Employer Related Services

Starting January 1, 2025, an amendment to the Equal Pay Act requires employers with 15 or more employees to:

*  Include a wage or salary range (pay scale) in job listings, including third-party job ads.

• Including a hyperlink in a job listing to a public web page with information about wage or salary range, rather than putting that information directly in a job listing, satisfies this requirement. 

*  Describe benefits such as bonuses or other incentives and compensation in job listings, including third-party job ads.

• This requirement can be satisfied by having a general benefits description easily accessible on the employer’s website. 

*  Specify a salary range that the employer expects in “good faith” to offer for the position, based on factors like existing pay scales, budget, or compensation for similar roles.

*  Inform existing employees of promotion opportunities within 14 days of posting jobs externally.

This law applies to positions in Illinois or roles performed outside Illinois if the employee reports to a location in Illinois. However, it does not require employers to create job postings or prevent an employer from inquiring about an applicants’ salary expectations.

Starting January 1, 2025, Illinois employers will be obligated to comply with updated regulations concerning pay stub retention and accessibility. As outlined in Public Act 103-0935, these rules govern the retention and access of pay stubs:

*  Employers must retain pay stubs for at least three years from the date of payment, even after an employee leaves the company. (Paper or Electronic)

*  Employers must provide pay stubs upon request within 21 days. (Paper or Electronic)

• A written request may be required.
• Employers are not required to fulfill more than two requests per year.

*  Employers must provide former employees their pay stubs within 21 days of the request, in the format requested by the former employee. (Paper or Electronic)

• Employers are not required to fulfill requests made more than one year after the employee's departure or more than two requests per year.

Effective January 1, 2025, the Illinois Personnel Records Review Act ( HB 3763) introduces new requirements for employee requests regarding personnel records. These changes aim to improve transparency and employee access to personnel records. 

Under the new law, an employee’s requests must meet the following:

*  Must be in writing (including text messages and emails).

*  Requests must specify which records are being requested or specify that they are requesting all allowable records.

*  Requests must specify whether the employee is requesting to inspect, copy, or receive copies of the records either in hardcopy or electronic format.

*  Requests should be made at reasonable intervals. Employers are required to grant two requests per year.

*  Requests must be directed to the responsible party (HR, payroll, supervisor, or designated party).

*  If a representative of the employee is making a request for medical information and records, a signed waiver must be provided allowing for medical information and records to be released to that specific representative.

If the employee request satisfies the above criteria, the employer must provide:

*  Records used or intended to be used for decisions about employment, promotion, transfer, compensation, benefits, discharge, or disciplinary action.

*  Must provide legally binding employment contracts or agreements.

*  Must provide employee handbooks, written policies, or procedures that the employee acknowledged.

*  Must provide written policies or procedures related to employment decisions.

Starting January 1, 2025, Illinois employers will be required to follow new regulations when hiring minors. Senate Bill (SB) 3646 repeals and replaces the state's previous child labor law with the Child Labor Law of 2024. This law applies to minors under the age of 16 and the changes focus on ensuring the safety, well-being, and education of minors. The new law provides the following protections:

*  Employment certificate requirement:

• Minors must obtain an employment certificate issued by the Illinois Department of Labor from the minor’s school. 
• These certificates must be kept on the premises where the minor works, ensuring compliance with the law.

*  Work hour limits when school is in session:

• Minors can work no more than 18 hours per week.
• Combined school and work hours cannot exceed 8 hours a day, with 3 hours max of work per day during school days.
• Employers can allow minors under the age of 16 to work a maximum of 8 hours on Saturdays and Sundays during the school year if: 

1. The minor is not working outside of school hours for more than 6 consecutive days and

2. The total hours worked by the minor outside of school hours is not more than 24 hours in a week. 

*  Work hour limits when school is not in session. 

• Minors can work up to 40 hours per week.
• No more than 8 hours per day (within a 24-hour period).

*  Time of day restrictions:

• From Labor Day to June 1st, minors cannot work between 7:00 pm and 7:00 am.
• From June 1st to Labor Day, minors cannot work between 9:00 pm and 7:00 am.

*  Meal break requirement:

• Minors cannot work more than 5 continuous hours without a minimum 30-minute meal break.

*  Supervision requirement:

• A minor must always be supervised by a person who is at least 21 years old.

*  Notice posting:

• Employers must post a notice summarizing the law's requirements in a visible location to ensure compliance and awareness.

*  Penalties for violations:

• The Act establishes civil and criminal penalties for any violations, emphasizing accountability for non-compliance.

Worker Freedom of Speech Act (SB 3694), effective January 1, 2025, in Illinois, prohibits the following:

• Employers cannot require employees to attend meetings or receive communications about religious or political matters. "Political matters" include topics like elections, political parties, proposed changes in legislation, and decisions about supporting political, civic, or labor organizations.

• Employers cannot take adverse actions against employees who decline to participate in such meetings or communications, or who report violations of the Act.

• Employers are prohibited from offering rewards or incentives to encourage participation in these meetings.

• Employers must post a notice informing employees of their rights under the Act.

• Employees can file civil lawsuits for violations within one year of the incident. Unions or other interested parties can also file complaints on behalf of employees.

• The Illinois Department of Labor can impose a $1,000 civil penalty for each violation of the Act.

Effective January 1, 2025, the Illinois Whistleblower Act will undergo significant changes under HB 5561. The amendments significantly extend the scope of protections for whistleblowers in Illinois and include the following: 

*  Expanded Protections: 

• Employers are prohibited from retaliating against employees who disclose or threaten to disclose unlawful activities not only to public bodies (e.g., government authorities or courts) but also to any supervisor, officer, or board member in an organization with a contractual relationship to the employer.

*  Broader Scope for Reporting: 

• Employees are protected from retaliation when reporting activities they reasonably believe pose a substantial and specific danger to public health, safety, or other employees.

*  Definition of "Adverse Action" Expanded: 

• The definition of "adverse action" is broadened to include any action that could discourage a reasonable employee from making such disclosures.

Effective January 1, 2025, Public Act 95-138 in Illinois introduces new requirements for employers regarding discrepancies in employee employment verification documentation. This law ensures that employees are informed and have rights to address discrepancies in their employment verification and work authorization status. These requirements include:

*  Discrepancy Notification:

• Employers must specify which documents are deficient and the reason for the discrepancy.
• If requested, employers must provide original documents within seven business days.
• Instructions must be provided to the employee on who to contact and how to correct the deficiency.
• If allowed by an E-Verify MOU, the employee has the right to have representation during meetings.
• Employers must inform employees of their rights in connection with the discrepancy.

*  Notification of Work Authorization Discrepancy:

• Employers cannot take adverse action based on a federal or state notification of work authorization issues.
• Employers must notify the employee and any authorized representative within five business days (or shorter if required by law).
• The notice must be hand-delivered, mailed, or emailed if the employee’s email is known.
• Employers must provide the original notice upon request within seven business days.

*  Employee Representation:

• Employees can have a representative present during meetings related to discrepancies.

*  I-9 Inspection Notice:

• Employers must notify employees (in English and any other commonly spoken language in the workplace) of I-9 inspections within 72 hours of receiving the inspection notice.
• Employers cannot require more verification than federal law mandates.

Family Responsibilities

Effective January 1, 2025, Illinois House Bill 2161 (HB 2161) prohibits employment discrimination based on family responsibilities.

*  Family responsibilities are defined as an employee's actual or perceived provision of personal care to a family member, whether in the past: 

• This refers to an employee's role in providing personal care to a family member, including tasks related to medical care, hygiene, eating, safety, and transportation to appointments. It also includes emotional support for a family member with serious health issues.

*  Prohibited Discrimination: 

• Employers cannot make hiring, firing, or promotion decisions based on assumptions about an employee's family responsibilities and how those might impact their work.

*  No Requirement for Policy Changes: 

• Employers are not obligated to alter reasonable workplace policies (such as leave, scheduling, or performance) to accommodate an employee’s family responsibilities as long as the employer is applying their policies in accordance with the Act.

This law ensures protection for workers with caregiving responsibilities, while still allowing employers to maintain standard workplace policies.

Reproductive Health Decisions

Starting January 1, 2025, HB 4867 will make it illegal for employers in Illinois to discriminate against employees due to actual or perceived choices related to reproductive health. This law ensures that employees cannot face discrimination based on these personal health decisions.

*  Non-Discrimination: 

• Employers are prohibited from discriminating against employees based on their reproductive health decisions.

*  Reproductive Health Decisions Defined: The law covers decisions related to:

• Contraception use
• Fertility or sterilization care
• Assisted reproductive technologies
• Miscarriage management care
• Healthcare related to pregnancy continuation or termination
• Prenatal, intranatal, or postnatal care

Time to File Complaint and Penalties

Effective January 1, 2025, the following changes will take place in Illinois regarding employment discrimination, harassment, or retaliation:

*  Extended Filing Period: Complainants will have three years (instead of 300 days) from the date of the alleged civil rights violation to file a charge with the Illinois Department of Human Rights.

*  Civil Penalty for Violations: A civil penalty will be introduced for each instance of a violation in pattern and practice cases.