There is a growing trend of states that are creating new laws and strengthening existing regulations to better protect the workforce from pay discrimination, harassment, privacy invasion and more. The state of Illinois is one of many states that has had quite a busy year legislative-wise. There are several new laws that have been passed which will directly affect employers and the Illinois workforce.
Illinois Equal Pay Act (Effective 9/29/2019)
The amendment to this law will prohibit employers from requesting/requiring applicants to disclose prior wage, salary or benefit information as a condition of an application process. It will also prohibit employers from instructing employees to refrain from discussing their wage/salary information with others. However, employers may still prohibit HR/Supervisors from discussing this information.
Employees – Minimum wage will increase to $9.25/hour and increase again to $10.00/hour on 7/1/2020.
Employers – Companies with 50 or fewer FT employees may qualify for tax credit equal to 25% of increased cost of wages paid in 2020.
Illinois Marijuana Law (Effective 1/1/2020)
This new law will make the recreational use of marijuana legal in the state of Illinois.
Workplace Transparency Act (Effective 1/1/2020)
This new law will prohibit employment agreements to arbitrate claims involving discrimination and harassment. This law will also impact union representation during proceedings involving claims of sexual harassment.
Illinois Human Rights Act (Effective 1/1/2020)
This new law will require employers to make sexual harassment training mandatory on an annual basis.
Illinois Artificial Intelligence Video Interview Act (Effective 1/1/2020)
This law, the first of its kind, will regulate the use of Artificial Intelligence during the hiring process. Specifically, employers who use Artificial Intelligence during the interview process will be required to provide notice and explanation, obtain consent, maintain confidentiality, and destroy copies.
Employers should Stay Vigilant
Although this blog specifically focuses on Illinois workforce laws, many states and local governments across the country are actively implementing new laws. While it can be challenging for employers to keep up to date with the latest local and state laws, it is extremely important that employers remain informed. Once an employer becomes aware of a new state law, efforts should be made to update and/or modify employee handbooks, policies, agreements, and employment applications to reflect the provisions in the forthcoming new laws.
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