Illinois

AUTHORITY: Implementing and authorized by Section 605-390 of the Department of Commerce and Economic Opportunity Law [20 ILCS 605/605-390], Section 805-350 of the Department of Natural Resources (Conservation) Law [20 ILCS 805/805-350], Section 1905-12 of the Department of Natural Resources (Mines and Minerals) Law [20 ILCS 1905/1905-12], Section 2705-260 of the Department of Transportation Law [20 ILCS 2705/2705-260], Section 10.17 of the Capital Development Board Act [20 ILCS 3105/10.17] and Section 4 of the Environmental Protection Act [415 ILCS 5/4].

SOURCE: Adopted by emergency rulemaking at 33 Ill. Reg. 16527, effective November 3, 2009, for a maximum of 150 days; emergency expired April 1, 2010; adopted at 34 Ill. Reg. 7708, effective May 19, 2010.

SUBPART A: GENERAL PROVISIONS

Section 330.100 Purpose and Scope

It is the purpose of Article 80 of the FY2010 Budget Implementation (capital) Act (PA 96-37) and this Part to ensure that at least 50% of the total labor hours on State construction projects funded by capital infrastructure appropriations enacted by the 96th General Assembly are performed by actual residents of the State of Illinois.

Section 330.110 Definitions

"Act" means the FY2010 Budget Implementation (Capital) Act (PA 96-37).

"Actual Residents of the State of Illinois" means persons domiciled in the State of Illinois. [20 ILCS 605/605-390]

"Awarding Agencies" means the Department of Commerce and Economic Opportunity, the Department of Natural Resources, the Department of Transportation, the Capital Development Board and the Environmental Protection Agency.

"Domiciled" means the place where an individual has his/her permanent home or principle establishment to where, whenever he/she is absent, he/she has the intention of returning.

"State Construction Project" means a construction project that is funded in whole or in part by capital infrastructure appropriations enacted by the 96th General Assembly.

"Resident Labor Requirement" means that, on State construction projects, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois.

Section 330.120 Application of the Act

To the extent permitted by any applicable federal law or regulation, any State construction project commenced on or after July 13, 2009 is covered under the Act.

SUBPART B: ENFORCEMENT

Section 330.200 Enforcement

a) For all State construction projects, it shall be the duty of the awarding agencies to include a provision in the contract, grant or other agreement between the parties requiring at least 50% of the labor hours to be performed by actual residents of the State of Illinois.

b) The awarding agencies shall diligently monitor and enforce the resident labor requirements for all State construction projects. All awardees/grantees shall collect documentation from project contractors reflecting the state of residence for each individual performing labor on a State construction project and the number of hours each individual has worked on the project. All awardees/grantees shall maintain these records for a period of 3 years (as directed by Section 20-65 of the Illinois Procurement Code [30 ILCS 500/20-65], for example) or as required by any governing grant or State or federal funding source, following the completion of the project. The awardee/grantee shall make these records available to the awarding agency upon request.

c) Complaints concerning violations of the Act shall be filed with the awarding agencies.

d) The requirement that a contractor comply with the Act's 50% resident labor hours provision shall be provided for in the contract, grant or other agreement between the parties.

(Repealed by P.A. 88-648)

Section 1. Short title.

This Act may be cited as the Employee Credit Privacy Act.

(Source: P.A. 96-1426, eff. 1-1-11.)

Section 5. Definitions.

As used in this Act:

"Credit history" means an individual's past borrowing and repaying behavior, including paying bills on time and managing debt and other financial obligations.

"Credit report" means any written or other communication of any information by a consumer reporting agency that bears on a consumer's creditworthiness, credit standing, credit capacity, or credit history.

"Employee" means an individual who receives compensation for performing services for an employer under an express or implied contract of hire.

"Employer" means an individual or entity that permits one or more individuals to work or that accepts applications for employment or is an agent of an employer. "Employer" does not, however, include:

(1) Any bank holding company, financial holding company, bank, savings bank, savings and loan association, credit union, or trust company, or any subsidiary or affiliate thereof, that is authorized to do business under the laws of this State or of the United States.

(2) Any company authorized to engage in any kind of insurance or surety business pursuant to the Illinois Insurance Code, including any employee, agent, or employee of an agent acting on behalf of a company engaged in the insurance or surety business.

(3) Any State law enforcement or investigative unit, including, without limitation, any such unit within the Office of any Executive Inspector General, the Department of State Police, the Department of Corrections, the Department of Juvenile Justice, or the Department of Natural Resources.

(4) Any State or local government agency which otherwise requires use of the employee's or applicant's credit history or credit report.

(5) Any entity that is defined as a debt collector under federal or State statute.

"Financial information" means non-public information on the overall financial direction of an organization, including, but not limited to, company taxes or profit and loss reports.

"Marketable assets" means company property that is specially safeguarded from the public and to which access is only entrusted to managers and select other employees. For the purposes of this Act, marketable assets do not include the fixtures, furnishings, or equipment of an employer.

"Personal or confidential information" means sensitive information that a customer or client of the employing organization gives explicit authorization for the organization to obtain, process, and keep; that the employer entrusts only to managers and a select few employees; or that is stored in secure repositories not accessible by the public or low-level employees.

"State or national security information" means information only offered to select employees because it may jeopardize the security of the State or the nation if it were entrusted to the general public.

"Trade secrets" means sensitive information regarding a company's overall strategy or business plans. This does not include general proprietary company information such as handbooks, policies, or low-level strategies.

(Source: P.A. 96-1426, eff. 1-1-11.)

Section 10. Employment based on credit history or credit report not permitted.

(a) Except as provided in this Section, an employer shall not do any of the following:

(1) Fail or refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment because of the individual's credit history or credit report.

(2) Inquire about an applicant's or employee's credit history.

(3) Order or obtain an applicant's or employee's credit report from a consumer reporting agency.

(b) The prohibition in subsection (a) of this Section does not prevent an inquiry or employment action if a satisfactory credit history is an established bona fide occupational requirement of a particular position or a particular group of an employer's employees. A satisfactory credit history is not a bona fide occupational requirement unless at least one of the following circumstances is present:

(1) State or federal law requires bonding or other security covering an individual holding the position.

(2) The duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more.

(3) The duties of the position include signatory power over business assets of $100 or more per transaction.

(4) The position is a managerial position which involves setting the direction or control of the business.

(5) The position involves access to personal or confidential information, financial information, trade secrets, or State or national security information.

(6) The position meets criteria in administrative rules, if any, that the U.S. Department of Labor or the Illinois Department of Labor has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement.

(7) The employee's or applicant's credit history is otherwise required by or exempt under federal or State law.

(Source: P.A. 96-1426, eff. 1-1-11.)

Section 15. Retaliatory or discriminatory acts.

A person shall not retaliate or discriminate against a person because the person has done or was about to do any of the following:

(1) File a complaint under this Act.

(2) Testify, assist, or participate in an investigation, proceeding, or action concerning a violation of this Act.

(3) Oppose a violation of this Act.

(Source: P.A. 96-1426, eff. 1-1-11.)

Section 20. Waiver.

An employer shall not require an applicant or employee to waive any right under this Act. An agreement by an applicant or employee to waive any right under this Act is invalid and unenforceable.

(Source: P.A. 96-1426, eff. 1-1-11.)

Section 25. Remedies.

(a) A person who is injured by a violation of this Act may bring a civil action in circuit court to obtain injunctive relief or damages, or both.

(b) The court shall award costs and reasonable attorney's fees to a person who prevails as a plaintiff in an action authorized under subsection (a) of this Section.

(Source: P.A. 96-1426, eff. 1-1-11.)

Section 30. Fair Credit Reporting Act.

Nothing in this Act shall prohibit employers from conducting a thorough background investigation, which may include obtaining a report without information on credit history or an investigative report without information on credit history, or both, as permitted under the Fair Credit Reporting Act. This information shall be used for employment purposes only.

(Source: P.A. 96-1426, eff. 1-1-11.)

AUTHORITY: Implementing and authorized by Article 35 of the FY2010 Budget Implementation (Capital) Act (PA 96-37) [30 ILCS 577/Art. 35].

SOURCE: Adopted by emergency rulemaking at 33 Ill. Reg. 16522, effective November 3, 2009, for a maximum of 150 days; emergency expired April 1, 2010; adopted at 34 Ill. Reg. 7703, effective May 19, 2010.

SUBPART A: GENERAL PROVISIONS

Section 270.100 Purpose and Scope

It is the purpose of this Part to prescribe rules outlining the procedures for submission of apprenticeship reports under the State Construction Minority and Female Building Trades Act.

Section 270.110 Definitions

"Apprenticeship Report" means a report compiled by a labor organization or other entity that includes information regarding minority participation in the labor organization's or other entity's apprenticeship program.

"Act" means the State Construction Minority and Female Building Trades Act [30 ILCS 577/Art. 35].

"Construction" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include moving construction related materials on the job site or to or from the job site. (Section 35-5 of the Act)

"Department" means the Illinois Department of Labor.

"Labor Organization or Other Entity" means, for purposes of this Part, an organization or entity in Illinois with one or more apprenticeship programs for construction trades, whether or not recognized and certified by the United States Department of Labor, Bureau of Apprenticeship and Training.

"Under-represented Minority" means African-American, Hispanic, and Asian-American as those terms are defined in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575]. (Section 35-5 of the Act)

SUBPART B: SUBMISSION OF REPORTS

Section 270.200 Contents and Filing of a Report

a) By January 15 of each year, each labor organization or other entity must submit an apprenticeship report to the Illinois Department of Labor regarding all individuals participating in its construction apprenticeship program.

b) The apprenticeship report must include the following information on apprentices in the apprenticeship program of that labor organization or other entity during the preceding calendar year:

1) the official name of the apprenticeship program;

2) contact information for an authorized representative of the apprenticeship program, including name, address, phone number and email address;

3) a verification statement that the records are true and accurate; and

4) the race, gender, ethnicity and national origin for each apprentice in the program.

c) Each apprenticeship report shall be submitted on a form prescribed by the Department. This form is available on the Department's website.

d) All apprenticeship reports shall be filed with the Department's Springfield office at 1 W. Old State Capitol Plaza, Room 300, Springfield IL 62701 and will be considered filed upon receipt.

Section 0.01. Short title.

This Act may be cited as the Advertisement for Strike Workers Act.

(Source: P.A. 86-1324.)

Section 1.

No employer shall advertise seeking to hire employees to replace employees on strike or locked out during any period when a strike or lockout is in progress, which strike or lockout has arisen out of a dispute between the management of the business and persons employed by such management at the time of such dispute who strike or are locked out as the result of failure in settling such dispute, unless it shall be stated in such advertisement that a strike or lockout is in progress at such place of business.

(Source: Laws 1941, vol. 1, p. 659.)

Section 2.

Any person violating the provisions of this Act shall be guilty of a petty offense and shall be fined not more than $300 for each such violation. Each day such advertising appears shall be deemed a separate offense.

(Source: P. A. 77-2415.)

Section 0.01. Short title.

This Act may be cited as the Artistic Contracts by Minors Act.

(Source: P.A. 86-1475.)

Section 1.

(a) A contract or agreement under which a person is employed or agrees to render artistic or creative services that is entered into during minority and that is otherwise valid may not be disaffirmed upon that ground either during the actual minority of the person entering into the contract or at any time thereafter if the contract or agreement has been approved by the circuit court in the county in which the minor resides or is employed.

(b) As used in this Act, "artistic or creative services" includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, or other performer or entertainer, or as a writer, director, producer, production executive, choreographer, composer, conductor, or designer.

(Source: P.A. 86-1395.)

Section 2.

The approval of the circuit court required under Section 1 may be given upon the petition of either party to the contract or agreement after reasonable notice to the other party as may be fixed by the court. The other party shall have the opportunity to appear and be heard. The court's approval shall extend to the whole of the contract or agreement and all of the terms thereof including, but not limited to, any optional or conditional provisions contained therein for extension, prolongation, or termination.

(Source: P.A. 86-1395.)

Section 9.

This Act shall take effect upon becoming law.

(Source: P.A. 86-1395.)

Section 1. Short title.

This Act may be cited as the Broadcast Industry Free Market Act.

(Source: P.A. 92-496, eff. 1-1-02.)

Section 5. Definitions.

As used in this Act:

(a) "Broadcasting industry" means television, radio, and cable stations.

(b) "Broadcast employee" means any employee of a broadcasting industry employer, other than a sales or management employee.

(Source: P.A. 92-496, eff. 1-1-02.)

Section 10. Postemployment covenants not to compete are prohibited.

(a) No broadcasting industry employer may require in an employment contract that an employee or prospective employee refrain from obtaining employment in a specific geographic area for a specific period of time after termination of employment with that broadcasting industry employer.

(b) This Section does not prevent the enforcement of a covenant not to compete during the term of an employment contract or against an employee who breaches an employment contract.

(Source: P.A. 92-496, eff. 1-1-02.)

Section 15. Damages.

Any person or entity that violates Section 10 of this Act is liable for civil damages, attorney's fees, and costs.

(Source: P.A. 92-496, eff. 1-1-02.)