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Employment Legislative Update, Federal and Illinois - August 2014
Sunday, August 10, 2014

Equal Employment for All Act of 2013 (S 1837)

Senate Bill 1837 would amend the Fair Credit Reporting Act and prohibit employers from asking for a credit history. Equal Employment for All Act of 2013, S. 1837, 113th Congress (2013). Employers would not be allowed to obtain consumer or investigative reports for job candidates. This would bar employers from disqualifying applicants based upon a poor credit rating. This bill, introduced by the majority Democrats in the Senate, is expected to be opposed by Senate Republicans as well as the Republican majority in the House.

Family and Medical Leave Inclusion Act (HR 1751)

Congress will consider legislation that would allow employees to take leave for care of same sex spouse or partner, parent in-law, adult child, sibling, grandchild, or grandparent. See Family and Medical Leave Inclusion Act, H.R. 1751, 113th Congress (2013). This bill had to be reintroduced because it failed to pass in the last session of Congress.

Family and Medical Leave Enhancement Act of 2014 (HR 3999)

This proposed legislation would amend the FMLA to cover employers with 25 or more employees rather than the threshold 50 or more employees. Employees could take "parental involvement" and "family wellness leave." Family Medical Leave Enhancement Act of 2014, H.R. 3999, 113th Congress § 3 (2014). Parental involvement would include attendance at activities sponsored by a school or community organization. Wellness leave would apply to routine family medical care needs, including medical and dental appointments.

Employee Rights Act (S 1712)

This act would mandate secret ballot elections for representation and decertification elections and would require secret ballot strike votes. Employee Rights Act, S. 1712, 113th Cong. (2013). It would also preempt efforts by the National Labor Relations Board to propose its "quickie" election rules by barring employees from obtaining employee's private information and ensuring due process in determining bargaining units and voter eligibility. An Employee Rights Act bill identical to the Senate's bill was introduced to the House of Representatives. See Employee Rights Act, H.R. 3485, 113th Cong. (2013).

Employment Non-Discrimination Act (ENDA) (HR 1755)

This legislation would add sexual orientation and gender identity to the list of protected classes where employment discrimination is prohibited. Employment Non-Discrimination Act, H.R. 1755, 113th Cong. (2013). It would be unlawful for an employer with 15 or more employees to discriminate based upon an individual's actual or perceived sexual orientation or gender identity. It prevents employers from segregating, classifying or limiting employees or applicants in any way based upon sexual orientation and gender identity.

Job Protections for Pregnant Women (Illinois House Bill 8)

Illinois House Bill 8 provides pregnant women with job protections, such as limits on heavy lifting, assistance in manual labor, and access to places to sit. 98th Ill. Gen. Assem., House Bill 8, 2014 Sess. It also provides more frequent bathroom breaks and time off to recover from childbirth as well as a break space for breast feeding. Illinois Governor Pat Quinn expressed approval of the bill and urged the Senate to pass it. The bill, as amended by the House and Senate, is now before the Governor.

Federal Regulations

Minimum Wage Executive Order

The President signed an executive order raising minimum wage to $10.10 an hour for new contracts beginning January 1, 2015. Office of the Press Secretary, White House, Executive Order- Minimum Wage for Contractors (February 12, 2014), available at: http://www.whitehouse.gov/the-press-office/2014/02/12/executive-order-minimum-wage-contractors. Tipped workers also received an immediate increase from $2.13 an hour to a minimum tip wage of $4.90 an hour with 95 cent increases each year until the tip minimum wage is 70 percent of the $10.10 minimum wage.

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