Labor & Employment (Labor Standards)

Amends the Minimum Wage Law. Provides that, on and after July 1, 2027, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate, including any minimum wage rate established by a municipality that is higher than the minimum wage rate provided in the Act. Provides for additional notice requirements that employers must provide to employees who receive gratuities. Provides that any employer or his agent, or the officer or agent of any private employer who violates that provision shall be liable to the Department of Labor for a penalty of up to $1,500 per day for each violation, payable to the Department's Wage Theft Enforcement Fund. Provides that every employer shall provide each employee who receives gratuities a notice containing specified information concerning the rate of pay. Amends the Illinois Wage Payment and Collection Act. Provides that no employer shall withhold from gratuities paid by credit card any credit card processing fees that the employer must pay in connection with the transaction. Provides that any service charge imposed by an employer on a customer shall be a gratuity and is the property of the employees. Effective July 1, 2025.

Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning payments to nursing facilities to increase compensation for certified nursing assistants (CNA), removes language requiring the Department of Healthcare and Family Services to establish, by rule, payments to nursing facilities equal to Medicaid's share of the tenure wage increments for all reported CNA employee hours compensated. Instead provides that, based on the schedule set forth in the amendatory Act, the Department shall pay to each facility Medicaid's share of the facility's estimated CNA hours performed by employees and agency workers, estimated overtime hours, and benefits and taxes paid to and on behalf of CNA workers at the beginning of each quarter. Provides that moneys paid by the Department to each facility and moneys paid by each facility to workers and agencies or on behalf of workers and agencies shall be reconciled at the end of each quarter. Sets for a schedule concerning the calculation of tenure compensation which shall include: (i) compensation for regular CNA hours; (ii) overtime calculated at time and a half; and (iii) benefits and taxes at 25%. Provides that estimates of overtime shall be calculated at time and a half and benefits and taxes at 25%. Requires the Department to pay the facility for qualifying promotions estimated at the beginning of each quarter and reconciled at the end of the quarter.

Amends the Illinois Wage Payment and Collection Act. Makes changes to administrative fees paid to the Department of Labor. Makes changes in provisions concerning the collection of unpaid wages, penalties, damages, fines, and fees. Effective immediately.

Amends the Illinois Income Tax Act. Creates an income tax deduction for taxpayers who are law enforcement officers in an amount equal to the amount of overtime compensation that is paid to the taxpayer during the taxable year for the taxpayer's service as a law enforcement officer and that is included in the taxpayer's federal adjusted gross income. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning payments to nursing facilities to increase compensation for certified nursing assistants (CNA), removes language requiring the Department of Healthcare and Family Services to establish, by rule, payments to nursing facilities equal to Medicaid's share of the tenure wage increments for all reported CNA employee hours compensated. Instead provides that, based on the schedule set forth in the amendatory Act, the Department shall pay to each facility Medicaid's share of the facility's estimated CNA hours performed by employees and agency workers, estimated overtime hours, and benefits and taxes paid to and on behalf of CNA workers at the beginning of each quarter. Provides that moneys paid by the Department to each facility and moneys paid by each facility to workers and agencies or on behalf of workers and agencies shall be reconciled at the end of each quarter. Sets for a schedule concerning the calculation of tenure compensation which shall include: (i) compensation for regular CNA hours; (ii) overtime calculated at time and a half; and (iii) benefits and taxes at 25%. Provides that estimates of overtime shall be calculated at time and a half and benefits and taxes at 25%. Requires the Department to pay the facility for qualifying promotions estimated at the beginning of each quarter and reconciled at the end of the quarter. Effective immediately.

Provides that the Act may be referred to as the Keeping Sex Workers Safe Act. Creates the Sex Workers' Bill of Rights Act. Provides that sex workers shall not be subject to criminal prosecution for engaging in consensual sex work. Provides that law enforcement agencies are prohibited from arresting, charging, or prosecuting individuals solely for performing or engaging in sex work. Provides that sex workers, whether employed, contracted, or self-employed, shall be afforded the same rights and protections as other workers under Illinois law, including, but not limited to: (1) minimum wage and hour protections; (2) protection against discrimination, harassment, and unsafe working conditions; (3) access to workers' compensation and health benefits if applicable; and (4) protection of privacy and freedom from surveillance. Provides that employers, clients, or those benefiting from the services of sex workers must ensure safe working conditions, including protection from violence, exploitation, and human trafficking. Provides that sex workers operating as independent contractors shall be treated as legitimate sole proprietors or businesses under Illinois law. Provides that sex workers have the right to control their work, negotiate fair contracts, and receive payment for their services without interference or exploitation. Provides that sex workers shall not be discriminated against in access to housing, public services, financial services, or healthcare based on their occupation. Provides that all laws protecting workers from discrimination on the basis of sex, race, gender identity, sexual orientation, or other protected characteristics shall apply equally to sex workers. Defines "sex work" and "sex worker". Amends the Criminal Code of 2012. Repeals the offenses of prostitution and patronizing a prostitute. Amends various Acts to make conforming changes. Effective immediately.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall require facilities under its jurisdiction to consider the class or school schedule of employees who are continuing their education before mandating overtime work hours.

Amends the Illinois Income Tax Act. Creates an income tax deduction for the amount of overtime compensation that is paid to the taxpayer during the taxable year and that is included in the taxpayer's federal adjusted gross income. Effective immediately.

Amends the Illinois Wage Payment and Collection Act. Provides that an employer who furnishes a pay stub to an employee over the age of 65 shall provide the employee with a paper pay stub at the request of the employee. Provides that an employer who requires an employee over the age of 65 to record the hours the employee worked on an electronic device shall provide the employee a method to record the hours on a non-electronic device. Sets forth notice requirements. Provides that any employee who is subject to a violation the provisions may recover in a civil action against the employer the amount of $500 per violation and reasonable costs and attorney's fees. Defines terms.

Amends the Hospital Licensing Act. Defines "hospital worker" as any person who receives an hourly wage, directly or indirectly via a subcontractor, from a hospital licensed under the Act. In provisions concerning limitations on mandated overtime and requiring rest periods for nurses, replaces "nurse" with "hospital worker". Requires additional hospital staffing information to be reported to the Department of Public Health, including any and all staffing matrices, staffing metrics, and underlying materials used to determine the metrics. Provides that the Department shall produce an annual report based on staffing disclosures and make recommendations for minimum staffing standards for hospital workers in each hospital unit. Requires hospitals to conduct a competency validation for each hospital worker hired, as a condition of employment, within the first month of employment and at no cost to the new hire. Provides that each hospital worker's competency validation must be submitted to the Department within 2 weeks after the hospital worker's start date. Establishes ongoing verification requirements for each hospital worker, and requires hospitals to submit a list of all competent employees currently employed at the end of each calendar year. Requires the Department to maintain, and make available to the public, a registry of all competent employees, including the hospital worker's name, address, contact information, and current employer. Provides that hospital employers that fail to comply with the competency validations requirements shall receive a fine equal to 0.1% of annual revenue reported during the most recently completed fiscal year each day until the hospital complies. Sets forth provisions concerning a hospital's requirements regarding assignment despite objection forms, a resolution process under the Department for assignment despite objection for certain hospital workers, and a fine for hospitals that fail to honor the assignment despite objection process. Makes other changes.