As employers prepare for the new year, the following is a high-level overview of Illinois employment law developments. The developments include a new constitutional right for workers to organize and collectively bargain; changes to leave, rest, and anti-discrimination laws; upcoming equal pay certification requirements; minimum wage increases; continued expansion of the secure choice retirement savings program; and annual sexual harassment prevention training requirement under both Illinois and Chicago laws.
Illinois Approves Landmark Workers' Rights Amendment, Litigation Anticipated
In the November 2022 election, Illinois voters approved the Workers' Rights Amendment ("WRA") to the Illinois Constitution. The WRA guarantees workers a right to organize and collectively bargain over wages, hours, and other terms and conditions of employment. The WRA also permits mandatory union membership as a condition precedent to employment, prohibiting right-to-work laws.
The WRA provides in pertinent part: "No law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and workplace safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment."
Litigation challenging the WRA is...
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