Intro to Illinois Labor Laws

Illinois will now require employers with 51 or more employees to provide up to 40 hours of paid leave for employees who serve on a military funeral honors detail. This new leave is in addition to any other paid leave an employer may offer. To be eligible, an employee must have worked for the same employer for at least 12 months and for a minimum of 1,250 hours in the previous year. The leave can be used for up to 8 hours per month, with a maximum of 40 hours per year. Employers should review and revise their leave policies to ensure compliance with these requirements.

Starting January 1, 2025, Illinois employers with 15 or more employees must include pay ranges and benefits in all job postings for roles based in Illinois or reporting to an Illinois office or manager. Additionally, employers must notify current employees of promotion opportunities within 14 days of any external job posting and maintain records of job posting information for five years. Failure to comply with the requirements could result in fines. To prepare, employers should review current job postings, policies, and procedures with legal counsel to ensure compliance.

The Illinois state legislature has amended the Personnel Records Review Act to include new employer obligations when receiving personnel record requests. Effective January 1, 2025, employers will be required to provide a broader range of personnel documents, including but not limited to employment-related agreements; employee handbooks; written employer policies and procedures; and personnel documents used in determining an employee’s qualifications for employment, promotion, and benefits. The amended law also requires that requests for records be submitted in writing and must follow a certain set of guidelines. Employers should review and update their current procedures to ensure compliance.

Starting this summer, Illinois is granting the Department of Labor enhanced authority to enforce wage payment orders directly against employers, bypassing the need to petition a circuit court.. The new bill, SB 2164, applies to businesses that have been ordered by the Department of Labor to pay owed wages to an employee.

Starting January 1, 2025, Illinois employers using E-Verify must follow new rules under the state’s Right to Privacy in the Workplace Act. Employers cannot require additional employment verification beyond federal law, and they must notify employees within strict time frames if any discrepancies in work authorization are found. Employers also need to inform employees of any Form I-9 inspections and allow them to have representation in work authorization discussions. Non-compliance can be subject to fines for each violation. Illinois employers should review and update their E-Verify process to ensure compliance.

On August 9, 2024, Governor Pritzker agreed to amend the Day and Temporary Labor Services Act (DTLSA) to impose additional compliance requirements. The changes include new notice and paperwork obligations, notice requirements related to labor disputes, and revised standards for pay and benefits. Employers that use temporary labor service agencies should review their staffing agency contracts and update relevant policies and practices to comply with the amendments.