Illinois Workplace Compliance
News & Resources

Who: Chicago employers

When: Effective July 1, 2024

The Chicago Paid Leave and Sick and Safe Leave Ordinance will go into effect on July 1, 2024. All companies with one or more employees must comply with the law. Employees that qualify are those that work at least 80 hours in a 120-day period within the geographical boundaries of Chicago. Covered employees include those that work from home in Chicago.

Employees accrue one hour of paid leave and one hour of paid sick leave for every 35 hours worked in a 12-month period, up to a total of 40 hours of each type of leave. Employees can use paid leave for any reason and can take sick leave to care for themselves or a family member in cases of illness, injury medical care, or medical treatment. They may also take sick leave in cases of public health emergencies and to deal with and recover from sexual or domestic violence. The final rules pertaining to the law state that the employer may restrict use of leave to the employee’s regular work week and therefore prevent use during mandatory overtime or on weekends.

Employees can carry over up to 80 hours of paid sick leave and up to 16 hours of paid leave to the next 12-month period. The final rules state that the employer may choose the 12-month period, but it must be consecutive months, such as the employee’s anniversary year or a calendar year. There is the possibility of carrying over more leave if the employee is prevented from using their leave as requested.

Employees begin accruing leave on the first day of employment and can start using sick leave within 30 days of employment and paid leave within 90 days of employment. Instead of accruing time, employers can choose to frontload 40 hours of paid leave and 40 hours of sick leave on the first day of the 12-month period. Frontloading paid leave can satisfy the paid leave carryover obligation under this law, but will not satisfy the sick leave carryover obligation. The minimum increment of leave employers can require employees to use may not exceed two hours for sick leave and or four hours for regular leave.

Employers may require employees to give advance notice, not to exceed seven days, and to obtain pre-approval for regular leave. They may not deny leave unless it is based on reasonable, pre-established rationale and must give written notice to the employee explaining such rationale. If the need to take sick leave is foreseeable, the employer may require notice, but not more than seven days. Employers cannot request documentation for regular leave, but they can request documentation after the third day of an employee using sick leave.

Employers do not need to pay out sick leave upon separation. Whether the employer needs to pay out regular leave upon separation depends on the size of the employer. If it has 50 or fewer employees, no payout is required. For those with 51 to 100 employees, they must pay out up to 16 hours until July 1, 2025, and up to 56 hours after that (or 40 hours if frontloaded). For those with more than 100 employees, they must pay out up to 56 hours (or 40 hours if frontloaded). If an employer combines this leave with PTO/vacation time, they have to pay out all accrued leave.

If the employer has a more generous leave policy, they must still comply with all other provisions of the Ordinance.

If an employer changes the policy, they must provide five days’ notice. If it’s a change that will affect the final payout, they must provide 14 days’ notice. The law specifies which types of information must be collected for recordkeeping.

Employers must post the City-created notice in the manner in which they usually communicate such information. They must provide notice to new hires before their first day of employment or with their first pay stub, plus provide written notice of their paid leave and paid sick leave policies on the first day of employment. Employers must notify employees annually of the policy by paper or electronic means within 30 days of July 1. Either on pay stubs or via an electronic system, employees must be notified of the amount of leave they have available.

How:

• Review your existing paid leave policies and update them to comply with the law.
• Create systems to provide the required notices.
• Post the Chicago Illinois Paid Leave and Paid Sick Leave Poster.

Additional Resources:

December 13, 2023, Amendment

Chicago Paid Leave and Paid Sick and Safe Leave Final Rules

Updated Paid Leave and Paid Sick and Safe Leave Ordinance Information

Paid Leave and Paid Sick Leave

Overview: Chicago Paid Leave and Paid Sick and Safe Leave Ordinance

Chicago Illinois Paid Leave and Paid Sick Leave Poster English

Chicago Illinois Paid Leave and Paid Sick Leave Poster Spanish

Who: Illinois employers

When: Effective immediately

On April 30, 2024, the Illinois Department of Labor published final regulations pertaining to the Illinois Paid Leave for All Workers Act. Effective January 1, 2024, the Act requires most Illinois employers to give employees 40 hours of paid leave per year that employees can use for any purpose. The final regulations clarify several aspects of the Act.

The final rule affirms that employers must pay employees their regular hourly rate of pay when they take the leave. For employees who receive tips or commissions as part of their compensation, the rate of pay is either the higher of the full minimum wage in the jurisdiction where the employee is employed or the agreed-upon hourly rate.

Employers are exempt from the law if they have existing policies that provide the minimum amount of paid leave per the Act, and that leave can be used for any reason. An employer may choose to maintain two paid leave policies: a pre-existing PTO policy for a portion of its workforce and a statutorily required PTO policy for those employees not covered by the pre-existing policy. A policy that requires advance notice and manager pre-approval complies as long as the employee can take the leave for any reason.

The final rule clarifies that the requirement to accrue leave on a fractional basis does not mean the employer has to round work periods of less than 15 minutes up to 15 minutes. Instead, “work periods must be counted on a minute-by-minute basis or may be rounded up to the next 15 minutes.”

Employers can set a 40-hour carryover cap on paid leave from one 12-month period to the next. Employers may provide frontload leave for some employees and accrue the leave for other employees.

For those employers that frontload leave, they can reduce the frontloaded amount for a part-time employee pro rata based on the employee’s anticipated work schedule for that year. In addition, they can reduce the frontloaded amount for mid-year hires at pro rata based on the employee’s anticipated work schedule for that year.

The final rule clarifies that an employer may deny a request for paid leave if they meet these conditions:

1. The employer provides their policy for considering leave requests in writing;
2. The employer’s paid leave policy establishes certain limited circumstances under which the employer may deny paid leave requests in order to meet the employer’s operational needs for the requested time period;
3. The employer applies the policy consistently to similarly situated employees; and
4. The employer does not effectively deny an employee adequate opportunity to use all paid leave time they are entitled to over a 12-month period.

The final regulations create several new notice obligations for employers:

• Notice that the employer is going to substitute a pre-existing PTO policy to comply with the law—must be given within 30 days after the start of employment or of the effective date of the policy;
• Notice that the employer chooses to frontload paid leave in lieu of accrual, informing the employee how many hours will be frontloaded—must be given on or before the first day of initial employment or on or before the first day of the initial 12-month period;
• Notice of changes to the paid leave policy—must be given as soon as practicable;
• Notice of a switch from frontloading to accrual—must be given at least 30 days prior to the end of the 12-month period; and
• Notice of change to the amount of frontloaded leave that will be provided, informing the employee of how many paid leave hours that employee is receiving—must be given on or before the initial 12-month period.

How:

• Review and update your paid leave policies and practices to comply with the law.
• Post the required Paid Leave for All Workers Act notice.
• Ensure your recordkeeping procedures comply with the law.
• Consult with legal counsel to ensure compliance.

Additional Resources:

Rules

Paid Leave for All Workers Act Notice

Paid Leave for All Workers Act

Paid Leave for All Workers Act FAQ

Who: Illinois employers

When: Effective January 1, 2024

On March 13, 2023, Governor J.B Pritzker signed SB 208 (the “Paid Leave for All Workers Act” (PLAWA)) into law, effective January 1, 2024. Under the law, Illinois private employers and state and local governments must provide 40 hours of paid leave per 12-month period, which employees can take for any reason starting 90 days after January 1, 2024, or 90 days after their start date. Employers can set a minimum increment for taking leave of no less than two hours. Leave must be paid at the employee’s regular hourly rate.

The City of Chicago and Cook County have their own paid sick leave law and are exempt from PLAWA. School Districts organized under the School Code and park districts organized under the Park District Code are also exempt from this law.

Employers can choose to frontload 40 hours or accrue one hour of leave for every 40 hours worked. Employers who frontload do not have to roll over unused sick time to the following year, but employers that accrue the leave must roll over unused leave.

Employers may require up to seven calendar days’ notice before taking leave, or as soon as is practicable. If they do, they must notify employees in writing how to provide notice. Employers cannot require a reason for or documentation of the need to take leave, or require the employee to find someone to cover their hours.

Employers do not have to pay unused leave upon separation from employment unless they have banked the paid leave to an employee’s paid time off or vacation banks.

Employers must post a notice of employee rights in the workplace or in the employee handbook. The Illinois Department of Labor will provide the notice. They have also released an FAQ document.

Employers must keep records of hours worked, paid leave accrued and taken, and paid leave balance for three years. They must communicate to employees the balance of their accrued, unused leave upon request. If the employer rehires an employee within 12 months, they must reinstate the employee’s unused leave.

The law contains an anti-retaliation provision. Violating the posting requirements means a fine of $500 for the first violation and $1,000 for each subsequent violation. Other violations are subject to damages in the form of payment for leave not given, compensatory damages, a penalty of $500 to $1,000, plus reasonable attorney’s fees and expert witness fees—payable to the aggrieved employee. Employers are also subject to a $2,500 civil penalty for each offense, which will be deposited into the Paid Leave for All Workers Fund.

How:

• Monitor the Illinois Department of Labor website for the release of a poster.
• Review and update your paid leave policies and practices to comply with the law.
• Train HR personnel, managers, and supervisors on the law.

Additional Resources:

SB 208

820 ILCS 192/Paid Leave for All Workers Act.

Paid Leave for All Workers Act

Paid Leave for All Workers Act FAQ

Who: Chicago, Illinois employers

When: Delayed until July 1, 2024

The Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance on November 9, 2023. The Ordinance was set to go into effect on December 31, 2023, but the Chicago City Council delayed the effective date until July 1, 2024. The effective date of the private right of action was delayed until July 1, 2025.

The law replaces the Chicago Paid Sick Leave Ordinance. Chicago employers must provide 40 hours of paid time off (PTO)—which an employee can use for any reason—plus 40 hours of paid sick leave (PSL). Employers must begin accruing the benefits on July 1, 2024, or the hire date, whichever is later.

Employees who work at least two hours for an employer in Chicago in a two-week period qualify for the leave. The leave must be paid at the same rate that the employee regularly earns.

Employers can request up to seven days’ advance notice and exercise the right to give “reasonable approval” for the use of PTO and PSL. Use of PSL may be unforeseeable. Employers may require documentation.

Employees may take paid sick leave after completing 30 days of employment and paid leave after completing 90 days of employment.

Employers can frontload 80 hours or accrue one hour for every 35 hours worked. They must accrue one hour of sick leave on a covered employee’s first day of employment. There is no annual accrual cap. Employees can carry over up to 16 hours of paid time off and up to 80 hours of paid sick leave at the end of the 12-month accrual period. The 12-month period starts from the day the employee begins to accrue leave.

Employers with 51 to 100 employees must pay out at least 16 hours of the earned, unused paid time off at separation or transfer outside the City of Chicago. Employers with 100 or more employees must pay out all earned, unused paid time off. Employers with fewer than 51 employees do not have to pay out any unused paid time off. No employer has to pay out earned, unused paid sick leave.

Employers must have a written paid leave and paid sick leave policy that explains the rates of accrual and the employer’s notification requirements. They must provide the policy to employees upon hire and at least five calendar days before making a change to the policy. Employers must post a notice explaining employees’ rights under the ordinance and provide such a notice with the employee’s first paycheck and annually with a paycheck issued within 30 days of July 1. Employers must also provide notice of each employee’s paid leave and paid sick leave balances with each paycheck or via an online system.

Violators are subject to fines from $500 to $3,000 per offense. Notice provisions are subject to fines on a per-day basis. Employers are also liable for damages of three time the amount of leave denied or lost, plus interest and reasonable attorney’s fees. The same applies to employees that bring a civil suit.

How:

• Monitor the City of Chicago website for a new poster.
• Monitor for the release of the Chicago proposed rules and FAQs.
• Review and update your paid leave and paid sick leave policies to comply with the law.
• Work with your payroll provider to ensure you will meet the paystub reporting requirements.

Additional Resources:

Paid Leave Ordinance (November 9, 2023)

Amended Paid Leave Ordinance (December 13, 2023)

Chicago Office of Labor Standards

Chicago Paid Sick Leave

Chicago Business Affairs and Consumer Protection

Who:

• Illinois employers with 50 or more full-time employees for CEBLA
• Illinois employers with 1 or more employees for VESSA

When: Effective January 1, 2024

Governor J.B. Pritzker signed SB 2034 into law on August 4, 2023, effective January 1, 2024, which extends unpaid leave time for loss of a child due to homicide or suicide. The law amends what was formerly known as the Child Extended Bereavement Leave Act (CEBLA) and is now known as the Family Bereavement Leave Act (FBLA). The definition of “child” includes biological child, adopted child, foster child, stepchild, a legal ward, and a child of someone serving in loco parentis.

Employees that work for employers with 50 to 249 full-time employees can take unpaid protected leave of up to six weeks when they lose a child due to homicide or suicide. Employees of employers with 250 or more full-time employees can take up to 12 weeks of unpaid leave for those reasons. Full-time employees who have worked for their employer for at least two weeks are eligible to take the leave.

Employees must take CEBLA leave within one year of notifying their employer of the death. They can take leave in a single continuous period or intermittently in increments of no less than four hours. Employees who take CEBLA leave cannot take additional unpaid leave under FBLA for the same loss. Employers may request reasonable notice when an employee intends to take the leave unless such notice would be unreasonable or impracticable. Employers may require documentation of the death and the cause of death.

The leave is protected, meaning the employee is entitled to their job or one with equivalent pay, benefits, and responsibilities upon their return from bereavement leave. This leave does not extend leave available under the federal Family and Medical Leave Act. Employees may choose to substitute any paid or unpaid leave for an equivalent period of bereavement leave.

Governor J.B. Pritzker also signed HB 2493 into law, which amends the Illinois Victims’ Economic Security and Safety Act (VESSA). He signed the amendment on July 28, 2023, effective January 1, 2024. Under the amended law, employees may take up to 10 days of unpaid leave when a family member dies due to a violent crime. They may take leave to attend the funeral, funeral alternative, or wake; make arrangements necessitated by the death; and grieve the death of the one who died.

If the employer has 1 to 14 employees, employees are eligible for four workweeks of leave. If the employer has 15 to 49 employees, employees are eligible for eight workweeks of leave. If the employer has 50 or more employees, employees are eligible for 12 workweeks of leave.

The employee has to take the unpaid leave within 60 days of receipt of notice of the family member’s death. The employer may require the employee to submit a certificate of the death. VESSA leave is in addition to FBLA leave.

Employees may take additional bereavement leave under VESSA during a given 12-month period, up to the limit, which depends on the size of the employer.

How:

• Update your bereavement policies to comply with the laws.
• Monitor for the updated VESSA poster and post in the workplace.

Additional Resources:

SB2034

HB 2493

Family Bereavement Leave Act Website

Child Bereavement Leave Act

Victims’ Economic Security and Safety Act (VESSA)

Who: Illinois employers

When: Effective immediately

Governor J.B. Pritzker signed HB 2493 into law on July 28, 2023, effective immediately. The law amends the Illinois Victims’ Economic Security and Safety Act (VESSA) to include unpaid leave for employees who have lost a family member due to a violent crime. Employees may take up 10 work days of leave and take it within 60 days after the employee receives notice of the death. If an employee is entitled to leave under the Illinois Family Bereavement Leave Act (FBLA), the new VESSA rules do not allow the employee to take bereavement leave that exceeds or is in addition to FBLA leave.

Employees are allowed to use the leave to:

• Attend the funeral or other service of/for a family or household member;
• Make arrangements for the funeral; and
• Grieve the death of a family member.

To request the leave, employees need to provide the:

• Death certificate;
• Published obituary; and
• Written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency that documents the cause of death was a crime of violence.

How:

• Monitor for an update to the Victims’ Economic Security and Safety Act (VESSA) poster.
• Update your policies to comply with the law.

Additional Resources:

HB 2493

Victims’ Economic Security and Safety Act (VESSA) Website

Who: Evanston, Illinois covered employers

When: Effective immediately

On May 23, 2023, the city of Evanston, Illinois enacted a Fair Workweek Ordinance that requires employers to provide employee schedule predictability and notice, along with predictability pay for late changes in a schedule, effective September 1, 2023. Covered employees are all non-exempt employees who work at least two hours in a given week in Evanston. Covered employers are a) those who employ or exercise control over 15 or more employees and b) franchisees with fewer than 100 employees associated with franchisors with more than 30 locations globally AND are in the following industries: building services, healthcare, hospitality, hotels, manufacturing, food service, restaurants, retail, and warehouse services.

Prior to or upon commencement of employment, employers must provide new employees a written, good-faith work schedule estimate for the first 90 days, including average weekly hours, days, and shifts. Employees can ask for modifications and employers must consider the request and respond in writing within three days.

Employers must publish written work schedules for employees at least 14 days before the start of a new work schedule, including the shift and on-call status of all covered employees at that site. They may change the schedule after posting it and before the 14-day period begins without penalty. Employees who accept schedule changes made less than 14 days before the start of the work period must do so in writing.

If the employer changes the work schedule after the posting deadline but more than 24 hours before the changed shift, they must pay the employee one hour of predictability pay at the employee’s regular rate for each modified shift. Modifications are adding hours, reducing hours, or changing the date or time of the shift. Penalty pay applies even if there is no overall loss of hours.

If the employer gives less than 24 hours’ notice and the reduces or cancels a shift, they must pay four hours of predictability pay or the number of hours by which the shift was reduced or cancelled, whichever is less. For all other changes made with less than 24 hours’ notice, the employer must pay one hour of predictability pay.

No predictability pay is required when:

• An employee makes a written schedule change request;
• Employees mutually agree to schedule changes or to cover each other’s shifts;
• The employee receives fewer hours because they violated the law or the employer’s policies;
• The employer’s operations are compromised pursuant to law or force majeure; or
• When an employee self-schedules.

Employers must offer additional hours to qualified part-time employees (up to 35 hours worked in a week) before hiring contractors or temporary workers. If the additional work is expected to last more than two weeks, the part-time employee has 72 hours to accept the additional hours, after which time the employer may hire new employees to work those hours. If the expected duration is two weeks or less, part-time employees have 24 hours to accept the additional hours.

The City Manager’s office will publish an employee notice that gives information about employee rights, which employers must post and give to employees with their first paycheck. Employers must keep all records for at least three years, including good-faith estimates of work schedules, initial posted schedules, changes to initial schedules, employee consent to their work hours, schedule changes, and consent to work additional hours.

Violators are subject to fines of $300 to $500 per violation, and each day is a separate violation. Retaliation against an employee for exercising their rights is subject to a $1,000 civil fine plus compensatory damages to the employee if the employee prevails. An aggrieved employee may also file a claim in court within two years of the alleged violation and may be awarded lost compensation, predictability pay, and costs and attorneys’ fees

How:

• Monitor for the release of the employee notice and post it in the workplace.
• Consult with legal counsel to evaluate and update your scheduling policies and practices to comply with the law.
• Train managers on the law.

Additional Resources:

Evanston Fair Workweek Ordinance

Who: Illinois temporary staffing agencies

When: Effective immediately

Business advocacy groups filed a motion for an injunction to prevent HB2862 from becoming effective on August 5, 2023, but U.S. District Court Judge Christine O’Hearn did not issue one. Therefore, the Illinois Temporary Workers’ Bill of Rights is effective immediately. HB2862 amends the Illinois Day and Temporary Labor Services Act.

The law applies to temporary workers other than those “clerical or professional” in nature and requires employers and staffing agencies to provide pay and benefits equal to comparative directly hired employees after 90 days of employment. A comparative employee is one at the same level of seniority who performs the same or substantially similar work under similar working conditions. If there is no such employee, the pay and benefits must be equivalent to the lowest-paid directly hired employee at the closest level of seniority. Employers must share the necessary information with staffing agencies so that they can ensure compliance.

The amended law requires staffing agencies to “inquire about the client company’s safety and health practices and hazards at the actual workplace” where their temporary employees will work, and clients must document and communicate anticipated worksite hazards in response. Agencies have to provide training on recognized industry hazards that could be present at the worksite, including how to report safety concerns and the Illinois Department of Labor safety hotline. They have to give a general description of the training to the client at the start of their contract with that client, which the client must review for relevance and completeness. Clients have to provide training “tailored to the particular hazards at the client company’s worksite” and confirm with the staffing agency that they have provided the training.

Staffing agencies and their clients may not charge workers fees for transportation to and from a worksite. If they transport a worker to the site, they must provide transportation back to the point of hire. Transport vehicles must be properly insured, driven by licensed drivers, and have a seat and seat belt for every passenger.

Staffing agencies must disclose certain information about each job placement, including:

• The nature of the work;
• Wages;
• If the worker needs any special clothing, equipment, or training and whether that will be provided for them;
• The schedule; and
• The duration of the assignment.

When possible, the agencies must provide 48 hours’ notice of a change in the schedule, shift, or location of an assignment. Staffing agencies have to give temporary workers notice when they are placed at a site where there is a strike, lockout, or other labor trouble. The notice must advise the worker that they have the right to refuse the assignment and get a new assignment, without prejudice.

Agencies must maintain detailed placement records for at least six years. Violations are subject to civil fines. The amended law increases penalties for violations and changes by whom the agencies and their clients may be sued. Before, the law allowed an aggrieved employee to bring a civil action. Now, any interested party can file suit against staffing agencies and/or their clients. An interested party who prevails in a civil action will receive 10% of statutory penalties, plus expenses and attorneys’ fees. Civil penalties range from $100 to $18,000 for a first offense and $250 to $7,500 for subsequent offenses.

How:

• Update your policies and procedures as needed to comply with the law.
• Review your safety and job hazards training.
• Review your staffing agency–client company contracts to ensure compliance.

Additional Resources:

Draft Rules

HB2862

New Jersey Staffing Alliance vs. Cari Fais Ruling

Who: Illinois employers

When: Effective immediately

The Illinois Department of Labor (IDOL) amended the Wage Payment and Collection Act (IWPCA), effective April 14, 2023. Section 9.5 of the Illinois Wage Payment and Collection Act (IWPCA) details employees’ comprehensive expense reimbursement protections. Employees are entitled to reimbursement for “necessary expenditures and losses incurred by the employee within the employee’s scope of employment and directly related to services performed for the employer,” with “necessary expenditures” being all reasonable expenditures required of the employee in the discharge of their employment and expenditures made for the primary benefit of the employer.

The amendments contain a five-factor test to help determine if the expense was for the primary benefit of the employer:

1. Whether the employee expects reimbursement;
2. Whether the expense was required or necessary to perform the employee’s job duties;
3. Whether the employer receives a value that it would otherwise have to pay for;
4. For how long of a time period the employer receives value; and
5. Whether the expense is required for the job.

No single factor is determinative; rather, the focus is the extent to which the expense benefits the employer.

In accordance with the amended law, employers must maintain expense reimbursement records for three years, including policies, employee requests, documentation of approval or denial, and documentation that shows reimbursement and supporting documents.

Employees may file a claim with IDOL for an employer’s failure to reimburse covered expenses. The amended law increased the penalty for violation from the amount owed plus 2% of that amount to the amount owed plus 5% of that amount times the number of months the amount was unpaid.

How:

• Review your policies for expense reimbursement and record retention and your procedure for submission of requests for expense reimbursement and update them as needed to comply with the law.
• Work with legal counsel to ensure compliance.

Additional Resources:

Amended Rules Section 300.540 Reimbursement of Expenses

Section 9.5 of the Illinois Wage Payment and Collection Act

2023 Illinois Register Rules of Government Agencies

Who: Chicago, Illinois employers

When: By June 30, 2023

In April 2022, Chicago amended its Human Rights Ordinance 2022-665 to strengthen protections against sexual harassment. The amendments included revised definitions of sexual harassment and sexual orientation, new training and policy requirements, and increased penalties for violations.

Employers must provide annual sexual harassment prevention training, and the first training must be given by June 30, 2023. All employees must receive one hour of sexual harassment prevention training and one hour of bystander intervention training. Supervisors and managers must receive an additional hour (a total of two hours) of sexual harassment prevention training and one hour of bystander intervention training.

Employers can use the State of Illinois model program to give the all-employee one hour of sexual prevention training, or they may use their own if it meets the standards. The City of Chicago will provide model templates and materials for supervisor and bystander training. Employers must retain records of the training for five years. For additional requirements see the Chicago Commission on Human Relations Sexual Harassment website.

How:

• Provide the required training to all employees and supervisors by June 30, 2023.
• Post the required Sexual Harassment Poster.
• Ensure your anti-discrimination, harassment, and retaliation policies comply with the law.

Additional Resources:

Ordinance 2022-665

Chicago Sexual Harassment Training Materials

Chicago Sexual Harassment Website

Enhancements to Chicago’s Sexual Harassment Laws

State of Illinois Model Sexual Harassment Prevention Training Program

Who: Illinois employers

When: Effective immediately

On February 2, 2023, the Illinois Supreme Court reversed the Appellate Court’s decision on Tims v. Blackhorse Carriers, Inc. The Appellate Court’s decision applied two different statutes of limitation (a five-year and a one-year) to the BIPA depending on the nature of the claim.

The Supreme Court ruled that a uniform five-year statute of limitations applies to all BIPA claims. The Supreme Court provided the following reasoning for this decision:

• The BIPA should be governed by one uniform statute of limitations.
• The plain language of the BIPA and the legislature’s intent encourage a five-year statute of limitations.
• The BIPA does not provide a statute of limitations.
• The biometric policy concerns articulated by the General Assembly within the BIPA preamble language align with a longer limitations period.

How:

• Review your policies and procedures to ensure compliance with BIPA.
• Provide a BIPA notice to employees.

Additional Resources:

740 ILCS 14/) Biometric Information Privacy Act

Tims v. Blackhorse Carriers, Inc.

Illinois Code of Civil Procedure under section 13-205

Who: Illinois private employers with 100 or more employees

When: Effective immediately

Illinois published final regulations enacting amendments to the state’s Equal Pay Act, which became effective on December 22, 2022. All private employers with 100 or more employees (including remote employees outside of Illinois) are now required to obtain an equal pay registration certificate from the Illinois Department of Labor (IDOL).

The Illinois Department of Labor will determine the application date for each employer and assign a deadline for submitting the application. Deadlines will be from March 24, 2022, through March 23, 2024.

Each employer must submit the total hours worked by each employee during the payroll year, which the agency will use to evaluate pay equity between employees. They must also certify that they are in compliance with equal pay and related laws. Employers will need to recertify every two years.

The final regulations clarify definitions of employee, wage records, average compensation, and compliance. The regulations also clarify enrollment requirements, filing date assignments, and how they will handle incomplete applications and employee data requests.

How:

• Make sure the Illinois Department of Labor has your current contact information here.
• Watch for notification from the IDOL regarding your application deadline.
• Review and assess your pay equity practices.
• Consider consulting with legal counsel regarding the applicability of the law to your organization and your compliance with it.

Additional Resources:

Final Regulations Adopted

Illinois Department of Labor

Illinois Department of Labor Equal Pay Registration Certificate (EPRC) – FAQS

Equal Pay Act Registration Certificate (EPARC)

Who: Illinois employers

When: Effective January 1, 2023

On May 13, 2022, Governor J.B. Pritzker signed SB 3146 into law, effective January 1, 2023. The law amends the One Day Rest in Seven Act (ODRISA) to include an additional meal period, day of rest, and notice requirements. Employees working under a collective bargaining agreement are not covered under the amended law.

The definition of the 24 consecutive hours of rest period has changed to mean at least 24 consecutive hours of rest in every consecutive seven-day period. Prior to this change, it was defined as 24 consecutive hours of rest in a every calendar week. The amendment imposes an additional requirement for an additional 20-minute meal period for every 4.5 hours worked in excess of 7.5 hours. Under the Fair Labor Standards Act, unpaid meal periods must be at least 30 minutes long and employees must be relieved of all work duties during the period.

The Illinois Department of Labor will release an updated Your Rights Under Illinois Employment Laws employee notice that explains the requirements of the One Day Rest In Seven Act (ODRISA), which employers must post in the workplace. Employers with remote employees must post the notice on the company website or email it to the employees.

For employers with fewer than 25 employees, the penalty for violation of the law is up to $250 for each offense. For employers with 25 or more employees, the penalty is up to $500 for each offense.

How:

• Monitor for the Illinois Department of Labor to publish the required Your Rights Under Illinois Employment Laws employee notice and post it in the workplace.
• Review your scheduling and meal policies and update them as needed to comply with the law.
• Train managers and supervisors about the requirements of the amended law.

Additional Resources:

SB 3146

Illinois Department of Labor

Who: Public and private Illinois employers with 50 or more employees

When: Effective January 1, 2023

Governor J.B. Pritzker signed SB 3120 into law on June 9, 2022, which goes into effect on January 1, 2023. It is known as the Family Bereavement Leave Act, and it amends the Child Bereavement Leave Act. It applies to employers with 50 or more employees and those employees who have worked 1,250 hours for the employer in the prior 12 months.

Covered employers must provide up to 10 days of unpaid bereavement leave for any of the covered reasons:

• Miscarriage;
• Stillbirth;
• Failed adoption or surrogacy agreement;
• A diagnosis that negatively impacts pregnancy or fertility;
• Unsuccessful intrauterine insemination;
• Unsuccessful assisted reproductive technology procedure;
• Making arrangements for a family member’s funeral;
• Attending a funeral; or
• Grieving the loss of a family member.

The law also expands the definition of covered family members to include the employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

The employee must give the employer 48 hours’ notice of intention to take the leave except when it is not practicable or reasonable. Leave must be completed within 60 days of the event or notice of the death. In the event of multiple qualifying reasons in a 12-month period, employees may take up to six weeks total of bereavement leave in that 12-month period. Employers may request reasonable documentation to justify the leave.

The fine for employer retaliation against employees for exercising their right to take the leave is $500 per employee for the first offense and up to $1,000 per employee per additional offense. The Illinois Department of Labor will issue additional guidance on the law.

How:

• Review your bereavement leave policies and update them as needed to comply with the law.
• Monitor the Illinois Department of Labor for additional guidance.

Additional Resources:

SB 3120

Illinois Department of Labor

Who: Illinois employers

When: Effective January 1, 2023

Governor J.B. Pritzker signed the CROWN Act into law on June 29, 2022, which goes into effect on January 1, 2023. CROWN stands for “Create a Respectful and Open Workplace for Natural Hair.“

The law amends the Illinois Human Rights Act (IHRA) to include “traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists” in the definition of race and prohibits discrimination on that basis.

How:

• Update your employee handbooks to comply with the law, including, but not limited to, dress codes, equal employment policies, and anti-discrimination policies.
• Train HR personnel, managers, and supervisors on the new law.

Additional Resources:

SB 3616

Who: Illinois private employers with 100 or more employees

When: Effective immediately

What: The Illinois Department of Labor (IDOL) published additional guidance on the requirement for covered employers to obtain an Equal Pay Registration Certificate (EPRC). The FAQs help employers clarify the requirements of the EPRC and resolve outstanding questions.

To determine number of employees for this purpose, employers should count the total number of employees who worked in or were based out of Illinois on December 31 of the 12-month calendar year immediately prior to the year the business is required to submit an EPRC application. Employers should include all employees based in Illinois in the total employee count, even if those employees work remotely. An employer with multiple locations should include only the employees whose base location is Illinois.

IDOL will assign an EPRC due date in the timeframe of March 24, 2022, to March 23, 2024, and notify the employer of that date with a 120-day advance notice.

“Wages” is defined as compensation paid, including wages, salaries, earned commissions, earned bonuses, stocks, and ownership shares

Private employers with more than 100 employees must provide the Equal Pay Registration Certificate by the March 24, 2024, deadline and provide it every two years thereafter. Failure to comply or falsification of information is subject to a fine up to $10,000.

If employer-submitted data demonstrates unequal pay practices as it applies to gender or African-American employees, IDOL may investigate further.

Employees of covered employers may request anonymized data for their job classification or title, including pay data.

The Illinois Department of Labor has provided additional guidance documents for employers on their website, including training materials, a compliance certificate template, an equal pay registration certificate flow chart, and an equal pay registration certificate template.

How:

• Audit your pay practices to ensure compliance with the Act.

Additional Resources:

Equal Pay Registration Certificate (EPRC) – FAQS

Equal Pay Registration Certificate (EPRC)

Equal Pay Act of 2003

Who: Chicago employers

When: Effective July 1, 2022

What: Chicago Mayor Lori Lightfoot and the Chicago Commission on Human Relations have amended the City’s Human Rights Ordinance to provide more protections against workplace sexual harassment, effective July 1, 2022. The amendments include revised definitions of sexual harassment and sexual orientation, new training and policy requirements, and increased penalties for violations.

The definition of employee has been updated to “an individual who is engaged in work within the geographical boundaries of the City of Chicago for or under the direction and control of another monetary or other valuable consideration.”

The definition of sexual harassment now includes sexual misconduct, which is defined as “any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.” The new definition of sexual orientation is “a person’s actual or perceived sexual and emotional attraction, or lack thereof, to another person.”

Employers are now required to have a written sexual harassment prevention policy, which they must provide to an employee in their primary language in the first calendar week of employment. The written policy must:

• State that sexual harassment is illegal in Chicago;
• Define sexual harassment as stated in the amended Human Rights Ordinance;
• Require all employees to participate in annual sexual harassment prevention training;
• Give examples of prohibited sexual harassment;
• Provide details about how an individual can report alleged sexual harassment;
• Provide details about legal and governmental services available to victims; and
• State that retaliation for reporting sexual harassment is illegal in Chicago.

The Chicago Commission on Human Relations will provide a model policy.

Employers must post the employee notification poster, which the City of Chicago will provide on its website.

Employers are to provide annual training, with the first required trainings due by June 30, 2023. All employees must receive one hour of sexual harassment prevention training and an hour of bystander training. Supervisors and managers must receive an additional hour (for a total of two hours) of sexual harassment prevention training. Employers can use the State of Illinois model program to give the all-employee one hour of sexual prevention training, or they may use their own if it meets the standards. The City of Chicago will provide model templates and materials for supervisor and bystander training. Employers need to retain records of the training for five years.

Victims have 365 days after an alleged event to file a complaint, which has increased from 300 days. The number of days the Commission has to give a copy of the complaint to the alleged perpetrator has increased from 10 to 30 days.

Statutory penalties for violations are now at least $5,000, up to a maximum of $10,000, per offense, per day.

How:

• Post the required poster, which will be provided by the Chicago Commission on Human Relations.
• Create or update your anti-discrimination, harassment, and retaliation policies to ensure compliance with the law.
• Provide anti-discrimination, harassment, and retaliation policies to employees in the first calendar week of employment.
• Provide the required training to all employees and supervisors by June 30, 2023.

Additional Resources:

Chicago Commission on Human Relations

Enhancements to Chicago’s Sexual Harassment Laws

State of Illinois Model Sexual Harassment Prevention Training Program

Who: Illinois employers with 100 or more employees

When: Application deadline is May 25, 2022

What: On January 25, 2022, the Illinois Department of Labor notified the first group of large employers of their May 25, 2022, deadline to apply for an Equal Pay Registration Certificate. The Certificate is required in accordance with 2021 amendments to the Illinois Equal Pay Act of 2003 (IEPA).

All private businesses with 100 or more employees must apply for the Certificate by March 23, 2024. The Illinois Department of Labor will communicate directly with businesses to notify them of their particular deadline. Businesses must apply for the Certificate every two years after.

To apply for the Certificate, employers must submit a $150 filing fee and certain documentation, including:

• Their most recent EEO-1 report;
• A list of employees, with compensation and demographic details as specified by the Illinois Department of Labor; and
• A signed statement asserting compliance with certain state and federal anti-discrimination laws.

Violations of the reporting requirements are punishable by revocation of the Equal Pay Registration Certificate or fines of up to $10,000.

How:

• Ensure you’ve provided your company contact information to the Illinois Department of Labor here.
• Evaluate your compliance with IEPA requirements.
• Monitor for additional guidance to be released by the Illinois Department of Labor.
• Collect information you’ll need to submit to the Illinois Department of Labor.

Additional Resources:

Equal Pay Act Registration Certificate (EPARC)

Illinois Department of Labor

Who: Illinois employers

When: Effective January 1, 2022

What: Illinois Governor Pritzker signed SB 672 (Public Act 102-0358) into law on August 13, 2021. It limits and amends the Illinois Freedom to Work Act and clarifies the circumstances under which employers can enter into covenants not to compete or solicit with their employees. The law is effective on January 1, 2022, and applies to agreements entered into on or after the effective date.

Employers may not enter into a covenant not to compete with an employee unless the employee is expected to earn at least $75,000 per year in 2022. Employers may not enter into a covenant not to solicit with an employee unless the employee is expected to earn at least $45,000 per year in 2022.

The bill stipulates a number of other conditions for full enforceability:

• Employers are required to give employees at least two years of continued employment or other professional or financial consideration as consideration for signing a restrictive covenant.
• The agreement must be ancillary to a valid employment relationship.
• The covenant must be only as extensive as what’s required to protect the legitimate interests of the employer.
• The agreement does not impose undue hardship on the employee.
• The covenant does not harm the public interest.
• Employers must advise employees in writing to consult with an attorney and give employees at least 14 calendar days to review the agreement.

A court may choose to throw out parts of an agreement rather than find the entire agreement unenforceable. If an employee prevails on an employer’s claim to enforce a restrictive covenant against an employee, said employee will be able to recover all costs and reasonable attorney’s fees from the employer, and the court or arbitrator may award other appropriate relief.

How:

• Consult legal counsel to update and revise your policies for entering into non-compete and non-solicitation agreements to ensure compliance with the law.

Additional Resources:

SB0672 (Public Act 102-0358)

Who: Illinois employers

When: Effective January 1, 2022

What: Illinois Governor J.B. Pritzker signed House Bill 3582 on August 20, 2021, which amends the Victims’ Economic Security and Safety Act (VESSA). The Act allows employees to take up to 12 weeks (depending on employer size) of unpaid, job-protected leave in a 12-month period if they or a family or household member are victims of domestic or sexual violence, gender violence, or a crime of violence.

Employees of companies that have 50 or more employees can take up to 12 weeks of leave in a 12-month period. Employees of companies with 15 to 49 employees can take up to 8 weeks of leave in a 12-month period. Employees of companies that have fewer than 15 employees can take up to 4 weeks of leave in a 12-month period.

The amendments, which go into effect on January 1, 2022:

• Expand the definition of family or household member;
• Modify documentation requirements;
• Expand the reasons an employee can request VESSA leave; and
• Impose a confidentiality requirement on employers.

The law broadens the definition of “family or household member.” It now includes:

• Spouses and former spouses;
• Parties to civil unions;
• Persons related by civil union or prior marriage;
• Persons sharing a child;
• Children;
• Grandparents and grandchildren;
• Siblings;
• Other blood relatives; and
• Other persons whose close association with the employee is the equivalent of a family relationship, as determined by the employee.

Under the current law, employers may require employees to submit a sworn statement and certain other documentation. The amended VESSA states that employers may require such documentation only if the employee possesses it. Only under certain circumstances may employers request or require more than one document during the same 12-month leave period. Additionally, employees may choose which document they will submit.

Current law allows employees to seek leave for domestic, sexual, or gender violence. The amended law increases the number of covered acts to include violent crimes as defined by certain sections of the Illinois Criminal Code: homicide, sexual violence, bodily harm, harassing and obscene communications, terrorism, and armed violence.

Lastly, the amended law states that employers must retain employee VESSA information “in the strictest confidence.” The employee must submit a written request or consent in order for any such information to be released.

How:

• Review and update your existing policies and employee handbooks as needed to comply with the law.
• Train HR personnel and managers on the provisions of the amended law.
• Post the Victims’ Economic Security and Safety Act (VESSA) Poster.

Additional Resources:

HB 3582

Victims’ Economic Security and Safety Act (VESSA) Poster

Victims’ Economic Security and Safety Act (VESSA)

Who: Illinois employers and employees

When: Effective immediately

What: On February 9, 2022, Governor J. B. Pritzker announced that the Illinois statewide indoor face mask mandate will come to an end on February 28, 2022. Federal mask requirements will continue for healthcare, long-term care, and congregate care settings, as well as on public transportation.

Private businesses, organizations, and local jurisdictions are permitted to require their own individual masking requirements following the end of the state mandate.

Pending litigation, the state of Illinois intends to continue masking requirements for schools.

How:

• Review your current policies and procedures and update them to comply with the guidance.
• Educate and inform your employees about local mandates and safety protocols.

Additional Resources:

Illinois COVID-19 Response

Illinois Department of Public Health