Bill Amendment: IL HB3530 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: EMPLOYEE SECURITY ACT

Status: 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB3530 Detail]

Download: Illinois-2021-HB3530-House_Amendment_001.html

---

Rep. Carol Ammons

Filed: 1/26/2022

10200HB3530ham001 LRB102 14590 SPS 34472 a
AMENDMENT TO HOUSE BILL 3530
AMENDMENT NO. ______. Amend House Bill 3530 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Secure Jobs Act.
Section 5. Definitions. In this Act:
"Benefits" means the cash value of any employer-paid
vacation leave, sick leave, medical insurance plan, disability
insurance plan, life insurance plan, annuity, and pension
benefit plan in effect on the date of discharge.
"Casual employee" refers to work in or around a private
home, that is irregular, uncertain, or incidental in nature
and duration.
"Constructive discharge" means the voluntary termination
of employment by an employee because of a situation created by
an act or omission of the employer that an objective,

10200HB3530ham001 - 2 - LRB102 14590 SPS 34472 a
reasonable person would find so intolerable that voluntary
termination is the only reasonable alternative.
"Day or temporary laborer", "day and temporary labor
services agency", and "third party client" have the meaning
ascribed to those terms under Section 5 of the Day and
Temporary Labor Services Act.
"Department" means the Department of Labor.
"Discharge" means any cessation of employment, including
constructive discharge, indefinite suspension, layoff, or
reduction in hours.
"Egregious misconduct" means deliberate or grossly
negligent conduct that:
(1) endangers the safety or well-being of the
individual, co-workers, customers, or other persons,
including discrimination against, harassment of, or
causing physical or emotional harm to co-workers,
customers, or other persons;
(2) causes serious damage to the employer's or
customers' property or business interests, including, but
not limited to, theft; or
(3) involves grossly inappropriate behavior such as
working under the influence of intoxicants or controlled
substances.
"Electronic monitoring" means the collection of
information concerning worker activities, communications,
actions, biometric information, as that term is defined in

10200HB3530ham001 - 3 - LRB102 14590 SPS 34472 a
Section 10 of the Biometric Information Privacy Act, or
behaviors by electronic means including, but not limited to,
video or audio surveillance, electronic work pace tracking,
and other means.
"Employ" means to suffer or permit to work.
"Employee" has the meaning given that term in Section 2 of
the Illinois Wage Payment and Collection Act, and also
includes a "day or temporary laborer" but does not include a
casual employee who performs work in or around a private home
that is irregular in nature. A person may be an employee of 2
or more employers at the same time. "Employee" does not
include supervisors or persons who hold elective office.
"Employer" has the meaning given that term in Section 2 of
the Illinois Wage Payment and Collection Act, and also
includes a "third party client" and a "day and temporary labor
services agency". More than one entity may be the employer of
an employee, including in circumstances where one entity
controls, is controlled by, or is under common control with
another employer, or where one entity exerts control over the
operations of another employer. An employer-employee
relationship is presumed to exist when an individual performs
labor or services for an employer. The party asserting that an
individual is not an employee must establish by a
preponderance of the evidence that the individual is an
independent contractor.
"Just cause" means:

10200HB3530ham001 - 4 - LRB102 14590 SPS 34472 a
(1) an employee's failure to satisfactorily perform
his or her job duties or to comply with employer policies;
(2) an employee's egregious misconduct; or
(3) bona fide economic reasons.
"Progressive discipline" means an employer's disciplinary
system that provides a graduated range of reasonable responses
to an employee's failure to satisfactorily perform his or her
job duties or comply with employer policies, with the
disciplinary measures ranging from mild to severe, depending
on the frequency and degree of the failure, and the employee
being afforded a reasonable period of time to address
concerns.
"Reduction in hours" means a reduction in an employee's
hours of work totaling at least 15% of the employee's average
weekly work hours.
"Relator" means a current or former employee, contractor,
subcontractor, or employee of such a contractor or
subcontractor of an alleged violator of this Act, regardless
of whether that person has received full or partial relief,
who seeks relief through a public enforcement action brought
under this Act.
"Representative organization" means a nonprofit or labor
organization selected by a relator to initiate a public
enforcement action on the relator's behalf.
"Severance pay" has the meaning of that term as described
in Section 50.

10200HB3530ham001 - 5 - LRB102 14590 SPS 34472 a
"Short-term position" means employment pursuant to a
written contract that specifies that the position is to end
after a specified period of time, not to exceed 6 months, where
the employer can show that the work or need in question is
expected to end, such as in the case of a seasonal job or a job
to perform a specific project.
Section 10. Prohibition against discharge without just
cause.
(a) An employer shall not discharge an employee without
just cause. Just cause may not be based on off-duty conduct
unless there is a demonstrable and material nexus between the
conduct and the employee's job performance or the employer's
legitimate business interests.
(b) The employer shall within 3 days provide a written
explanation to any discharged employee of the specific reasons
for the discharge. In determining whether an employer had just
cause for discharge, a fact finder may not consider any
reasons not included in such written explanation. Where an
employer fails to provide a written explanation to a
discharged employee, the discharge shall not be deemed to be
based on just cause. All information and judgments that the
employer considered in making the determination shall be made
available to the employee or his or her representative.
(c) The employer shall bear the burden of proving just
cause including, if applicable, that the employer followed

10200HB3530ham001 - 6 - LRB102 14590 SPS 34472 a
progressive discipline, by a preponderance of non-hearsay
evidence in any proceeding brought pursuant to this Act.
Section 15. Factors to be considered. In determining
whether an employee has been discharged for just cause for
failure to satisfactorily perform job duties or for failure to
comply with employer policies, the fact finder shall consider,
in addition to any other relevant factors, whether:
(1) the employee knew or should have known of his or
her job duties or of the employer's policy;
(2) the employer provided relevant and adequate
training to the employee;
(3) the employer's policy was reasonable and applied
consistently;
(4) the employer undertook a thorough, fair and
objective investigation; and
(5) the employer used progressive discipline.
Section 20. Discharge for failure to satisfactorily
perform job duties. A discharge for failure to satisfactorily
perform job duties or comply with employer policies shall not
be deemed to be based on just cause unless the employer has
used progressive discipline. Provided, further, that the time
period between a first warning or discipline and termination
shall be not less than 15 days, and the employer may not rely
on a warning or discipline issued more than one year in the

10200HB3530ham001 - 7 - LRB102 14590 SPS 34472 a
past to justify a discharge.
Section 25. Progressive discipline. Under progressive
discipline, an employer may discharge an employee immediately
for egregious misconduct. A finding of misconduct for purposes
of unemployment insurance eligibility shall not necessarily
constitute serious misconduct for purposes of this Act. An
employee discharged for egregious misconduct shall not be
entitled to severance pay.
Section 30. Discharge based on bona fide economic reasons.
A discharge shall not be deemed to be based on bona fide
economic reasons unless the following conditions are met:
(1) the discharge results from a reduction in
production, sales, services, profit, or funding of the
employer, or technological or organizational changes in
the employer's operations that necessitate full or partial
reduction of the employer's operations;
(2) the employees or groups of employees to be
discharged are identified using broadly applicable
criteria that do not appear to target individuals; and
(3) the bona fide economic reasons justifying the
discharge were specified in writing to the employee at the
time of the discharge and are supported by the employer's
records.
A discharge shall be presumed not to be based on bona fide

10200HB3530ham001 - 8 - LRB102 14590 SPS 34472 a
economic reasons where the employer hired or hires another
employee to perform substantially the same work within 90 days
before or after the discharge. Elimination of staff redundancy
created by a merger or acquisition shall not be deemed a bona
fide economic reason for discharge of employees.
Section 35. Employee actions that do not constitute just
cause for termination. In no event shall any of the following
actions by an employee constitute just cause for termination:
(1) an employee's communication about workplace
practices or policies, including, but not limited to,
health or safety practices or hazards related to COVID-19,
to any person, including to an employer, an employer's
agent, other employees, a government agency, or the
public, including through print, online, social media, or
any other media; or
(2) an employee's refusal to work under conditions
that the employee reasonably believes would expose him or
her, other employees, or the public to an unreasonable
health or safety risk, including, but not limited to, risk
of illness or exposure to COVID-19.
An employer shall not retaliate against any employee or
other person for such conduct. Notwithstanding any other
provision of law, such conduct shall constitute protected
conduct and may not be contractually prohibited, or subject to
civil or criminal sanction or liability.

10200HB3530ham001 - 9 - LRB102 14590 SPS 34472 a
Section 40. Employer assessments. An employer must
conduct its own assessment of an employee, and may not rely on
data gathered through electronic monitoring in discharging or
disciplining an employee. Such employment decisions must be
made based on human-provided information sources such as
supervisors' assessments and documentation, or consulting
co-workers. An employer must disclose in advance to employees
any electronic monitoring or data collection at a workplace,
disclose the purposes for which the data will be used, and
provide employees meaningful opportunities to challenge any
electronic monitoring or data systems. However, data gathered
through electronic monitoring may be used in the following
circumstances: for non-employment-related purposes; for
discharging or disciplining an employee in cases of egregious
misconduct or involving threats to the health or safety of
other persons; or where required by State or federal law.
Provided further, information on employee tardiness or
absenteeism from electronic time-keeping systems that are used
to measure employee work shifts for payroll purposes may be
considered for purposes of employee discharge and discipline.
Section 45. Discharge; short-term position. Discharge at
the end of a short-term position shall not require a showing of
just cause and shall not entitle an employee to severance pay.
A position shall not be deemed to be a short-term position

10200HB3530ham001 - 10 - LRB102 14590 SPS 34472 a
where the employer hires another employee, including another
employee who is a day or temporary laborer, to perform
substantially the same work within 90 days before or after the
discharge. However, discharge prior to the end of the term of a
short-term position shall require a showing of just cause and
shall entitle the employee to severance pay.
Section 50. Severance pay. An employee shall accrue an
entitlement to one hour of severance pay for every 12.5 hours
worked during his or her first 2,080 hours of employment, and
for every 50 hours worked thereafter. Within 14 days of
discharge, the employer shall pay the employee his or her
accrued severance pay, calculated based on the number of hours
accrued multiplied by the employee's rate of pay upon
discharge. However, an employee who is discharged at the end
of a short-term position shall not be entitled to severance
pay. Severance pay shall be exclusive of final compensation
due an employee upon separation, as provided for under Section
2 of the Illinois Wage Payment and Collection Act. For
purposes of determining an employee's hours of employment,
tenure, or seniority, multiple periods worked for the
employer, including through a day and temporary services
agency, and any time worked for a predecessor employer shall
be aggregated.
Section 55. Employment through day and temporary labor

10200HB3530ham001 - 11 - LRB102 14590 SPS 34472 a
services agencies.
(a) Where an employee is a day or temporary laborer who has
worked 100 hours or more for a single third party client, the
third party client shall be deemed his or her employer, shall
become subject to the protections of this Act as regards the
employee, and may not discharge the employee without just
cause. However, if the employee's employment with the third
party client qualifies as a short-term position, then a
showing of just cause for discharge at the end of the
position's defined term shall not be required, nor shall
payment of severance pay at the end of the position's defined
term be required. In such a case the third party client must
show that all of the criteria and conditions for a short-term
position in Section 45 and in the definition of short-term
position are satisfied in order for the employment of the day
or temporary laborer to qualify as a short-term position.
(b) Where an employee is a day or temporary laborer who has
not worked 100 hours or more for a single third party client
but has worked 100 hours or more for a temporary labor services
agency, aggregating all hours worked for multiple third party
clients, the employee shall become subject to more limited
protection under the Act. Such an employee shall be given
priority by the temporary labor services agency for future
work assignments over employees who have not worked 100 hours
or more for the agency. When such an employee is discharged by
the day and temporary labor services agency, the employee

10200HB3530ham001 - 12 - LRB102 14590 SPS 34472 a
shall be entitled to payment of severance pay, as determined
under Section 50. Such an employee shall be deemed discharged
if he or she receives no work assignment offers from the
temporary labor services agency for a period of 21 days or
more. However, if such an employee's employment with the
temporary labor services agency ends in order for the employee
to commence direct employment with a third party client, then
no payment of severance pay shall be required.
(c) Employers that are third party clients and employers
that are day and temporary labor services agencies shall be
jointly and severally responsible with one another for
compliance with the Act's requirements.
Section 60. Collective bargaining agreement exemption. The
requirements of this Act shall not apply to employees who are
covered by a valid collective bargaining agreement.
Section 65. Retaliation prohibited. No employer or any
other person shall threaten, intimidate, discipline,
discharge, demote, suspend, or harass an employee, reduce the
hours or pay of an employee, inform another employer that an
employee has alleged that the employer violated this Act or
any other law, discriminate against an employee, or take any
other adverse action that penalizes an employee for, or is
reasonably likely to deter an employee from, exercising or
attempting to exercise any right protected under this Act or

10200HB3530ham001 - 13 - LRB102 14590 SPS 34472 a
any other law, including informing other employees or persons
of their rights under this Act or any other law, assisting in
any way with any complaint or investigation involving this
Act, including another workers' case, or sharing information
about workplace issues with other employees or the public,
including on social media. Threats or any other adverse action
related to perceived immigration status or work authorization
shall constitute threats or adverse actions as those terms are
used in this Section. An employee need not explicitly refer to
this Act or any other law or the rights enumerated herein to be
protected from retaliation. The protections afforded by this
Section shall apply to any person who mistakenly but in good
faith alleges violations of this Act.
Section 70. Protection of former employees from
blacklisting. An employer shall not prevent or attempt to
prevent, by word or writing of any kind, a former employee from
obtaining employment with any other employer. An employer is
not prohibited from providing by word or writing to any other
employer to whom the discharged employee has applied for
employment a truthful statement of the reason for discharge.
Section 75. Notice and posting of rights.
(a) The Department shall publish and make available
notices informing employees of their rights protected under
this Act. Employers shall post such notices in a conspicuous

10200HB3530ham001 - 14 - LRB102 14590 SPS 34472 a
location in the workplace or at any job site, and shall give a
notice to each employee at the time of hiring and on an annual
basis. The notices shall be made available in a downloadable
format on the Department's website in English, Spanish,
Polish, Mandarin, and Cantonese.
(b) Every employer shall conspicuously post at any
workplace or job site where any employee works the notices
described in subsection (a) that apply to the particular
workplace or job site. The notices shall be in English and any
language spoken as a primary language by at least 5% of the
employees at that location if the Department has made the
notice available in that language.
Section 80. Recordkeeping.
(a) Employers shall retain records documenting their
compliance with the applicable requirements of this Act. In
addition, day and temporary labor services agencies shall
maintain records of each individual day or temporary laborer's
start date with such day and temporary labor services agency
and the dates on which that laborer was placed with a third
party client. Employers shall retain such records for a period
of 3 years and shall allow the Department access to such
records and other information, in accordance with applicable
law and with appropriate notice, in furtherance of an
investigation conducted in accordance with this Act.
(b) In addition, employers shall report annually to the

10200HB3530ham001 - 15 - LRB102 14590 SPS 34472 a
Department, and any person who requests a copy of:
(1) the employer's total employment each year broken
down by full-time employment (defined as at least 30 hours
per week), part-time employment (defined as less than 30
hours per week), short-term employment, and employment
through a temp or staffing agency; and
(2) the employer's total number of separations each
year broken down by whether the separation was a discharge
for cause, a discharge for bona fide economic reasons, a
separation as a result of the end of a short-term
position, an employee resignation, or an employee
retirement.
Within 14 days of a request for such records, employers
shall make requested records available for review and copying.
(c) An employer's failure to maintain, retain, or produce
a record or other information required to be maintained by
this Section relevant to a material fact alleged by an
employee in a complaint brought pursuant to this Section or
requested by the Department pursuant to an investigation,
creates a rebuttable presumption that such fact is true.
Section 85. Administrative implementation and enforcement.
(a) The Department shall administer and enforce the
provisions of this Act and shall, within 120 days after its
effective date, adopt rules necessary to administer and
enforce the provisions of this Act. The rules shall include

10200HB3530ham001 - 16 - LRB102 14590 SPS 34472 a
the procedures for investigations and hearings under this Act.
The adoption, amendment, or rescission of rules shall be in
conformity with the requirements of the Illinois
Administrative Procedure Act.
(b) An aggrieved employee or his or her duly authorized
representative may file a complaint with the Department
regarding violations by an employer of this Act or of any
implementing rules. Upon receiving a complaint or on its own
initiative, the Department shall investigate potential
violations, make a determination whether a violation has
occurred, and take appropriate action to enforce the
provisions of this Act and any implementing rules.
(c) If an employer is found by the Department to have
violated this Act or any rules adopted under this Act, the
Department shall order the following, in addition to any other
remedy provided by law:
(1) In the case of unlawful discharge, retaliation,
blacklisting, or unlawful electronic monitoring, actual
and liquidated damages payable to each aggrieved worker
equal to, at the aggrieved party's election, $10,000 or 3
times the actual damages including, but not limited to,
unpaid wages, benefits, other remuneration owed, and
compensation for emotional pain, suffering, inconvenience,
and mental anguish, unless an adjudicator finds that
mitigating circumstances are present, in which case the
adjudicator may order that the preceding liquidated

10200HB3530ham001 - 17 - LRB102 14590 SPS 34472 a
damages amount be reduced as circumstances make
appropriate, as well as reinstatement, restoration of
hours, other injunctive relief (including to rectify
conditions that led to constructive discharge), punitive
damages, and such other remedies as may be appropriate.
(2) In the case of discharge where severance pay was
not provided, payment of severance pay together with an
additional 2 times that amount as liquidated damages, and
such other remedies as may be appropriate including
punitive damages.
(3) In the case of failure to provide a timely written
explanation for a discharge, injunctive relief and
liquidated damages in an amount equal to $5,000, unless an
adjudicator finds that mitigating circumstances are
present, in which case the adjudicator may order that the
preceding liquidated damage amount be reduced as
circumstances make appropriate, and such other remedies as
may be appropriate, including punitive damages.
(4) Payment of a further sum to the Department as a
civil penalty in an amount of $10,000 for unlawful
discharge, retaliation, or blacklisting in violation of
this Act, or unlawful electronic monitoring, in an amount
of $5,000 for or failure to provide a timely written
explanation for a discharge, or in an amount of $1,000 for
other violations of this Act, including the Act's
recordkeeping requirements or failure to produce records

10200HB3530ham001 - 18 - LRB102 14590 SPS 34472 a
requested in an investigation. However, if an adjudicator
finds that mitigating circumstances are present, the
adjudicator may order that the preceding civil penalty
amounts be reduced as circumstances make appropriate. The
civil penalties imposed in accordance with this Section
shall be imposed on a per employee and per instance basis
for each violation.
(5) Payment of the complainant's reasonable attorneys'
fees, expert fees, and other costs. For the purposes of
this provision, a complainant shall be deemed to have
prevailed and entitled to an award of fees and costs if
commencement of a complaint has acted as a catalyst to
effect policy change on the part of the respondent,
regardless of whether that change has been implemented
voluntarily, as a result of a settlement, or as a result of
a judgment in such party's favor.
(6) In assessing an appropriate remedy, due
consideration shall be given to the gravity of the
violation, the history of previous violations, and the
good faith of the employer.
(7) All amounts specified in this Act shall be updated
annually to keep pace with the rising cost of living by
increasing each amount in proportion to the increase over
the most recent 12-month period for which data are
available in the value of the Consumer Price Index for All
Urban Consumers (CPI-U), as calculated by the Bureau of

10200HB3530ham001 - 19 - LRB102 14590 SPS 34472 a
Labor Statistics of the United States Department of Labor,
and rounding the new amounts to the nearest multiple of
$5. Such increased amounts shall be announced by October 1
of each year, and shall take effect on January 1.
(8) Either party may bring an administrative appeal to
enforce, vacate, or modify the order, determination, or
other disposition.
(9) No procedure or remedy set forth in this Section
is exclusive or a prerequisite for asserting a claim for
relief to enforce any rights under this Act in a court of
law.
(10) Any employer who has been ordered by the
Department or ordered by a court to pay unpaid backpay,
front pay and benefits, severance pay, liquidated or
punitive damages, or civil penalties, and who fails to
seek timely review of such a demand or order as provided
for under this Act and who fails to comply within 15
calendar days after such demand or within 35 days of an
administrative or court order is entered shall also be
liable to pay a penalty to the Department of 20% of the
amount found owing and a penalty to the employee of 1% per
calendar day of the amount found owing for each day of
delay in paying such wages to the employee. All moneys
recovered as fees and civil penalties under this Act,
except those owing to the affected employee, shall be
deposited into the Wrongful Discharge Enforcement Fund, a

10200HB3530ham001 - 20 - LRB102 14590 SPS 34472 a
special fund which is hereby created in the State
treasury. Moneys in the Fund may be used only for
enforcement of this Act.
Section 90. Civil action. Except as otherwise provided by
law, any person claiming to be aggrieved by an employer's
violation of this Act has a cause of action in any court and,
upon prevailing, shall be awarded the relief specified in
Section 85 and, if the court finds in favor of the plaintiff,
it shall award such prevailing party, in addition to other
relief, his or her reasonable attorneys' fees, expert fees,
and other costs. As used in this Section, "prevailing" party
includes a party whose commencement of litigation has acted as
a catalyst to effect policy change on the part of the
defendant, regardless of whether that change has been
implemented voluntarily, as a result of a settlement, or as a
result of a judgment in such party's favor. Penalties and fees
under this Act may be assessed by the Department and recovered
in a civil action brought by the Department in any court or in
any administrative adjudicative proceeding under this Act. In
any such civil action or administrative adjudicative
proceeding under this Act, the Department shall be represented
by the Attorney General.
Section 95. Public enforcement action. A relator or
representative organization may initiate a public enforcement

10200HB3530ham001 - 21 - LRB102 14590 SPS 34472 a
action in any court to pursue civil penalties, injunctive
relief, and declaratory relief, as specified in Section 85, on
behalf of the Department, for a violation of the provisions of
this Act affecting the relator and other current or former
employees, according to the following procedures:
(a) The relator or representative organization shall
give written notice to the Department of the specific
provisions of this Act alleged to have been violated,
including the facts and theories to support the alleged
violation. The notice shall be given in such a manner as
the Department may prescribe by rule.
(b) If the Department intends to investigate the
alleged violation, it shall notify the relator or
representative organization of its decision within 65
calendar days of the postmark date of the notice. Within
60 calendar days of that decision, the Department may
investigate the alleged violation and take any enforcement
action authorized by law. If the Department determines
that additional time is necessary to complete the
investigation, it may extend the time by not more than 60
additional calendar days and shall notify the relator or
representative organization of the extension.
(c) Notwithstanding any other provision of law, a
public enforcement action brought under this Act must be
commenced within the limitations period specified in
Section 100. The statute of limitations for bringing a

10200HB3530ham001 - 22 - LRB102 14590 SPS 34472 a
public enforcement action under this Act shall be tolled
from the date a relator or representative organization
files a notice under this Section with the Department, or
the Department commences an investigation, whichever is
earlier.
(d) The relator or representative organization may
commence a civil action under this Act if the Department
determines that no enforcement action will be taken, or if
no enforcement action is taken by the Department within
the time limits prescribed.
(e) The Department may intervene in an action brought
under this Act and proceed with any and all claims in the
action as of right within 30 days after the filing of the
action, or for good cause, as determined by the court, at
any time after the 30-day period after the filing of the
action.
(f) Civil penalties recovered in a public enforcement
action brought under this Act shall be distributed as
follows:
(1) If the Department does not intervene in the
action, 60% to the Department, and 40% to the relator
or representative organization, to be distributed to
the employees affected by the violation, including a
service award that reflects the burdens and risks
assumed by the employee or representative organization
in prosecuting the action.

10200HB3530ham001 - 23 - LRB102 14590 SPS 34472 a
(2) If the Department does intervene in the
action, 70% to the Department, and 30% to the relator
or representative organization, the latter of which
shall be distributed to the employees affected by the
violation, including a service award that reflects the
burdens and risks assumed by the employee or
representative organization in prosecuting the action.
(3) The share of penalties recovered for the
Department under this Act shall be used solely to
support the Department's education and enforcement
activities relating to this Act, with approximately
25% of these penalties reserved for grants to
community organizations for outreach and education
about employee rights under this Act.
(g) In any public enforcement action commenced under
this Act, the court shall allow a prevailing relator or
representative organization to recover all reasonable
attorneys' fees, expert fees, and other costs. For the
purposes of this provision, a "prevailing" relator or
representative organization includes a relator or
representative organization whose commencement of
litigation has acted as a catalyst to effect policy change
on the part of the defendant, regardless of whether that
change has been implemented voluntarily, as a result of a
settlement, or as a result of a judgment in such relator or
representative organization's favor.

10200HB3530ham001 - 24 - LRB102 14590 SPS 34472 a
(h) No public enforcement action brought under this
Act shall be required to meet class action certification
requirements under Part 8 of Article II of the Code of
Civil Procedure or Rule 23(a) of the Federal Rules of
Civil Procedure.
(i) The relator or representative organization may not
recover compensatory damages or back pay, or seek
reinstatement, in a public enforcement action. But the
filing of a public enforcement action does not preclude an
employee from pursuing these remedies in another forum.
(j) The right to bring a public enforcement action
under this Act shall not be impaired by any private
contract.
Section 100. Limitation of actions. Notwithstanding any
other provision of law, an action under this Act must be filed
within 3 years after the complainant knew or should have known
of the alleged violation. However, this statute of limitations
period shall be tolled for the duration of any state of
emergency declared by the State or by any city or county in
which the action is commenced.
Section 105. Non-preemption. This Act does not preempt,
limit, or otherwise affect the authority of any other unit of
government to adopt laws, rules, requirements, policies, or
standards providing additional employment or workplace

10200HB3530ham001 - 25 - LRB102 14590 SPS 34472 a
protections.
Section 110. Violations. An employer that violates this
Act is guilty of a Class A misdemeanor.
Section 115. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 120. The State Finance Act is amended by adding
Section 5.970 as follows:
(30 ILCS 105/5.970 new)
Sec. 5.970. The Wrongful Discharge Enforcement Fund.
Section 999. Effective date. This Act takes effect January
1, 2023.".