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.


LRB102 23068 SPS 32224 b

 

 

A BILL FOR

 

HB5384LRB102 23068 SPS 32224 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Workplace Communication and Safety Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Department" means the Department of Labor.
8    "Director" means the Director of Labor.
9    "Employee" means any individual permitted to work by an
10employer.
11    "Employer" means an individual, partnership, corporation,
12association, business, trust, person, or entity for whom
13employees are gainfully employed in Illinois and the State of
14Illinois, a State officer, a department or agency of the
15State, a unit of local government, and a school district.
16    "Mobile communications device" means a portable, wireless
17telecommunications device utilized for the transmission or
18reception of voice or cellular data.
 
19    Section 10. Prohibited activities.
20    (a) It is unlawful for any employer to prohibit the use or
21possession of a mobile communications device by an employee at
22the employee's workplace.

 

 

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1    (b) Nothing in this Act shall be construed to conflict
2with the National Labor Relations Act and decisions thereunder
3by the National Labor Relations Board.
 
4    Section 15. Administration and enforcement.
5    (a) The Director or his or her authorized representative
6shall administer and enforce the provisions of this Act.
7    (b) The Director may issue rules and regulations necessary
8to administer and enforce the provisions of this Act.
9    (c) An employee or former employee may file a complaint
10with the Department alleging a violation of this Act by
11submitting a signed, completed complaint form.
12    (d) The Department has the power to conduct investigations
13in connection with the administration and enforcement of this
14Act and the authorized officers and employees of the
15Department are authorized to investigate and gather data
16regarding conditions and practices of employment in any
17industry subject to this Act and may enter and inspect such
18places and such records at reasonable times during regular
19business hours, question the employees and investigate the
20facts, conditions, practices, or matters as he or she may deem
21necessary or appropriate to determine whether any employer has
22violated any provision of this Act or which may aid in the
23enforcement of this Act.
 
24    Section 20. Violations. Employers who violate any

 

 

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1provision of this Act or any rule adopted pursuant to the Act
2are subject to a civil penalty as follows:
3        (1) First offense, a fine not to exceed $500;
4        (2) Second offense, a fine not to exceed $2,500; and
5        (3) Third offense, a fine not to exceed $5,000.
 
6    Section 25. Workplace Communication and Safety Fund. There
7is created in the State Treasury a special fund to be known as
8the Workplace Communication and Safety Fund. Civil penalties
9recovered under this Act shall be paid into the Workplace
10Communication and Safety Fund. Moneys in the Fund may be used,
11subject to appropriation, for the performance of any function
12pertaining to the exercise of the duties of the Department,
13including, but not limited to, enforcement of this Act.
 
14    Section 30. The State Finance Act is amended by adding
15Section 5.970 as follows:
 
16    (30 ILCS 105/5.970 new)
17    Sec. 5.970. The Workplace Communication and Safety Fund.