Top Ten New Employment Law Tips in Illinois For Your Business

Governor Pritzker made significant changes to employment laws in Illinois. All amendments are effective January 1, 2020, except the amendments to the Equal Pay Act. In order to be compliant with these new laws, here are some key aspects to consider:

1) Illinois Equal Pay Act: Employers are now prohibited from asking applicants about their previous jobs’ wages, salary, benefits, or other compensation. However, employees cannot be barred from discussing wages/benefits.

2) llinois Human Rights Act: The definition of “Employer” has been reduced from 15 employees to 1 or more. This reduction suggests more employers and business will be subject to the IHRA.

3) llinois Human Rights Act: Liability: Employers may be liable if they become aware of unlawful conduct and fail to take action.

4) llinois Human Rights Act: Sexual Harassment Prevention: Every employer with employees working in Illinois must annually conduct sexual harassment prevention training. Employers can use a free model program created by the Illinois Department of Human Rights, or create their own policy that models this program.

5) llinois Human Rights Act: Sexual Harassment Prevention for Restaurants and Bars: Restaurants and bars will be subject to additional requirements regarding sexual harassment prevention. Restaurants and bars will be required to provide employees with a written sexual harassment policy within their first calendar week of employment - the policy must be in English and Spanish. The policy must include: the definition of sexual harassment, an explanation of how an employee can report and/or make a complaint, confidential or otherwise, regarding sexual harassment, directions on how to contact the IDHR or U.S. Equal Employment Opportunity Commission, a prohibition on retaliation for reporting sexual harassment, and a requirement for employees to participate in sexual harassment prevention training.

6) Workplace Transparency Act: Prevents employers from inserting certain pro-employer provisions into employment agreements.

7) Family Medical Leave Act (“FMLA”): Employers cannot require employees to exhaust paid leave before using FMLA.

8) Cannabis Regulation and Tax Act: Recreational use of cannabis is now permitted. Employers are permitted to adopt and enforce reasonable, nondiscriminatory, zero tolerance and drug-free workplace policies. Adverse action cannot be taken against an employee based on cannabis use outside the workplace, but employers can take adverse action based on cannabis use while working, as long as the employee is given the opportunity to contest any such determination.

9) llinois Minimum Wage Law: Minimum wage increases to $9.25 per hour beginning January 1, 2020, and then increases again to $10.00 per hour from July 1, 2020, through December 31, 2020.

10) Fair Labor Standards Act Salary Exemption Increase: The current Fair Labor Standards Act salaried exemption will be increasing from $455.00 per week to $684.00 per week beginning January 1, 2020.

If you have any questions regarding these changes, do not hesitate to contact Lance Ziebell at lziebell@lavellelaw.com to schedule an appointment.