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Beginning January 1, 2025, several changes to Illinois’ employment laws are set to take effect. As employment law in Illinois continues to evolve, it is crucial for employers to stay informed and proactive in adapting to new regulations and legal standards. This summary is designed to provide a brief overview of recent changes in employment law that may impact your business operations, workforce management, and compliance obligations. If you have any questions as to how these changes may affect you or your business, please contact the Attorneys at Reno & Zahm LLP.
Illinois Human Rights Act
The Illinois Human Rights Act (IHRA) has several new changes coming January 1, 2025. The first of these is the deadline for employees to file charges of discrimination with the Illinois Department of Human Rights is extended from 300 days to 365 days. Additionally, the IHRA has expanded the definitions of some of its prohibitions on certain forms of discrimination, including discrimination by employers for an employee’s reproductive health decisions and family responsibilities.
Illinois Equal Pay Act of 2003
An amendment to the Illinois Equal Pay Act of 2003 requires employers with 15 or more employees to include “pay scale and benefits” information in every job posting. “Pay scale and benefits” is defined within the statute and includes numerous pieces of information employers will be required to include in its job postings. If a position is posted externally, employers must “announce, post, or otherwise make known all opportunities for promotion to all current employees no later than 14 calendar days” after making the post.
Illinois Personnel Records Access Law
The amendment to the Illinois Personnel Record Review Act (IPRRA) expand the types of personnel records that must be produced to employees and revises the procedures for requesting and obtaining the records. The required scope of an employer’s response to an employee’s request for personnel records has been greatly expanded to include additional categories of documents. The amendment also includes requirements on employees when making personnel records requests, such as putting the request in writing and that requests be made in reasonable intervals.
Illinois Wage Payment and Collection Act
The Illinois Wage Payment and Collection Act has been amended to require employers to provide an employee with copies of his/her pay stubs within 21 calendar days of the request (up to twice in any 12-month period, including during the 12-month period following their separation from employment).
Employers who furnish electronic pay stubs, but not in a manner that allows former employees to access their pay stubs for “at least a full year after separation,” must offer in writing to provide outgoing employees a record of their pay stubs for the year preceding their separation from employment by no later than the end of their final pay period. Employers must also maintain pay stubs for at least three years following the pay stub date.
Captive Audience Law
The new Worker Freedom of Speech Act (WFSA) prohibits employers from taking, or threatening to take, adverse action against employees who decline to attend or take part in employer-sponsored meetings about the employer’s religious or political opinions. It should be noted, however, the legality of the WFSA under the 1st Amendment to the U.S. Constitution is currently the subject of active litigation.
Illinois Whistleblower Act
The amendment to the Illinois Whistleblower Act (IWA) adds clarification to the definition of an “employee” and adds a “good faith” requirement for reports of alleged unlawful activity while also expanding protections for alleged whistleblowers.
At Reno & Zahm LLP, we are proud to represent individuals and businesses in Northern Illinois for over 100 years. Our professionals regularly counsel clients on a large variety of employment matters. Contact us today at (815) 987-4050 to schedule a consultation.
This posting is for informational purposes only and is not intended to be legal advice. As the facts and circumstance of each employer are unique, the information provide herein should not be used or relied upon without first consulting a lawyer.