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ILLINOIS
EMPLOYMENT

Last update: 2011-11-09


  • Labor Relations
    • Labor Dispute Act.
    • Collective Bargaining Successor Employer Act.
    • Employment Contract Act.
    • Broadcast Industry Free Market Act.
    • Artistic Contracts by Minors Act.
    • Advertisement for Strike Workers Act.
    • Employment of Strikebreakers Act.
    • Employee Arbitration Act.
    • Personnel Record Review Act.
    • Health Insurance Claim Filing Act.
    • Workplace Literacy Act.
    • Right to Privacy in the Workplace Act.
    • Union Employee Health and Benefits Protection Act.
    • Illinois Worker Adjustment and Retraining Notification Act.
    • Employee Credit Privacy Act.
  • Wages and Hours
    • Minimum Wage Law.
    • Equal Wage Act.
    • Equal Pay Act of 2003.
    • Illinois Wage Payment and Collection Act.
    • Sales Representative Act.
    • Wages of Women and Minors Act.
    • Prevailing Wage Act.
    • Burial Rights Act.
    • One Day Rest in Seven Act.
    • Eight Hour Work Day Act.
    • School Visitation Rights Act.
    • Civil Air Patrol Leave Act.
    • Employee Blood Donation Leave Act.
    • Employee Medical Contribution Act.
    • Family Military Leave Act.
    • Employer as Lessee Bond Act.
    • Employee Benefit Contribution Act.
    • Personal Service Wage Refund Act.
    • Earned Income Tax Credit Information Act.
    • Day and Temporary Labor Services Act.
    • Victims' Economic Security and Safety Act.
    • Employee Classification Act.
    • Illinois Fringe Benefit Portability and Continuity Act.
  • Health and Safety
    • Child Labor Law.
    • Disclosure of Offenses Against Children Act.
    • Safety Inspection and Education Act.
    • Health and Safety Act.
    • Employee Washroom Act.
    • Medical Examination of Employees Act.
    • Work Under Compressed Air Act.
    • Underground Sewer Employee Safety Act.
    • Toxic Substances Disclosure to Employees Act.
    • Nursing Mothers in the Workplace Act.
    • Substance Abuse Prevention on Public Works Projects Act.
  • Injuries
    • Workers' Compensation Act.
    • Workers' Occupational Diseases Act.
    • Line of Duty Compensation Act.
    • Public Safety Employee Benefits Act.
  • Unemployment Insurance
    • Unemployment Insurance Act.

LABOR RELATIONS

LABOR DISPUTE ACT.

Section 1

(820 ILCS 5/1) (from Ch. 48, par. 2a)

No restraining order or injunction shall be granted by any court of this State in any case involving or growing out of a dispute concerning terms or conditions of employment, enjoining or restraining any person or persons, either singly or in concert, from terminating any relation of employment or from ceasing to perform any work or labor, or from peaceably and without threats or intimidation recommending, advising, or persuading others so to do; or from peaceably and without threats or intimidation being upon any public street, or thoroughfare or highway for the purpose of obtaining or communicating information, or to peaceably and without threats or intimidation persuade any person or persons to work or to abstain from working, or to employ or to peaceably and without threats or intimidation cease to employ any party to a labor dispute, or to recommend, advise, or persuade others so to do.

(Source: P.A. 83-334.)

Section 1.1. Short Title

(820 ILCS 5/1.1) (from Ch. 48, par. 2a.1)

This Act may be cited as the Labor Dispute Act.

(Source: P.A. 86-1324.)

Section 1.2. Legislative Findings and Declaration

(820 ILCS 5/1.2)

The General Assembly finds that a union, union members, sympathizers, and an employer's employees have a right to communicate their dispute with a primary employer to the public by picketing the primary employer wherever they happen to be. The picketing may take place not only at the employer's main facility, but at job sites as well. The General Assembly recognizes that peaceful primary picketing of any type is explicitly permitted by statute pursuant to the National Labor Relations Act, 29 U.S.C. 151 et seq., and the Labor Management Relations Act, 29 U.S.C. 141 et seq., including the right to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection as provided in 29 U.S.C. 157 et seq.

(Source: P.A. 94-321, eff. 1-1-06.)

Section 1.3. Definitions

(820 ILCS 5/1.3)

As used in Section 1.2 through 1.5:

"Employee" means any individual permitted to work by an employer in an occupation.

"Employer" means any individual, partnership, association, corporation, business trust, governmental or quasi-governmental body, or any person or group of persons that employs any person to work, labor, or exercise skill in connection with the operation of any business, industry, vocation, or occupation.

"Picketing" means the stationing of a person for an organization to apprise the public by signs or other means of the existence of a dispute pursuant to the National Labor Relations Act, 29 U.S.C. 151 et seq., and the Labor Management Relations Act, 29 U.S.C. 141 et seq.

"Dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment or other protest, regardless of whether or not the disputants stand in the proximate relationship of employer and employee.

"Public right of way" means that portion of the highway or street adjacent to the roadway for accommodating stopped vehicles or for emergency use; or that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines.

"Temporary sign" means a sign or other display or device that is not permanently affixed and is capable of being removed at the end of each day or shift.

"Temporary shelter" means a tent or shelter that is not permanently affixed and is capable of being removed at the end of each day or shift, not to exceed 300 square feet in size.

(Source: P.A. 94-321, eff. 1-1-06.)

Section 1.4. Use of Public Right of Way.

(820 ILCS 5/1.4)

(a) Persons engaged in picketing shall be allowed to use public rights of way to apprise the public of the existence of a dispute for the following:

(1) The purposes of picketing.

(2) The erection of temporary signs announcing their dispute.

(3) The parking of at least one vehicle on the public right of way. Nothing in this Section shall require the accommodation of parking more than 10 vehicles on the public right of way. This Section shall not be construed to allow the blocking of fire hydrants. Picketers shall ensure that water mains, sewers, and other utilities are accessible for construction, maintenance, and emergency repair work.

(4) The erection of tents or other temporary shelter for the health, welfare, personal safety, and well-being of picketers.

(b) Any signs, tents, or temporary shelters shall be removed at the end of each day when the picketing has ceased. Signs, tents, or temporary shelters may be maintained so long as individuals participating in the labor dispute are present.

(c) This Section shall not be construed to allow the erection of a tent or shelter or parking of a vehicle where there is insufficient space on the public right of way. This Section shall not be construed to allow the erection of a tent or shelter on the right of way of any Class I highway as defined in Section 1-126.1 of the Illinois Vehicle Code. Picketers shall ensure that a reasonable walkway exists for pedestrians and others to pass by the picketing activities. Persons using the right of way under this Section shall make reasonable attempts to keep the area free from garbage and significant damage.

(d) No sign, tent, or temporary shelter may be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal, or device or to obstruct or physically interfere with a driver's view of approaching, merging, or intersecting traffic. The burden of proof shall rest on the unit of local government making such a claim. If a court determines that a sign, tent, or temporary shelter does not obscure or otherwise physically interfere with an official traffic sign, signal, or device or obstruct or physically interfere with a driver's view of approaching, merging, or intersecting traffic, the unit of local government is liable for all costs and attorney's fees.

(Source: P.A. 94-321, eff. 1-1-06.)

Section 1.5. Preemption

(820 ILCS 5/1.5)

The provisions of any ordinance or resolution adopted before, on, or after the effective date of this amendatory Act of the 94th General Assembly by any unit of local government that impose restrictions or limitations on the picketing of an employer in a manner inconsistent with this Act are invalid, and existing ordinances and resolutions, as they apply to picketing, are void. It is declared to be the policy of this State that the regulation of picketing is an exclusive power and function of the State. A home rule unit may not regulate picketing. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 94-321, eff. 1-1-06.)

COLLECTIVE BARGAINING SUCCESSOR EMPLOYER ACT.

Section 0.01. Short Title

(820 ILCS 10/0.01) (from Ch. 48, par. 2570)

This Act may be cited as the Collective Bargaining Successor Employer Act.

(Source: P.A. 86-1324.)

Section 1

(820 ILCS 10/1) (from Ch. 48, par. 2571)

(a) Where a collective bargaining agreement between an employer and a labor organization contains a successor clause, such clause shall be binding upon and enforceable against any successor employer who succeeds to the contracting employer's business, until the expiration date of the agreement therein stated. No such successor clause shall be binding upon or enforceable against any successor employer for more than 3 years from the effective date of the collective bargaining agreement between the contracting employer and the labor organization.

(b) As used in this Section, "successor employer" means any purchaser, assignee, or transferee of a business the employees of which are subject to a collective bargaining agreement, if such purchaser, assignee, or transferee conducts or will conduct substantially the same business operation, or offer the same service, and use the same physical facilities, as the contracting employer.

(c) This Section shall not apply to a receiver or trustee in bankruptcy of any contracting employer who has gone into receivership or bankruptcy, or to any employer who acquires a business from a receiver or trustee in bankruptcy.

(d) An employer who is a party to a collective bargaining agreement containing a successor clause has the affirmative duty to disclose the existence of such agreement and such clause to any successor employer. Such disclosure requirement shall be satisfied by including in any contract of sale, agreement to purchase, or any similar instrument of conveyance, a statement that the successor employer is bound by such successor clause as provided for in the collective bargaining agreement. Failure of an employer to disclose the existence of a collective bargaining agreement containing a successor clause as required by this subsection (d) shall not affect the enforceability of such collective bargaining agreement against a successor employer.

(Source: P.A. 85-300.)

Section 2

(820 ILCS 10/2) (from Ch. 48, par. 2572)

Whoever violates this Act is guilty of a business offense with a fine not to exceed $5,000.

(Source: P.A. 85-300.)

EMPLOYMENT CONTRACT ACT.

Section 1

(820 ILCS 15/1) (from Ch. 48, par. 2b)

Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association or corporation, and any employee or prospective employee of the same, whereby (a) either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any organization of employers, or (b) either party to such contract or agreement undertakes or promises that he will withdraw from an employment relation in the event that he joins, becomes, or remains a member of any labor organization or of any employer organization, is hereby declared to be contrary to the public policy of the State of Illinois and wholly void, and it shall not be enforceable in any court and shall not afford any basis for the granting of legal or equitable relief by any court.

(Source: P.A. 84-1438.)

Section 1.1. Short Title

(820 ILCS 15/1.1) (from Ch. 48, par. 2b.1)

This Act may be cited as the Employment Contract Act.

(Source: P.A. 86-1324.)