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May 2023: Illinois Employers May Soon Have to Include Pay Scale and Benefits Information in Job Postings

17 May


Update Applicable to:

All employers with 15 or more employees.

What happened?

As of February 16, 2023, a new bill – HB3129 – is quickly making its way through the Illinois House and, if passed and signed into law, would again amend the Illinois Equal Pay Act and significantly redefine how employers post jobs in Illinois.

What are the details?

The bill makes it unlawful for an employer with 15 or more employees to fail to include the pay scale for a job in any job posting in Illinois. The bill provides that if an employer with 15 or more employees relies on a third party to publish a job posting, the third party must include the pay scale in the job posting.

House Floor Amendment No. 1 to HB3129 expands the bounds of the HB3129 by imposing additional requirements for employers and providing clarification on ambiguity in HB3129:

  • The amended version of the bill would make it unlawful for an employer with 15 or more employees to not only fail to include pay scale information, but also to fail to include benefits information regarding the job.
    • The amendment 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 to offer for the position.”
  • The amended version of the bill would impose liability on the employer for a third party’s failure to include the pay scale and benefits information in a job posting on behalf of the employer.
  • The amended version of the bill would require an employer to announce, post or otherwise make known all job opportunities to all current employees no later than the same day that the employer makes the job posting.
    • It also clarifies that HB3129 does not create any requirement for employers to make job postings.
  • Moreover, the amended version of the bill would impose recordkeeping requirements, including a new obligation for employers to preserve records of the pay scale and benefits information for each position posted by the employer.

The amendment provides that each job posting that fails to be in compliance with the requirements of the Equal Pay Act would be considered separate violations.

For more information, please see the links below:

Bill: HB3129

Law Firm Article: Link

What do employers need to do?

Illinois employers should review the above links and begin revising their job postings in anticipation of the bill becoming law.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Illinois PEO services can help you navigate complex employment laws and keep your business compliant.

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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