Update applicable to:

All employers with 15 or more employees with at least one employee performing work in Illinois, and employers in Illinois who have positions that are physically performed outside of Illinois by an employee who reports to a supervisor, office, or work site, in Illinois

What happened?

The bill that we previously sent out a communication about back in May has been sent to the governor on June 15 for signature.

What are the details?

Summary:

• Employers with fifteen or more employees must include pay scale and benefits information in job postings.
• HB3129 defines “pay scale and benefits” as “the wage or salary, or the wage or salary range, and a general description of the benefits and other compensation … the employer reasonably expects in good faith to offer for the position.”
• The amendments to the Illinois Equal Pay Act will take effect on January 1, 2025.

The disclosure requirement also requires that employers notify their current employees of any promotion opportunities for positions that will be performed in Illinois or supervised by a person in Illinois, within 14 days after the job posting is posted externally.

Current employees in positions designated as “exempt from competitive selection” by the State of Illinois are excepted from this employer requirement for internal posting.

Employers that “engage[] a third party to announce, post, publish, or otherwise make known a job posting” will be required to comply with the amended Illinois Equal Pay Act by providing the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party.

The Illinois Department of Labor (IDOL) may initiate investigations regarding compliance with the amendments under HB3129 at its discretion or upon receiving a complaint from any individual (within one year of the violation).

For more information, please see the links below:

Latest News from Governor on Bill Status

Bill Page

Bill: HB3129

Vensure’s Previous Communication (May 2023)

Law Firm Article

What do employers need to do?

Employers who hire workers to perform work in the state of Illinois must include pay scale and benefits (wage and salary) information in all job postings; announce opportunities for promotion to current employees by no later than 14 calendar days after the employer advertises the job to prospective external employees; and ensure that any third-party advertising has the information regarding the pay scale and benefits.

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.