HB3249 104TH GENERAL ASSEMBLY

LRB104 11020 SPS 21102 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3249

Introduced 2/18/2025, by Rep. Lilian Jiménez

SYNOPSIS AS INTRODUCED:

New Act

Creates the Right to Sit at Work Act. Provides that an employer shall provide a suitable seat to an employee when the nature of the employee's work reasonably allows for seated work. Provides that on and after the effective date of the Act, an employer shall not design a work space to require standing if the work space could reasonably be designed to allow seated work. Provides for notice requirements. Provides for private rights of action and enforcement by the Department of Labor. Sets forth civil penalties for violations of the Act.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Right to Sit at Work Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of Labor.

"Employee" has the same application and meaning as that provided in Sections 1 and 2 of the Illinois Wage Payment and Collection Act.

"Employer" has the same application and meaning as that provided in Sections 1 and 2 of the Illinois Wage Payment and Collection Act.

Section 10. Employee protections.

(a) An employer shall provide a suitable seat to an employee when the nature of the employee's work reasonably allows for seated work.

(b) On and after the effective date of this Act, an employer shall not design a work space to require standing if the work space could reasonably be designed to allow seated work.

Section 15. Notice. Within 30 days after the effective date of this Act, an employer shall post and keep posted a notice of employee rights under this Act where employee notices are customarily placed.

Section 20. Right of action. An aggrieved employee may bring a civil action to enforce any provision of this Act no later than one year after the date of the alleged violation. A civil action may be brought by one or more employees for and on behalf of themselves and other employees similarly situated. The court may award a prevailing employee all appropriate relief, including injunctive relief, reinstatement to the employee's former position or an equivalent position, back pay, reestablishment of any employee benefits, including seniority, to which the employee would otherwise have been eligible if the violation had not occurred, and any other appropriate relief as deemed necessary by the court to make the employee whole. The court shall award a prevailing employee reasonable attorney's fees and costs.

Section 25. Violations and civil penalties. The Department shall inquire into any alleged violations of this Act and enforce the provisions of this Act. An employer shall be assessed a civil penalty of $1,000 for each violation of this Act, payable to the Department. Each employee who is subject to a violation of this Act shall constitute a separate violation.