September 1, 2023

This Week in Illinois

Illinois Legislative Update from Epstein Becker & Green: Big Changes for Employers

Our friends at Epstein Becker & Green, P.C. have created a detailed summary of the most significant employment-related legislation recently enacted in Illinois. The piece is co-authored by Member of the Firm, Peter Steinmeyer, and Associate Carolyn Boucek.

Applying these new laws involves a fact-specific inquiry, especially in light of the many statutory ambiguities discussed more fully below, as well as the inherent uncertainty surrounding the interplay of new and existing authorities and the current lack of interpretive guidance from the Illinois Department of Labor (IDOL).

Unless otherwise noted, all new laws and amendments discussed in the article will take effect on January 1, 2024; however, employers should take measures now to ensure that they are prepared to comply with the new laws come the new year.

The publication has nine sections extensively covering the changes for employers. The sections are as follows.

I. New Job Posting Disclosure Obligations

II. New and Expanded Leave Benefits

III. New Commuter Benefits

IV. Extension of Liability to Employers Under the Gender Violence Act

V. Expanded Protections for Temporary Workers

VI. New Protections for Freelance Workers

VII. Further Access to Personnel Records / Electronic Distribution of Employee Notices

VIII. Limitation on Damages Available Against Striking Workers / New Penalties for Interfering with Labor Disputes

IX. What Illinois Employers Should Do Now

View the full update from Epstein Becker & Green P.C. here.

Illinois Chamber ICC Public Comment on Wolf Carbon Solutions Mt. Simon Hub Pipeline Project

Illinois Chamber Senior Vice President of Government Affairs, Clark Kaericher recently submitted a public comment to the Illinois Commerce Commission in support of the Wolf Carbon Solutions Mt. Simon Hub pipeline project. Provided below is the text of the letter.

I am writing on behalf of the Illinois Chamber of Commerce in support of the approval of the Wolf Carbon Solutions Mt. Simon Hub pipeline project’s construction.

The Illinois Chamber of Commerce is vital to championing employers’ rights and the markets in which they work. We take great pride in supporting our Illinois employers and believe that interacting with the government and steering it toward pro-employment, pro-growth policies is essential to maintaining mutually beneficial relationships between the private and public sector that ensure the economic well-being of our members.

As a development-oriented organization, the Illinois Chamber of Commerce is a strong proponent of the Mt. Simon Hub pipeline project and we believe it will have significant economic impacts that will benefit not just Illinois employers, but the state’s economy as a whole. In addition to creating more than 2,700 jobs during construction and 300 jobs annually once the project is completed, the Mt. Simon Hub will have an outsized impact on our thriving agriculture industry. By capturing carbon emissions from ethanol plants, the plants that purchase inputs from Illinois farmers will increase the payments going to farmers for corn and other ethanol plant inputs. Our state’s agricultural workers will subsequently invest these newfound revenues back into our local economy, creating more local jobs and increasing investment in local businesses.

With an estimated $1.7 billion in total benefits from construction and a further $941 million in benefits from 2025-2036, the Mt. Simon Hub will be a landmark project and an economic boon to the Illinois economy. With that in mind, the Illinois Chamber of Commerce is thrilled to support this proposal and advocate for its approval and permitting. We ask that you join us in supporting a project that will spur job growth, pro-development policies, and propel our state to a new level of prosperity. 

Illinois Chamber Letter of Support: CREATE - Multimodal Project Discretionary Grant Opportunity Program

The Illinois Chamber recently wrote a letter to USDOT Secretary Pete Buttigieg in support of CREATE’s application for the Multimodal Project Discretionary Grant Opportunity (MPDG) program. This grant will fund a segment of the Belt Junction and 80th Street Junction Replacements.

Provided below is a portion of the support letter.

The Illinois Chamber of Commerce is fully supportive of IDOT’s application for the Multimodal Project Discretionary Grant Opportunity (MPDG) funding on behalf of the Chicago Region Environmental and Transportation Efficiency (CREATE) Program. This grant will fund a segment of the Belt Junction and 80th Street Junction Replacements (defined as “EW2”), which includes reconfiguring the Belt Railway Company (BRC) main tracks between the Dan Ryan Expressway and Belt Junction, where four freight railroads conflict with each other and Metra’s SouthWest Service operations.

This project is part of the 75th Street Corridor Improvement Project (CIP), a grouping of four smaller projects that make up the most complex portion of the overall CREATE Program, and have been advanced as a single project, due to their logistical and environmental linkages. The four projects take place along two passenger routes and six freight rail lines. The first two components of the CIP (projects P3 and GS19) began construction in October 2022 with the support of a 2018 INFRA grant. The remaining two components, projects EW2 and P2, are critical to ensure the complete benefits of the project.

This segment of EW2 project will reconfigure Belt Railway Company (BRC), Norfolk Southern (NS), and Metra tracks. A third BRC main track will be constructed, thus eliminating multiple conflicting paths for freight, Metra, and Amtrak trains. This project will start to alleviate the congestion at the most congested rail chokepoint in North America in the Chicago Terminal, the Belt Junction, where 30 Metra and 90 freight trains cross each other’s paths per day. This project will also improve performance on the Amtrak Cardinal service, by eliminating freight conflicts in the vicinity of 80th Street. 

View the full letter here.

Bills of Interest Signed into Law

The following bills of interest were recently signed into law.

SB 850, Groceries was signed into law. This bill creates the Grocery Initiative Act. Provides that the Department of Commerce and Economic Opportunity shall study food insecurity in urban and rural food deserts. Provides that the Department shall establish a Grocery Initiative to expand access to healthy foods in food deserts in Illinois by providing assistance to independently owned for-profit grocery stores, as well as grocery stores owned and operated by local governmental units. Provides that the Department may enter into contracts, grants, or other agreements to administer grants and other financial support. Provides that the Department shall provide technical assistance. Provides the Department with rulemaking powers. Defines terms. Amends the Illinois Enterprise Zone Act. Provides that a business that is a grocery store and receives financial support under the Grocery Initiative Act during a specified period is eligible to be a High Impact Business. Provides that the Department of Commerce and Economic Opportunity may designate an area as a food desert even if the area does not meet the qualifications set forth in the engrossed bill as long as the designation is made in accordance with criteria established by the Department of Commerce and Economic Opportunity by rule using data that includes, but is not limited to, poverty metrics and access to existing grocery stores. Provides that the provisions of the engrossed bill apply to independently owned for-profit grocery stores, cooperative grocery stores, or not-for-profit grocery stores.

Session Update

The General Assembly adjourned in the early morning of Saturday, May 27th. Per SJR 42, the House and Senate have adjourned until the call of the Speaker and the Senate President. The 2023 fall veto session has been announced for October 24th-26th and November 7th-9th. View the calendar here.

Illinois Chamber 2023 Annual Luncheon - Register Today!

We at the Illinois Chamber are thrilled as we look forward to our 2023 annual meeting taking place on September 28th in Oak Brook. As every year, we invite you to join us for a wonderful lineup of speakers and activity in support of the Illinois business community.

We are thrilled that Illinois State Comptroller Susana Mendoza will help us kick off the annual meeting with a fireside chat with Secretary of the Chamber Board, Kelly Edwards - State Counsel for Illinois and Indiana at State Farm Insurance Companies. After lunch has been plated, our keynote speaker, Vice Chair of Inland Real Estate Group and President of Inland Real Estate Acquisitions, Joe Cosenza will address attendees. The event will conclude with a time of remembrance and a tribute to Illinois Chamber President and CEO Todd Maisch who we sadly lost earlier this summer. 

When

• Sep. 28th, 10:30am - 2:00pm

Where

• Doubletree by Hilton Hotel Chicago in Oak Brook

Register HERE - we can't wait to see you at the luncheon!

BIPA Is Turning 15 - Register Today

Date/Time: Friday, October 6, 2023 | 10:00 am – 3:00 pm

Location: The Security Innovation Hub | 1302 South Kilbourn Ave. Chicago, IL 60623

What will you learn? Delve into the present legal, political, scientific, ethical, and technological aspects of BIPA. Acquire insights from industry experts on how to proactively maintain and oversee your onboarding, access control, data and compliance protocols, ensuring their ongoing effectiveness to help avert a BIPA lawsuit.

Who should attend? Businesses of all sizes – small, medium, enterprise, and mega-tech – can gain valuable insights into BIPA compliance. We suggest that individuals with the following roles consider attending: Owners, CISOs, CSOs, Human Resources personnel, Legal departments, Accounting professionals, IAM staff, Operations and Facility Managers.

Why participate? With class-action payouts surpassing 1 BILLION dollars (and still rising), Illinois has earned the reputation of being “a cottage industry for BIPA lawsuits.” Now is a pivotal juncture for businesses across diverse sizes and sectors to grasp the significance of BIPA and actively engage in discussions. BIPA's impact has been felt across a wide spectrum, cases range from chicken processors, roofing distributors, retailers, restaurants, and amusement parks to mega tech corporations. It's imperative for all of these entities to comprehend the intricacies of the BIPA law, which encompasses both digital and physical implications.

More information here: bipabuzz.com (squarespace.com)