IllinoisIllinois employers must cooperate with workplace investigations starting January 2027
Starting January 1, 2027, Illinois employers must reasonably cooperate with workplace investigations, while records gathered by the Attorney General are exempt from public records requests.
What it does
Starting January 1, 2027, employers must reasonably cooperate with Illinois Attorney General workplace investigations. They may refuse entry to private areas unless investigators obtain a court-approved inspection warrant.
Starting January 1, 2027, courts can enforce workplace investigators’ demands for evidence. Knowingly hiding, destroying, or falsifying subpoenaed documents to block compliance is a misdemeanor, a criminal offense.
Starting January 1, 2027, workplace investigation records are exempt from public records requests. The Attorney General can still use them in court and share them for enforcement.
Argument forConfidential interviews and protection for informers’ identities could help workers share evidence about unpaid wages or unsafe workplaces.
Argument againstKeeping investigation records outside public records requests could make it harder for workers and the public to review how cases are handled.
More detail
The Attorney General would investigate Illinois labor and employment violations by inspecting workplaces, reviewing records, and interviewing employees. These investigations cover Illinois labor and employment laws, including rules about wages, workplace safety, and fair employment practices. Employers may have a lawyer assist them and may refuse access to private areas unless investigators obtain a court-approved inspection warrant. Investigators may seek that warrant when they believe relevant evidence is present and entry is refused or they have reasonable cause for an immediate inspection. A judge must find reasonable grounds. The warrant cannot be issued to obtain evidence for an ongoing criminal investigation. The law takes effect January 1, 2027. Inspections and interviews may occur during normal working hours or at other reasonable times.
The Attorney General could ask a court to enforce a subpoena, a legal demand for evidence or access. These rules cover people served with workplace investigation subpoenas. The Attorney General could recover reasonable fees and expenses for obtaining a court enforcement order. People served with a subpoena may ask a court to change or cancel it. Documents must come with a sworn statement confirming complete production. Written answers and reports must include a sworn statement confirming accuracy. The document offense requires knowing conduct intended to avoid or block compliance with a subpoena. The law takes effect January 1, 2027. Requests to change or cancel a subpoena must be filed and served within 20 days after service, before its response date, or within a longer period the Attorney General allows in writing.
Information and documents obtained in Worker Protection Unit investigations would be exempt from public records requests. These rules cover information collected in the investigations. People who voluntarily provide information would receive confidential-informer status, allowing the government to claim legal protection for their identities. The Attorney General could use investigation materials for law enforcement, including court cases. Officials enforcing employment, competition, or consumer protection laws could receive copies if they first agree in writing to limit further disclosure to themselves and their authorized employees. The law takes effect January 1, 2027.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 31Public Act . . . . . . . . . 104-0676Latest
- Jul 31Effective Date January 1, 2027
- Jul 31Governor J. B. Pritzker ApprovedBecame Law
- Jun 18Sent to the GovernorTo Governor
- Jun 1Added as Alternate Co-Sponsor Sen. Mattie Hunter
- Jun 1Added as Alternate Co-Sponsor Sen. Elgie R. Sims, Jr.
- May 31Added as Alternate Co-Sponsor Sen. Mary Edly-Allen
- May 31Added as Alternate Co-Sponsor Sen. Mike Porfirio
- May 31Added as Alternate Co-Sponsor Sen. Michael W. Halpin
- May 20Passed Both Houses
- Vote recorded Third Reading. Result: pass.Upper
- May 20Third Reading - Passed; 043-014-001Passed Senate
- May 14Placed on Calendar Order of 3rd Reading May 18, 2026
- May 14Second ReadingMinor
- May 6Placed on Calendar Order of 2nd Reading May 7, 2026Minor
- Vote recorded Do Pass. Result: pass.Upper
- May 6Do Pass Judiciary; 007-002-000
- Apr 28Assigned to JudiciaryMinor
- Apr 21Referred to Assignments
- Apr 21First ReadingMinor
- Apr 21Chief Senate Sponsor Sen. Omar Aquino
- Apr 21Placed on Calendar Order of First ReadingMinor
- Apr 21Arrive in SenateMinor
- Apr 16House Floor Amendment No. 2 TabledMinor
- Vote recorded Third Reading. Result: pass.Lower
- Vote recorded Do Pass, Amendment 3. Result: pass.Lower
- Apr 16Third Reading - Short Debate - Passed 079-023-000Passed House
- Apr 16Placed on Calendar Order of 3rd Reading - Short Debate
- Apr 16House Floor Amendment No. 3 AdoptedMajor
- Apr 16Recalled to Second Reading - Short DebateMinor
- Apr 16House Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 007-004-000Minor
- Apr 15House Floor Amendment No. 3 Rules Refers to Executive Committee
- Apr 15House Floor Amendment No. 3 Referred to Rules Committee
- Apr 15House Floor Amendment No. 3 Filed with Clerk by Rep. Jay HoffmanMinor
- Apr 14House Floor Amendment No. 2 Rules Refers to Executive Committee
- Apr 14House Floor Amendment No. 2 Referred to Rules Committee
- Apr 14House Floor Amendment No. 2 Filed with Clerk by Rep. Jay HoffmanMinor
- Apr 7Placed on Calendar Order of 3rd Reading - Short Debate
- Apr 7Second Reading - Short DebateMinor
- Apr 6Added Co-Sponsor Rep. Theresa Mah
- Mar 25Placed on Calendar 2nd Reading - Short DebateMinor
- Vote recorded Do Pass. Result: pass.Lower
- Mar 25Do Pass as Amended / Short Debate Executive Committee; 008-003-000
- Mar 25House Committee Amendment No. 1 Adopted in Executive Committee; by Voice VoteMajor
- Mar 20House Committee Amendment No. 1 Rules Refers to Executive Committee
- Mar 18House Committee Amendment No. 1 Referred to Rules Committee
- Mar 18House Committee Amendment No. 1 Filed with Clerk by Rep. Jay HoffmanMinor
- Mar 18Assigned to Executive CommitteeMinor
- Feb 6Referred to Rules Committee
- Feb 6First ReadingMinor
- Jan 30Filed with the Clerk by Rep. Jay HoffmanIntroduced
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