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December 2022: Reminder: Illinois Equal Pay Act Goes Into Effect In 2023

21 Dec


Update Applicable to:
All employers with 100 or more employees in the state of Illinois.

What happened?
On March 23, 2021, Governor J.B. Pritzker signed into law amendments to the Illinois Equal Pay Act, which go into effect January 1, 2023. 

What are the details?
The amendments require private businesses with 100 or more employees in Illinois that file an EEO-1 report with the Equal Employment Opportunity Commission to report specific employee payroll and diversity information to the IDOL (Illinois Department of Labor), including new pay data reporting and certification requirements.

When applying for the Equal Pay Registration Certificate, employers will need to include the following:

  • wage records, including the most recent EEO-1 report filed by the company and a list of employee-level data for all employees working in Illinois, which should include:
    • employee names, gender, race, and ethnicity, which is consistent with the data reported in the company’s EEO-1 report;
    • the county where the employee works;
    • the employee’s total wages rounded to the nearest $100.00;
    • the employee’s hire and, if applicable, termination date;
    • the employee’s job title; and
    • the employee’s EEO-1 classification;
  • an equal pay compliance statement signed by a corporate officer, legal counsel, or registered agent that certifies:
    • statutory compliance with the Illinois Equal Pay Act and other state and federal equal opportunity laws;
    • a lack of wage disparity between male, female, and minority employees;
    • that there are no sex-based personnel decisions;
    • that wage disparities are addressed when identified; and
    • that wage determinations and evaluations are frequent, including how those evaluations are conducted.

Employers subject to the Illinois Equal Pay Act amendment must recertify their compliance with the Act every year. An employer’s filing deadline this year, or early 2023, will serve as its filing deadline for each subsequent year.

For more information, please see the links below:

Previous Vensure Communication (February 15, 2022)

Previous Vensure Communication (June 8, 2022)

Equal Pay Registration Certificate (EPRC) – FAQs

IDOL EPRC Business Registration Page

Article 1

What do employers need to do?
Covered employers will receive notification from the Illinois Department of Labor. However, every employer’s deadline to apply is different, and some employers may not yet have received their reporting deadline from the Illinois Department of Labor. However, employers with late 2022 or early 2023 deadlines should start preparing the information they will need to compile when filling out their applications so they are ready to submit their applications to the Illinois Department of Labor when they receive their filing deadline. If covered employers do not receive notification from the Illinois Department of Labor, they can visit the IDOL’s EPRC Business Registration Page.  

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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