On July 31, Illinois Governor JB Pritzker signed into law the Illinois Worker Freedom of Speech Act (IL SB 3649), adding the state to the list of other jurisdictions where employers cannot discuss workplace issues, including union representation (i.e., unionization) and pending legislation/regulations, with their employees. The legislation takes effect on January 1, 2025.

While not yet effecting all of the U.S. construction geographic markets, it should be noted for those possibly not familiar with this matter, Illinois joins Connecticut, Maine, Minnesota, New Jersey, New York, and Oregon in passing such laws; with another seven additional states that have pending legislation on the topic.  Business groups continue to push back on these laws, including a legal challenge to Connecticut’s version which argues these types of statutes infringe/violate on employers’ free speech rights guaranteed under the First Amendment, as well as the Fourteenth Amendments and the National Labor Relations Act itself.