Full Text of HB5384 102nd General Assembly
HB5384 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 1/31/2022, by Rep. Edgar Gonzalez, Jr.
SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.970 new
Creates the Workplace Communication and Safety Act. Provides that it
is unlawful for any employer to prohibit the use or possession of a mobile
communications device by an employee at the employee's workplace. Provides
that the Director of Labor shall administer and enforce the provisions of
the Act. Provides that the Department of Labor has the power to conduct
investigations in connection with the administration and enforcement of
the Act. Provides that employers who violate any provision of the Act or
any rule adopted pursuant to the Act are subject to a civil penalty.
Creates the Workplace Communication and Safety Fund as a special fund in
the State Treasury. Provides that civil penalties recovered under the Act
shall be paid into the Fund. Amends the State Finance Act making conforming
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Workplace Communication and Safety Act.
As used in this Act:
"Department" means the Department of Labor.
"Director" means the Director of Labor.
"Employee" means any individual permitted to work by an
"Employer" means an individual, partnership, corporation,
association, business, trust, person, or entity for whom
employees are gainfully employed in Illinois and the State of
Illinois, a State officer, a department or agency of the
State, a unit of local government, and a school district.
"Mobile communications device" means a portable, wireless
telecommunications device utilized for the transmission or
reception of voice or cellular data.
(a) It is unlawful for any employer to prohibit the use or
possession of a mobile communications device by an employee at
the employee's workplace.
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(b) Nothing in this Act shall be construed to conflict
with the National Labor Relations Act and decisions thereunder
by the National Labor Relations Board.
Administration and enforcement.
(a) The Director or his or her authorized representative
shall administer and enforce the provisions of this Act.
(b) The Director may issue rules and regulations necessary
to administer and enforce the provisions of this Act.
(c) An employee or former employee may file a complaint
with the Department alleging a violation of this Act by
submitting a signed, completed complaint form.
(d) The Department has the power to conduct investigations
in connection with the administration and enforcement of this
Act and the authorized officers and employees of the
Department are authorized to investigate and gather data
regarding conditions and practices of employment in any
industry subject to this Act and may enter and inspect such
places and such records at reasonable times during regular
business hours, question the employees and investigate the
facts, conditions, practices, or matters as he or she may deem
necessary or appropriate to determine whether any employer has
violated any provision of this Act or which may aid in the
enforcement of this Act.
Employers who violate any
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provision of this Act or any rule adopted pursuant to the Act
are subject to a civil penalty as follows:
(1) First offense, a fine not to exceed $500;
(2) Second offense, a fine not to exceed $2,500; and
(3) Third offense, a fine not to exceed $5,000.
Workplace Communication and Safety Fund.
is created in the State Treasury a special fund to be known as
the Workplace Communication and Safety Fund. Civil penalties
recovered under this Act shall be paid into the Workplace
Communication and Safety Fund. Moneys in the Fund may be used,
subject to appropriation, for the performance of any function
pertaining to the exercise of the duties of the Department,
including, but not limited to, enforcement of this Act.
The State Finance Act is amended by adding
Section 5.970 as follows:
(30 ILCS 105/5.970 new)
The Workplace Communication and Safety Fund.