Salary Transparency — Equal Pay Act
The Illinois Equal Pay Act mandates equal compensation for employees performing the same or substantially similar work, regardless of race or gender. Starting January 1, 2025, employers with 15 or more employees must disclose salary ranges and benefits in job postings for positions performed in Illinois or reporting to an Illinois-based supervisor. These disclosures must include the wage or salary (or range), a general description of benefits, and other forms of compensation like bonuses and stock options. Employers must also announce internal promotional opportunities within 14 days of external postings and maintain records of job postings, pay scales, benefits, and wages for at least five years.
Human Rights Act
The Illinois Human Rights Act prohibits discrimination based on protected classes, including new categories “Family Responsibilities” and “Reproductive Health Decisions,” effective January 1, 2025.
The statute of limitations for filing discrimination complaints is extended from 300 days to two years.
Personnel Records Review Act
Expands the types of documents employees can inspect, including pay stubs and records related to benefits, policies, and agreements. Employers must comply with requests within specified timeframes. Requests must be made to the person responsible for maintaining personnel records and specify the format (electronic or hard copy).
Illinois Wage Payment and Collection Act
Similarly, amendments to the IWPCA require employers to retain pay stubs for at least three years and provide copies within 21 days of a request. Pay stubs must include detailed information such as hours worked, rate of pay, and deductions. Employers must offer separated employees a record of pay stubs for the past year and document this offer.
Whistleblower Act
The Illinois Whistleblower Act will define “retaliatory action” as any adverse employment action that could deter a reasonable worker from reporting illegal activities. Employers are prohibited from retaliating against employees for such disclosures. The amendments also include stricter penalties, allowing aggrieved individuals to recover up to $10,000 in liquidated damages and a $10,000 penalty, in addition to fees and costs.
Worker Freedom of Speech Act
Illinois’s new Worker Freedom of Speech Act bans mandatory employer meetings on religious or political matters, allowing only voluntary attendance without incentives or threats. Employers are prohibited from retaliating against employees for exercising their rights under this Act.
Child Labor Law of 2024
The new Child Labor Law covers minors under 16, specifying allowable work hours and conditions. Minors cannot work more than 18 hours during school weeks or more than 40 hours when school is out. Employers must obtain and maintain employment certificates for minors and ensure they are supervised by an adult. The law also expands prohibited occupations for minors and imposes civil and criminal penalties for violations.
Right to Privacy in the Workplace
Prohibits employers from voluntarily enrolling in the E-Verify program or similar electronic employment verification systems unless required by federal or state law. Illinois employers may use E-Verify systems voluntarily, provided they follow federal requirements.
Non-Competes and Non-Solicitation Provisions
As of January 1, 2025, non-compete and non-solicitation provisions are unenforceable if they hinder veterans or first responders from seeking mental health services. These provisions are also void for construction workers.
Employers should review their policies and ensure they are prepared for these changes.
We encourage you to contact the Labor & Employment attorneys at Thomas Mamer LLP for further guidance.
