SECURE JOBS ACT

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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,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
Secure
5
Jobs Act.

6

Section 5.
Definitions.
In this Act:
7

"Benefits" means the cash value of any employer-paid
8
vacation leave, sick leave, medical insurance plan, disability
9
insurance plan, life insurance plan, annuity, and pension
10
benefit plan in effect on the date of discharge.
11

"Constructive discharge" means the voluntary termination
12
of employment by an employee because of a situation created by
13
an act or omission of the employer that an objective,
14
reasonable person would find so intolerable that voluntary
15
termination is the only reasonable alternative.
16

"Day or temporary laborer", "day and temporary labor
17
services agency", and "third party client" have the meaning
18
ascribed to those terms under Section 5 of the Day and
19
Temporary Labor Services Act.
20

"Department" means the Department of Labor.
21

"Discharge" means any cessation of employment, including
22
constructive discharge, indefinite suspension, layoff, or
23
reduction in hours.

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1

"Egregious misconduct" means deliberate or grossly
2
negligent 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
15
information concerning worker activities, communications,
16
actions, biometric information, as that term is defined in
17
Section 10 of the Biometric Information Privacy Act, or
18
behaviors by electronic means including, but not limited to,
19
video or audio surveillance, electronic work pace tracking,
20
and other means.
21

"Employ" means to suffer or permit to work.
22

"Employee" has the meaning given that term in Section 2 of
23
the Illinois Wage Payment and Collection Act, and also
24
includes a "day or temporary laborer" but does not include a
25
casual employee who performs work in or around a private home
26
that is irregular in nature. A person may be an employee of 2

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1
or more employers at the same time. "Employee" does not
2
include supervisors or persons who hold elective office.
3

"Employer" has the meaning given that term in Section 2 of
4
the Illinois Wage Payment and Collection Act, and also
5
includes a "third party client" and a "day and temporary labor
6
services agency". More than one entity may be the employer of
7
an employee, including in circumstances where one entity
8
controls, is controlled by, or is under common control with
9
another employer, or where one entity exerts control over the
10
operations of another employer. An employer-employee
11
relationship is presumed to exist when an individual performs
12
labor or services for an employer. The party asserting that an
13
individual is not an employee must establish by a
14
preponderance of the evidence that the individual is an
15
independent 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
22
system that provides a graduated range of reasonable responses
23
to an employee's failure to satisfactorily perform his or her
24
job duties or comply with employer policies, with the
25
disciplinary measures ranging from mild to severe, depending
26
on the frequency and degree of the failure, and the employee

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1
being afforded a reasonable period of time to address
2
concerns.
3

"Reduction in hours" means a reduction in an employee's
4
hours of work totaling at least 15% of the employee's average
5
weekly work hours.
6

"Relator" means a current or former employee, contractor,
7
subcontractor, or employee of a contractor or subcontractor of
8
an alleged violator of this Act, regardless of whether that
9
person has received full or partial relief, who seeks relief
10
through a public enforcement action brought under this Act.
11

"Representative organization" means a nonprofit or labor
12
organization selected by a relator to initiate a public
13
enforcement action on the relator's behalf.
14

"Severance pay" has the meaning of that term as described
15
in Section 50.
16

"Short-term position" means employment pursuant to a
17
written contract that specifies that the position is to end
18
after a specified period of time, not to exceed 6 months, where
19
the employer can show that the work or need in question is
20
expected to end, such as in the case of a seasonal job or a job
21
to perform a specific project.

22

Section 10.
Prohibition against discharge without just
23
cause.
24

(a) An employer shall not discharge an employee without
25
just cause. Just cause may not be based on off-duty conduct

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1
unless there is a demonstrable and material nexus between the
2
conduct and the employee's job performance or the employer's
3
legitimate business interests.
4

(b) The employer shall within 3 days provide a written
5
explanation to any discharged employee of the specific reasons
6
for the discharge. In determining whether an employer had just
7
cause for discharge, a fact finder may not consider any
8
reasons not included in the written explanation. If an
9
employer fails to provide a written explanation to a
10
discharged employee, the discharge shall not be deemed to be
11
based on just cause. All information and judgments that the
12
employer considered in making the determination shall be made
13
available to the employee or his or her representative.
14

(c) The employer shall bear the burden of proving just
15
cause including, if applicable, that the employer followed
16
progressive discipline, by a preponderance of non-hearsay
17
evidence in any proceeding brought under this Act.
18

(d) Any business that employs 50 or fewer employees may
19
maintain a 90-day employment probationary period during which
20
time the employment may be terminated at the will of either the
21
employer or the employee for any reason or for no reason with
22
notice given to the other party.

23

Section 15.
Factors to be considered.
In determining
24
whether an employee has been discharged for just cause for
25
failure to satisfactorily perform job duties or for failure to

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1
comply with employer policies, the fact finder shall consider,
2
in 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
13
perform job duties.
A discharge for failure to satisfactorily
14
perform job duties or comply with employer policies shall not
15
be deemed to be based on just cause unless the employer has
16
used progressive discipline. If that the time period between a
17
first warning or discipline and termination shall be not less
18
than 15 days, and the employer may not rely on a warning or
19
discipline issued more than one year in the past to justify a
20
discharge.

21

Section 25.
Progressive discipline.
Under progressive
22
discipline, an employer may discharge an employee immediately
23
for egregious misconduct. A finding of misconduct for purposes
24
of unemployment insurance eligibility shall not necessarily

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1
constitute serious misconduct for purposes of this Act. An
2
employee discharged for egregious misconduct shall not be
3
entitled to severance pay.

4

Section 30.
Discharge based on bona fide economic reasons.

5
A discharge shall not be deemed to be based on bona fide
6
economic 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
20
economic reasons where the employer hired or hires another
21
employee to perform substantially the same work within 90 days
22
before or after the discharge. Elimination of staff redundancy
23
created by a merger or acquisition shall not be deemed a bona
24
fide economic reason for discharge of employees.

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Section 35.
Employee actions that do not constitute just
2
cause for termination.
In no event shall any of the following
3
actions 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
14
other person for the conduct. Notwithstanding any other
15
provision of law, the conduct shall constitute protected
16
conduct and may not be contractually prohibited, or subject to
17
civil or criminal sanction or liability.

18

Section 40.
Employer assessments.
An employer must
19
conduct its own assessment of an employee, and may not rely on
20
data gathered through electronic monitoring in discharging or
21
disciplining an employee. The employment decisions must be
22
made based on human-provided information sources, such as
23
supervisors' assessments and documentation or consulting
24
co-workers. An employer must disclose in advance to employees
25
any electronic monitoring or data collection at a workplace,

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disclose the purposes for which the data will be used, and
2
provide employees meaningful opportunities to challenge any
3
electronic monitoring or data systems. However, data gathered
4
through electronic monitoring may be used in the following
5
circumstances: for non-employment-related purposes; for
6
discharging or disciplining an employee in cases of egregious
7
misconduct or involving threats to the health or safety of
8
other persons; or where required by State or federal law.
9
Information on employee tardiness or absenteeism from
10
electronic time-keeping systems that are used to measure
11
employee work shifts for payroll purposes may be considered
12
for purposes of employee discharge and discipline.

13

Section 45.
Discharge; short-term position.
Discharge at
14
the end of a short-term position shall not require a showing of
15
just cause and shall not entitle an employee to severance pay.
16
A position shall not be deemed to be a short-term position
17
where the employer hires another employee, including another
18
employee who is a day or temporary laborer, to perform
19
substantially the same work within 90 days before or after the
20
discharge. However, discharge prior to the end of the term of a
21
short-term position shall require a showing of just cause and
22
shall entitle the employee to severance pay.

23

Section 50.
Severance pay.
An employee shall accrue an
24
entitlement to one hour of severance pay for every 12.5 hours

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1
worked during his or her first 2,080 hours of employment, and
2
one hour for every 50 hours worked thereafter. Within 14 days
3
after discharge, the employer shall pay the employee his or
4
her accrued severance pay, calculated based on the number of
5
hours accrued multiplied by the employee's rate of pay upon
6
discharge. However, an employee who is discharged at the end
7
of a short-term position shall not be entitled to severance
8
pay. Severance pay shall be exclusive of final compensation
9
due an employee upon separation, as provided for under Section
10
2 of the Illinois Wage Payment and Collection Act. For
11
purposes of determining an employee's hours of employment,
12
tenure, or seniority, multiple periods worked for the
13
employer, including through a day and temporary services
14
agency, and any time worked for a predecessor employer shall
15
be aggregated.

16

Section 55.
Employment through day and temporary labor
17
services agencies.
18

(a) If an employee is a day or temporary laborer who has
19
worked 100 hours or more for a single third party client, the
20
third party client shall be deemed his or her employer, shall
21
become subject to the protections of this Act as regards the
22
employee, and may not discharge the employee without just
23
cause. However, if the employee's employment with the third
24
party client qualifies as a short-term position, then a
25
showing of just cause for discharge at the end of the

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1
position's defined term shall not be required, nor shall
2
payment of severance pay at the end of the position's defined
3
term be required. In such a case the third party client must
4
show that all of the criteria and conditions for a short-term
5
position in Section 45 and in the definition of short-term
6
position are satisfied in order for the employment of the day
7
or temporary laborer to qualify as a short-term position.
8

(b) If an employee is a day or temporary laborer who has
9
not worked 100 hours or more for a single third party client,
10
but has worked 100 hours or more for a temporary labor services
11
agency, aggregating all hours worked for multiple third party
12
clients, the employee shall become subject to more limited
13
protection under this Act. The employee shall be given
14
priority by the temporary labor services agency for future
15
work assignments over employees who have not worked 100 hours
16
or more for the agency. When the employee is discharged by the
17
day and temporary labor services agency, the employee shall be
18
entitled to payment of severance pay, as determined under
19
Section 50. The employee shall be deemed discharged if he or
20
she receives no work assignment offers from the temporary
21
labor services agency for a period of 21 days or more. However,
22
if the employee's employment with the temporary labor services
23
agency ends in order for the employee to commence direct
24
employment with a third party client, then no payment of
25
severance pay shall be required.
26

(c) Employers that are third party clients and employers

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1
that are day and temporary labor services agencies shall be
2
jointly and severally responsible with one another for
3
compliance with the Act's requirements.

4

Section 60.
Collective bargaining agreement exemption.
The
5
requirements of this Act shall not apply to employees who are
6
covered by a valid collective bargaining agreement.

7

Section 65.
Notice and posting of rights.
8

(a) The Department shall publish and make available
9
notices informing employees of their rights protected under
10
this Act. Employers shall post the notices in a conspicuous
11
location in the workplace or at any job site, and shall give a
12
notice to each employee at the time of hiring and on an annual
13
basis. The notices shall be made available in a downloadable
14
format on the Department's website in English, Spanish,
15
Polish, Mandarin, and Cantonese.
16

(b) Every employer shall conspicuously post at any
17
workplace or job site where any employee works the notices
18
described in subsection (a) that apply to the particular
19
workplace or job site. The notices shall be in English and any
20
language spoken as a primary language by at least 5% of the
21
employees at that location if the Department has made the
22
notice available in that language.

23

Section 70.
Recordkeeping.

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1

(a) Employers shall retain records documenting their
2
compliance with the applicable requirements of this Act. In
3
addition, day and temporary labor services agencies shall
4
maintain records of each individual day or temporary laborer's
5
start date with the day and temporary labor services agency
6
and the dates on which that laborer was placed with a third
7
party client. Employers shall retain the records for a period
8
of 3 years and shall allow the Department access to the records
9
and other information, in accordance with applicable law and
10
with appropriate notice, in furtherance of an investigation
11
conducted in accordance with this Act.
12

(b) An employer's failure to maintain, retain, or produce
13
a record or other information required to be maintained by
14
this Section relevant to a material fact alleged by an
15
employee in a complaint brought under this Section or
16
requested by the Department pursuant to an investigation,
17
creates a rebuttable presumption that the fact is true.

18

Section 75.
Administrative implementation and enforcement.
19

(a) The Department shall administer and enforce the
20
provisions of this Act and shall, within 120 days after its
21
effective date, adopt rules necessary to administer and
22
enforce the provisions of this Act. The rules shall include
23
the procedures for investigations and hearings under this Act.
24
The adoption, amendment, or rescission of rules shall be in
25
conformity with the requirements of the Illinois

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1
Administrative Procedure Act.
2

(b) An aggrieved employee or his or her duly authorized
3
representative may file a complaint with the Department
4
regarding violations by an employer of this Act or of any
5
implementing rules. Upon receiving a complaint or on its own
6
initiative, the Department shall investigate potential
7
violations, make a determination whether a violation has
8
occurred, and take appropriate action to enforce the
9
provisions of this Act and any implementing rules.
10

(c) If an employer is found by the Department to have
11
violated this Act or any rules adopted under this Act, the
12
Department shall order the following, in addition to any other
13
remedy 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

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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

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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.

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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.

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1

Section 80.
Civil action.
Except as otherwise provided by
2
law, any person claiming to be aggrieved by an employer's
3
violation of this Act has a cause of action in any court and,
4
upon prevailing, shall be awarded the relief specified in
5
Section 75 and, if the court finds in favor of the plaintiff,
6
it shall award the prevailing party, in addition to other
7
relief, his or her reasonable attorneys' fees, expert fees,
8
and other costs. As used in this Section, "prevailing" party
9
includes a party whose commencement of litigation has acted as
10
a catalyst to effect policy change on the part of the
11
defendant, regardless of whether that change has been
12
implemented voluntarily, as a result of a settlement, or as a
13
result of a judgment in the party's favor. Penalties and fees
14
under this Act may be assessed by the Department and recovered
15
in a civil action brought by the Department in any court or in
16
any administrative adjudicative proceeding under this Act. In
17
any civil action or administrative adjudicative proceeding
18
under this Act, the Department shall be represented by the
19
Attorney General.

20

Section 85.
Public enforcement action.
A relator or
21
representative organization may initiate a public enforcement
22
action in any court to pursue civil penalties, injunctive
23
relief, and declaratory relief, as specified in Section 75, on
24
behalf of the Department, for a violation of the provisions of
25
this Act affecting the relator and other current or former

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1
employees, 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

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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
11
other provision of law, an action under this Act must be filed
12
within 3 years after the complainant knew or should have known
13
of the alleged violation. However, this statute of limitations
14
period shall be tolled for the duration of any state of
15
emergency declared by the State or by any city or county in
16
which the action is commenced.

17

Section 95.
Non-preemption.
This Act does not preempt,
18
limit, or otherwise affect the authority of any other unit of
19
government to adopt laws, rules, requirements, policies, or
20
standards providing additional employment or workplace
21
protections.

22

Section 100.
Violations.
An employer that violates this
23
Act is guilty of a Class A misdemeanor.

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Section 105.
Severability.
The provisions of this Act are
2
severable under Section 1.31 of the Statute on Statutes.

3

Section 900.
The State Finance Act is amended by adding
4
Section 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
8
1, 2027.

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