As we begin to assess 2023 from a viewpoint of advocacy and where businesses landed from a local and state standpoint, the State of Illinois and our more localized municipalities have seen changes in the way business is conducted. We’re preparing for more of the same in 2024.
The most noteworthy law taking effect in Illinois was the SAFE-T Act, which went into effect on September 18th after a legal challenge from the Illinois Sheriff’s Association, which argued that the act was unconstitutional. The Illinois Supreme Court disagreed, and the first fully no-cash bail law, which eliminates the requirement that individuals post bail in order to be released before trial, was enacted. As a Chamber of Commerce, we have an interest in the effects of the law on the business community. As we approach 100 days under the new system, we might ask what trends are developing, what perceptions are coming to light, and what are the facts? What changes may be needed to improve and/or strengthen the law to work for everyone?
The NACC would like to have those conversations and be a part of the solutions. The Chamber will host an event focused on the first 100 days of the Act on February 1st, featuring DuPage County State’s Attorney Bob Berlin and Naperville Chief of Police Jason Arres. Stay tuned for further details and registration.
The Chamber also focused on revisions to the Biometric Information Privacy Act (BIPA) as the law’s large settlement outcomes in court have attracted additional class action suits. Lawsuits have affected both small businesses and large corporations equally, with average settlements totaling $2-$3 million dollars. However, with the landmark settlements in the hundreds of millions and possibly billions of dollars, a spike in BIPA lawsuits has taken place in 2023. It’s worth noting that GIPA (Genetic Information Privacy Act) cases have begun to surface as the Act instructs higher penalties than BIPA, ranging from $2,500 – $15,000 per violation. The NACC will continue to work with fellow Chambers and the Illinois Chamber to provide feedback, solutions, and member stories to address this legislation.
The Day and Temporary Labor Services Act, which became effective August 4, 2023, has been challenged recently with a lawsuit filed in November. Staffing agencies and associations argue that certain requirements clash with federal law, are overly burdensome, and cannot be complied with. During the recent Veto Session, the equal pay for equal work provision under the law now specifies that the calculation of the 90 calendar days may not begin until April 1, 2024. For more information, please refer to the following link.
Moving into 2024, the NACC recently hosted a Paid Leave for All Workers (PLAWA) webinar, which focused on the new provision for nearly all workers in the State of Illinois. Members are urged to familiarize themselves with the upcoming changes effective January 1, 2024, and put policies in place (if not already) that help set legal parameters while not violating the law. Additional employment laws will also become effective at the beginning of the new year, and the NACC will be providing additional information throughout the month of December to keep you informed of those amendments. For FAQs regarding PLAWA, please refer to the following link. A recording of the NACC webinar will be posted to our website in the coming days.
The NACC is poised to build relationships and continue our advocacy initiatives and education into 2024 and beyond. Please contact Government Affairs Manager Nadine Scodro with any questions.