Business Advice and Financial Planning

Protecting Your Credit After Data Breaches

October
2019
Article
, Page 18
As data breaches occur with more frequency, protecting your credit becomes top of mind.

Public Act 101-430

Topic: 
Human Rights Act

House Bill 252 (Guzzardi, D-Chicago; Castro, D-Elgin) defines “employer” to include any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Exempts any place of worship. It was signed by the Governor yesterday and will take effect July 1, 2020.

Public Act 101-342

Topic: 
Revised Uniform Unclaimed Property Act

(Sims, D-Chicago; Meyers-Martin, D-Matteson) provides that an heir or agent who files an unclaimed property claim in which the decedent's property does not exceed $100 may submit an affidavit attesting to the heir's or agent's capacity to claim in lieu of submitting a certified copy to verify a claim. The affidavit must be accompanied by a copy of other documentary proof that the State Treasurer requests. Allows the State Treasurer to change the maximum value by administrative rule. Effective August 9, 2019.

Public Act 101-177

Topic: 
Equal Pay Act

(Moeller, D-Elgin; Castro, D-Elgin) makes it unlawful for an employer to require an employee to sign a contract or waiver that would prohibit the employee from disclosing or discussing information about the employee’s wages, salary, benefits, or other compensation. It also makes it unlawful for an employer to seek the wage or salary history—including benefits or other compensation—of a job applicant from any current or former employer unless it is a matter of public record or if the job applicant is a current employee  and is applying for a position with the same current employer. Makes other changes. Takes effect 60 days after it becomes law or March 1, 2020. 

Public Act 101-135

Topic: 
Emancipation of minors

(Welter, R-Morris; McConchie, R-Lake Zurich) deletes language stating that no order of complete or partial emancipation may be entered if there is any objection by the minor’s parents or guardian. Instead, it provides that such an order may be entered if the court finds, in a hearing, that emancipation would be in the minor’s best interests. Effective immediately. 

 

Public Act 101-163

Topic: 
Advance directives

(Morrison, D-Deerfield; Moeller, D-Elgin) requires that the Department of Public Health study the feasibility of creating a statewide registry of advance directives and POLST (practitioner order for life-sustaining treatment) forms. It also allows the various advance directives to be in hard or electronic format under the Illinois Commerce Security Act (5 ILCS 175/5-115).

Effective January 1, 2020.

Public Act 101-48

Topic: 
Illinois Trust Code

(Ann Williams, D-Chicago; Mulroe, D-Chicago) is an Illinois-centric version of the Uniform Trust Code. It is intended to modernize trust law in the State of Illinois, codify common law concepts that currently apply to trusts, and provide uniformity in relation to trust law in other states.  Effective January 1, 2020.

House Bill 834

Topic: 
Equal Pay Act of 2003

(Moeller, D-Elgin; Castro, D-Elgin) amends the Equal Pay Act of 2003 to make it unlawful for an employer to require an employee to sign a contract or waiver that would prohibit the employee from disclosing or discussing information about the employee’s wages, salary, benefits, or other compensation. It also makes it unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer with exceptions if it is a matter of public record or if the job applicant is a current employee and is applying for a position with the same current employer. Makes other changes. Sent to the Governor and would take effect 60 days after it becomes law (March 1, 2020). 
 

Senate Bill 75

Topic: 
Workplace Transparency Act

(Bush, D-Grayslake; Ann Williams, D-Chicago) prohibits an employer from requiring an employee or prospective employee as a precondition of employment to enter into an agreement or waiver that (1) prevents him or her from disclosing alleged unlawful employment practices, including sexual harassment, discrimination or retaliation; or (2) requires him or her to waive, arbitrate, or otherwise diminish any future claim related to unlawful employment practices. Voids any agreement or waiver to the extent it denies a substantive or procedural right or remedy. 

It does allow the parties to enter into: (1) an agreement or waiver if mutually agreed to and complies with certain disclosure and reporting requirements; and (2) a valid and enforceable confidential settlement agreements related to alleged unlawful employment practices if the parties comply with certain requirements designed to protect the employee and prospective employee. Provides for attorney’s fees and costs for a violation of the Act.

Amends The Human Right Act by defining “harassment” and prohibiting harassment and sexual harassment of nonemployees in the workplace. Holds the employer responsible for harassment or sexual harassment of nonemployees under certain conditions. Amends unlawful discrimination to be what is “actual or perceived” in the context of race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from the military. Expands “working environment” to be outside of the physical location to which an employee is assigned to perform their duties. Creates employer disclosure requirements regarding settlements of such claims. Requires the Illinois Department of Human Rights to develop a model sexual harassment prevention training program and to make it available to employers online at no cost. Every employer must use the model created or develop their own that must be the same or better than the Department’s and train their employees on a yearly basis subject to civil penalties for non-compliance. Provides for additional training and safety measures for employees of restaurants and bars to be available in English and Spanish.   

Amends The Victims’ Economic Security and Safety Act to define “gender violence” and include it as an entitlement for leave from employment that currently includes only domestic violence and sexual violence. 

Passed both chambers. Effective January 1, 2020. 

House Bill 29

Topic: 
Condos and common-interest community associations

(Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State affecting community instruments and accounting practices.

It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State affecting an association’s: budgeting practices; sale of property; notice requirements; contracts with board members; voting procedures; property improvement procedures; accounting practices; collection and sharing of records; amendment to the condominium instruments; and subdivision or combination of units. It has been sent to the House floor by the House Judiciary Committee.