Upcoming 2022 Law Changes in Illinois

As with every new year, the start of January 2022 will bring a handful of new law and amendment changes in Illinois. As an Illinois resident, it’s important to understand these law changes and what implications they may have going forward into the new year. Below, we have compiled a list of just some of the law changes and amendments that our state will see that we know about at the time of writing this blog. Included in the list are the dates for when they will become effective as well.

It’s important to note that the amendments below may still be subject to change. We have tried to include ones that may especially be pertinent to our past, current, or future clients or those related to personal injury or employment topics, but other amendments may be included as well. In particular, Illinois will be seeing quite a few employment law amendments.

Non-compete Agreement Amendment

Illinois SB 672, slated to become effective on January 1^st, 2022, will amend the Illinois Freedom to Work Act, initiating new standards that aim to enforce when non-competition agreements and non-solicitation agreements can be used against employees. Under the new amendment, employers will be prohibited from entering non-competition agreements with employees who earn $75,000 or less per year and non-solicitation agreements with employees who earn less than $45,000 per year. These salary thresholds will increase every five years.

Additionally, the amendment will require employers in the state to advise employees to consult with an attorney before entering non-compete and non-solicit agreements. Employees will be given at least 14 days to review an agreement and decide whether it’s in their best interests to sign it.

Employers are also prohibited from entering into either type of agreement with employees who have been terminated or laid off as a result of COVID-19.

Salary History Act

Illinois HB 1207, scheduled to become effective on January 1^st, 2022, is an act that states employers remain prohibited from seeking a job applicant’s salary history but may provide information about compensation and benefits for the position that is being applied to. It also states that employers may discuss a job applicant’s salary and benefits expectations for a position during the job application process.

Protected Time Off for Victims of Domestic Violence

Illinois HB 3582, scheduled to become effective on January 1^st, 2022, is an act that will ensure family members and victims of violent crimes and domestic violence are provided with unpaid leave by employers. It also states that victims of violent crimes and domestic violence will not be barred from collecting voluntary leave benefits.

Disability Discrimination Amendment

Illinois HB 1838, scheduled to become effective on January 1^st, 2022, is an amendment that makes a slight update to the Illinois Human Rights Act. The amendment states that discrimination based on disability includes “discrimination against an individual because of the individual’s association with a person with a disability.”

Civil Proceeding Amendment

Illinois SB 2486, set to take effect on January 1^st, 2022, is an amendment regarding civil proceedings after an employee has been issued a disciplinary report on the job and had that report disclosed. The amendment states that an individual who is aggrieved by a disclosure of a disciplinary report at a place of employment may file a complaint. The complaint must be filed with the state Director of Labor or filed in court as a legal action within three years after the date of the violation.

Employee Health Insurance Benefit Amendment

Illinois SB 258, set to take effect on January 1^st, 2022, is an amendment that slightly changes when an employer can eliminate an employee’s child from the employee’s health insurance benefits. The amendment states that an employer may eliminate a child from the insurance obligor’s health insurance coverage or benefits if the employer no longer provides a group health plan to any employees. It also states that the employer may eliminate the child from the employer’s coverage if the child is no longer eligible for coverage based on federal or state restrictions.

Human Trafficking Amendment for Hospitality Workplaces

Illinois SB 1600, set to become effective on January 1^st, 2022, is an amendment to Illinois’ Lodging Services Human Trafficking Recognition Training Act. The amendment requires hospitality and lodging workplaces like restaurants and truck stops to provide their employees with training on recognizing instances of human trafficking and the appropriate protocols for reporting instances of trafficking to authority.

Staying Informed in 2022

At Thomas Law Offices, we take pride in staying on top of new Illinois law changes and helping our clients navigate complex legal issues with confidence. If you were injured in a serious accident or incident in Illinois that wasn’t your fault, our personal injury attorneys have the expertise to help you through the process of filing a legal claim. Every step of the way, we will be on your side. By taking legal action, you may be able to lessen your financial hardships as well as hold the guilty party accountable for the wrongdoings or negligence that occurred.

Whether you live in Chicago or elsewhere in Illinois, don’t hesitate to reach out to us if you feel you may have a potential case or have any questions. We can offer you a case evaluation at no cost or obligation to you.