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Illinois General Assembly· HB 2488Governor Approved

OCCUPATIONAL SAFETY-PENALTY, the official text

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HB2488 Enrolled                     LRB104 06524 SPS 16560 b

1   AN ACT concerning employment.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Equal Pay Act of 2003 is amended by changing

5 Section 11 as follows:

6   (820 ILCS 112/11)

7   Sec. 11. Equal pay registration certificate requirements;

8 application. For the purposes of this Section 11 only,

9 "business" means any private employer who has 100 or more

10 employees in the State of Illinois and is required to file an

11 Annual Employer Information Report EEO-1 with the Equal

12 Employment Opportunity Commission, but does not include the

13 State of Illinois or any political subdivision, municipal

14 corporation, or other governmental unit or agency.

15  (a) A business must obtain an equal pay registration

16 certificate from the Department.

17  (b) Any business subject to the requirements of this

18 Section that is authorized to transact business in this State

19 on March 23, 2021 shall submit an application to obtain an

20 equal pay registration certificate, between March 24, 2022 and

21 March 23, 2024, and must recertify every 2 years thereafter.

22 Any business subject to the requirements of this Section that

23 is authorized to transact business in this State after March
    HB2488 Enrolled   -2-  LRB104 06524 SPS 16560 b

1 23, 2021 must submit an application to obtain an equal pay

2 registration certificate within 3 years of commencing business

3 operations, but not before January 1, 2024, and must recertify

4 every 2 years thereafter. The Department shall collect contact

5 information from each business subject to this Section. The

6 Department shall assign each business a date by which it must

7 submit an application to obtain an equal pay registration

8 certificate. The business shall recertify every 2 years at a

9 date to be determined by the Department. When a business

10 receives a notice from the Department to recertify for its

11 equal pay registration certificate, if the business has fewer

12 than 100 employees, the business must certify in writing to

13 the Department that it is exempt from this Section. Any new

14 business that is subject to this Section and authorized to

15 conduct business in this State, after the effective date of

16 this amendatory Act of the 102nd General Assembly, shall

17 submit its contact information to the Department by January 1

18 of the following year and shall be assigned a date by which it

19 must submit an application to obtain an equal pay registration

20 certificate. The Department's failure to assign a business a

21 registration date does not exempt the business from compliance

22 with this Section. The failure of the Department to notify a

23 business of its recertification deadline may be a mitigating

24 factor when making a determination of a violation of this

25 Section.

26  (c) Application.
    HB2488 Enrolled  -3-            LRB104 06524 SPS 16560 b

1   (1) A business shall apply for an equal pay

2   registration certificate by paying a $150 filing fee and

3   submitting wage records and an equal pay compliance

4   statement to the Director as follows:

5   (A) Wage Records. Any business that is subject to

6   this Section required to file an annual Employer

7   Information Report EEO-1 with the Equal Employment

8   Opportunity Commission must submit to the Director a

9   list of all employees during the past calendar year,

10  separated by gender and the race and ethnicity

11  categories, as reported in the business's most

12  recently filed Employer Information Report EEO-1, and

13  the county in which the employee works, the date the

14  employee started working for the business, any other

15  information the Department deems necessary to

16  determine if pay equity exists among employees, and

17  report the total wages as defined by Section 2 of the

18  Illinois Wage Payment and Collection Act paid to each

19  employee during the past calendar year, rounded to the

20  nearest $100, to the Director.

21  (B) Equal Pay Compliance Statement. The business

22  must submit a statement signed by a corporate officer,

23  legal counsel, or authorized agent of the business

24  certifying:

25                   (i) that the business is in compliance with

26  this Act and other relevant laws, including but
    HB2488 Enrolled  -4-  LRB104 06524 SPS 16560 b

1   not limited to: Title VII of the Civil Rights Act

2   of 1964, the Equal Pay Act of 1963, the Illinois

3   Human Rights Act, and the Equal Wage Act;

4                    (ii) that the average compensation for its

5   female and minority employees is not consistently

6   below the average compensation for its male and

7   non-minority employees within each job category of

8   the major job categories in the Employer

9   Information Report EEO-1 for which an employee is

10  expected to perform work, taking into account

11  factors such as length of service, requirements of

12  specific jobs, experience, skill, effort,

13  responsibility, working conditions of the job,

14  education or training, job location, use of a

15  collective bargaining agreement, or other

16  mitigating factors; as used in this subparagraph,

17  "job category" means one of the following job

18  categories: executive/senior-level officials and

19  managers, first/mid-level officials and managers,

20  professionals, technicians, sales workers,

21  administrative support workers, craft workers,

22  operatives, laborers and helpers, and service

23  workers; as used in this subparagraph, "minority"

24  has the meaning ascribed to that term in paragraph

25  (1) of subsection (A) of Section 2 of the Business

26  Enterprise for Minorities, Women, and Persons with
    HB2488 Enrolled  -5-  LRB104 06524 SPS 16560 b

1   Disabilities Act; and as used in this

2   subparagraph, "compensation" means remuneration or

3   compensation an employee receives in return for

4   services rendered to an employer, including hourly

5   wages, overtime wages, commissions, piece rate

6   work, salary, bonuses, or any other basis of

7   calculation for services performed;

8                    (iii) that the business does not restrict

9   employees of one sex to certain job

10  classifications, and makes retention and promotion

11  decisions without regard to sex;

12                   (iv) that wage and benefit disparities are

13  corrected when identified to ensure compliance

14  with the Acts cited in item (i);

15                   (v) how often wages and benefits are

16  evaluated; and

17                   (vi) the approach the business takes in

18  determining what level of wages and benefits to

19  pay its employees; acceptable approaches include,

20  but are not limited to, a wage and salary survey.

21  (C) Filing fee. The business shall pay to the

22  Department a filing fee of $150. Proceeds from the

23  fees collected under this Section shall be deposited

24  into the Equal Pay Fund, a special fund created in the

25  State treasury.

26  (2) Receipt of the equal pay compliance application
   HB2488 Enrolled          -6-  LRB104 06524 SPS 16560 b

1  and statement by the Director does not establish

2  compliance with the Acts set forth in item (i) of

3  subparagraph (B) of paragraph (1) of this subsection (c).

4  (3) A business that has employees in multiple

5  locations or facilities in Illinois shall submit a single

6  application to the Department regarding all of its

7  operations in Illinois.

8  (d) Issuance or rejection of registration certificate.

9 After January 1, 2022, the Director must issue an equal pay

10 registration certificate, or a statement of why the

11 application was rejected, within 45 calendar days of receipt

12 of the application. Applicants shall have the opportunity to

13 cure any deficiencies in its application that led to the

14 rejection, and re-submit the revised application to the

15 Department within 30 calendar days of receiving a rejection.

16 Applicants shall have the ability to appeal rejected

17 applications. An application may be rejected only if it does

18 not comply with the requirements of subsection (c), or the

19 business is otherwise found to be in violation of this Act. The

20 receipt of an application by the Department, or the issuance

21 of a registration certificate by the Department, shall not

22 establish compliance with the Equal Pay Act of 2003 as to all

23 Sections except Section 11. The issuance of a registration

24 certificate shall not be a defense against any Equal Pay Act

25 violation found by the Department, nor a basis for mitigation

26 of damages.
    HB2488 Enrolled             -7-  LRB104 06524 SPS 16560 b

1   (e) Revocation of registration certificate. An equal pay

2 registration certificate for a business may be suspended or

3 revoked by the Director when the business fails to make a good

4 faith effort to comply with the Acts identified in item (i) of

5 subparagraph (B) of paragraph (1) of subsection (c), fails to

6 make a good faith effort to comply with this Section, or has

7 multiple violations of this Section or the Acts identified in

8 item (i) of subparagraph (B) of paragraph (1) of subsection

9 (c). Prior to suspending or revoking a registration

10 certificate, the Director must first have sought to conciliate

11 with the business regarding wages and benefits due to

12 employees.

13  Consistent with Section 25, prior to or in connection with

14 the suspension or revocation of an equal pay registration

15 certificate, the Director, or his or her authorized

16 representative, may interview workers, administer oaths, take

17 or cause to be taken the depositions of witnesses, and require

18 by subpoena the attendance and testimony of witnesses, and the

19 production of personnel and compensation information relative

20 to the matter under investigation, hearing or a

21 department-initiated audit.

22  Neither the Department nor the Director shall be held

23 liable for good faith errors in issuing, denying, suspending

24 or revoking certificates.

25  (f) Administrative review. A business may obtain an

26 administrative hearing in accordance with the Illinois
    HB2488 Enrolled        -8-  LRB104 06524 SPS 16560 b

1 Administrative Procedure Act before the suspension or

2 revocation of its certificate or imposition of civil penalties

3 as provided by subsection (i) is effective by filing a written

4 request for hearing within 20 calendar days after service of

5 notice by the Director.

6   (g) Technical assistance. The Director must provide

7 technical assistance to any business that requests assistance

8 regarding this Section.

9   (h) Access to data.

10  (1) Any individually identifiable information

11  submitted to the Director within or related to an equal

12  pay registration application or otherwise provided by an

13  employer in its equal pay compliance statement under

14  subsection (c) shall be considered confidential

15  information and not subject to disclosure pursuant to the

16  Illinois Freedom of Information Act. As used in this

17  Section, "individually identifiable information" means

18  data submitted pursuant to this Section that is associated

19  with a specific person or business. Aggregate data or

20  reports that are reasonably calculated to prevent the

21  association of any data with any individual business or

22  person are not confidential information. Aggregate data

23  shall include the job category and the average hourly wage

24  by county for each gender, race, and ethnicity category on

25  the registration certificate applications. The Department

26  of Labor may compile aggregate data from registration
    HB2488 Enrolled         -9-    LRB104 06524 SPS 16560 b

1   certificate applications.

2   (2) The Director's decision to issue, not issue,

3   revoke, or suspend an equal pay registration certificate

4   is public information.

5   (3) Notwithstanding this subsection (h), a current

6   employee of a covered business may request anonymized data

7   regarding their job classification or title and the pay

8   for that classification. No individually identifiable

9   information may be provided to an employee making a

10  request under this paragraph.

11  (4) Notwithstanding this subsection (h), the

12  Department may share data and identifiable information

13  with the Department of Human Rights, pursuant to its

14  enforcement of Article 2 of the Illinois Human Rights Act,

15  or the Office of the Attorney General, pursuant to its

16  enforcement of Section 10-104 of the Illinois Human Rights

17  Act.

18  (5) Any Department employee who willfully and

19  knowingly divulges, except in accordance with a proper

20  judicial order or otherwise provided by law, confidential

21  information received by the Department from any business

22  pursuant to this Act shall be deemed to have violated the

23  State Officials and Employees Ethics Act and be subject to

24  the penalties established under subsections (e) and (f) of

25  Section 50-5 of that Act after investigation and

26  opportunity for hearing before the Executive Ethics
    HB2488 Enrolled       - 10 - LRB104 06524 SPS 16560 b

1   Commission in accordance with Section 20-50 of that Act.

2   (i) Penalty. Falsification or misrepresentation of

3 information on an application submitted to the Department

4 shall constitute a violation of this Act and the Department

5 may seek to suspend or revoke an equal pay registration

6 certificate or impose civil penalties as provided under

7 subsection (c) of Section 30.

8 (Source: P.A. 102-36, eff. 6-25-21; 102-705, eff. 4-22-22;

9 103-201, eff. 1-1-24.)

10  Section 10. The Prevailing Wage Act is amended by changing

11 Section 2 as follows:

12  (820 ILCS 130/2)

13  Sec. 2. This Act applies to the wages of laborers,

14 mechanics and other workers employed in any public works, as

15 hereinafter defined, by any public body and to anyone under

16 contracts for public works. This includes any maintenance,

17 repair, assembly, or disassembly work performed on equipment

18 whether owned, leased, or rented.

19  As used in this Act, unless the context indicates

20 otherwise:

21  "Public works" means all fixed works constructed or

22 demolished by any public body, or paid for wholly or in part

23 out of public funds. "Public works" as defined herein includes

24 all projects financed in whole or in part with bonds, grants,
HB2488 Enrolled  - 11 - LRB104 06524 SPS 16560 b

 1 loans, or other funds made available by or through the State or
 2 any of its political subdivisions, including but not limited
 3 to: bonds issued under the Industrial Project Revenue Bond Act
 4 (Article 11, Division 74 of the Illinois Municipal Code), the
 5 Industrial Building Revenue Bond Act, the Illinois Finance
 6 Authority Act, the Illinois Sports Facilities Authority Act,
 7 or the Build Illinois Bond Act; loans or other funds made
 8 available pursuant to the Build Illinois Act; loans or other
 9 funds made available pursuant to the Riverfront Development
10 Fund under Section 10-15 of the River Edge Redevelopment Zone
11 Act; or funds from the Fund for Illinois' Future under Section
12 6z-47 of the State Finance Act, funds for school construction
13 under Section 5 of the General Obligation Bond Act, funds
14 authorized under Section 3 of the School Construction Bond
15 Act, funds for school infrastructure under Section 6z-45 of
16 the State Finance Act, and funds for transportation purposes
17 under Section 4 of the General Obligation Bond Act. "Public
18 works" also includes (i) all projects financed in whole or in
19 part with funds from the Environmental Protection Agency under
20 the Illinois Renewable Fuels Development Program Act for which
21 there is no project labor agreement; (ii) all work performed
22 pursuant to a public private agreement under the Public
23 Private Agreements for the Illiana Expressway Act or the
24 Public-Private Agreements for the South Suburban Airport Act;
25 (iii) all projects undertaken under a public-private agreement
26 under the Public-Private Partnerships for Transportation Act
HB2488 Enrolled  - 12 - LRB104 06524 SPS 16560 b

 1 or the Department of Natural Resources World Shooting and
 2 Recreational Complex Act; and (iv) all transportation
 3 facilities undertaken under a design-build contract or a
 4 Construction Manager/General Contractor contract under the
 5 Innovations for Transportation Infrastructure Act. "Public
 6 works" also includes all projects at leased facility property
 7 used for airport purposes under Section 35 of the Local
 8 Government Facility Lease Act. "Public works" also includes
 9 the construction of a new wind power facility by a business
10 designated as a High Impact Business under Section
11 5.5(a)(3)(E) of the Illinois Enterprise Zone Act, the
12 construction of a new utility-scale solar power facility by a
13 business designated as a High Impact Business under Section
14 5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act, the
15 construction of a new battery energy storage solution facility
16 by a business designated as a High Impact Business under
17 Section 5.5(a)(3)(I) of the Illinois Enterprise Zone Act, and
18 the construction of a high voltage direct current converter
19 station by a business designated as a High Impact Business
20 under Section 5.5(a)(3)(J) of the Illinois Enterprise Zone
21 Act. "Public works" also includes electric vehicle charging
22 station projects financed pursuant to the Electric Vehicle Act
23 and renewable energy projects required to pay the prevailing
24 wage pursuant to the Illinois Power Agency Act. "Public works"
25 also includes power washing projects by a public body or paid
26 for wholly or in part out of public funds in which steam or
HB2488 Enrolled  - 13 - LRB104 06524 SPS 16560 b

 1 pressurized water, with or without added abrasives or
 2 chemicals, is used to remove paint or other coatings, oils or
 3 grease, corrosion, or debris from a surface or to prepare a
 4 surface for a coating. "Public works" also includes all
 5 electric transmission systems projects subject to the Electric
 6 Transmission Systems Construction Standards Act. "Public
 7 works" does not include work done directly by any public
 8 utility company, whether or not done under public supervision
 9 or direction, or paid for wholly or in part out of public
10 funds. "Public works" also includes construction projects
11 performed by a third party contracted by any public utility,
12 as described in subsection (a) of Section 2.1, in public
13 rights-of-way, as defined in Section 21-201 of the Public
14 Utilities Act, whether or not done under public supervision or
15 direction, or paid for wholly or in part out of public funds.
16 "Public works" also includes construction projects that exceed
17 15 aggregate miles of new fiber optic cable, performed by a
18 third party contracted by any public utility, as described in
19 subsection (b) of Section 2.1, in public rights-of-way, as
20 defined in Section 21-201 of the Public Utilities Act, whether
21 or not done under public supervision or direction, or paid for
22 wholly or in part out of public funds. "Public works" also
23 includes any corrective action performed pursuant to Title XVI
24 of the Environmental Protection Act for which payment from the
25 Underground Storage Tank Fund is requested. "Public works"
26 also includes all construction projects involving fixtures or
    HB2488 Enrolled  - 14 - LRB104 06524 SPS 16560 b

1 permanent attachments affixed to light poles that are owned by

2 a public body, including street light poles, traffic light

3 poles, and other lighting fixtures, whether or not done under

4 public supervision or direction, or paid for wholly or in part

5 out of public funds, unless the project is performed by

6 employees employed directly by the public body. "Public works"

7 also includes work performed subject to the Mechanical

8 Insulation Energy and Safety Assessment Act. "Public works"

9 also includes the removal, hauling, and transportation of

10 biosolids, lime sludge, and lime residue from a water

11 treatment plant or facility and the disposal of biosolids,

12 lime sludge, and lime residue removed from a water treatment

13 plant or facility at a landfill. "Public works" does not

14 include projects undertaken by the owner at an owner-occupied

15 single-family residence or at an owner-occupied unit of a

16 multi-family residence. "Public works" does not include work

17 performed for soil and water conservation purposes on

18 agricultural lands, whether or not done under public

19 supervision or paid for wholly or in part out of public funds,

20 done directly by an owner or person who has legal control of

21 those lands.

22  "Construction" means all work on public works involving

23 laborers, workers or mechanics. This includes any maintenance,

24 repair, assembly, or disassembly work performed on equipment

25 whether owned, leased, or rented.

26  "Locality" means the county where the physical work upon
    HB2488 Enrolled  - 15 - LRB104 06524 SPS 16560 b

1 public works is performed, except (1) that if there is not

2 available in the county a sufficient number of competent

3 skilled laborers, workers and mechanics to construct the

4 public works efficiently and properly, "locality" includes any

5 other county nearest the one in which the work or construction

6 is to be performed and from which such persons may be obtained

7 in sufficient numbers to perform the work and (2) that, with

8 respect to contracts for highway work with the Department of

9 Transportation of this State, "locality" may at the discretion

10 of the Secretary of the Department of Transportation be

11 construed to include two or more adjacent counties from which

12 workers may be accessible for work on such construction.

13  "Public body" means the State or any officer, board or

14 commission of the State or any political subdivision or

15 department thereof, or any institution supported in whole or

16 in part by public funds, and includes every county, city,

17 town, village, township, school district, irrigation, utility,

18 reclamation improvement or other district and every other

19 political subdivision, district or municipality of the state

20 whether such political subdivision, municipality or district

21 operates under a special charter or not.

22  "Labor organization" means an organization that is the

23 exclusive representative of an employer's employees recognized

24 or certified pursuant to the National Labor Relations Act.

25  The terms "general prevailing rate of hourly wages",

26 "general prevailing rate of wages" or "prevailing rate of
    HB2488 Enrolled  - 16 - LRB104 06524 SPS 16560 b

 1 wages" when used in this Act mean the hourly cash wages plus
 2 full journeyman annualized fringe benefits for training and
 3 apprenticeship programs registered with approved by the Office
 4 of Apprenticeship within the U.S. Department of Labor's
 5 Employment and Training Administration with full journeymen
 6 annualized fringe benefits for U.S. Department of Labor,
 7 Bureau of Apprenticeship and Training, health and welfare,
 8 insurance, vacations and pensions paid generally, in the
 9 locality in which the work is being performed, to employees
10 engaged in work of a similar character on public works.
11 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
12 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
13 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
14 eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
15 103-605, eff. 7-1-24; 103-1066, eff. 2-20-25.)

16  Section 99. Effective date. This Act takes effect upon

17 becoming law.
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