Employment and Labor Law Update Highlights 2023-2024: Illinois Amendments
This update covers key changes in Illinois laws affecting employment rights, including the Illinois Human Rights Act amendments and the One Day Rest in Seven Act. It discusses protections against discrimination and the new requirements for providing rest and meal breaks to employees. Stay informed to ensure compliance with these important legal updates.
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Employment and Labor Law Update MATTHEW C. SPAIN BOLEN, ROBINSON & ELLIS, LLP WWW.BRELAW.COM
Overview New for 2023 and 2024 : Equal Pay Act Illinois Human Rights Act Freedom to Work Act One Day Rest in Seven Act (ODRISA) Family Bereavement Leave Act Accommodations for Pregnancy and Childbirth (PWFA) Paid Leave for All Workers Act PUMP Act Workplace Transparency Act
Illinois Human Rights Act 775 ILCS 5 Secures freedom from discrimination against any individual because of his or her race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service Covers actual or perceived status Includes protection from sexual harassment in the workplace Enforced by the Illinois Department of Human Rights Private Right of Action
Amendments to the IHRA The CROWN Act, Effective January 1, 2023: expands the definition of race to include traits associated with race, including but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. Does not preclude dress code or policy designed to maintain workplace safety or food sanitation. Employers may not take adverse action based on a criminal conviction, unless the employer: is prohibited by federal or state law from employing someone with certain criminal convictions, such as for many healthcare workers; determines that the conviction is substantially related to the individual s job; or concludes that employing the individual would pose an unreasonable risk to the safety or welfare of employees or the general public.
One Day Rest in Seven Act (ODRISA) 820 ILCS 140 Definition of week amended Employers must provide eligible (non-exempt) employees with at least 24 consecutive hours of rest in every week Previously defined as calendar week - Sunday at 12:01 a.m. through Saturday at midnight Effective January 1, 2023, defined as consecutive seven-day period Example: Employee is scheduled off on Monday Previously, they could be scheduled to work every day through the following Friday, which would be 11 days in a row; Now, they must be scheduled off the following Monday at the latest
ODRISA (contd) Additional Break Time Non-exempt employees must be provided a meal period of at least 20 minutes for every 7.5-hour shift, beginning no later than 5 hours after the start of the shift Effective January 1, 2023, an additional 20-minute meal period must be provided if the employee is working a 12-hour shift or longer ODRISA applies to all employers and employees in Illinois Exceptions may be allowed only upon securing a permit in advance from the IDOL Must be voluntary Enforced by the Illinois Department of Labor Private Right of Action
Pregnant Workers Fairness Act (PWFA) Effective June 27, 2023 Provides reasonable accommodations to worker s that have limitations related to pregnancy, childbirth, or related medical conditions Does not modify or replace laws in existence the prevent discrimination on the basis of those same characteristics in employment decisions Compliments existing protections under IHRA Enforced by U.S. Department of Labor Private Right of Action As of April 28, 2023, additional damages including compensatory and punitive damages are now allowed
Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) Amends the Fair Labor Standards Act (FLSA) Effective December 29, 2022 Private right of action as of April 28, 2023 Requires employers to provide reasonable break time for an employee to express breast milk for a nursing child Up to 1 year after birth of the child Must provide a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion Applies to all employers Small businesses may be excluded if a hardship can be shown Remedies and enforcement are the same as PWFA
Workplace Transparency Act 820 ILCS 96 Amended previously to prohibit confidentiality provisions in settlement agreements of certain claims Discrimination, harassment, or sexual assault in the workplace Does not apply to monetary amount of settlement Applies to prospective, current, and former employees Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA) Complementary Federal Law in 2023 Amends the Federal Arbitration Act (complements IHRA) No mandatory arbitration of sexual harassment claims No class action waivers of sexual harassment claims
Equal Pay Act 820 ILCS 112 Prohibits employers from paying unequal wages to men and women for doing the same or substantially similar work and from paying African-American employees less than other employees for doing the same or substantially similar work Different wages can be paid if the wage difference is based upon a seniority system, merit system, quantity of production, or another permissible factor Has been in effect since 2003 Enforced by the IDOL Private Right of Action
Equal Pay Act Amendments Effective January 1, 2023 Companies with 100 or more employees (change from more than 100) are required to apply for and obtain a Certificate of Compliance from the IDOL that: Is in compliance with Title VII of the Civil Rights Act, the Equal Pay Act of 1963, the Illinois Human Rights Act, the Equal Wage Act, and the Equal Pay Act of 2003. that the average compensation for female and minority employees is not consistently below compensation for male and non-minority employees when adjusted for lawful differentiating factors such as length of service, job requirements, experience, skill, and effort that the business does not restrict certain genders to specific roles and makes employment decisions without regard to sex; explains how often the business reviews wages and benefits for disparities among protected and non-protected classes and certifies that wage and benefit disparities are corrected when identified; and identifies the approach the business uses to determine employee compensation (e.g., market pricing, prevailing wage or union contract, performance-based pay, alternative, etc.). Must also report individual pay data to IDOL if 100 or more employees
Freedom to Work Act 820 ILCS 90 Effective as of January 1, 2022 (Not retroactive) Covenants Not to Compete Unenforceable against employees that make $75,000/yr or less Goes up to $80,000 in 2027 and escalates after Unenforceable in the construction industry Management and sales excluded Covenants Not to Solicit Unenforceable against employees that make $45,000/yr or less Goes up to $50,000 in 2027 and escalates after
Family Bereavement Leave Act 820 ILCS 154 Effective January 1, 2023 (formerly Child Bereavement Act) Employees may take up to 2 weeks (10 workdays) of unpaid leave to grieve, attend a funeral, travel, and/or make arrangements necessitated by the death of a covered family member Applies to: the death of a covered family member ; a stillbirth; a miscarriage; an unsuccessful reproductive procedure; a failed adoption match or an adoption that is not finalized because it is contested; a failed surrogacy agreement; or a diagnosis that negatively impacts pregnancy or fertility.
Family Bereavement Leave Act (cont d) Covered family members include: Child Spouse or domestic partner Sibling Parent Mother-in-law/Father-in law Grandchild Grandparent Step-parent Employee may elect to use PTO in place of unpaid leave Enforced by the IDOL Private Right of Action
Paid Leave for All Workers Act 820 ILCS 192 Effective March 31, 2024 Provides employees with 40 hours of paid time off every year (12-month period) Accrues at the rate of 1 hour for every 40 hours worked Accrual starts at day one Can be used after first 90 days of employment Applies to exempt and non-exempt employees Can be taken for any reason Unused leave does not have to be paid out upon separation Check your current policy on vacation and PTO accrual Enforced by the IDOL No Private Right of Action
Resources Illinois Department of Labor https://labor.illinois.gov/ U.S. Department of Labor https://www.dol.gov/ Illinois Department of Human Rights www.Illinois.gov.idhr Springfield Office: 217-785- 5100 | 866-740-3953 (TTY)
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