SB3079 104TH GENERAL ASSEMBLY

LRB104 16842 SPS 30252 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3079

Introduced 1/29/2026, by Sen. Paul Faraci

SYNOPSIS AS INTRODUCED:

New Act

Creates the Workplace Accountability in Labor Act. Provides that the Department of Labor may post to a list on its website the name of any person found to be in violation of any State wage, benefit, or tax law and against whom a final order has been issued. Provides that a person placed on the list shall be prohibited from contracting with any public body until the liability for violations of State wage, benefit, and tax laws has been resolved to the satisfaction of the Director of Labor. Sets forth additional procedures concerning a person's placement on the list.

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 Workplace Accountability in Labor Act.

Section 5. Definitions. As used in this Act:

"Contracting" means any arrangement giving rise to an obligation to supply any product or to perform any service for a public body, other than through State employment, or to supply any product to or perform any service for a private person where the State provides substantial financial assistance and retains the right to approve or disapprove the nature or quality of the goods or services or the persons who may supply or perform the goods or services.

"Department" means the Department of Labor.

"Director" means the Director of the Department of Labor or the Director's designee.

"Final order" means either a final administrative determination of the Director or other appropriate State agency officer issued following adjudication of a matter as a contested case under the Illinois Administrative Procedure Act, or where the Department or other appropriate State agency has made a finding regarding a violation of any State wage, benefit, and tax laws or regarding the levying of a penalty under any State wage, benefit, and tax laws, has notified the violator of the finding, and the violator has expressly waived the right to a hearing by virtue of having failed to request a hearing within the appropriate time limit established by law.

"Person" means any natural person, company corporate officer or principal, firm, association, corporation, contractor, subcontractor, or other entity engaged in contracting.

"Public body" means the State, any of its political subdivisions, any authority created by the General Assembly, and any instrumentality or agency of the State or of any of its political subdivisions.

"State wage, benefit, and tax laws" means the Equal Pay Act of 2003, the Prevailing Wage Act, the Minimum Wage Law, the Workers' Compensation Act, the Workers' Occupational Diseases Act, the Unemployment Insurance Act, and the Illinois Income Tax Act.

Section 10. Workplace accountability in labor list.

(a) The Department may post to a list on its website the name of any person found to be in violation of any State wage, benefit, or tax law and against whom a final order has been issued by the Director or other appropriate agency officer for any violation of State wage, benefit, and tax laws.

(b) If the person satisfies the entirety of the outstanding liability ordered by the court or the Director or a settlement is reached and all payments have been made in accordance with the settlement, prior to the anticipated date for posting of the name on the Department's website, the Department shall not post the person's name to the list.

(c) The Department shall update the list on a monthly basis, no later than the fifth day of each month. The Department shall remove the name of a person from the website within 15 days after the Department determines that the person has satisfied the entirety of the outstanding liability ordered by the court, the Director or other agency head, or made all payments in accordance with the settlement for a violation of any State wage, benefit, and tax laws.

(d) A person placed on the list shall be prohibited from contracting with any public body until the liability for violations of State wage, benefit, and tax laws has been resolved to the satisfaction of the Director.

(e) The Department shall provide notice to the person of its intent to post the name of the person on the Department's website 15 business days prior to the posting. That notice shall include the following:

(1) the name, email address, and telephone number of a contact person at the Department and a description of the procedure for removal of the posting;

(2) the specific details concerning the violations and a copy of the unsatisfied court final judgment or final order for any violation of State wage, benefit, and tax laws;

(3) notification that the person shall be prohibited from contracting with a public body if the liability is not resolved; and

(4) notification that the person can request a hearing in writing to the Director no later than 20 days after receipt of the notice of intent to place the person on the list.

(f) A person who receives a notice of intent under subsection (e) may request a hearing no later than 20 days after receipt of the notice of intent. All hearings requested in accordance with this Section shall be conducted in accordance with the provisions of the Illinois Administrative Procedure Act.

(g) The Director shall consider the following factors as material in each decision to place a person on the list under subsection (a):

(1) the record of previous violations;

(2) previous placement on the list by the Director;

(3) the frequency of violations by the person discovered in previous or still pending cases;

(4) the significance or scale of the violations;

(5) the existence of failure to pay;

(6) failure to cooperate or respond to a request to produce records, forms, documents, or proof of payments;

(7) submission of falsified or altered records, forms, documents, or proof of payment;

(8) failure to provide goods or services; and

(9) failure to comply with contract specifications.