Complete Story
09/17/2020
IMSCA Update
Recently Enacted Laws in Illinois
IMSCA Update (Recently Enacted Laws in Illinois)
As you are aware, the ECA is a part of the Illinois Mechanical Specialty Contractors Association (IMSCA).
IMSCA is the lobby group that represents the ECA, and a number of other trade associations throughout Illinois, with Illinois General Assembly activities, subcontractor issues in legislature that affect union electrical construction. IMSCA would like to remind its members of some important requirements that contractors need to be aware of based on recent laws enacted in Illinois, including the following:
Employment of Illinois Workers on Public Works Act:
As a result of the COVID-19 pandemic, Illinois’ unemployment rate rose to 17.2 percent in April and 15.2 percent in May. The Employment of Illinois Workers on Public Works Act comes into effect following two consecutive months of a state unemployment rate above 5 percent, and requires the workforce on public works projects to be comprised of a minimum of 90% Illinois residents. The Illinois Department of Labor (IDOL) notified public bodies this law became effective on July 1st. The press release issued by the IDOL is attached for your review. The Employment of Illinois Workers on Public Works Act is administered by the Illinois Department of Labor. The requirement to employ 90 percent Illinois workers applies to all labor on public works projects or improvements. The law is intended to ensure that projects funded using public dollars employ Illinois residents and to alleviate unemployment in Illinois. This includes public works projects that are funded in whole or in part with state funds or funds administered by the state of Illinois. More detailed information can be found in the attached press release from the IDOL. In addition, the full text of the statute can be read here:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=549&ChapterID=7
IDOL Certified Payroll Portal:
Beginning September 1st, contractors who perform construction work on public works projects in Illinois must begin filing their certified payroll with the Department of Labor. Public works projects include any construction work funded in whole, or in part, by state or local public tax dollars. In 2018, the Illinois General Assembly passed legislation to make changes to the certified payroll portion of the Prevailing Wage Act. When Governor Pritzker took office in 2019, SB 203 was signed into law (PA 100-1177). Prior to the law, certified payrolls were submitted to the local or state public body funding the project. Under the new law, the Illinois Department of Labor is charged with developing and maintaining an online portal where all prevailing wage construction contractors file their certified payrolls with the department, otherwise known as Certified Transcript of Payroll portal. The Illinois Department of Labor has held training sessions to assist contractors in learning how to use the new portal. In addition, IDOL staff is on hand to answer questions to help contractors come into compliance with the new law. For anyone who was unable to attend the training session, the training is available online and can be accessed at: https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx As a reminder, if anyone has questions regarding the portal, please don’t hesitate to contact me and I will put you in contact with the appropriate IDOL staff member who can assist you.
Mandatory Sexual Harassment Prevention Training:
Public Act 101-0221 amended the Illinois Human Rights Act and requires Illinois employers to provide annual sexual harassment prevention training by December 31, 2020 and annually thereafter. The new law also requires the Illinois Department of Human Rights to develop a model sexual harassment prevention training program for use by employers. Employers may develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training. Some IMSCA members have created their own training programs that can be used by their members. One example is MCA Chicago’s training program that can be viewed by clicking this link: https://lms.mca.org/products/illinois-sexual-harassment-training
If you are planning to create your own sexual harassment training, please be sure to familiarize yourself with the required minimum standards that must be met in such training. The minimum required standards can be viewed here: https://www2.illinois.gov/dhr/Training/Pages/Minimum-Training-Standards-for-All-Employers.aspx
Otherwise, employers are able to use the free, downloadable training that was released by the IL Department of Human Rights. The training can be downloaded as a PDF or PowerPoint presentation from the IL Department of Human Rights website. In addition, the IDHR website includes additional information such as a Frequently Asked Questions document. I encourage everyone to visit this website to familiarize yourself with the requirements related to this new law. https://www2.illinois.gov/dhr/Training/Pages/State-of-Illinois-Sexual-Harassment-Prevention-Training-Model.aspx
If you have any questions or need additional information regarding the laws, please don’t hesitate to contact Jessica Newbold Hoselton, Executive Director, Illinois Mechanical & Specialty Contractors Association (IMSCA) at: (217) 523-4361.
