly

Short Description:  EQUAL PAY ACT-PAY SCALE

House Sponsors
Rep. Mary Beth Canty-Anna Moeller-Janet Yang Rohr-Marcus C. Evans, Jr.-Lakesia Collins, Martin J. Moylan, Michael J. Kelly, Carol Ammons, Kelly M. Cassidy, Dagmara Avelar, Will Guzzardi, Theresa Mah, Hoan Huynh, Edgar Gonzalez, Jr., Sonya M. Harper, Mary E. Flowers, Camille Y. Lilly, Emanuel "Chris" Welch, Mark L. Walker, Debbie Meyers-Martin, Kimberly Du Buclet, Joyce Mason, Sharon Chung, Nicholas K. Smith, Lilian Jiménez and Jonathan Carroll

Senate Sponsors
(Sen. Don Harmon-Ann Gillespie-Ram Villivalam-Celina Villanueva-Robert Peters, Mary Edly-Allen, Rachel Ventura, Mike Simmons and Javier L. Cervantes)


Last Action  View All Actions

DateChamber Action
  8/11/2023HousePublic Act . . . . . . . . . 103-0539

Statutes Amended In Order of Appearance
820 ILCS 112/10
820 ILCS 112/30

Synopsis As Introduced
Amends the Equal Pay Act of 2003. Provides that it is unlawful for an employer with 15 or more employees to fail to include the pay scale for a position in any job posting. Provides that if an employer with 15 or more employees engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale to the third party and the third party shall include the pay scale in the job posting. Defines "pay scale". Makes conforming changes to provisions concerning violations of the Act and fines and penalties. Effective immediately.

House Floor Amendment No. 1
Adds reference to:
820 ILCS 112/20

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Further amends the Equal Pay Act of 2003. Provides that an employer shall be liable for a third party's failure to include the pay scale and benefits in a job posting. Provides that an employer shall announce, post, or otherwise make known all opportunities for promotion to all current employees no later than the same calendar day that the employer makes an external job posting for the position. Provides that an employer shall make and preserve records that document the pay scale and benefits for a position. Provides that the Department of Labor may initiate investigations of alleged violations of provisions concerning disclosing a pay scale in job postings. Provides that, if the Department determines that a violation occurred, the employer shall have 7 days upon receipt of notice of a violation from the Department to remedy the violation. Provides that the employer shall demonstrate to the Department that the violation has been remedied or the employer shall be subject to a civil penalty of $100 per day for each day that a violation continues after the 7-day notice period. Effective January 1, 2024 (rather than effective immediately).

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Equal Pay Act of 2003. Provides that provisions requiring the posting of pay scale and benefits only applies to positions that will be physically performed, at least in part, in Illinois, or positions that will be physically performed outside of Illinois, but the employee reports to a supervisor, office, or other work site in Illinois. Provides that nothing prohibits an employer or employment agency from asking an applicant about his or her wage or salary expectations for the position the applicant is applying for. Provides that an employer or employment agency shall disclose to an applicant for employment the pay scale and benefits to be offered for the position prior to any offer or discussion of compensation and at the applicant's request, if a public or internal posting for the job, promotion, transfer, or other employment opportunity has not been made available to the applicant. Provides that an employer shall make and preserve records that document the pay scale and benefits for a position. Provides that the Department of Labor may initiate investigations of alleged violations of provisions concerning disclosing a pay scale in job postings. Provides that the Department may investigate and levy civil penalties against employers that violate provisions concerning the posting of pay scale and benefits. Defines "pay scale and benefits". Effective January 1, 2025 (rather than effective January 1, 2024).

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Provides that if an employer engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party shall include the pay scale and benefits, or a hyperlink to the pay scale and benefits, in the job posting. Provides that the Department of Labor, during its investigation of a complaint, shall make a determination as to whether a job posting is not active by considering the totality of the circumstances, including, but not limited to: (i) whether a position has been filled; (ii) the length of time a posting has been accessible to the public; (iii) the existence of a date range for which a given position is active; and (iv) whether the violating posting is for a position for which the employer is no longer accepting applications. Makes other changes. Effective January 1, 2025.

Actions 
DateChamber Action
  2/16/2023HouseFiled with the Clerk by Rep. Mary Beth Canty
  2/17/2023HouseFirst Reading
  2/17/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Labor & Commerce Committee
  3/7/2023HouseAdded Chief Co-Sponsor Rep. Anna Moeller
  3/7/2023HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/7/2023HouseAdded Co-Sponsor Rep. Martin J. Moylan
  3/8/2023HouseDo Pass / Short Debate Labor & Commerce Committee; 018-010-000
  3/9/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2023HouseAdded Co-Sponsor Rep. Michael J. Kelly
  3/20/2023HouseAdded Co-Sponsor Rep. Carol Ammons
  3/20/2023HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/20/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/20/2023HouseAdded Co-Sponsor Rep. Will Guzzardi
  3/20/2023HouseAdded Co-Sponsor Rep. Theresa Mah
  3/21/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Mary Beth Canty
  3/21/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/21/2023HouseAdded Co-Sponsor Rep. Hoan Huynh
  3/21/2023HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr.
  3/21/2023HouseAdded Co-Sponsor Rep. Sonya M. Harper
  3/22/2023HouseHouse Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee
  3/22/2023HouseAdded Chief Co-Sponsor Rep. Janet Yang Rohr
  3/22/2023HouseChief Co-Sponsor Changed to Rep. Janet Yang Rohr
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  3/23/2023HouseRemoved Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/23/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 018-009-000
  3/24/2023HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/24/2023HouseHouse Floor Amendment No. 1 Adopted
  3/24/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2023HouseThird Reading - Short Debate - Passed 060-037-000
  3/24/2023HouseVerified
  3/24/2023HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/27/2023SenateArrive in Senate
  3/27/2023SenatePlaced on Calendar Order of First Reading
  3/27/2023SenateChief Senate Sponsor Sen. Rachel Ventura
  3/27/2023SenateFirst Reading
  3/27/2023SenateReferred to Assignments
  3/28/2023SenateAlternate Chief Sponsor Changed to Sen. Cristina H. Pacione-Zayas
  4/10/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Ann Gillespie
  4/17/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Ram Villivalam
  4/18/2023SenateAssigned to Executive
  4/18/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Celina Villanueva
  4/18/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Robert Peters
  4/27/2023SenatePostponed - Executive
  4/28/2023SenateRule 2-10 Committee Deadline Established As May 6, 2023
  5/3/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Cristina H. Pacione-Zayas
  5/3/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/3/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  5/4/2023SenateSenate Committee Amendment No. 1 Adopted; Executive
  5/4/2023SenateDo Pass as Amended Executive; 008-004-000
  5/4/2023SenatePlaced on Calendar Order of 2nd Reading May 5, 2023
  5/5/2023SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Cristina H. Pacione-Zayas
  5/5/2023SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/9/2023SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  5/10/2023SenateSecond Reading
  5/10/2023SenatePlaced on Calendar Order of 3rd Reading May 11, 2023
  5/10/2023SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
  5/10/2023SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 009-004-000
  5/11/2023SenateRecalled to Second Reading
  5/11/2023SenateSenate Floor Amendment No. 2 Adopted; Pacione-Zayas
  5/11/2023SenatePlaced on Calendar Order of 3rd Reading
  5/11/2023SenateThird Reading - Passed; 035-019-000
  5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Rachel Ventura
  5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Mike Simmons
  5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Javier L. Cervantes
  5/11/2023HouseArrived in House
  5/11/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/12/2023HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Mary Beth Canty
  5/12/2023HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Mary Beth Canty
  5/12/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/12/2023HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/15/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Labor & Commerce Committee
  5/15/2023HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Labor & Commerce Committee
  5/16/2023HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 016-008-000
  5/16/2023HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 016-008-000
  5/17/2023HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  5/17/2023HouseAdded Co-Sponsor Rep. Mark L. Walker
  5/17/2023HouseAdded Chief Co-Sponsor Rep. Lakesia Collins
  5/17/2023HouseAdded Co-Sponsor Rep. Debbie Meyers-Martin
  5/17/2023HouseAdded Co-Sponsor Rep. Kimberly Du Buclet
  5/17/2023HouseSenate Committee Amendment No. 1 House Concurs 075-039-000
  5/17/2023HouseSenate Floor Amendment No. 2 House Concurs 075-039-000
  5/17/2023HouseHouse Concurs
  5/17/2023HousePassed Both Houses
  5/17/2023HouseAdded Co-Sponsor Rep. Joyce Mason
  5/17/2023HouseAdded Co-Sponsor Rep. Sharon Chung
  5/17/2023HouseAdded Co-Sponsor Rep. Nicholas K. Smith
  5/17/2023HouseAdded Co-Sponsor Rep. Lilian Jiménez
  5/17/2023HouseAdded Co-Sponsor Rep. Jonathan Carroll
  6/12/2023SenateAlternate Chief Sponsor Changed to Sen. Don Harmon
  6/15/2023HouseSent to the Governor
  8/11/2023HouseGovernor Approved
  8/11/2023HouseEffective Date January 1, 2025
  8/11/2023HousePublic Act . . . . . . . . . 103-0539

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