Full Text of SB3649 103rd General Assembly
SB3649sam001 103RD GENERAL ASSEMBLY | Sen. Robert Peters Filed: 3/21/2024 | | 10300SB3649sam001 | | LRB103 36890 SPS 71313 a |
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| 1 | | AMENDMENT TO SENATE BILL 3649
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3649 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Worker Freedom of Speech Act. | 6 | | Section 5. Findings; legislative intent. | 7 | | (a) The General Assembly finds that it is in the public | 8 | | policy interests of the State for all working Illinoisans to | 9 | | have protections from mandatory participation in | 10 | | employer-sponsored meetings if the meeting is designed to | 11 | | communicate an employer's position on religious or political | 12 | | matters. | 13 | | (b) Employees should not be subject to intimidation | 14 | | tactics, acts of retaliation, discipline, or discharge from | 15 | | their employer for choosing not to participate in | 16 | | employer-sponsored meetings. |
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| 1 | | Section 10. Definitions. As used in this Act: | 2 | | "Department" means the Department of Labor. | 3 | | "Director" means the Director of Labor. | 4 | | "Employee" has the meaning given in Section 2 of the | 5 | | Illinois Wage Payment and Collection Act. | 6 | | "Employer" has the meaning given in Section 2 of the | 7 | | Illinois Wage Payment and Collection Act. "Employer" includes | 8 | | the State or any political subdivision of the State, unit of | 9 | | local government, or State or local government agency. | 10 | | "Interested party" means an organization that monitors or | 11 | | is attentive to compliance with public or worker safety laws, | 12 | | wage and hour requirements, or other statutory requirements. | 13 | | "Political matters" means matters relating to elections | 14 | | for political office, political parties, proposals to change | 15 | | legislation, proposals to change regulations, proposals to | 16 | | change public policy, and the decision to join or support any | 17 | | political party or political, civic, community, fraternal, or | 18 | | labor organization. | 19 | | "Religious matters" means matters relating to religious | 20 | | belief, affiliation, and practice and the decision to join or | 21 | | support any religious organization or association. | 22 | | "Voluntary" means, with respect to an action, that the | 23 | | action is not: | 24 | | (1) incentivized by a positive change in any | 25 | | employment condition, including, but not limited to, any |
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| 1 | | form of compensation or any other benefit of employment; | 2 | | and | 3 | | (2) taken under threat of a negative change in any | 4 | | employment condition for non-attendance, including, but | 5 | | not limited to, the provisions set forth in Section 15, | 6 | | any negative performance evaluation, or any other adverse | 7 | | change in any form of compensation or any other benefit of | 8 | | employment. | 9 | | Section 15. Employee protections. An employer or the | 10 | | employer's agent, representative, or designee may not | 11 | | discharge, discipline, or otherwise penalize, threaten to | 12 | | discharge, discipline, or otherwise penalize, or take any | 13 | | adverse employment action against an employee: | 14 | | (1) because the employee declines to attend or | 15 | | participate in an employer-sponsored meeting or declines | 16 | | to receive or listen to communications from the employer | 17 | | or the agent, representative, or designee of the employer | 18 | | if the meeting or communication is to communicate the | 19 | | opinion of the employer about religious matters or | 20 | | political matters; | 21 | | (2) as a means of inducing an employee to attend or | 22 | | participate in meetings or receive or listen to | 23 | | communications described in paragraph (1); or | 24 | | (3) because the employee, or a person acting on behalf | 25 | | of the employee, makes a good faith report, orally or in |
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| 1 | | writing, of a violation or a suspected violation of this | 2 | | Act. | 3 | | Section 20. Right of action. An aggrieved employee or | 4 | | interested party may bring a civil action to enforce any | 5 | | provision of this Act no later than one year after the date of | 6 | | the alleged violation or, where the aggrieved employee or | 7 | | interested party has timely filed a complaint with the | 8 | | Department as described in subsection (b) of Section 25, no | 9 | | later than 90 days after receiving a notice from the | 10 | | Department that the Department is taking no further | 11 | | enforcement action on that complaint. The civil action shall | 12 | | be filed in the circuit court where the violation is alleged to | 13 | | have occurred or where the principal office of the employer is | 14 | | located. A civil action may be brought by one or more employees | 15 | | for and on behalf of themselves and other employees similarly | 16 | | situated or by an interested party on behalf of an employee and | 17 | | other employees similarly situated. The court may award a | 18 | | prevailing employee or interested party all appropriate | 19 | | relief, including injunctive relief, reinstatement to the | 20 | | employee's former position or an equivalent position, back | 21 | | pay, reestablishment of any employee benefits, including | 22 | | seniority, to which the employee would otherwise have been | 23 | | eligible if the violation had not occurred, and any other | 24 | | appropriate relief as deemed necessary by the court to make | 25 | | the employee whole. The court shall award a prevailing |
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| 1 | | employee reasonable attorney's fees and costs. | 2 | | Section 25. Powers of the Department. | 3 | | (a) The Department shall inquire into any alleged | 4 | | violations of this Act to institute the actions for the | 5 | | penalties provided in this Section and to enforce the | 6 | | provisions of this Act. In addition to the relief set forth in | 7 | | Section 20, an employer shall be assessed a civil penalty of | 8 | | $1,000 for each violation of Section 15, payable to the | 9 | | Department. Each employee who is subject to a violation of | 10 | | Section 15 shall constitute a separate violation. | 11 | | (b) An employee may file a complaint with the Department | 12 | | alleging violations of this Act by submitting a signed, | 13 | | completed complaint on the form provided by the Department and | 14 | | by submitting copies of all supporting documentation. A | 15 | | complaint shall be filed within one year after the date of the | 16 | | violation. The Department shall review a complaint to | 17 | | determine whether there is cause and sufficient resources for | 18 | | investigation. | 19 | | (c) The Department shall have the following powers: | 20 | | (1) Investigate and attempt equitably to adjust | 21 | | controversies between employees and employers regarding | 22 | | claims arising under this Act, including administering | 23 | | oaths, subpoenaing and examining witnesses, issuing | 24 | | subpoenas duces tecum requiring the production of books, | 25 | | papers, records, and documents as may be evidence of any |
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| 1 | | matter under inquiry, and examining and inspecting the | 2 | | books, papers, records, and documents as may relate to the | 3 | | question in dispute. Service of subpoenas shall be made by | 4 | | any sheriff or any person. Any court in this State, upon | 5 | | the application of the Department, may compel attendance | 6 | | of witnesses, the production of books and papers, and the | 7 | | giving of testimony before the Department by attachment | 8 | | for contempt or in any other way as the production of | 9 | | evidence may be compelled before the court. | 10 | | (2) Take complaints of claims arising under this Act | 11 | | in the name of the Director and the Director's successors | 12 | | in office and prosecute actions for relief when, in the | 13 | | judgment of the Department, the claims are valid and | 14 | | enforceable in the courts. No court costs or any fees for | 15 | | necessary process and proceedings shall be payable in | 16 | | advance by the Department for prosecuting the actions. If | 17 | | there is a judgment rendered against the defendant, the | 18 | | court shall assess as part of the judgment the costs of the | 19 | | proceeding. Upon collection of the judgment, the | 20 | | Department shall pay from the proceeds of the judgment the | 21 | | amounts to the person entitled to compensation necessary | 22 | | to make the person whole, including reasonable attorney's | 23 | | fees and costs. The Department may join in a single | 24 | | proceeding any number of claims against the same employer, | 25 | | but the court shall have discretionary power to order a | 26 | | severance or separate trial for hearings. |
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| 1 | | (3) Make complaint in circuit court of violations of | 2 | | this Act. | 3 | | In addition to these powers, subject to appropriation, the | 4 | | Department may establish an administrative procedure to | 5 | | adjudicate claims and to issue final and binding | 6 | | administrative decisions on claims subject to the | 7 | | Administrative Review Law. To establish the procedure, the | 8 | | Director may adopt rules. The adoption, amendment, or | 9 | | rescission of rules for the procedure shall be in conformity | 10 | | with the requirements of the Illinois Administrative Procedure | 11 | | Act. If a final and binding administrative decision issued by | 12 | | the Department requires an employer or other party to pay | 13 | | wages and other make whole relief, including reasonable | 14 | | attorney's fees and costs in connection with a claim, | 15 | | penalties, or other amounts in connection with a claim, and | 16 | | the employer or other party has neither: (i) made the required | 17 | | payment within 35 days after the issuance of the final and | 18 | | binding administrative decision; nor (ii) timely filed a | 19 | | complaint seeking review of the final and binding | 20 | | administrative decision pursuant to the Administrative Review | 21 | | Law in circuit court, the Department may file a verified | 22 | | petition against the employer or other party to enforce the | 23 | | final administrative decision and to collect any amounts due | 24 | | in connection therewith in the circuit court of any county | 25 | | where an office of the Department is located. | 26 | | (d) Nothing in this Section shall be construed to prevent |
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| 1 | | an employee or interested party from bringing a civil action | 2 | | for the employee's own claim for a violation of the Act as | 3 | | described in Section 20. | 4 | | Section 30. Notice. Within 30 days after the effective | 5 | | date of this Act, an employer shall post and keep posted a | 6 | | notice of employee rights under this Act where employee | 7 | | notices are customarily placed. | 8 | | Section 35. Exceptions. Nothing in this Act: | 9 | | (1) prohibits communications of information that the | 10 | | employer is required by law to communicate, but only to | 11 | | the extent of the lawful requirement; | 12 | | (2) limits the rights of an employer or its agent, | 13 | | representative, or designee to conduct meetings involving | 14 | | religious matters or political matters, so long as | 15 | | attendance is voluntary, or to engage in communications, | 16 | | so long as receipt or listening is voluntary; | 17 | | (3) limits the rights of an employer or its agent, | 18 | | representative, or designee from communicating to its | 19 | | employees any information that is necessary for the | 20 | | employees to perform their required job duties; | 21 | | (4) prohibits an employer from requiring an employee | 22 | | to attend diversity, equity, and inclusion programming, | 23 | | cultural competency education, or similar activities; or | 24 | | (5) prohibits an institution of higher education, or |
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| 1 | | any agent, representative, or designee of the institution, | 2 | | from conducting meetings or participating in any | 3 | | communications with its employees concerning any | 4 | | coursework, symposia, research, publication, or an | 5 | | academic program at the institution.". |
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