Update Applicable to:
All Illinois employers with 15 or more employees and multi-state businesses with a total of 15 or more employees and at least 1 employee in the state of Illinois or posting a position located in Illinois.
Governor Pritzker signed House Bill 3129 into law. The amendment now makes it unlawful for employers with 15 or more employees to fail to include a description of the benefits and pay scale for a position in any specific job posting. This includes private (a natural person and/or entity) and all public entities.
Employers must meet the new requirements by January 1, 2025.
What do employers need to do?
All covered employers should be prepared to comply with the amended law and begin incorporating the changes in their job postings prior to the effective date. For more details and expanded information, consult the links and information provided above. Employers should seek counsel to determine if they are subjected to the requirements and how to comply with them.
What are the details?
The Illinois Equal Pay Act (EPA) provides that employees of a different sex or race who perform substantially similar work on jobs that require substantially similar skill, effort, working conditions and responsibility may not receive a lower wage rate.
As posted in a Previous Vensure Communication, employers must now include a description of the benefits and pay scale for a position in any specific job posting. Said description may include a hyperlink to a publicly viewable webpage and if an employer utilizes a third party to announce, post or publish jobs, the employer must provide pay scale and benefits information to the third party.
To determine if compliance is necessary, an employer will need to determine if the job will be physically performed (at least in part) in Illinois, or, whether the job will be physically performed outside of Illinois, but the employee reports to a supervisor, office, or other work site in Illinois.
This amendment does not apply to positions in the State of Illinois designated as “exempt from competitive selection.”
For employers with 100 or more employees, they must acquire a new certification. The certification states that the business does not discriminate based on sex in job classification, retention, and promotion decisions. For businesses with positions for which sex is a bona fide occupational qualification, they must provide a list of such positions with a short explanation of why sex is a bona fide occupational qualification for those positions.
The Illinois Department of Labor (IDOL) may investigate compliance with the HB3129 amendments and enforce said provisions; these investigations may be discretionary or the result from a complaint. Depending on how many offenses an employer receives, the cure period and fine will vary.
According to the IDOL, each employer will receive no less than 120 days advance notice of their registration deadline.
For more information, please see the links below:
Law Firm Article: Article 1
Bill: Illinois HB 3129
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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.