IllinoisHB3638104th General Assembly (2025–2026)HouseWALLET

WORK TRANSPARENCY-CONFIDENTIAL

Sponsored By: Ann M. Williams (Democratic)

Became Law

labor & commerceassignmentslabor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Damages and attorney fees for workers

Beginning January 1, 2020, if you win a final, non-appealable case that an employment clause is invalid, or you defeat a lawsuit to enforce a banned confidentiality term, you get consequential damages plus your reasonable attorney’s fees and costs.

Stronger rules for settlement confidentiality

Beginning January 1, 2020, confidentiality in a settlement or termination deal is valid only if it is the worker’s documented choice, benefits both sides, and has separate pay for confidentiality. Employers must give written notice that you can have a lawyer review it. You get 21 days to consider and 7 days after signing to cancel, and the deal cannot waive claims that arise later. Employers cannot add secrecy terms on their own, and any noncompliant confidentiality promise is void but the rest of the deal can still stand.

Workers keep right to report and testify

Beginning January 1, 2020, no contract can stop you from reporting illegal workplace conduct to government agencies or acting with coworkers on work issues. Any one-sided term that blocks truthful statements about unlawful practices is void and removed. You also keep the right to testify when a court, agency, or the legislature orders or requests it.

No forced waivers without real bargaining

Beginning January 1, 2020, employers cannot force workers to waive or arbitrate discrimination or harassment claims, shorten filing deadlines, apply non-Illinois law, or require out-of-state courts. Beginning August 20, 2021, these limits can change only through a true mutual deal that is in writing, has real, separate consideration, and says you keep the rights to report to agencies, report crimes, take part in proceedings, make truthful statements required by law, get confidential legal advice, and act with coworkers. If these safeguards are missing, the term is presumed one-sided and treated as void.

Union contracts control; other laws unchanged

Beginning January 1, 2020, valid union collective bargaining agreements under Illinois or federal labor law control if they conflict with this law. Union workplaces follow their contract where it conflicts; others follow this law. This law does not change how other laws decide who is an employee, including human rights, workers’ compensation, unemployment insurance, and wage payment laws.

Sponsors & Cosponsors

Sponsor

  • Ann M. Williams

    Democratic • House

Cosponsors

  • Cristina Castro

    Democratic • Senate

  • Javier L. Cervantes

    Democratic • Senate

  • Laura Fine

    Democratic • Senate

  • Linda Holmes

    Democratic • Senate

  • Mary Edly-Allen

    Democratic • Senate

  • Meg Loughran Cappel

    Democratic • Senate

  • Sharon Chung

    Democratic • House

  • Yolonda Morris

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 400 • No: 116

House vote 5/31/2025

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee;

Yes: 19 • No: 10

House vote 5/31/2025

Senate Floor Amendment No. 2 House Concurs

Yes: 93 • No: 22

House vote 5/31/2025

Senate Committee Amendment No. 1 House Concurs

Yes: 93 • No: 22

House vote 5/31/2025

Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee;

Yes: 19 • No: 10

Senate vote 5/30/2025

Third Reading - Passed;

Yes: 52 • No: 2

Senate vote 5/27/2025

Senate Floor Amendment No. 2 Recommend Do Adopt Labor;

Yes: 18 • No: 0

Senate vote 5/14/2025

Do Pass as Amended Labor;

Yes: 10 • No: 5

House vote 4/8/2025

Third Reading - Short Debate - Passed

Yes: 77 • No: 37

House vote 3/19/2025

Do Pass as Amended / Short Debate Labor & Commerce Committee;

Yes: 19 • No: 8

Actions Timeline

  1. Public Act . . . . . . . . . 104-0320

    8/15/2025House
  2. Effective Date January 1, 2026

    8/15/2025House
  3. Governor Approved

    8/15/2025House
  4. Sent to the Governor

    6/24/2025House
  5. Added as Alternate Co-Sponsor Sen. Meg Loughran Cappel

    6/4/2025Senate
  6. Added as Alternate Co-Sponsor Sen. Mary Edly-Allen

    5/31/2025Senate
  7. Passed Both Houses

    5/31/2025House
  8. House Concurs

    5/31/2025House
  9. Senate Floor Amendment No. 2 House Concurs 093-022-000

    5/31/2025House
  10. Senate Committee Amendment No. 1 House Concurs 093-022-000

    5/31/2025House
  11. Added Co-Sponsor Rep. Sharon Chung

    5/31/2025House
  12. Added Co-Sponsor Rep. Yolonda Morris

    5/31/2025House
  13. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000

    5/31/2025House
  14. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000

    5/31/2025House
  15. Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor & Commerce Committee

    5/31/2025House
  16. Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce Committee

    5/31/2025House
  17. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

    5/30/2025House
  18. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

    5/30/2025House
  19. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Ann M. Williams

    5/30/2025House
  20. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams

    5/30/2025House
  21. Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2

    5/30/2025House
  22. Arrived in House

    5/30/2025House
  23. Third Reading - Passed; 052-002-000

    5/30/2025Senate
  24. Placed on Calendar Order of 3rd Reading

    5/30/2025Senate
  25. Senate Floor Amendment No. 2 Adopted; Fine

    5/30/2025Senate

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

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