Bill Text: IL HB0813 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Illinois Worker Adjustment and Retraining Notification Act. Redefines "employer" to mean any business or enterprise that employs 65 or more (rather than 75 or more) employees, excluding part-time employees; or 65 or more (rather than 75 or more) employees who in the aggregate work at least 2,600 (rather than 4,000) hours per week (exclusive of hours of overtime). Provides that an employer may not order a mass layoff, relocation, or employment loss unless, 90 (rather than 60) days before the order takes effect, the employer gives written notice of the order to certain persons. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0813 Detail]

Download: Illinois-2017-HB0813-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0813 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
820 ILCS 65/5
820 ILCS 65/10
Amends the Illinois Worker Adjustment and Retraining Notification Act. Redefines "employer" to mean any business or enterprise that employs 65 or more (rather than 75 or more) employees, excluding part-time employees; or 65 or more (rather than 75 or more) employees who in the aggregate work at least 2,600 (rather than 4,000) hours per week (exclusive of hours of overtime). Provides that an employer may not order a mass layoff, relocation, or employment loss unless, 90 (rather than 60) days before the order takes effect, the employer gives written notice of the order to certain persons. Effective immediately.
LRB100 06923 HEP 16974 b
A BILL FOR
HB0813 LRB100 06923 HEP 16974 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Worker Adjustment and Retraining
Notification Act is amended by changing Sections 5 and 10 as
follows:
(820 ILCS 65/5)
Sec. 5. Definitions. As used in this Act:
(a) "Affected employees" means employees who may
reasonably be expected to experience an employment loss as a
consequence of a proposed plant closing or mass layoff by their
employer.
(b) "Employment loss" means:
(1) an employment termination, other than a discharge
for cause, voluntary departure, or retirement;
(2) a layoff exceeding 6 months; or
(3) a reduction in hours of work of more than 50%
during each month of any 6-month period.
"Employment loss" does not include instances when the plant
closing or layoff is the result of the relocation or
consolidation of part or all of the employer's business and,
before the closing or layoff, the employer offers to transfer
the employee to a different site of employment within a

HB0813 - 2 - LRB100 06923 HEP 16974 b
reasonable commuting distance with no more than a 6-month break
in employment, or the employer offers to transfer the employee
to any other site of employment, regardless of distance, with
no more than a 6-month break in employment, and the employee
accepts within 30 days of the offer or of the closing or
layoff, whichever is later.
(c) "Employer" means any business enterprise that employs:
(1) 65 75 or more employees, excluding part-time
employees; or
(2) 65 75 or more employees who in the aggregate work
at least 2,600 4,000 hours per week (exclusive of hours of
overtime).
(d) "Mass layoff" means a reduction in force which:
(1) is not the result of a plant closing; and
(2) results in an employment loss at the single site of
employment during any 30-day period for:
(A) at least 33% of the employees (excluding any
part-time employees) and at least 25 employees
(excluding any part-time employees); or
(B) at least 250 employees (excluding any
part-time employees).
(e) "Part-time employee" means an employee who is employed
for an average of fewer than 20 hours per week or who has been
employed for fewer than 6 of the 12 months preceding the date
on which notice is required.
(f) "Plant closing" means the permanent or temporary

HB0813 - 3 - LRB100 06923 HEP 16974 b
shutdown of a single site of employment, or one or more
facilities or operating units within a single site of
employment, if the shutdown results in an employment loss at
the single site of employment during any 30-day period for 50
or more employees excluding any part-time employees.
(g) "Representative" means an exclusive representative of
employees within the meaning of Section 9(a) or 8(f) of the
National Labor Relations Act (29 U.S.C. 159(a), 158(f)) or
Section 2 of the Railway Labor Act (45 U.S.C. 152).
(Source: P.A. 93-915, eff. 1-1-05.)
(820 ILCS 65/10)
Sec. 10. Notice.
(a) An employer may not order a mass layoff, relocation, or
employment loss unless, 90 60 days before the order takes
effect, the employer gives written notice of the order to the
following:
(1) affected employees and representatives of affected
employees; and
(2) the Department of Commerce and Economic
Opportunity and the chief elected official of each
municipal and county government within which the
employment loss, relocation, or mass layoff occurs.
(b) An employer required to give notice of any mass layoff,
relocation, or employment loss under this Act shall include in
its notice the elements required by the federal Worker

HB0813 - 4 - LRB100 06923 HEP 16974 b
Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
(c) Notwithstanding the requirements of subsection (a), an
employer is not required to provide notice if a mass layoff,
relocation, or employment loss is necessitated by a physical
calamity or an act of terrorism or war.
(d) The mailing of notice to an employee's last known
address or inclusion of notice in the employee's paycheck shall
be considered acceptable methods for fulfillment of the
employer's obligation to give notice to each affected employee
under this Act.
(e) In the case of a sale of part or all of an employer's
business, the seller shall be responsible for providing notice
for any plant closing or mass layoff in accordance with this
Section, up to and including the effective date of the sale.
After the effective date of the sale of part or all of an
employer's business, the purchaser shall be responsible for
providing notice for any plant closing or mass layoff in
accordance with this Section. Notwithstanding any other
provision of this Act, any person who is an employee of the
seller (other than a part-time employee) as of the effective
date of the sale shall be considered an employee of the
purchaser immediately after the effective date of the sale.
(f) An employer which is receiving State or local economic
development incentives for doing or continuing to do business
in this State may be required to provide additional notice

HB0813 - 5 - LRB100 06923 HEP 16974 b
pursuant to Section 15 of the Business Economic Support Act.
(g) The rights and remedies provided to employees by this
Act are in addition to, and not in lieu of, any other
contractual or statutory rights and remedies of the employees,
and are not intended to alter or affect such rights and
remedies, except that the period of notification required by
this Act shall run concurrently with any period of notification
required by contract or by any other law.
(h) It is the sense of the General Assembly that an
employer who is not required to comply with the notice
requirements of this Section should, to the extent possible,
provide notice to its employees about a proposal to close a
plant or permanently reduce its workforce.
(Source: P.A. 93-915, eff. 1-1-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.