NFIB Illinois State Director Noah Finley and Phil Melin, Executive Director of Illinois Citizens Against Lawsuit Abuse, have raised concerns about recent legislative changes in Illinois that allow private parties to enforce certain laws against employers. In an opinion piece published in Crain’s Chicago Business, they argue that these measures negatively impact small businesses.
According to the op-ed, “Illinois lawmakers have been experimenting with a troubling idea. They are quietly turning law enforcement over to private actors.” The new laws enable individuals or groups defined as “interested part[ies]” to bring lawsuits against employers for alleged statutory violations. These private actors can seek penalties, request injunctions, and collect attorneys’ fees and a portion of fines from businesses. The authors state that this process can occur without considering the interests of the public or employees.
Finley and Melin describe this shift as problematic for the business community. “This is not civil justice. This is privatization of public law enforcement, the private monetization of the legal system,” they wrote.
The full opinion piece is available at Crain’s Chicago Business: https://www.chicagobusiness.com/opinion/small-business-hurt-privatization-law-enforcement-op-ed
Recent legislative changes in Illinois have enabled private parties to take on roles traditionally held by government agencies when it comes to enforcing workplace regulations. Critics say this could increase litigation risks for small businesses and divert resources away from their operations.
