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Adams and Reese Partner and Construction Team Co-Leader Trent Cotney had his article, “The New Transportation Benefit Law Took Effect in January” published in CRCA Today, a publication by the Chicago Roofing Contractors Association.

In summer 2023, Illinois Gov. J.B. Pritzker signed the Transportation Benefits Program Act (TBPA, Public Act 103- 0291), which went into effect on Jan. 1, 2024. Cotney said that if you are an employer impacted by this new law, make sure you have the benefit in place for your covered employees and update your employee manuals accordingly.

According to the TBPA, certain employers in specific Illinois regions are required to provide covered employees with pre-tax commuter benefits. Covered employees are defined as those who work an average of 35 hours a week on a full-time basis. Such employees are eligible for the benefit after 120 days of employment.

Impacted employers are individuals, partnerships, associations, corporations, limited liability companies, government entities, nonprofit organizations, and business trusts that have at least 50 covered employees and control their working conditions. In addition, impacted employers must be located in specific areas and within one mile of fixed-route transit service.

“Employers meeting those conditions must provide their eligible workers with a pre-tax commuter benefit with which they can purchase transit passes,” writes Cotney. “Employees can have the benefit deducted from wages and excluded from taxable compensation.”

Cotney is a leading member of one of the largest construction practices in the country with Adams and Reese’s roster of more than 80 attorneys serving the construction industry.

A Partner in the Adams and Reese Tampa office, Cotney represents construction and infrastructure clients, including general contractors, subcontractors, suppliers, manufacturers, architects, engineers, roofers, developers, and other professionals. He is an EU arbitrator for construction-related disputes. Cotney is also experienced in construction litigation and arbitration, including OSHA defense, lien law, bond law, bid protests, and construction document review and drafting.

Cotney is ranked among the top construction attorneys in Florida by Chambers USA and ranked by Best Lawyers, and Super Lawyers in Florida, Texas, Mid-South, and Illinois. Cotney is a board-certified construction lawyer licensed in eight states and Washington, DC.