(820 ILCS 98/5-10)

Sec. 5-10. Operative provisions for wage and hour laws and coal mine safety laws.

(a) Except as authorized by State law enacted after April 28, 2025, a State agency may not amend or revise the State agency's rules in a manner that is less stringent in its protection of workers' rights or worker safety than the requirements established under federal wage and hour law or federal coal mine safety law, as the laws exist on April 28, 2025.

(b) Nothing in this Act shall limit the authority of a State agency to establish workers' rights and worker safety requirements for this State that are more stringent than those provided under federal wage and hour law or federal coal mine safety law, as the laws exist on April 28, 2025.

(c) If a federal wage and hour law or federal coal mine safety law is repealed, revoked, or amended in any manner that results in the federal protections of workers' rights or worker safety becoming less stringent, or if the applicable federal agency issues a new interpretation of the federal wage and hour law or federal coal mine safety law through an opinion letter, ruling letter, administrative interpretation, program policy manual, or program policy letter that results in the federal protections of workers' rights or worker safety becoming less stringent, and a State agency does not already have corresponding rules in place that are at least as stringent as the federal wage and hour law or federal coal mine safety law being repealed, revoked, amended, or newly interpreted, the applicable State agency or agencies shall, as soon as practical, adopt a rule that incorporates the federal wage and hour law or federal coal mine safety law being repealed, revoked, amended, or newly interpreted as a minimum requirement for this State. The State agency may also take additional action to maintain the protection of workers' rights or worker safety, including, but not limited to, recommending legislation and developing policy. Any requirement adopted by operation of this Section may be enforced through the existing enforcement procedures established under State law for violations of the Minimum Wage Law or the Coal Mining Act, as applicable, including applicable penalties and remedies.

(Source: P.A. 104-161, eff. 8-14-25.)