Full Text of SB2003 98th General Assembly
SB2003eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Workplace Violence Prevention Act is amended | 5 | | by changing Sections 10, 15, 20, 25, 30, and 35 and by adding | 6 | | Sections 21, 40, 45, 50, 55, 60, 65, 70, 75, 80, 85, 90, 95, | 7 | | 100, 105, 110, 115, 120, and 125 as follows: | 8 | | (820 ILCS 275/10)
| 9 | | Sec. 10. Definitions. As used in this Act: | 10 | | "Credible threat of violence" means a statement or course | 11 | | of conduct that does not serve a legitimate purpose and that | 12 | | causes a reasonable person to fear for the person's safety at | 13 | | his or her workplace or for the safety of others at his or her | 14 | | workplace the person's immediate family . | 15 | | "Employee" means: | 16 | | (1) a person employed or permitted to work or perform a | 17 | | service for remuneration; | 18 | | (2) a member of a board of directors of any | 19 | | organization; | 20 | | (3) an elected or appointed public officer; and | 21 | | (4) a volunteer, independent contractor, agency | 22 | | worker, or any other person who performs services for an | 23 | | employer at the employer's place of work. |
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| 1 | | "Employer" means an individual, partnership, association, | 2 | | limited liability company, corporation, business trust, the | 3 | | State, a governmental agency, or a political subdivision that | 4 | | has at least 5 employees during any work week. | 5 | | "Petitioner" means any employer who commences a proceeding | 6 | | for a workplace protection restraining order. | 7 | | "Respondent" means a person against whom a workplace | 8 | | protection restraining order proceeding has been commenced. | 9 | | "Workplace" or "place of work" means any property that is | 10 | | owned or leased by the employer and at which the official | 11 | | business of the petitioner is conducted. | 12 | | "Unlawful violence" means any act of violence, harassment, | 13 | | or stalking as defined by the Criminal Code of 2012 laws of | 14 | | this State .
| 15 | | (Source: P.A. 98-430, eff. 1-1-14.) | 16 | | (820 ILCS 275/15)
| 17 | | Sec. 15. Employer's right to a workplace protection | 18 | | restraining order of protection . An employer may seek a | 19 | | workplace protection restraining an order of protection to | 20 | | prohibit further violence or threats of violence by the | 21 | | respondent a person if: | 22 | | (1) an the employee has suffered unlawful violence and | 23 | | the respondent has made a credible threat of violence to be | 24 | | carried out at the employee's workplace; or a credible | 25 | | threat of violence from the person; and |
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| 1 | | (2) an employee believes that the respondent has made a | 2 | | credible threat of violence to be carried out at the | 3 | | employee's workplace; or | 4 | | (3) an the unlawful act of violence has been carried | 5 | | out at the workplace employee's place of work or the | 6 | | respondent has made a credible threat of violence at the | 7 | | workplace credible threat of violence can reasonably be | 8 | | constructed to be carried out at the employee's place of | 9 | | work by the person .
| 10 | | (Source: P.A. 98-430, eff. 1-1-14.) | 11 | | (820 ILCS 275/20)
| 12 | | Sec. 20. Affidavit Irreparable harm . An employer may obtain | 13 | | a workplace protection restraining order if the employer files | 14 | | an affidavit that shows by a preponderance of the evidence | 15 | | that: | 16 | | (1) the conditions of Section 15 of this Act have been | 17 | | met; | 18 | | (2) if the petitioner is seeking an emergency order, | 19 | | great or irreparable harm has been suffered, will be | 20 | | suffered, or is likely to be suffered by an employee at the | 21 | | workplace; | 22 | | (3) if the employer is seeking a workplace protection | 23 | | restraining order involving an employee who is a victim of | 24 | | unlawful violence by a family or household member as | 25 | | defined by item (6) of Section 103 of the Illinois Domestic |
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| 1 | | Violence Act of 1986, the conditions of Section 21 of this | 2 | | Act have been met. An employer may obtain an order of | 3 | | protection under the Illinois Domestic Violence Act of 1986 | 4 | | if the employer: | 5 | | (1) files an affidavit that shows, to the satisfaction | 6 | | of the court, reasonable proof that an employee has | 7 | | suffered either unlawful violence or a credible threat of | 8 | | violence by the defendant; and | 9 | | (2) demonstrates that great or irreparable harm has | 10 | | been suffered, will be suffered, or is likely to be | 11 | | suffered by the employee.
| 12 | | (Source: P.A. 98-430, eff. 1-1-14.) | 13 | | (820 ILCS 275/21 new) | 14 | | Sec. 21. Employee notification. | 15 | | (a) In cases in which an employer is seeking a workplace | 16 | | protection restraining order involving an employee who is a | 17 | | victim of unlawful violence by a family or household member as | 18 | | defined by item (6) of Section 103 of the Illinois Domestic | 19 | | Violence Act of 1986, the employer shall: | 20 | | (1) prior to the filing of the petition, notify the | 21 | | employee in writing of the employer's intent to seek a | 22 | | workplace protection restraining order; and | 23 | | (2) conduct a direct verbal consultation in | 24 | | conversation with the employee prior to seeking a workplace | 25 | | protection restraining order under this Act to determine |
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| 1 | | whether any safety or well-being concerns exist in relation | 2 | | to the employer's pursuit of the order or whether seeking | 3 | | the order may interfere with the employee's own legal | 4 | | actions. | 5 | | If, after direct verbal consultation in conversation with | 6 | | the employee, the employee does not give the employer full and | 7 | | voluntary consent to seek a workplace protection restraining | 8 | | order, the employer shall not file for that order until a 4-day | 9 | | waiting period has elapsed following the date of the direct | 10 | | consultation. The 4-day waiting period does not apply if there | 11 | | is an immediate threat of imminent physical harm to the work | 12 | | site and the petitioner is seeking an emergency order. | 13 | | (b) Employers subject to the Victims' Economic Security and | 14 | | Safety Act shall additionally include in the written notice to | 15 | | the employee in subsection (a) the following: "As your | 16 | | employer, we are subject to the Victims' Economic Security and | 17 | | Safety Act, which includes provisions for leave, | 18 | | accommodations, and prohibitions against discrimination, and | 19 | | we are notifying you of your rights under this Act. A summary | 20 | | of your rights under the Victims' Economic Security and Safety | 21 | | Act is provided on the workplace poster we are required under | 22 | | law to post in your workplace." | 23 | | (820 ILCS 275/25)
| 24 | | Sec. 25. Remedies. Employer remedies under this Act are | 25 | | limited to a workplace protection restraining an order of |
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| 1 | | protection . Nothing in this Act, however, waives, reduces, or | 2 | | diminishes any other civil or criminal remedy available to an | 3 | | employer under any other mechanism . A workplace protection | 4 | | restraining order issued by the court may: | 5 | | (1) Prohibit the respondent's unlawful violence in the | 6 | | workplace, including ordering the respondent to stay away | 7 | | from the workplace. When the respondent is employed at the | 8 | | workplace location, the court, when issuing a workplace | 9 | | protection restraining order, shall consider the severity | 10 | | of the act and any continuing physical danger or emotional | 11 | | distress to any employee in the workplace. | 12 | | (2) Upon notice to the respondent, order the respondent | 13 | | to pay the petitioner for property losses suffered as a | 14 | | direct result of the actions of the respondent. Such losses | 15 | | include, but are not limited to, repair or replacement of | 16 | | property damaged or taken, reasonable attorney's fees, and | 17 | | court costs to recover the property losses. | 18 | | The remedies provided in this Section are in addition to | 19 | | other civil or criminal remedies available to the employer.
| 20 | | (Source: P.A. 98-430, eff. 1-1-14.) | 21 | | (820 ILCS 275/30)
| 22 | | Sec. 30. Action for workplace protection restraining order | 23 | | Jurisdiction; venue; procedure; enforcement . | 24 | | (a) An action for a workplace protection restraining order | 25 | | may be commenced independently by filing a petition for a |
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| 1 | | workplace protection restraining order in any civil court, | 2 | | unless specific courts are designated by local rule or order. | 3 | | (b) The clerk of the circuit court shall charge fees in | 4 | | accordance with the Clerks of Courts Act. | 5 | | (c) Notwithstanding the requirements of Section 20 of this | 6 | | Act, if the specific address or geographic location of the | 7 | | workplace is not currently known to the respondent due to the | 8 | | efforts by the employer or the employee to minimize the threat | 9 | | of unlawful violence to the employee, and the petition provides | 10 | | that disclosure of the employee's current workplace would risk | 11 | | violence, the workplace address may be omitted from all | 12 | | documents filed with the court. If the petitioner does not | 13 | | disclose the workplace address, the petitioner shall designate | 14 | | an alternative address at which the respondent may serve notice | 15 | | of any motions. | 16 | | (d) Any proceeding to obtain, modify, reopen, or appeal a | 17 | | workplace protection restraining order shall be governed by the | 18 | | rules of civil procedure of this State. The standard of proof | 19 | | in such a proceeding is proof by a preponderance of the | 20 | | evidence. The Code of Civil Procedure and Supreme Court and | 21 | | local rules applicable to civil proceedings apply. | 22 | | (e) There is no right to trial by jury in any proceeding to | 23 | | obtain, modify, vacate, or extend any workplace protection | 24 | | restraining order under this Act. Issues of jurisdiction, | 25 | | venue, procedure, and enforcement shall be governed by the | 26 | | Illinois Domestic Violence Act of 1986.
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| 1 | | (Source: P.A. 98-430, eff. 1-1-14.) | 2 | | (820 ILCS 275/35)
| 3 | | Sec. 35. Subject matter jurisdiction Law enforcement | 4 | | responsibilities . Each of the circuit courts of this State has | 5 | | the power to issue workplace protection restraining orders. Law | 6 | | enforcement personnel shall have the same responsibilities | 7 | | under this Act as are provided in Article 3 of the Illinois | 8 | | Domestic Violence Act of 1986.
| 9 | | (Source: P.A. 98-430, eff. 1-1-14.) | 10 | | (820 ILCS 275/40 new) | 11 | | Sec. 40. Jurisdiction over persons. The courts of this | 12 | | State have jurisdiction to bind: (1) State residents; and (2) | 13 | | non-residents having minimum contacts with this State to the | 14 | | extent permitted by Section 2-209 of the Code of Civil | 15 | | Procedure. | 16 | | (820 ILCS 275/45 new) | 17 | | Sec. 45. Venue. A petition for a workplace protection | 18 | | restraining order may be filed in any county where: (i) the | 19 | | petitioner resides; (ii) the respondent resides; or (iii) the | 20 | | alleged violence occurred. | 21 | | (820 ILCS 275/50 new) | 22 | | Sec. 50. Process. |
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| 1 | | (a) Any action for a workplace protection restraining order | 2 | | requires that a separate summons be issued and served. The | 3 | | summons shall require the respondent to answer and appear | 4 | | within 7 days. Attachments to the summons or notice shall | 5 | | include the petition for a workplace protection restraining | 6 | | order, supporting affidavits, if any, and any emergency | 7 | | workplace protection restraining order that has been issued. | 8 | | (b) The summons shall be served by the sheriff or other law | 9 | | enforcement officer at the earliest time possible and shall | 10 | | take precedence over other summonses except those of a similar | 11 | | emergency nature. A special process server may be appointed at | 12 | | any time, and the appointment of a special process server shall | 13 | | not affect the responsibilities and authority of the sheriff or | 14 | | other official process servers. | 15 | | (c) Service of summons on a member of the respondent's | 16 | | household or by publication is adequate if: (1) the petitioner | 17 | | has made all reasonable efforts to accomplish actual service of | 18 | | process personally upon the respondent, but the respondent | 19 | | cannot be found to effect the service; and (2) the petitioner | 20 | | files an affidavit or presents sworn testimony describing those | 21 | | efforts. | 22 | | (d) A plenary workplace protection restraining order may be | 23 | | entered by default for the remedy sought in the petition if the | 24 | | respondent has been served in accordance with subsection (a) of | 25 | | this Section or given notice and if the respondent then fails | 26 | | to appear as directed or fails to appear on any subsequent |
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| 1 | | appearance or hearing date agreed to by the parties or set by | 2 | | the court. | 3 | | (e) An employee who has been a victim of domestic violence | 4 | | by the respondent is not required to and the court may not | 5 | | order the employee to testify, participate in, or appear in | 6 | | this process for any purpose. | 7 | | (820 ILCS 275/55 new) | 8 | | Sec. 55. Hearing notice. Except as otherwise provided by | 9 | | law or court rule, notice of hearings on petitions or motions | 10 | | shall be served upon the respondent in accordance with Supreme | 11 | | Court Rules 11 and 12. | 12 | | (820 ILCS 275/60 new) | 13 | | Sec. 60. Hearings. The court shall treat a petition for a | 14 | | workplace protection restraining order as an expedited | 15 | | proceeding and may not transfer or otherwise decline to decide | 16 | | all or part of the petition. Nothing in this Section prevents | 17 | | the court from reserving issues if jurisdiction or notice | 18 | | requirements are not met. | 19 | | (820 ILCS 275/65 new) | 20 | | Sec. 65. Continuances. | 21 | | (a) A petition for an emergency workplace protection | 22 | | restraining order shall be granted or denied in accordance with | 23 | | the standards of Section 70 of this Act, regardless of the |
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| 1 | | respondent's appearance or presence in court. | 2 | | (b) Any action for a workplace protection restraining order | 3 | | is an expedited proceeding. Continuances shall be granted only | 4 | | for good cause shown and kept to a minimum reasonable duration, | 5 | | taking into account the reason for the continuance. | 6 | | (820 ILCS 275/70 new) | 7 | | Sec. 70. Emergency order. | 8 | | (a) The court shall issue an emergency workplace protection | 9 | | restraining order if the petitioner establishes that: | 10 | | (1) the court has jurisdiction under Section 40 of this | 11 | | Act; | 12 | | (2) the requirements of Sections 15 and 21 of this Act | 13 | | are satisfied; and | 14 | | (3) there is good cause to grant the remedy, regardless | 15 | | of prior service of notice upon the respondent, because the | 16 | | harm which that remedy is intended to prevent would be | 17 | | likely to occur if the respondent were given prior notice | 18 | | or greater notice than was actually given of the | 19 | | petitioner's efforts to obtain judicial relief. | 20 | | An emergency workplace protection restraining order shall | 21 | | be issued by the court if it appears from the contents of the | 22 | | petition and the examination of the petitioner that the | 23 | | averments are sufficient to indicate irreparable harm under | 24 | | Section 20 of this Act by the respondent and to support the | 25 | | granting of relief through the issuance of the emergency |
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| 1 | | workplace protection restraining order. | 2 | | (b) If the respondent appears in court for the hearing for | 3 | | an emergency order, he or she may elect to file a general | 4 | | appearance and testify. Any resulting order may be an emergency | 5 | | order, governed by this Section. Notwithstanding the | 6 | | requirements of this Section, if all requirements of Section 75 | 7 | | of this Act have been met, the court may issue a plenary order. | 8 | | (c) If the court is unavailable at the close of business, | 9 | | the petitioner may file a petition for a 21-day emergency order | 10 | | before any available judge who may grant relief under this Act. | 11 | | If the judge finds that there is an immediate and present | 12 | | danger of irreparable harm and that the petitioner has | 13 | | satisfied the prerequisites set forth in subsection (a) of this | 14 | | Section, that judge may issue an emergency workplace protection | 15 | | restraining order. | 16 | | (d) The chief judge of the circuit court may designate for | 17 | | each county in the circuit at least one judge to be reasonably | 18 | | available to issue orally, by telephone, by facsimile, by | 19 | | electronic means that comply with procedures established by the | 20 | | court, or otherwise, an emergency workplace protection | 21 | | restraining order at all times, whether or not the court is in | 22 | | session. | 23 | | (e) Any order issued under this Section and any | 24 | | documentation in support of the order shall be certified on the | 25 | | next court day to the appropriate court. The clerk of the court | 26 | | shall immediately assign a case number, file the petition, |
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| 1 | | order, and other documents with the court, and enter the order | 2 | | of record and file it with the sheriff for service in | 3 | | accordance with Section 85 of this Act. Filing the petition | 4 | | shall commence proceedings for further relief under Section 30 | 5 | | of this Act. Failure to comply with the requirements of this | 6 | | subsection (e) does not affect the validity of the order. | 7 | | (820 ILCS 275/75 new) | 8 | | Sec. 75. Plenary order. The court shall issue a plenary | 9 | | workplace protection restraining order if the petitioner has | 10 | | served notice of the hearing for that order on the respondent | 11 | | in accordance with Section 55 of this Section and establishes | 12 | | that: | 13 | | (1) the court has jurisdiction under Section 40 of this | 14 | | Act; | 15 | | (2) the requirements of Sections 15 and 21 of this Act | 16 | | are satisfied; | 17 | | (3) a general appearance was made or filed by or for | 18 | | the respondent or process was served on the respondent in | 19 | | the manner required by Section 50 of this Act; and | 20 | | (4) the respondent has answered or is in default. | 21 | | (820 ILCS 275/80 new) | 22 | | Sec. 80. Employee testimony. In a plenary workplace | 23 | | protection restraining order hearing, if the court finds that | 24 | | testimony in the courtroom voluntarily offered by the employee |
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| 1 | | who has suffered the violence may result in serious emotional | 2 | | distress to the employee who has suffered the violence, the | 3 | | court may order that the examination of the employee be | 4 | | conducted in chambers. Counsel shall be present at the | 5 | | examination unless otherwise agreed upon by the parties. The | 6 | | court shall cause a court reporter to be present who shall make | 7 | | a complete record of the examination instantaneously to be part | 8 | | of the record in the case. | 9 | | (820 ILCS 275/85 new) | 10 | | Sec. 85. Duration and extension of orders. | 11 | | (a) Unless reopened or extended or voided by entry of an | 12 | | order of greater duration, an emergency order is effective for | 13 | | not less than 14 nor more than 21 days. | 14 | | (b) A plenary workplace protection restraining order is | 15 | | effective for a fixed period of time not to exceed one year. | 16 | | (820 ILCS 275/90 new) | 17 | | Sec. 90. Contents of orders. | 18 | | (a) A workplace protection restraining order shall | 19 | | describe each remedy granted by the court, in reasonable detail | 20 | | and not by reference to any other document, so that the | 21 | | respondent may clearly understand what he or she must do or | 22 | | refrain from doing. | 23 | | (b) A workplace protection restraining order shall include | 24 | | the following: |
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| 1 | | (1) the name of the petitioner; | 2 | | (2) the date and time the workplace protection | 3 | | restraining order was issued, whether it is an emergency or | 4 | | plenary order, and the duration of the order; | 5 | | (3) the date, time, and place for any scheduled hearing | 6 | | for extension of the workplace protection restraining | 7 | | order or for another order of greater duration or scope; | 8 | | (4) for each remedy in an emergency workplace | 9 | | protection restraining order, the reason for entering that | 10 | | remedy without prior notice to the respondent or greater | 11 | | notice than was actually given; and | 12 | | (5) for emergency workplace protection restraining | 13 | | orders, that the respondent may petition the court, in | 14 | | accordance with Section 100, to reopen the order if he or | 15 | | she did not receive actual prior notice of the hearing as | 16 | | required under Section 55 of this Act and if the respondent | 17 | | alleges that he or she had a meritorious defense to the | 18 | | order or that the order or its remedy is not authorized by | 19 | | this Act. | 20 | | (820 ILCS 275/95 new) | 21 | | Sec. 95. Notice of orders. | 22 | | (a) Upon issuance of a workplace protection restraining | 23 | | order, the clerk shall immediately, or on the next court day if | 24 | | an emergency order is issued in accordance with subsection (c) | 25 | | of Section 70 of this Act: |
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| 1 | | (1) enter the order on the record and file it in | 2 | | accordance with the circuit court procedures; and | 3 | | (2) provide a file stamped copy of the order to the | 4 | | respondent, if present, and to the petitioner. | 5 | | (820 ILCS 275/100 new) | 6 | | Sec. 100. Modification. | 7 | | (a) Except as otherwise provided in this Section, upon | 8 | | motion of the petitioner, the court may modify an emergency or | 9 | | plenary workplace protection restraining order by altering the | 10 | | remedy, subject to Section 25 of this Act. | 11 | | (b) After 30 days following the entry of a plenary | 12 | | workplace protection restraining order, a court may modify the | 13 | | order only if a change in the applicable law or facts since the | 14 | | plenary order was entered warrants a modification of its terms. | 15 | | (c) Upon 2 days' notice to the petitioner, or shorter | 16 | | notice as the court may prescribe, a respondent subject to an | 17 | | emergency workplace protection restraining order issued under | 18 | | this Act may appear and petition the court to rehear the | 19 | | original or amended petition. A petition to rehear shall be | 20 | | verified and shall allege that: | 21 | | (1) the respondent did not receive prior notice of the | 22 | | initial hearing in which the emergency workplace | 23 | | protection restraining order was entered under Sections 55 | 24 | | and 70 of this Act; and | 25 | | (2) the respondent had a meritorious defense to the |
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| 1 | | order or any of its remedies or the order or any of its | 2 | | remedies was not authorized by this Act. | 3 | | (820 ILCS 275/105 new) | 4 | | Sec. 105. Enforcement. The court may enforce workplace | 5 | | protection restraining orders through civil contempt | 6 | | proceedings. | 7 | | (820 ILCS 275/110 new) | 8 | | Sec. 110. Employment discrimination. An employer seeking | 9 | | or obtaining a workplace protection restraining order shall | 10 | | comply with any federal or State law to which it is subject, | 11 | | including any provision under the Victims' Economic Security | 12 | | and Safety Act and the Illinois Human Rights Act, regarding | 13 | | employee protections and the rights of the employee who has | 14 | | suffered the violence. | 15 | | (820 ILCS 275/115 new) | 16 | | Sec. 115. Effect on other laws and employment benefits. | 17 | | (a) Nothing in this Act shall be construed to supersede any | 18 | | provision of any federal, State, or local law, collective | 19 | | bargaining agreement, or employment benefits program or plan | 20 | | that provides employment protections for employees, including | 21 | | any provision under the Victims' Economic Security and Safety | 22 | | Act and the Illinois Human Rights Act. | 23 | | (b) No workplace protection restraining order may prohibit |
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| 1 | | or otherwise interfere with lawful activities under the | 2 | | National Labor Relations Act, the Illinois Public Labor | 3 | | Relations Act, the Illinois Educational Labor Relations Act, or | 4 | | any lawful activity related to a labor organization's efforts | 5 | | to represent employees, engage in collective bargaining, or | 6 | | undertake economic action. | 7 | | (c) Any other claims under the Victims' Economic Security | 8 | | and Safety Act against the employer may be heard as part of a | 9 | | civil action under this Act. | 10 | | (820 ILCS 275/120 new) | 11 | | Sec. 120. Exemptions. | 12 | | (a) The court may not enter a workplace protection | 13 | | restraining order that enjoins the following activities: | 14 | | (1) lawful monitoring of compliance with workplace | 15 | | safety laws, wage and hour requirements, or other statutory | 16 | | workplace requirements; | 17 | | (2) lawful picketing, patrolling, using a banner, or | 18 | | other lawful protesting at the workplace which arises out | 19 | | of a bona fide labor dispute; and | 20 | | (3) engaging in concerted and protected activities as | 21 | | defined in applicable labor law. | 22 | | (b) As used in this Section, "bona fide labor dispute" | 23 | | means any activity recognized as a labor dispute by the | 24 | | National Labor Relations Act, the Illinois Public Labor | 25 | | Relations Act, or the Illinois Educational Labor Relations Act, |
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| 1 | | and includes a controversy concerning: wages, salaries, hours, | 2 | | working conditions, or benefits, including health and welfare, | 3 | | sick leave, insurance, and pension or retirement provisions; | 4 | | the terms to be included in collective bargaining agreements; | 5 | | and the making, maintaining, administering, and filing of | 6 | | protests or grievances under a collective bargaining | 7 | | agreement. | 8 | | (820 ILCS 275/125 new) | 9 | | Sec. 125. Confidentiality and privacy. The employer shall | 10 | | keep all information relating to a workplace protection | 11 | | restraining order in the strictest confidence, limiting | 12 | | information only to those employees who have a current | 13 | | demonstrable interest related to the safety of the employee who | 14 | | has suffered the violence.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law. |
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