Politics
State Legislature
Illinois Workers' Rights, Fair Wages, and Workplace Accountability Act
Summary
The bill strengthens wage-theft enforcement, workplace safety and retaliation protections, scheduling notice, temporary-worker oversight, worker education, and annual reporting. Many details, costs, and employer exemptions would be determined later through agency rules and appropriations.
Full text
Section 1. Short Title
This Act may be cited as the Illinois Workers' Rights, Fair Wages, and Workplace Accountability Act of 2026.
Section 2. Legislative Findings
The General Assembly finds that:
(a) Workers contribute to the economic prosperity of Illinois and are entitled to the wages and workplace protections established by law.
(b) Wage theft, unlawful employment practices, workplace hazards, and retaliation against workers who exercise their legal rights undermine economic security and fair competition.
(c) Workers employed through temporary staffing agencies, subcontractors, and other employment arrangements may face particular obstacles in identifying responsible employers and enforcing their rights.
(d) Effective labor standards require accessible complaint procedures, meaningful penalties for violations, and sufficient resources for enforcement.
(e) It is the policy of this State to protect lawful worker organizing, promote safe working conditions, and ensure that employment relationships comply with applicable labor laws.
Section 3. Wage Theft Prevention and Recovery
(a) The Illinois Department of Labor shall strengthen procedures for receiving, investigating, and resolving complaints involving unpaid wages, unlawful deductions, unpaid overtime, and other violations of applicable wage laws.
(b) Employers shall provide employees with written information identifying the employer, the employee's rate of pay, the applicable pay schedule, and a method for raising wage complaints, consistent with applicable law.
(c) An employer found to have unlawfully withheld wages shall pay all wages due and any additional damages or penalties authorized by applicable law.
(d) The Department may establish expedited procedures for claims involving documented unpaid wages, subject to notice and an opportunity for the employer to respond.
(e) Employers shall not retaliate against an employee for filing a wage complaint, participating in an investigation, or exercising a right protected by law.
Section 4. Workplace Safety and Employer Accountability
(a) Employers shall comply with applicable federal and state workplace safety requirements.
(b) The Department, in coordination with the appropriate enforcement authorities, shall develop an outreach program to educate workers and employers about workplace hazards, reporting procedures, and applicable safety obligations.
(c) Employers shall not discharge, discipline, threaten, or otherwise retaliate against workers for reporting reasonably perceived workplace hazards or participating in protected safety investigations.
(d) State agencies administering employment-related contracts shall consider documented and legally established workplace safety violations when permitted by applicable procurement law.
(e) Nothing in this Act shall limit the authority of the Occupational Safety and Health Administration or any other agency with jurisdiction over workplace safety.
Section 5. Fair Scheduling and Advance Notice
(a) Covered employers designated by rules adopted under this Act shall provide employees with advance notice of work schedules, subject to reasonable exceptions for emergencies and unforeseen operational circumstances.
(b) The Department may establish minimum advance-notice periods, procedures for schedule changes, and compensation requirements for qualifying last-minute changes.
(c) Covered employers shall adopt a process through which employees may communicate scheduling conflicts and request reasonable adjustments.
(d) Rules adopted under this Section shall consider the operational needs of small businesses and shall provide appropriate exemptions for qualifying employers.
(e) Nothing in this Section shall be construed to guarantee a minimum number of working hours unless otherwise required by law or contract.
Section 6. Temporary and Contract Worker Protections
(a) The Department shall develop guidance clarifying the wage, safety, and recordkeeping obligations applicable to temporary staffing agencies and the businesses that utilize their services.
(b) Staffing agencies and host employers shall maintain records sufficient to establish compliance with applicable wage and employment laws.
(c) Where permitted by applicable law, the Department may investigate staffing agencies and host employers whose conduct may have contributed to a violation.
(d) Nothing in this Act independently establishes joint-employer liability where such liability is not recognized under applicable law.
(e) Workers shall receive information explaining how to report suspected violations without unlawful retaliation.
Section 7. Protection Against Employment Discrimination and Retaliation
(a) Employers shall comply with applicable federal and Illinois laws prohibiting employment discrimination.
(b) No employer shall retaliate against a worker for exercising a right protected by this Act or participating in a proceeding authorized under this Act.
(c) The Department shall coordinate with the Illinois Department of Human Rights and other relevant agencies to refer complaints falling within their jurisdiction.
(d) Remedies shall be those authorized by applicable law, including reinstatement, back pay, civil penalties, or other relief where legally available.
Section 8. Worker Education and Legal Assistance
(a) The Department shall establish a Workers' Rights Education Program to provide accessible information concerning wages, overtime, workplace safety, discrimination, and retaliation.
(b) Subject to appropriation, the Department may award grants to qualified nonprofit organizations, legal aid providers, and educational institutions to provide worker education and assistance.
(c) Materials shall be made available in commonly used languages throughout Illinois, subject to available resources.
(d) The Department shall maintain an accessible public information portal identifying complaint procedures, relevant agencies, and available legal assistance.
Section 9. Enforcement and Civil Penalties
(a) The Department may investigate alleged violations within its jurisdiction in accordance with applicable law.
(b) Following appropriate notice and an opportunity to respond, the Department may issue orders, assess administrative penalties, or refer matters for further enforcement where authorized by law.
(c) Penalties established under this Act shall account for the seriousness of the violation, the number of affected workers, repeated noncompliance, and other relevant circumstances.
(d) The Department shall establish procedures for appeals and administrative review consistent with the Illinois Administrative Procedure Act.
(e) Nothing in this Act shall eliminate any existing civil remedy available to a worker under federal, state, or local law.
Section 10. Annual Labor Compliance Report
(a) The Department shall submit an annual report to the Governor and General Assembly detailing:
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The number and types of labor complaints received.
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The number of investigations completed.
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Wages recovered on behalf of workers.
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Penalties assessed and collected.
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Workplace safety and retaliation complaints referred to appropriate authorities.
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Enforcement staffing and resource needs.
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Recommendations for improving compliance with Illinois labor laws.
(b) The report shall protect confidential information and personal data as required by law.
Section 11. Funding
(a) Subject to appropriation by the General Assembly, funds shall be provided to the Department to administer the programs established under this Act.
(b) The Department shall submit a proposed implementation budget identifying staffing, outreach, technology, and enforcement costs.
(c) No expenditure shall be made from the State treasury except as authorized by law.
Section 12. Rulemaking
The Department may adopt rules necessary to implement this Act, including rules concerning covered employers, recordkeeping, complaint procedures, worker education, and enforcement, consistent with existing state and federal law.
Section 13. Severability
If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Section 14. Effective Date
This Act shall take effect as soon as it gets implemented.
Judicial Review
No Supreme Court cases are currently attached to this law.
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