SB3649sam001 103RD GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 3/21/2024

10300SB3649sam001 LRB103 36890 SPS 71313 a

AMENDMENT TO SENATE BILL 3649

AMENDMENT NO. ______. Amend Senate Bill 3649 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Worker Freedom of Speech Act.

Section 5. Findings; legislative intent.

(a) The General Assembly finds that it is in the public policy interests of the State for all working Illinoisans to have protections from mandatory participation in employer-sponsored meetings if the meeting is designed to communicate an employer's position on religious or political matters.

(b) Employees should not be subject to intimidation tactics, acts of retaliation, discipline, or discharge from their employer for choosing not to participate in employer-sponsored meetings.

Section 10. Definitions. As used in this Act:

"Department" means the Department of Labor.

"Director" means the Director of Labor.

"Employee" has the meaning given in Section 2 of the Illinois Wage Payment and Collection Act.

"Employer" has the meaning given in Section 2 of the Illinois Wage Payment and Collection Act. "Employer" includes the State or any political subdivision of the State, unit of local government, or State or local government agency.

"Interested party" means an organization that monitors or is attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements.

"Political matters" means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, proposals to change public policy, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization.

"Religious matters" means matters relating to religious belief, affiliation, and practice and the decision to join or support any religious organization or association.

"Voluntary" means, with respect to an action, that the action is not:

(1) incentivized by a positive change in any employment condition, including, but not limited to, any form of compensation or any other benefit of employment; and

(2) taken under threat of a negative change in any employment condition for non-attendance, including, but not limited to, the provisions set forth in Section 15, any negative performance evaluation, or any other adverse change in any form of compensation or any other benefit of employment.

Section 15. Employee protections. An employer or the employer's agent, representative, or designee may not discharge, discipline, or otherwise penalize, threaten to discharge, discipline, or otherwise penalize, or take any adverse employment action against an employee:

(1) because the employee declines to attend or participate in an employer-sponsored meeting or declines to receive or listen to communications from the employer or the agent, representative, or designee of the employer if the meeting or communication is to communicate the opinion of the employer about religious matters or political matters;

(2) as a means of inducing an employee to attend or participate in meetings or receive or listen to communications described in paragraph (1); or

(3) because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of this Act.

Section 20. Right of action. An aggrieved employee or interested party may bring a civil action to enforce any provision of this Act no later than one year after the date of the alleged violation or, where the aggrieved employee or interested party has timely filed a complaint with the Department as described in subsection (b) of Section 25, no later than 90 days after receiving a notice from the Department that the Department is taking no further enforcement action on that complaint. The civil action shall be filed in the circuit court where the violation is alleged to have occurred or where the principal office of the employer is located. A civil action may be brought by one or more employees for and on behalf of themselves and other employees similarly situated or by an interested party on behalf of an employee and other employees similarly situated. The court may award a prevailing employee or interested party 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. Powers of the Department.

(a) The Department shall inquire into any alleged violations of this Act to institute the actions for the penalties provided in this Section and to enforce the provisions of this Act. In addition to the relief set forth in Section 20, an employer shall be assessed a civil penalty of $1,000 for each violation of Section 15, payable to the Department. Each employee who is subject to a violation of Section 15 shall constitute a separate violation.

(b) An employee may file a complaint with the Department alleging violations of this Act by submitting a signed, completed complaint on the form provided by the Department and by submitting copies of all supporting documentation. A complaint shall be filed within one year after the date of the violation. The Department shall review a complaint to determine whether there is cause and sufficient resources for investigation.

(c) The Department shall have the following powers:

(1) Investigate and attempt equitably to adjust controversies between employees and employers regarding claims arising under this Act, including administering oaths, subpoenaing and examining witnesses, issuing subpoenas duces tecum requiring the production of books, papers, records, and documents as may be evidence of any matter under inquiry, and examining and inspecting the books, papers, records, and documents as may relate to the question in dispute. Service of subpoenas shall be made by any sheriff or any person. Any court in this State, upon the application of the Department, may compel attendance of witnesses, the production of books and papers, and the giving of testimony before the Department by attachment for contempt or in any other way as the production of evidence may be compelled before the court.

(2) Take complaints of claims arising under this Act in the name of the Director and the Director's successors in office and prosecute actions for relief when, in the judgment of the Department, the claims are valid and enforceable in the courts. No court costs or any fees for necessary process and proceedings shall be payable in advance by the Department for prosecuting the actions. If there is a judgment rendered against the defendant, the court shall assess as part of the judgment the costs of the proceeding. Upon collection of the judgment, the Department shall pay from the proceeds of the judgment the amounts to the person entitled to compensation necessary to make the person whole, including reasonable attorney's fees and costs. The Department may join in a single proceeding any number of claims against the same employer, but the court shall have discretionary power to order a severance or separate trial for hearings.

(3) Make complaint in circuit court of violations of this Act.

In addition to these powers, subject to appropriation, the Department may establish an administrative procedure to adjudicate claims and to issue final and binding administrative decisions on claims subject to the Administrative Review Law. To establish the procedure, the Director may adopt rules. The adoption, amendment, or rescission of rules for the procedure shall be in conformity with the requirements of the Illinois Administrative Procedure Act. If a final and binding administrative decision issued by the Department requires an employer or other party to pay wages and other make whole relief, including reasonable attorney's fees and costs in connection with a claim, penalties, or other amounts in connection with a claim, and the employer or other party has neither: (i) made the required payment within 35 days after the issuance of the final and binding administrative decision; nor (ii) timely filed a complaint seeking review of the final and binding administrative decision pursuant to the Administrative Review Law in circuit court, the Department may file a verified petition against the employer or other party to enforce the final administrative decision and to collect any amounts due in connection therewith in the circuit court of any county where an office of the Department is located.

(d) Nothing in this Section shall be construed to prevent an employee or interested party from bringing a civil action for the employee's own claim for a violation of the Act as described in Section 20.

Section 30. 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 35. Exceptions. Nothing in this Act:

(1) prohibits communications of information that the employer is required by law to communicate, but only to the extent of the lawful requirement;

(2) limits the rights of an employer or its agent, representative, or designee to conduct meetings involving religious matters or political matters, so long as attendance is voluntary, or to engage in communications, so long as receipt or listening is voluntary;

(3) limits the rights of an employer or its agent, representative, or designee from communicating to its employees any information that is necessary for the employees to perform their required job duties;

(4) prohibits an employer from requiring an employee to attend diversity, equity, and inclusion programming, cultural competency education, or similar activities; or

(5) prohibits an institution of higher education, or any agent, representative, or designee of the institution, from conducting meetings or participating in any communications with its employees concerning any coursework, symposia, research, publication, or an academic program at the institution.".