HB3638 - 104th General Assembly (2025-2026)

WORK TRANSPARENCY-CONFIDENTIAL
Last Action
08/15/2025 - House: Public Act . . . . . . . . . 104-0320
Statutes Amended In Order of Appearance
820 ILCS 96/1-5  
820 ILCS 96/1-10  
820 ILCS 96/1-15  
820 ILCS 96/1-20  
820 ILCS 96/1-25  
820 ILCS 96/1-30  
820 ILCS 96/1-35  
820 ILCS 96/1-40  
Synopsis As Introduced
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.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Changes references from "concerted activities" to "concerted activity". Provides that an employee or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that prevents the employee or former employee from working or from applying to work for the employer in the future if the provision expires within 7 years (rather than if the provision expires 7 years after the settlement or termination agreement is executed). Makes other changes.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. 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, in addition to other specified conditions, any promises of confidentiality by the employee, prospective employee, or former employee expire within 5 years fro m the date that the employee, prospective employee, or former employee disclosed the alleged unlawful employment practice that is the subject of confidentiality.

Senate Floor Amendment No. 2
Removes a provision concerning settlement or termination agreements related to alleged unlawful employment practices. Removes a requirement that settlement or termination agreements that prevent an employee or former employee from working or from applying to work for an employer in the future must expire within 7 years. Replaces references to "consequential damages" with references to "compensatory damages". Defines "concerted activity".
Actions
DateChamberAction
02/07/2025HouseFiled with the Clerk by Rep. Ann M. Williams
02/18/2025HouseFirst Reading
02/18/2025HouseReferred to Rules Committee
03/11/2025HouseAssigned to Labor & Commerce Committee
03/14/2025HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams
03/14/2025HouseHouse Committee Amendment No. 1 Referred to Rules Committee
03/18/2025HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
03/19/2025HouseHouse Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote
03/19/2025HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 019-008-000
03/20/2025HousePlaced on Calendar 2nd Reading - Short Debate
03/26/2025HouseSecond Reading - Short Debate
03/26/2025HouseHeld on Calendar Order of Second Reading - Short Debate
04/08/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
04/08/2025HouseThird Reading - Short Debate - Passed 077-037-000
04/09/2025SenateArrive in Senate
04/09/2025SenatePlaced on Calendar Order of First Reading April 10, 2025
04/10/2025SenateChief Senate Sponsor Sen. Laura Fine
04/10/2025SenateFirst Reading
04/10/2025SenateReferred to Assignments
04/29/2025SenateAssigned to Labor
05/09/2025SenateRule 2-10 Committee Deadline Established As May 23, 2025
05/12/2025SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
05/12/2025SenateSenate Committee Amendment No. 1 Referred to Assignments
05/13/2025SenateSenate Committee Amendment No. 1 Assignments Refers to Labor
05/13/2025SenateSenate Committee Amendment No. 1 Adopted
05/14/2025SenateDo Pass as Amended Labor; 010-005-000
05/14/2025SenatePlaced on Calendar Order of 2nd Reading May 15, 2025
05/14/2025SenateAdded as Alternate Co-Sponsor Sen. Javier L. Cervantes
05/15/2025SenateSecond Reading
05/15/2025SenatePlaced on Calendar Order of 3rd Reading May 20, 2025
05/22/2025SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Fine
05/22/2025SenateSenate Floor Amendment No. 2 Referred to Assignments
05/23/2025SenateRule 2-10 Third Reading/Passage Deadline Established As June 1, 2025
05/27/2025SenateSenate Floor Amendment No. 2 Assignments Refers to Labor
05/27/2025SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
05/27/2025SenateSenate Floor Amendment No. 2 Recommend Do Adopt Labor; 018-000-000
05/29/2025SenateAdded as Alternate Chief Co-Sponsor Sen. Cristina Castro
05/30/2025SenateRecalled to Second Reading
05/30/2025SenateSenate Floor Amendment No. 2 Adopted; Fine
05/30/2025SenatePlaced on Calendar Order of 3rd Reading
05/30/2025SenateThird Reading - Passed; 052-002-000
05/30/2025HouseArrived in House
05/30/2025HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
05/30/2025HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams
05/30/2025HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Ann M. Williams
05/30/2025HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
05/30/2025HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
05/31/2025HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce Committee
05/31/2025HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor & Commerce Committee
05/31/2025HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000
05/31/2025HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000
05/31/2025HouseAdded Co-Sponsor Rep. Yolonda Morris
05/31/2025HouseAdded Co-Sponsor Rep. Sharon Chung
05/31/2025HouseSenate Committee Amendment No. 1 House Concurs 093-022-000
05/31/2025HouseSenate Floor Amendment No. 2 House Concurs 093-022-000
05/31/2025HouseHouse Concurs
05/31/2025HousePassed Both Houses
05/31/2025SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
06/04/2025SenateAdded as Alternate Co-Sponsor Sen. Meg Loughran Cappel
06/24/2025HouseSent to the Governor
08/15/2025HouseGovernor Approved
08/15/2025HouseEffective Date January 1, 2026
08/15/2025HousePublic Act . . . . . . . . . 104-0320