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New law on freedom of speech for employees brought before court in the US state of Illinois

Ahead of the Democratic National Convention in Chicago, Governor JB Pritzker hailed Illinois as the “most worker-friendly state in the union” after signing a law that was strongly supported by unions, but now a conservative think tank is suing the state to block its implementation.

On July 31, the Democratic governor signed a law restricting employers from holding “captive audience” conferences, where employees are effectively forced to listen to their boss’s political or religious views.

The Worker Freedom of Speech Act will take effect on January 1, 2025, and does not prohibit companies from holding such meetings, but rather prevents employers from punishing workers if they choose not to attend the meetings. Illinois is the eighth state to pass such a law, along with states such as New York and Minnesota.

More: The staff of the Speaker of the Illinois House of Representatives continues to try to form a union

The Illinois Policy Institute argues in its lawsuit filed in federal court last week that the new law violates employers' free speech rights and claims the law is too broad — thereby subjecting more companies to penalties. Under the new law, the Illinois Department of Labor can impose fines of $1,000 per violation and workers can sue.

Some employers, such as political organizations and nonprofits with IRS designations of 501(c)(4), 501(c)(5), and 501(c)(6), are exempt from the tax. The Illinois Policy Institute is a 501(c)(3) organization and is therefore subject to the law along with churches and traditional charities.

Represented the Chicago-based institute in the case before the Liberty Justice Center. Similar laws are being challenged in Minnesota and Connecticut.

“The First Amendment protects an employer's right to speak with its employees about important matters,” Jeffrey Schwab, senior staff attorney at the Liberty Justice Center, said in a statement. “Illinois has enacted a law banning speech based solely on its content, whether political or religious. The Supreme Court has ruled that such content-based bans are presumptively invalid. For that reason, SB 3649 should be declared unconstitutional.”

Pritzker also signed the Child Labor Act of 2024 on July 30, which sets new limits on weekly work hours, in addition to restrictions on where workers under 16 can work.

A bill supported by both parties would allow minors to work 18 hours during school hours and 40 hours outside of school hours. Under the previous law, minors were allowed to work up to 24 hours per school week and 48 hours per week outside of school hours, according to the state Department of Labor.

When the law takes effect in 2025, employers will no longer be allowed to hire minors to work at cannabis dispensaries, adult entertainment establishments and shooting ranges. The state Department of Labor would also have the authority to impose higher fines if a working child is killed or injured on the job. The fines would be $60,000 and $30,000, respectively.

Tim Drea, president of the Illinois AFL-CIO, pointed out the difference between the updated child labor law in Illinois and neighboring states.

Both bills the governor signed last week were key priorities for the union.

“I can't believe there is such a difference between this river that separates Iowa and Missouri and Illinois,” he said during the Illinois AFL-CIO's biennial convention in Rosemont. “In Iowa, they have reformed their child labor laws by allowing children as young as 14 to work in industry, 30 hours a week during school hours.”

Contact Patrick M. Keck: [email protected], twitter.com/@pkeckreporter.

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