HB5384 102ND GENERAL ASSEMBLY

LRB102 23068 SPS 32224 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5384

Introduced 1/31/2022, by Rep. Edgar Gonzalez, Jr.

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.970 new

Creates the Workplace Communication and Safety Act. Provides that it is unlawful for any employer to prohibit the use or possession of a mobile communications device by an employee at the employee's workplace. Provides that the Director of Labor shall administer and enforce the provisions of the Act. Provides that the Department of Labor has the power to conduct investigations in connection with the administration and enforcement of the Act. Provides that employers who violate any provision of the Act or any rule adopted pursuant to the Act are subject to a civil penalty. Creates the Workplace Communication and Safety Fund as a special fund in the State Treasury. Provides that civil penalties recovered under the Act shall be paid into the Fund. Amends the State Finance Act making conforming changes.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Workplace Communication and Safety Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of Labor.

"Director" means the Director of Labor.

"Employee" means any individual permitted to work by an employer.

"Employer" means an individual, partnership, corporation, association, business, trust, person, or entity for whom employees are gainfully employed in Illinois and the State of Illinois, a State officer, a department or agency of the State, a unit of local government, and a school district.

"Mobile communications device" means a portable, wireless telecommunications device utilized for the transmission or reception of voice or cellular data.

Section 10. Prohibited activities.

(a) It is unlawful for any employer to prohibit the use or possession of a mobile communications device by an employee at the employee's workplace.

(b) Nothing in this Act shall be construed to conflict with the National Labor Relations Act and decisions thereunder by the National Labor Relations Board.

Section 15. Administration and enforcement.

(a) The Director or his or her authorized representative shall administer and enforce the provisions of this Act.

(b) The Director may issue rules and regulations necessary to administer and enforce the provisions of this Act.

(c) An employee or former employee may file a complaint with the Department alleging a violation of this Act by submitting a signed, completed complaint form.

(d) The Department has the power to conduct investigations in connection with the administration and enforcement of this Act and the authorized officers and employees of the Department are authorized to investigate and gather data regarding conditions and practices of employment in any industry subject to this Act and may enter and inspect such places and such records at reasonable times during regular business hours, question the employees and investigate the facts, conditions, practices, or matters as he or she may deem necessary or appropriate to determine whether any employer has violated any provision of this Act or which may aid in the enforcement of this Act.

Section 20. Violations. Employers who violate any provision of this Act or any rule adopted pursuant to the Act are subject to a civil penalty as follows:

(1) First offense, a fine not to exceed $500;

(2) Second offense, a fine not to exceed $2,500; and

(3) Third offense, a fine not to exceed $5,000.

Section 25. Workplace Communication and Safety Fund. There is created in the State Treasury a special fund to be known as the Workplace Communication and Safety Fund. Civil penalties recovered under this Act shall be paid into the Workplace Communication and Safety Fund. Moneys in the Fund may be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Department, including, but not limited to, enforcement of this Act.

Section 30. The State Finance Act is amended by adding Section 5.970 as follows:

(30 ILCS 105/5.970 new)

Sec. 5.970. The Workplace Communication and Safety Fund.