Intro to Illinois Labor Laws

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.

Governor Pritzker has signed the Worker Freedom of Speech Act. The new law prevents employers from disciplining, firing, penalizing, or threatening employees for refusing to attend mandatory meetings or refusing to receive or listen to communications, where the employer shares opinions on religious or political topics. Political topics include decisions about joining or supporting any labor organization. The law also prohibits employers from offering incentives, such as rewards or improved employment conditions, to encourage attendance. Employers will be required to post a notice informing employees of their rights under the Act within 30 days after it takes effect. Justworks’ compliance poster service will monitor for any model notices from the state.

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.

The Illinois Human Rights Act (IHRA) has been amended with the recent passage of several bills. Amendments going into effect on January 1, 2025 include an extension of the statute of limitations to file an employment discrimination, harassment, or retaliation charge with the state, protections for employees based on their “family responsibilities”, and discrimination protections for employees based on their reproductive health decisions. In addition, effective January 1, 2026, employers will be prohibited from using AI that has the effect of discriminating against protected classes. Employers must notify employees when AI is used in recruiting, hiring, promotion, discipline, discharge or other employment-related decisions. Given these upcoming changes, employers should review and update any related company policies and practices in consultation with legal counsel. Employers are also encouraged to monitor the Illinois Department of Human Rights website for further guidance.