# Illinois HB3638: WORK TRANSPARENCY-CONFIDENTIAL Illinois HB3638, WORK TRANSPARENCY-CONFIDENTIAL, is a 104th General Assembly (2025–2026) House bill sponsored by no sponsor on record; status signed, last action 2025-08-15 (Public Act . . . . . . . . . 104-0320) (as of 2026-11-01). - Canonical: https://policyrisk.com/state-bill/IL-HB3638-2025-2026 - As of: 2026-11-01 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Illinois HB3638 - State: Illinois - Session: 104th General Assembly (2025–2026) - Title: WORK TRANSPARENCY-CONFIDENTIAL - Status: signed - Chamber: House - Introduced: 2025-02-07 - Last action: 2025-08-15, Public Act . . . . . . . . . 104-0320 - Sponsors: no sponsor on record - Cosponsors: 9 - Subjects: labor & commerce, assignments, labor - Touches household money: no - Roll calls: 9 (400 yes, 116 no in all) - Economic provisions PRIA read: 5 ## Summary Amends the Workplace Transparency Act. Provides that no contract, agreement, clause, covenant, waiver, or other document shall prohibit, prevent, or otherwise restrict an employee, prospective employee, or former employee from engaging in concerted activities to address work-related issues. Provides that any agreement, clause, covenant, or waiver that is a mutual condition of employment or continued employment may include provisions that would otherwise be against public policy if it acknowledges the right of the employee or prospective employee to engage in concerted activities to address work-related issues. Provides that an employee, prospective employee, or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that includes promises of confidentiality related to alleged unlawful employment practices if the confidentiality provision expires no later than 5 years after the alleged unlawful employment practices occurred. Provides for the recovery of consequential damages incurred in challenging a contract for violation of the Act. Makes other changes. ## Bill overview: provisions PRIA read - Workers can recover damages and legal costs: benefit, medium. Current workers, former workers, and job seekers can recover losses caused by violations, plus reasonable attorney fees and court costs. Recovery requires a final ruling in their favor that can no longer be appealed. This covers challenges to contract terms under the Act and defenses against covere… - Workers gain stronger rights to speak: benefit, low. Contracts cannot stop current workers, former workers, or job seekers from reporting alleged unlawful conduct to government officials. They also cannot block protected group action on work issues. Non-negotiable job terms cannot block truthful statements about alleged unlawful employment practices… - Some union contracts fall outside these protections: cost, low. The Workplace Transparency Act excludes collective bargaining agreements governed by the Illinois Public Labor Relations Act or National Labor Relations Act. A valid collective bargaining agreement controls when it conflicts with the Act. More broadly, the Act applies only to contracts entered into… - Workers gain safeguards for negotiated job terms: mixed, low. Employers cannot impose non-negotiable job terms that waive, force arbitration of, or reduce employment claims while denying legal rights or remedies. This includes shorter filing deadlines, non-Illinois law for Illinois workers' claims, and hearings outside Illinois when they deny those protection… - Workers get safeguards before accepting confidentiality: mixed, low. Current workers, former workers, and job seekers can agree to keep alleged unlawful employment practices confidential in settlement or termination agreements. Confidentiality must be their documented preference, benefit both sides, and provide something of value separate from the exchange for relea… ## Sponsors and cosponsors - Cosponsor: Ann M. Williams (Democratic), House - Cosponsor: Cristina Castro (Democratic), Senate - Cosponsor: Javier L. Cervantes (Democratic), Senate - Cosponsor: Laura Fine (Democratic), Senate - Cosponsor: Linda Holmes (Democratic), Senate - Cosponsor: Mary Edly-Allen (Democratic), Senate - Cosponsor: Meg Loughran Cappel (Democratic), Senate - Cosponsor: Sharon Chung (Democratic), House - Cosponsor: Yolonda Morris (Democratic), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-05-31 | House | Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; | pass | 19 | 10 | | | 2025-05-31 | House | Senate Committee Amendment No. 1 House Concurs | pass | 93 | 22 | | | 2025-05-31 | House | Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; | pass | 19 | 10 | | | 2025-05-31 | House | Senate Floor Amendment No. 2 House Concurs | pass | 93 | 22 | | | 2025-05-30 | Senate | Third Reading - Passed; | pass | 52 | 2 | | | 2025-05-27 | Senate | Senate Floor Amendment No. 2 Recommend Do Adopt Labor; | pass | 18 | 0 | | | 2025-05-14 | Senate | Do Pass as Amended Labor; | pass | 10 | 5 | | | 2025-04-08 | House | Third Reading - Short Debate - Passed | pass | 77 | 37 | | | 2025-03-19 | House | Do Pass as Amended / Short Debate Labor & Commerce Committee; | pass | 19 | 8 | | ## Actions (63) - 2025-08-15: Public Act . . . . . . . . . 104-0320 (House) - 2025-08-15: Effective Date January 1, 2026 (House) - 2025-08-15: Governor Approved (House) - 2025-06-24: Sent to the Governor (House) - 2025-06-04: Added as Alternate Co-Sponsor Sen. Meg Loughran Cappel (Senate) - 2025-05-31: Added as Alternate Co-Sponsor Sen. Mary Edly-Allen (Senate) - 2025-05-31: Passed Both Houses (House) - 2025-05-31: House Concurs (House) - 2025-05-31: Senate Floor Amendment No. 2 House Concurs 093-022-000 (House) - 2025-05-31: Senate Committee Amendment No. 1 House Concurs 093-022-000 (House) - 2025-05-31: Added Co-Sponsor Rep. Sharon Chung (House) - 2025-05-31: Added Co-Sponsor Rep. Yolonda Morris (House) - 2025-05-31: Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000 (House) - 2025-05-31: Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000 (House) - 2025-05-31: Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor & Commerce Committee (House) - 2025-05-31: Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce Committee (House) - 2025-05-30: Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee (House) - 2025-05-30: Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee (House) - 2025-05-30: Senate Floor Amendment No. 2 Motion Filed Concur Rep. Ann M. Williams (House) - 2025-05-30: Senate Committee Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams (House) - 2025-05-30: Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2 (House) - 2025-05-30: Arrived in House (House) - 2025-05-30: Third Reading - Passed; 052-002-000 (Senate) - 2025-05-30: Placed on Calendar Order of 3rd Reading (Senate) - 2025-05-30: Senate Floor Amendment No. 2 Adopted; Fine (Senate) - 2025-05-30: Recalled to Second Reading (Senate) - 2025-05-29: Added as Alternate Chief Co-Sponsor Sen. Cristina Castro (Senate) - 2025-05-27: Senate Floor Amendment No. 2 Recommend Do Adopt Labor; 018-000-000 (Senate) - 2025-05-27: Added as Alternate Co-Sponsor Sen. Linda Holmes (Senate) - 2025-05-27: Senate Floor Amendment No. 2 Assignments Refers to Labor (Senate) - 2025-05-23: Rule 2-10 Third Reading/Passage Deadline Established As June 1, 2025 (Senate) - 2025-05-22: Senate Floor Amendment No. 2 Referred to Assignments (Senate) - 2025-05-22: Senate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Fine (Senate) - 2025-05-15: Placed on Calendar Order of 3rd Reading May 20, 2025 (Senate) - 2025-05-15: Second Reading (Senate) - 2025-05-14: Added as Alternate Co-Sponsor Sen. Javier L. Cervantes (Senate) - 2025-05-14: Placed on Calendar Order of 2nd Reading May 15, 2025 (Senate) - 2025-05-14: Do Pass as Amended Labor; 010-005-000 (Senate) - 2025-05-13: Senate Committee Amendment No. 1 Adopted (Senate) - 2025-05-13: Senate Committee Amendment No. 1 Assignments Refers to Labor (Senate) - 2025-05-12: Senate Committee Amendment No. 1 Referred to Assignments (Senate) - 2025-05-12: Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine (Senate) - 2025-05-09: Rule 2-10 Committee Deadline Established As May 23, 2025 (Senate) - 2025-04-29: Assigned to Labor (Senate) - 2025-04-10: Referred to Assignments (Senate) - 2025-04-10: First Reading (Senate) - 2025-04-10: Chief Senate Sponsor Sen. Laura Fine (Senate) - 2025-04-09: Placed on Calendar Order of First Reading April 10, 2025 (Senate) - 2025-04-09: Arrive in Senate (Senate) - 2025-04-08: Third Reading - Short Debate - Passed 077-037-000 (House) - 2025-04-08: Placed on Calendar Order of 3rd Reading - Short Debate (House) - 2025-03-26: Held on Calendar Order of Second Reading - Short Debate (House) - 2025-03-26: Second Reading - Short Debate (House) - 2025-03-20: Placed on Calendar 2nd Reading - Short Debate (House) - 2025-03-19: Do Pass as Amended / Short Debate Labor & Commerce Committee; 019-008-000 (House) - 2025-03-19: House Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote (House) - 2025-03-18: House Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee (House) - 2025-03-14: House Committee Amendment No. 1 Referred to Rules Committee (House) - 2025-03-14: House Committee Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams (House) - 2025-03-11: Assigned to Labor & Commerce Committee (House) - 2025-02-18: Referred to Rules Committee (House) - 2025-02-18: First Reading (House) - 2025-02-07: Filed with the Clerk by Rep. Ann M. Williams (House) ## Bill text - Engrossed: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638eng.pdf) - Enrolled: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638enr.pdf) - House Amendment 1: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638ham001.pdf) - Introduced: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638.pdf) - Senate Amendment 1: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638sam001.pdf) - Senate Amendment 2: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638sam002.pdf) ## Related bills - HB5198: AFFORDABLE HOUSING-CILAS (passed house) - SB1937: PENSION CODE-VARIOUS (passed senate) - HB2563: CONDO-RESERVE STUDY (in committee) - HB4701: LIMITATIONS FACILITY FEES ACT (in committee) - SB3008: DHS-ABLE PROGRAM INFO MATERIAL (passed senate) - SB3484: VEH CD-PLATES-REGISTRATION (signed) ## Sources - [Engrossed (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638eng.pdf) - [Enrolled (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638enr.pdf) - [House Amendment 1 (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638ham001.pdf) - [Introduced (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638.pdf) - [Senate Amendment 1 (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638sam001.pdf) - [Senate Amendment 2 (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3638sam002.pdf) ## Related - [HB5198: AFFORDABLE HOUSING-CILAS](https://policyrisk.com/state-bill/IL-HB5198-2025-2026) - [SB1937: PENSION CODE-VARIOUS](https://policyrisk.com/state-bill/IL-SB1937-2025-2026) - [HB2563: CONDO-RESERVE STUDY](https://policyrisk.com/state-bill/IL-HB2563-2025-2026) - [HB4701: LIMITATIONS FACILITY FEES ACT](https://policyrisk.com/state-bill/IL-HB4701-2025-2026) - [SB3008: DHS-ABLE PROGRAM INFO MATERIAL](https://policyrisk.com/state-bill/IL-SB3008-2025-2026) - [SB3484: VEH CD-PLATES-REGISTRATION](https://policyrisk.com/state-bill/IL-SB3484-2025-2026) - [Illinois bills](https://policyrisk.com/states/illinois/bills) - [Illinois state hub](https://policyrisk.com/states/illinois) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/IL-HB3638-2025-2026 (as of 2026-11-01).