Will County employers, workers will be impacted by new 2024 Illinois laws

As the year draws to a close, Illinois employers find themselves in the position of getting up to speed on changes. They are at the forefront, adapting to the dynamic changes in the state’s employment laws as the legal landscape is evolving.

Beginning Jan. 1, a cascade of amendments and new laws will fundamentally reshape the operational landscape for employers in the state.

• Illinois law has broadened leave benefits, offering paid leave for “any reason.” The Paid Leave for All Workers Act provides up to 40 hours of paid leave annually for any reason.

Workers can begin using their earned time off for any reason without the requirement of providing documentation to their employer under the Paid Leave for Workers Act. This new law applies to every employee working for an employer in Illinois, including domestic workers, but does exclude independent contractors.

The legislation provides that paid leave shall accrue at the rate of one hour for every 40 hours worked. Employees will be paid their full wage while on leave, and tipped workers will be paid the minimum wage in their respective locale. An employer cannot require an employee to find their replacement for the leave.

• “Violent Crime Bereavement” leave now is afforded as a result of recent amendments to the Victims’ Economic Security and Safety Act, while the Child Extended Bereavement Leave Act mandates unpaid, job-protected leave for employees losing a child to suicide or homicide.

This is a requirement for employers with 50 or more full-time employees. The Employee Blood and Organ Donation Leave Act replaces the existing blood donation leave, granting eligible employees up to 10 days of paid leave for organ or tissue donation.

• The new Illinois Transportation Benefits Program Act aims to promote the commuter benefits available to employees who use public transportation to commute to and from work.

Beginning Jan. 1, certain employers within designated Illinois counties and townships will be required to provide employees a “pre-tax commuter benefit.”

Employers are covered by the law if they employ at least 50 workers within 1 mile of fixed-route transit in Cook County or 37 townships listed in the law.

The act requires covered employers to provide a commuter benefit to all full-time employees, beginning with the first full pay period after 120 days of employment. “Full-time” means working at least 35 hours a week and receiving compensation on a full-time basis.

• Amendments to the Illinois Gender Violence Act broaden employer liability for gender-related violence committed by employees or agents within the workplace.

This expansion reflects a commitment to fostering a safe and secure working environment.

• Updates to the Day and Temporary Labor Services Act introduce significant protections for temporary workers, including comparable pay and mandatory safety training.

The effective Freelance Worker Protection Act, starting July 1, grants freelance workers explicit rights, encompassing prompt payment, written contracts and safeguards against discrimination or retaliation.

• Changes to the Personnel Record Review Act mandate that employers provide personnel records and mandatory notices electronically, catering to the evolving work landscape with remote employees.

• Gov. JB Pritzker’s endorsement of amendments to the Equal Pay Act in August heralds a new era for job postings.

Effective Jan. 1, 2025, employers with 15 or more employees must transparently disclose compensation and benefits in job postings, even if not previously revealed.

How employers can adapt

What should Illinois employers do now to take action? Ensure your business aligns with Illinois’ evolving employment laws by taking strategic actions.

• First, conduct a thorough review and swift update of your leave policies and procedures. Timely adjustments will keep you in compliance with the changing legal landscape.
• Consider the geographical context to determine the necessity of implementing a commuter benefits program. This evaluation ensures your offerings are well-aligned with location-specific needs.
• Prioritize the immediate implementation of anti-harassment training if it’s not already in place. This proactive step fosters a secure and respectful workplace environment.
• For those with contracts involving temporary labor agencies, undertake a comprehensive review to guarantee compliance with the latest legal requirements. Ensuring contracts align with new laws is critical for smooth operations.
• Prepare templates for freelance worker contracts to facilitate clear and consistent agreements. This proactive approach streamlines processes and ensures compliance with legal standards.
• Invest in the training of HR personnel to adeptly respond to and record requests and efficiently distribute electronic notices. This preparation ensures your team is well-equipped to navigate evolving requirements.
• Anticipate changes in job posting systems and be ready to adapt them to meet disclosure requirements. This foresight ensures transparency and compliance with the upcoming legal mandates.

By taking these proactive measures, your business can confidently navigate the dynamic landscape of Illinois’ employment laws, safeguarding compliance and success. Stay informed and stay ahead of the curve – your business depends on it.

Here is a helpful link to frequently asked questions through the Department of Labor: labor.illinois.gov/faqs.html.