SB 3052

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Full Text of SB3052
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	SB3052 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3052
Introduced 1/28/2026, by Sen. Lakesia Collins
SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.1038 new
Creates the Secure Jobs Act. Establishes a framework for employee discipline and discharge. Prohibits the unjust discharge of an employee. Contains provisions concerning factors to be considered when determining whether an employee has been discharged for just cause and the conditions that allow for a discharge based on bona fide economic reasons. Requires employers to use progressive discipline measures. Limits the use of electronic monitoring. Provides for severance pay. Directs the Department of Labor to adopt rules and administer the Act. Provides statutory remedies for wrongfully discharged employees and authorizes the recovery of damages. Creates the Wrongful Discharge Enforcement Fund as a special fund in the State treasury. Effective January 1, 2027.
LRB104 17908 SPS 31344 b
A BILL FOR
		SB3052		LRB104 17908 SPS 31344 b
1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Secure
5Jobs Act.
6    Section 5. Definitions.  In this Act:
7    "Benefits" means the cash value of any employer-paid
8vacation leave, sick leave, medical insurance plan, disability
9insurance plan, life insurance plan, annuity, and pension
10benefit plan in effect on the date of discharge.
11    "Constructive discharge" means the voluntary termination
12of employment by an employee because of a situation created by
13an act or omission of the employer that an objective,
14reasonable person would find so intolerable that voluntary
15termination is the only reasonable alternative.
16    "Day or temporary laborer", "day and temporary labor
17services agency", and "third party client" have the meaning
18ascribed to those terms under Section 5 of the Day and
19Temporary Labor Services Act.
20    "Department" means the Department of Labor.
21    "Discharge" means any cessation of employment, including
22constructive discharge, indefinite suspension, layoff, or
23reduction in hours.
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1    "Egregious misconduct" means deliberate or grossly
2negligent conduct that:
3        (1) endangers the safety or well-being of the
4    individual, co-workers, customers, or other persons,
5    including discrimination against, harassment of, or
6    causing physical or emotional harm to co-workers,
7    customers, or other persons;
8        (2) causes serious damage to the employer's or
9    customers' property or business interests, including, but
10    not limited to, theft; or
11        (3) involves grossly inappropriate behavior, such as
12    working under the influence of intoxicants or controlled
13    substances.
14    "Electronic monitoring" means the collection of
15information concerning worker activities, communications,
16actions, biometric information, as that term is defined in
17Section 10 of the Biometric Information Privacy Act, or
18behaviors by electronic means including, but not limited to,
19video or audio surveillance, electronic work pace tracking,
20and other means.
21    "Employ" means to suffer or permit to work.
22    "Employee" has the meaning given that term in Section 2 of
23the Illinois Wage Payment and Collection Act, and also
24includes a "day or temporary laborer" but does not include a
25casual employee who performs work in or around a private home
26that is irregular in nature. A person may be an employee of 2
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1or more employers at the same time. "Employee" does not
2include supervisors or persons who hold elective office.
3    "Employer" has the meaning given that term in Section 2 of
4the Illinois Wage Payment and Collection Act, and also
5includes a "third party client" and a "day and temporary labor
6services agency". More than one entity may be the employer of
7an employee, including in circumstances where one entity
8controls, is controlled by, or is under common control with
9another employer, or where one entity exerts control over the
10operations of another employer. An employer-employee
11relationship is presumed to exist when an individual performs
12labor or services for an employer. The party asserting that an
13individual is not an employee must establish by a
14preponderance of the evidence that the individual is an
15independent contractor.
16    "Just cause" means:
17        (1) an employee's failure to satisfactorily perform
18    his or her job duties or to comply with employer policies;
19        (2) an employee's egregious misconduct; or
20        (3) bona fide economic reasons.
21    "Progressive discipline" means an employer's disciplinary
22system that provides a graduated range of reasonable responses
23to an employee's failure to satisfactorily perform his or her
24job duties or comply with employer policies, with the
25disciplinary measures ranging from mild to severe, depending
26on the frequency and degree of the failure, and the employee
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1being afforded a reasonable period of time to address
2concerns.
3    "Reduction in hours" means a reduction in an employee's
4hours of work totaling at least 15% of the employee's average
5weekly work hours.
6    "Relator" means a current or former employee, contractor,
7subcontractor, or employee of a contractor or subcontractor of
8an alleged violator of this Act, regardless of whether that
9person has received full or partial relief, who seeks relief
10through a public enforcement action brought under this Act.
11    "Representative organization" means a nonprofit or labor
12organization selected by a relator to initiate a public
13enforcement action on the relator's behalf.
14    "Severance pay" has the meaning of that term as described
15in Section 50.
16    "Short-term position" means employment pursuant to a
17written contract that specifies that the position is to end
18after a specified period of time, not to exceed 6 months, where
19the employer can show that the work or need in question is
20expected to end, such as in the case of a seasonal job or a job
21to perform a specific project.
22    Section 10. Prohibition against discharge without just
23cause.
24    (a) An employer shall not discharge an employee without
25just cause. Just cause may not be based on off-duty conduct
		SB3052	- 5 -	LRB104 17908 SPS 31344 b
1unless there is a demonstrable and material nexus between the
2conduct and the employee's job performance or the employer's
3legitimate business interests.
4    (b) The employer shall within 3 days provide a written
5explanation to any discharged employee of the specific reasons
6for the discharge. In determining whether an employer had just
7cause for discharge, a fact finder may not consider any
8reasons not included in the written explanation. If an
9employer fails to provide a written explanation to a
10discharged employee, the discharge shall not be deemed to be
11based on just cause. All information and judgments that the
12employer considered in making the determination shall be made
13available to the employee or his or her representative.
14    (c) The employer shall bear the burden of proving just
15cause including, if applicable, that the employer followed
16progressive discipline, by a preponderance of non-hearsay
17evidence in any proceeding brought under this Act.
18    (d) Any business that employs 50 or fewer employees may
19maintain a 90-day employment probationary period during which
20time the employment may be terminated at the will of either the
21employer or the employee for any reason or for no reason with
22notice given to the other party.
23    Section 15. Factors to be considered. In determining
24whether an employee has been discharged for just cause for
25failure to satisfactorily perform job duties or for failure to
		SB3052	- 6 -	LRB104 17908 SPS 31344 b
1comply with employer policies, the fact finder shall consider,
2in addition to any other relevant factors, whether:
3        (1) the employee knew or should have known of his or
4    her job duties or of the employer's policy;
5        (2) the employer provided relevant and adequate
6    training to the employee;
7        (3) the employer's policy was reasonable and applied
8    consistently;
9        (4) the employer undertook a thorough, fair and
10    objective investigation; and
11        (5) the employer used progressive discipline.
12    Section 20. Discharge for failure to satisfactorily
13perform job duties. A discharge for failure to satisfactorily
14perform job duties or comply with employer policies shall not
15be deemed to be based on just cause unless the employer has
16used progressive discipline. If that the time period between a
17first warning or discipline and termination shall be not less
18than 15 days, and the employer may not rely on a warning or
19discipline issued more than one year in the past to justify a
20discharge.
21    Section 25. Progressive discipline. Under progressive
22discipline, an employer may discharge an employee immediately
23for egregious misconduct. A finding of misconduct for purposes
24of unemployment insurance eligibility shall not necessarily
		SB3052	- 7 -	LRB104 17908 SPS 31344 b
1constitute serious misconduct for purposes of this Act. An
2employee discharged for egregious misconduct shall not be
3entitled to severance pay.
4    Section 30. Discharge based on bona fide economic reasons.
5A discharge shall not be deemed to be based on bona fide
6economic reasons unless the following conditions are met:
7        (1) the discharge results from a reduction in
8    production, sales, services, profit, or funding of the
9    employer, or technological or organizational changes in
10    the employer's operations that necessitate full or partial
11    reduction of the employer's operations;
12        (2) the employees or groups of employees to be
13    discharged are identified using broadly applicable
14    criteria that do not appear to target individuals; and
15        (3) the bona fide economic reasons justifying the
16    discharge were specified in writing to the employee at the
17    time of the discharge and are supported by the employer's
18    records.
19    A discharge shall be presumed not to be based on bona fide
20economic reasons where the employer hired or hires another
21employee to perform substantially the same work within 90 days
22before or after the discharge. Elimination of staff redundancy
23created by a merger or acquisition shall not be deemed a bona
24fide economic reason for discharge of employees.
		SB3052	- 8 -	LRB104 17908 SPS 31344 b
1    Section 35. Employee actions that do not constitute just
2cause for termination. In no event shall any of the following
3actions by an employee constitute just cause for termination:
4        (1) an employee's communication about workplace
5    practices or policies to any person, including to an
6    employer, an employer's agent, other employees, a
7    government agency, or the public, including through print,
8    online, social media, or any other media; or
9        (2) an employee's refusal to work under conditions
10    that the employee reasonably believes would expose him or
11    her, other employees, or the public to an unreasonable
12    health or safety risk.
13    An employer shall not retaliate against any employee or
14other person for the conduct. Notwithstanding any other
15provision of law, the conduct shall constitute protected
16conduct and may not be contractually prohibited, or subject to
17civil or criminal sanction or liability.
18    Section 40. Employer assessments.  An employer must
19conduct its own assessment of an employee, and may not rely on
20data gathered through electronic monitoring in discharging or
21disciplining an employee. The employment decisions must be
22made based on human-provided information sources, such as
23supervisors' assessments and documentation or consulting
24co-workers. An employer must disclose in advance to employees
25any electronic monitoring or data collection at a workplace,
		SB3052	- 9 -	LRB104 17908 SPS 31344 b
1disclose the purposes for which the data will be used, and
2provide employees meaningful opportunities to challenge any
3electronic monitoring or data systems. However, data gathered
4through electronic monitoring may be used in the following
5circumstances: for non-employment-related purposes; for
6discharging or disciplining an employee in cases of egregious
7misconduct or involving threats to the health or safety of
8other persons; or where required by State or federal law.
9Information on employee tardiness or absenteeism from
10electronic time-keeping systems that are used to measure
11employee work shifts for payroll purposes may be considered
12for purposes of employee discharge and discipline.
13    Section 45. Discharge; short-term position. Discharge at
14the end of a short-term position shall not require a showing of
15just cause and shall not entitle an employee to severance pay.
16A position shall not be deemed to be a short-term position
17where the employer hires another employee, including another
18employee who is a day or temporary laborer, to perform
19substantially the same work within 90 days before or after the
20discharge. However, discharge prior to the end of the term of a
21short-term position shall require a showing of just cause and
22shall entitle the employee to severance pay.
23    Section 50. Severance pay. An employee shall accrue an
24entitlement to one hour of severance pay for every 12.5 hours
		SB3052	- 10 -	LRB104 17908 SPS 31344 b
1worked during his or her first 2,080 hours of employment, and
2one hour for every 50 hours worked thereafter. Within 14 days
3after discharge, the employer shall pay the employee his or
4her accrued severance pay, calculated based on the number of
5hours accrued multiplied by the employee's rate of pay upon
6discharge. However, an employee who is discharged at the end
7of a short-term position shall not be entitled to severance
8pay. Severance pay shall be exclusive of final compensation
9due an employee upon separation, as provided for under Section
102 of the Illinois Wage Payment and Collection Act. For
11purposes of determining an employee's hours of employment,
12tenure, or seniority, multiple periods worked for the
13employer, including through a day and temporary services
14agency, and any time worked for a predecessor employer shall
15be aggregated.
16    Section 55. Employment through day and temporary labor
17services agencies.
18    (a) If an employee is a day or temporary laborer who has
19worked 100 hours or more for a single third party client, the
20third party client shall be deemed his or her employer, shall
21become subject to the protections of this Act as regards the
22employee, and may not discharge the employee without just
23cause. However, if the employee's employment with the third
24party client qualifies as a short-term position, then a
25showing of just cause for discharge at the end of the
		SB3052	- 11 -	LRB104 17908 SPS 31344 b
1position's defined term shall not be required, nor shall
2payment of severance pay at the end of the position's defined
3term be required. In such a case the third party client must
4show that all of the criteria and conditions for a short-term
5position in Section 45 and in the definition of short-term
6position are satisfied in order for the employment of the day
7or temporary laborer to qualify as a short-term position.
8    (b) If an employee is a day or temporary laborer who has
9not worked 100 hours or more for a single third party client,
10but has worked 100 hours or more for a temporary labor services
11agency, aggregating all hours worked for multiple third party
12clients, the employee shall become subject to more limited
13protection under this Act. The employee shall be given
14priority by the temporary labor services agency for future
15work assignments over employees who have not worked 100 hours
16or more for the agency. When the employee is discharged by the
17day and temporary labor services agency, the employee shall be
18entitled to payment of severance pay, as determined under
19Section 50. The employee shall be deemed discharged if he or
20she receives no work assignment offers from the temporary
21labor services agency for a period of 21 days or more. However,
22if the employee's employment with the temporary labor services
23agency ends in order for the employee to commence direct
24employment with a third party client, then no payment of
25severance pay shall be required.
26    (c) Employers that are third party clients and employers
		SB3052	- 12 -	LRB104 17908 SPS 31344 b
1that are day and temporary labor services agencies shall be
2jointly and severally responsible with one another for
3compliance with the Act's requirements.
4    Section 60. Collective bargaining agreement exemption. The
5requirements of this Act shall not apply to employees who are
6covered by a valid collective bargaining agreement.
7    Section 65. Notice and posting of rights.
8    (a) The Department shall publish and make available
9notices informing employees of their rights protected under
10this Act. Employers shall post the notices in a conspicuous
11location in the workplace or at any job site, and shall give a
12notice to each employee at the time of hiring and on an annual
13basis. The notices shall be made available in a downloadable
14format on the Department's website in English, Spanish,
15Polish, Mandarin, and Cantonese.
16    (b) Every employer shall conspicuously post at any
17workplace or job site where any employee works the notices
18described in subsection (a) that apply to the particular
19workplace or job site. The notices shall be in English and any
20language spoken as a primary language by at least 5% of the
21employees at that location if the Department has made the
22notice available in that language.
23    Section 70. Recordkeeping.
		SB3052	- 13 -	LRB104 17908 SPS 31344 b
1    (a) Employers shall retain records documenting their
2compliance with the applicable requirements of this Act. In
3addition, day and temporary labor services agencies shall
4maintain records of each individual day or temporary laborer's
5start date with the day and temporary labor services agency
6and the dates on which that laborer was placed with a third
7party client. Employers shall retain the records for a period
8of 3 years and shall allow the Department access to the records
9and other information, in accordance with applicable law and
10with appropriate notice, in furtherance of an investigation
11conducted in accordance with this Act.
12    (b) An employer's failure to maintain, retain, or produce
13a record or other information required to be maintained by
14this Section relevant to a material fact alleged by an
15employee in a complaint brought under this Section or
16requested by the Department pursuant to an investigation,
17creates a rebuttable presumption that the fact is true.
18    Section 75. Administrative implementation and enforcement.
19    (a) The Department shall administer and enforce the
20provisions of this Act and shall, within 120 days after its
21effective date, adopt rules necessary to administer and
22enforce the provisions of this Act. The rules shall include
23the procedures for investigations and hearings under this Act.
24The adoption, amendment, or rescission of rules shall be in
25conformity with the requirements of the Illinois
		SB3052	- 14 -	LRB104 17908 SPS 31344 b
1Administrative Procedure Act.
2    (b) An aggrieved employee or his or her duly authorized
3representative may file a complaint with the Department
4regarding violations by an employer of this Act or of any
5implementing rules. Upon receiving a complaint or on its own
6initiative, the Department shall investigate potential
7violations, make a determination whether a violation has
8occurred, and take appropriate action to enforce the
9provisions of this Act and any implementing rules.
10    (c) If an employer is found by the Department to have
11violated this Act or any rules adopted under this Act, the
12Department shall order the following, in addition to any other
13remedy provided by law:
14        (1) In the case of unlawful discharge or unlawful
15    electronic monitoring, actual and liquidated damages
16    payable to each aggrieved worker equal to, at the
17    aggrieved party's election, $10,000 or 3 times the actual
18    damages including, but not limited to, unpaid wages,
19    benefits, other remuneration owed, and compensation for
20    emotional pain, suffering, inconvenience, and mental
21    anguish, unless an adjudicator finds that mitigating
22    circumstances are present, in which case the adjudicator
23    may order that the preceding liquidated damages amount be
24    reduced as circumstances make appropriate, as well as
25    reinstatement, restoration of hours, other injunctive
26    relief (including to rectify conditions that led to
		SB3052	- 15 -	LRB104 17908 SPS 31344 b
1    constructive discharge), punitive damages, and other
2    remedies as may be appropriate.
3        (2) In the case of discharge where severance pay was
4    not provided, payment of severance pay together with an
5    additional 2 times that amount as liquidated damages, and
6    other remedies as may be appropriate including punitive
7    damages.
8        (3) In the case of failure to provide a timely written
9    explanation for a discharge, injunctive relief and
10    liquidated damages in an amount equal to $5,000, unless an
11    adjudicator finds that mitigating circumstances are
12    present, in which case the adjudicator may order that the
13    preceding liquidated damage amount be reduced as
14    circumstances make appropriate, and other remedies as may
15    be appropriate, including punitive damages.
16        (4) Payment of a further sum to the Department as a
17    civil penalty in an amount of $10,000 for unlawful
18    discharge in violation of this Act or unlawful electronic
19    monitoring, in an amount of $5,000 for failure to provide
20    a timely written explanation for a discharge, or in an
21    amount of $1,000 for other violations of this Act,
22    including the Act's recordkeeping requirements or failure
23    to produce records requested in an investigation. However,
24    if an adjudicator finds that mitigating circumstances are
25    present, the adjudicator may order that the preceding
26    civil penalty amounts be reduced as circumstances make
		SB3052	- 16 -	LRB104 17908 SPS 31344 b
1    appropriate. The civil penalties imposed in accordance
2    with this Section shall be imposed on a per employee and
3    per instance basis for each violation.
4        (5) Payment of the complainant's reasonable attorneys'
5    fees, expert fees, and other costs. For the purposes of
6    this provision, a complainant shall be deemed to have
7    prevailed and entitled to an award of fees and costs if
8    commencement of a complaint has acted as a catalyst to
9    effect policy change on the part of the respondent,
10    regardless of whether that change has been implemented
11    voluntarily, as a result of a settlement, or as a result of
12    a judgment in the party's favor.
13        (6) In assessing an appropriate remedy, due
14    consideration shall be given to the gravity of the
15    violation, the history of previous violations, and the
16    good faith of the employer.
17        (7) All amounts specified in this Act shall be updated
18    annually to keep pace with the rising cost of living by
19    increasing each amount in proportion to the increase over
20    the most recent 12-month period for which data are
21    available in the value of the Consumer Price Index for All
22    Urban Consumers (CPI-U), as calculated by the Bureau of
23    Labor Statistics of the United States Department of Labor,
24    and rounding the new amounts to the nearest multiple of
25    $5. The increased amounts shall be announced by October 1
26    of each year, and shall take effect on January 1.
		SB3052	- 17 -	LRB104 17908 SPS 31344 b
1        (8) Either party may bring an administrative appeal to
2    enforce, vacate, or modify the order, determination, or
3    other disposition.
4        (9) No procedure or remedy set forth in this Section
5    is exclusive or a prerequisite for asserting a claim for
6    relief to enforce any rights under this Act in a court of
7    law.
8        (10) Any employer who has been ordered by the
9    Department or ordered by a court to pay unpaid backpay,
10    front pay and benefits, severance pay, liquidated or
11    punitive damages, or civil penalties, and who fails to
12    seek timely review of the demand or order as provided for
13    under this Act and who fails to comply within 15 calendar
14    days after the demand or within 35 days after an
15    administrative or court order is entered shall also be
16    liable to pay a penalty to the Department of 20% of the
17    amount found owing and a penalty to the employee of 1% per
18    calendar day of the amount found owing for each day of
19    delay in paying the wages to the employee. All moneys
20    recovered as fees and civil penalties under this Act,
21    except those owing to the affected employee, shall be
22    deposited into the Wrongful Discharge Enforcement Fund, a
23    special fund which is hereby created in the State
24    treasury. Moneys in the Fund may be used only for
25    enforcement of this Act.
		SB3052	- 18 -	LRB104 17908 SPS 31344 b
1    Section 80. Civil action. Except as otherwise provided by
2law, any person claiming to be aggrieved by an employer's
3violation of this Act has a cause of action in any court and,
4upon prevailing, shall be awarded the relief specified in
5Section 75 and, if the court finds in favor of the plaintiff,
6it shall award the prevailing party, in addition to other
7relief, his or her reasonable attorneys' fees, expert fees,
8and other costs. As used in this Section, "prevailing" party
9includes a party whose commencement of litigation has acted as
10a catalyst to effect policy change on the part of the
11defendant, regardless of whether that change has been
12implemented voluntarily, as a result of a settlement, or as a
13result of a judgment in the party's favor. Penalties and fees
14under this Act may be assessed by the Department and recovered
15in a civil action brought by the Department in any court or in
16any administrative adjudicative proceeding under this Act. In
17any civil action or administrative adjudicative proceeding
18under this Act, the Department shall be represented by the
19Attorney General.
20    Section 85. Public enforcement action. A relator or
21representative organization may initiate a public enforcement
22action in any court to pursue civil penalties, injunctive
23relief, and declaratory relief, as specified in Section 75, on
24behalf of the Department, for a violation of the provisions of
25this Act affecting the relator and other current or former
		SB3052	- 19 -	LRB104 17908 SPS 31344 b
1employees, according to the following procedures:
2        (a) The relator or representative organization shall
3    give written notice to the Department of the specific
4    provisions of this Act alleged to have been violated,
5    including the facts and theories to support the alleged
6    violation. The notice shall be given in the manner as the
7    Department may prescribe by rule.
8        (b) If the Department intends to investigate the
9    alleged violation, it shall notify the relator or
10    representative organization of its decision within 65
11    calendar days after the postmark date of the notice.
12    Within 60 calendar days after that decision, the
13    Department may investigate the alleged violation and take
14    any enforcement action authorized by law. If the
15    Department determines that additional time is necessary to
16    complete the investigation, it may extend the time by not
17    more than 60 additional calendar days and shall notify the
18    relator or representative organization of the extension.
19        (c) Notwithstanding any other provision of law, a
20    public enforcement action brought under this Act must be
21    commenced within the limitations period specified in
22    Section 90. The statute of limitations for bringing a
23    public enforcement action under this Act shall be tolled
24    from the date a relator or representative organization
25    files a notice under this Section with the Department, or
26    the Department commences an investigation, whichever is
		SB3052	- 20 -	LRB104 17908 SPS 31344 b
1    earlier.
2        (d) The relator or representative organization may
3    commence a civil action under this Act if the Department
4    determines that no enforcement action will be taken, or if
5    no enforcement action is taken by the Department within
6    the time limits prescribed.
7        (e) The Department may intervene in an action brought
8    under this Act and proceed with any and all claims in the
9    action as of right within 30 days after the filing of the
10    action, or for good cause, as determined by the court, at
11    any time after the 30-day period after the filing of the
12    action.
13        (f) Civil penalties recovered in a public enforcement
14    action brought under this Act shall be distributed as
15    follows:
16            (1) If the Department does not intervene in the
17        action, 60% to the Department, and 40% to the relator
18        or representative organization, to be distributed to
19        the employees affected by the violation, including a
20        service award that reflects the burdens and risks
21        assumed by the employee or representative organization
22        in prosecuting the action.
23            (2) If the Department does intervene in the
24        action, 70% to the Department, and 30% to the relator
25        or representative organization, the latter of which
26        shall be distributed to the employees affected by the
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1        violation, including a service award that reflects the
2        burdens and risks assumed by the employee or
3        representative organization in prosecuting the action.
4            (3) The share of penalties recovered for the
5        Department under this Act shall be used solely to
6        support the Department's education and enforcement
7        activities relating to this Act, with approximately
8        25% of these penalties reserved for grants to
9        community organizations for outreach and education
10        about employee rights under this Act.
11        (g) In any public enforcement action commenced under
12    this Act, the court shall allow a prevailing relator or
13    representative organization to recover all reasonable
14    attorneys' fees, expert fees, and other costs. For the
15    purposes of this provision, a "prevailing" relator or
16    representative organization includes a relator or
17    representative organization whose commencement of
18    litigation has acted as a catalyst to effect policy change
19    on the part of the defendant, regardless of whether that
20    change has been implemented voluntarily, as a result of a
21    settlement, or as a result of a judgment in the relator or
22    representative organization's favor.
23        (h) No public enforcement action brought under this
24    Act shall be required to meet class action certification
25    requirements under Part 8 of Article II of the Code of
26    Civil Procedure or Rule 23(a) of the Federal Rules of
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1    Civil Procedure.
2        (i) The relator or representative organization may not
3    recover compensatory damages or back pay, or seek
4    reinstatement, in a public enforcement action. But the
5    filing of a public enforcement action does not preclude an
6    employee from pursuing these remedies in another forum.
7        (j) The right to bring a public enforcement action
8    under this Act shall not be impaired by any private
9    contract.
10    Section 90. Limitation of actions. Notwithstanding any
11other provision of law, an action under this Act must be filed
12within 3 years after the complainant knew or should have known
13of the alleged violation. However, this statute of limitations
14period shall be tolled for the duration of any state of
15emergency declared by the State or by any city or county in
16which the action is commenced.
17    Section 95. Non-preemption. This Act does not preempt,
18limit, or otherwise affect the authority of any other unit of
19government to adopt laws, rules, requirements, policies, or
20standards providing additional employment or workplace
21protections.
22    Section 100. Violations. An employer that violates this
23Act is guilty of a Class A misdemeanor.
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1    Section 105. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
3    Section 900. The State Finance Act is amended by adding
4Section 5.1038 as follows:
5    (30 ILCS 105/5.1038 new)
6    Sec. 5.1038. The Wrongful Discharge Enforcement Fund.
7    Section 999. Effective date. This Act takes effect January
81, 2027.