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Bill

HB 3249

RIGHT TO SIT AT WORK

104th Regular Session Introduced by Lilian Jiménez

Illinois employers must provide a suitable seat when the job reasonably allows seated work, prohibiting designs that force standing, with notices, enforcement, and penalties.

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Bill Summary · HB 3249

Summary — HB 3249 (Right to Sit at Work Act)

Status: Introduced Feb 24, 2025; House Floor Amendment 001 filed Apr 9, 2025 (replaces original text); Rule 19(a) / Re‑referred to Rules Committee (Apr 11, 2025). Companion: SB 2203.

Purpose

Establishes a statutory right for employees in Illinois to be provided a suitable seat when the nature of their work reasonably allows seated work, and to prevent employers from designing workspaces that unnecessarily require standing. Creates notice, enforcement, penalty, and private‑right‑of‑action provisions.

Key provisions

  • Definitions: “Department” means the Illinois Department of Labor. “Employee” and “Employer” are defined by reference to Sections 1 and 2 of the Illinois Wage Payment and Collection Act.
  • Right to sit (Section 10):
    • Employers must provide a suitable seat when the nature of the work reasonably allows seated work.
    • Employers may not design a workspace to require standing if it could reasonably be designed to allow seated work.
  • Notice (Section 15):
    • Within 30 days after the Act’s effective date, employers must post and keep posted a notice of employee rights under the Act where notices are customarily placed.
  • Enforcement and remedies:
    • Department of Labor enforcement: The Department shall inquire into alleged violations and may attempt informal resolution (conference, conciliation, persuasion).
    • Informal complaint process: Employees may file complaints with the Department using a prescribed form; if the Department declines or is unlikely to resolve the complaint, the employee may sue.
    • Private right of action (Section 20): Aggrieved employees may sue within one year of the alleged violation, without exhausting administrative remedies. Actions may be brought individually or as collective actions for similarly situated employees.
    • Court remedies: Injunctive relief, reinstatement or equivalent position, reestablishment of benefits (including seniority), back pay, and reasonable attorney’s fees and costs.
  • Civil penalties (Section 25): Employers assessed $1,000 per violation, payable to the Department. Each employee subjected to a violation counts as a separate violation.

Who is affected

  • Employers and employees in Illinois as defined under the Illinois Wage Payment and Collection Act. Practical effect likely strongest in industries with prolonged standing norms (retail, hospitality, food service, manufacturing, security), though applicability depends on whether tasks “reasonably allow” seated work.

Procedural/timing notes & uncertainties

  • Amendment 001 (filed Apr 9, 2025) replaced the bill’s text and is the operative draft reported. The bill’s effective date is not specified in the provided text. Several provisions (e.g., what constitutes a “suitable seat” or the threshold for “reasonably allows”) are not precisely defined and would be subject to interpretation by the Department or courts. Legislative action: public hearings held in March–April 2025; reported favorably in committee and moved through calendar steps before re‑referral to Rules.

Compiled from official sources — confirm details with the bill’s official record.

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