Attention all Illinois employers – Governor Pritzker recently enacted over 100 new laws. Read below how these new laws may apply to your business.
Effective August 4, 2023, Public Act 103-0437 amended sections of the Day and Temporary Labor Services Act requiring companies to provide equal pay and equivalent benefits to day or temporary laborers assigned to their company for more than 90 calendar days, excluding employment of a professional or clerical nature. The pay and benefits to be provided are based upon the lowest paid directly hired employee with the same level of seniority at the company performing the same work, or the lowest paid directly hired employee of the company with the closest level of seniority. These regulations will apply to any employer that contracts with a day or temporary labor service agency. Violations of these regulations could result in civil penalties of up to $18,000.
Effective January 1, 2024, Public Act 102-1143 enacted the Paid Leave for All Workers Act that requires most Illinois public and private employers to provide all employees with up to 40 hours of paid leave for any reason during a twelve-month period. Leave must accrue at the rate of one hour of paid leave for every 40 hours worked. Current employees are entitled to begin using their accrued paid leave 90 days after the effective date of the law. Employees hired after the effective date are entitled to begin using their accrued time 90 days after their start date. Employers that already offer paid leave benefits meeting the minimum requirements of the Act do not have to add additional time. Each violation of the provisions of this law could result in a civil penalty of $2,500.
Effective January 1, 2025, Public Act 103-0539 amended sections of The Equal Pay Act of 2003 requiring any employer with 15 or more employees to include the pay scale and benefits for a position in any specific job posting, including job postings through third parties. Employers are required to preserve the job posting for each position for not less than 5 years. An employer found to violate these regulations could be subject to increasing fines for each violation up to $10,000.
For more information regarding these new laws or for any assistant with your business, contact Bryan M. Wellner and Thomas J. Bahar.
Bryan M. Wellner bwellner@msclawfirm.com
Thomas J. Bahar tbahar@msclawfirm.com