Illinois Governor Pritzker signed multiple bills into law that provide employment related rights for employees within the state.
Effective July 1, 2023
Effective January 1, 2024
Effective January 1, 2025
Effective January 1, 2024, Illinois bill HB 3733 makes amends to multiple wage and hour acts, requiring that employers notify employees who do not typically report to a physical workplace via email, by a company website, or by company intranet of the notices required under the following Illinois acts:
In addition to the notice requirements, the bill includes additional amendments below.
Effective January 1, 2024, Illinois bill HB 3733 amends the Illinois Equal Pay Act by:
Effective January 1, 2024, employers must accept requests to email copies of requested records to the employee, instead of mailing requested copies. Employers may charge a fee for the cost of providing the records, but the fee cannot exceed the actual cost of duplicating the record.
Effective January 1, 2024, HB 2493 amends the Victims Economic Security and Safety Act (VESSA) to allow employees to take a total of up to two workweeks (10 workdays) of unpaid leave for specified reasons relating to a family or household member who is killed in a crime of violence. The leave must be completed within 60 days after the date on which the employee receives notice of the death of the victim.
The specified reasons for leave are as follows:
Effective January 1, 2024, SB 2034 will require that employers with 250 or more full-time employees must provide a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide.
Employers with at least 50 but fewer than 250 full-time employees are required to provide a maximum of 6 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide.
The leave may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be completed within one year after the employee notifies the employer of the loss.
Effective January 1, 2024, HB 3516 will require employers with 51 or more employees who have been employed full-time for a period of 6 months to provide up to 10 days of paid time off in any 12-month period to serve as an organ donor or bone marrow donor.
Effective January 1, 2024, HB 2068 creates the Transportation Benefits Program Act (TBPA). The TBPA provides that covered employers must provide a pre-tax commuter benefit to covered employees which must allow employees to use pre-tax dollars to purchase a transit pass on public transit via a payroll deduction, such that the costs for such purchases may be excluded from the employee’s taxable wages and compensation up the maximum amount permitted by federal law.
The TBPA defines a “covered employer” as one with 50 or more covered employees, if the employer is located in a specified geographic area. The geographic area includes all of Cook County, and within one mile of fixed-route transit service in various townships in surrounding counties. The TBPA defines a “covered employee” as a person who performs at least 35 hours of work per week for compensation on a full-time basis. The benefit must become available no later than the first regular pay period after 120 days of employment. Under the Act, “public transit” is either the Chicago Transit Authority or the Regional Transportation Authority.
Effective July 1, 2023, HB 2862 amends the Day and Temporary Labor Services Act retro actively. These amendments apply to both day and temporary labor services organizations and their third-party clients. These are significant changes in the state-mandated protections and rights of day and temporary workers. These include:
The agency still needs to provide further guidance. We will provide additional information to Paylocity clients in PEAK as it is available.
Effective January 1, 2025, Illinois Bill HB 3129 goes into effect, amending the Illinois Equal Pay act. Illinois employers with 15 or more employees must provide the pay scale for a position in any job posting. The bill clarifies that it is permissible for employers to include a publicly accessible hyperlink to the pay scale and benefit information in the job posting. The requirements apply to employers with employees located in Illinois, or remotely reporting to an Illinois based supervisor, office, or other worksite.
The pay scale and benefits includes:
Employers must also notify current employees within 14 days of posting an external job posting for a position that would be an opportunity for promotion.
Employers who fail to comply may be assessed a penalty ranging from $500 to $10,000.
For more information on Illinois wage and payroll tax laws, check out our Illinois Wage and Payroll Tax Facts page.
As the effective dates near, we expect the Illinois Department of Labor to provide more guidance or resources on their website. We will provide any additional updates for Paylocity clients in the Paylocity Knowledge Base, PEAK.
Thank you for choosing Paylocity as your Payroll Tax and HCM partner. This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.
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