Labor & Employment

Amends the Unified Code of Corrections. Provides that the wages paid to committed persons shall not be less than the minimum hourly wage set forth in the Minimum Wage Law. Amends the Minimum Wage Law. Provides for increases in the minimum hourly wage through January 1, 2032. Provides that, on and after July 1, 2026, every employer shall pay to each of his or her employees who is under 18 years of age no less than the applicable minimum hourly wage. Provides that, on and after January 1, 2030, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum hourly wage. Provides that beginning on January 1, 2033, and on every January 1 thereafter, the minimum hourly wage from the previous year shall be increased in proportion to the increase in the consumer price index-u. Provides that the Department of Labor shall inquire into any alleged violations of the Act brought to its attention by an interested party. Sets forth the procedure for complaints brought by interested parties. Defines "interested party". Effective immediately.

Amends the Construction Site Temporary Restroom Facility Act. Changes the Act's short title to the Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation Act. Repeals a provision which specifies that separate toileting facilities are not required for males and females if individual portable toilet facilities are used by an owner of a portable building or building under construction to provide access to a restroom. Provides that, if a woman or an individual who menstruates is present on a work site and there are 10 or more workers of any gender at the work site, then a separate toilet facility shall be provided at the work site and designated for use by women and individuals who menstruate. Requires employers in the construction industry to provide their workers who menstruate and are performing construction activities on a work site with minimum sanitary conditions. Describes the required minimum sanitary conditions. Requires employers in the construction industry, upon request, to provide their workers who are lactating and performing construction activities on a work site with reasonable accommodations needed to express breast milk. Describes reasonable accommodations for lactation. Provides that, on or before January 1, 2027, the Department of Public Health shall provide guidance to employers on the accommodations to be provided. Authorizes employees of construction sites to call the certified local public health agency with jurisdiction over a construction site to request an inspection if noncompliance with the Act is suspected. Prohibits retaliation by employers if a call is made by an employee on a construction site for suspected noncompliance with the Act. Provides that any owner who fails or refuses to comply with the provisions of the Act commits a petty offense and is subject to a fine to be determined by the certified local public health agency (rather than only being subject to a petty offense). Defines "employer". Effective immediately.

Amends the Illinois Health Insurance Portability and Accountability Act. Defines "grandfathered health plan". Provides that, except for grandfathered health plans, a health insurance issuer in the individual, small group, or large group market shall not deny coverage to an individual or employer due to the individual's or employer's failure to pay premiums owed under a prior policy, certificate, or contract of insurance. Specifies that nothing in the provisions concerning past-due premiums prohibits a health insurance issuer from pursuing the collection of past-due premiums from an individual or employer by any other means permitted by law. Effective immediately.

Amends the Illinois Income Tax Act. Provides that a withholding credit based on the minimum wage applies on a permanent basis (currently, the credit sunsets on December 31, 2026 for employers with 50 or fewer employees but more than 5 employees, and the credit sunsets on December 31, 2027 for employers with no more than 5 employees). Effective immediately.

Creates the Transportation Network Driver Labor Relations Act. Defines "transportation network driver" as an individual who operates a motor vehicle that: (i) is owned, leased, or otherwise authorized for use by the individual; (ii) is not a taxicab or for-hire public passenger vehicle; (iii) is used to provide transportation network company services; and (iv) operates under the license of a transportation network company. Provides that transportation network drivers have the right of self-organization, to form, join, or assist transportation network driver organizations, and to bargain collectively. Sets forth provisions concerning unfair work practices; the prevention of unfair work practices; the designation of bargaining representatives; administrative fees; bargaining, impasse resolution procedures, and final determinations by the Department of Labor; applicability of other labor standards; rulemaking; and public records. Amends the Freedom of Information Act and the Labor Dispute Act to make conforming changes. Effective immediately.

Creates the Transparency in Downcoding Act. Provides that the Act applies to certain policies of health insurance amended, delivered, issued, or renewed on or after the effective date of the Act, except for employee or employer self-insured health benefit plans under the federal Employee Retirement Income Security Act of 1974 and health care provided pursuant to the Workers' Compensation Act or the Workers' Occupational Diseases Act. Prohibits a health insurance issuer from using an automated process, system, or tool to downcode a claim; from downcoding a claim based solely on the reported diagnosis codes; and from using downcoding practices in a targeted or discriminatory manner against physicians who routinely treat patients with complex or chronic conditions. Requires downcoding decisions to be made by a physician licensed to practice medicine in all its branches in any United States jurisdiction and of the same or similar specialty as a physician who typically manages the medical condition or disease. Sets forth provisions concerning notification requirements for downcoded claims; the appeal process for downcoded claims; enforcement by the Department of Insurance; and penalties. Provides that any pattern or practice of discriminatory downcoding identified by the Director of Insurance or another regulatory authority shall be subject to enforcement actions, including fines, restitution, or suspension of the health insurance issuer's license in this State. Effective immediately.

Makes appropriations for the ordinary and contingent expenses of the Department of Employment Security for the fiscal year beginning July 1, 2026, as follows: General Funds $20,855,000; Other State Funds $6,500,000; Federal Funds $419,066,800; Total $446,421,800.

Creates the Surveillance-Based Wage Discrimination Act. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized wage paid to an employee. Sets forth exemptions to the provisions. Provides that the Attorney General shall enforce the Act. Sets forth provisions concerning private rights of action and penalties for violations.

Amends the Illinois Human Rights Act. Makes it a civil rights violation, unless required by applicable security regulations established by the federal government or the State, for an employer to include a statement in a job advertisement, posting, application, or other material that an applicant must have a driver's license unless both of the following conditions are satisfied: (1) the employer reasonably expects driving to be one of the bona fide job functions for the position; and (2) the employer reasonably believes that using an alternative form of transportation is not comparable in travel time or cost to the employer. Provides that an alternative form of transportation includes, but is not limited to, any of the following: using a taxi or ride hailing service, carpooling, bicycling, walking, or public transportation

Amends the Hospital Licensing Act. Provides that a hospital licensed under the Act shall not charge a covered hospital employee more than 10% of the total health insurance premium cost. Provides that any agreement permitting a charge to a covered hospital employee in excess of 10% of the total health insurance premium cost shall be deemed invalid, void, and unenforceable. Provides that a hospital in violation of those provisions shall pay a civil penalty of $500 to the Department of Public Health for each impacted covered hospital employee.