New Year, New Laws | Top Retail Laws Going into Effect January 1

SB 2577, Main Street Fairness  

SB 2577 requires online retailers to collect sales taxes on purchases made in Illinois.  The bill was modeled after the South Dakota law that was upheld by the United States Supreme Court.  Specifically, SB 2577 provides that if a retailer or serviceman makes a sale to purchaser in Illinois from outside of Illinois, then that retailer or serviceman is considered to be “maintaining a place of business in this State” if (1) the cumulative gross receipts from sales of service to purchasers in Illinois are $150,000 or more; or (2) the retailer or serviceman enters into 200 or more separate transactions for sales of service to purchasers in Illinois.

 

PA 100-1003, Nursing Mother’s Act

PA 100-1003 (HB 1595) requires an employer to provide for reasonable break time during the first year after the child’s birth each time the employee needs to express milk. The break time may run concurrently with any break time already provided to the employee. An employer may not reduce an employee’s compensation for time used for the purpose of expressing milk or nursing a baby. An employer shall provide reasonable break time as needed by the employee unless to do so would create an undue hardship as defined by the Illinois Human Rights Act.

 

PA 100-1094, Employee Expenses

PA 100-1094 (SB 2999) requires an employer to reimburse an employee for all necessary expenditures or losses incurred by the employee directly related to services performed for the employer. “Necessary expenses” include all reasonable expenditures or losses including, but not limited to, uniforms, equipment, vehicle expenses, electronic devices such as cell phones, tablets, and computers, and any other expenditures or losses an employer requires an employee to incur in direct consequence of the discharge of employment duties. An employer is not liable under this Section unless the employer knew or had reason to know that the employee incurred the expenditure or loss.

 

PA 100-0954, Food Service Sanitation Managers Certification (FSSMC)

PA 100-0954 (HB 5011) grandfathers the Food Service Sanitation Manager Certificates (FSSMC) that were approved prior to last year’s passage of the legislation that removed the redundant state certification and fee on food retailers.  Last year, IRMA convinced lawmakers to remove the redundant state food certification and accompanying unnecessary fee on food retailers.  The Illinois Department of Public Health (IDPH) complied but has refused to acknowledge the expiration date of current FSSM certificates. This has required some employees to retake the federal tests before the expiration of the current 5 year certificates.  HB 5011 grandfathers those FSSM certificates approved before the change in the law.