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New Illinois State Mandates Approved

New Illinois State Mandates Approved

September 5, 2023

New Illinois State Mandates Approved

Pay Transparency Employers with 15 or more employees will have to include salary ranges and a description of benefits in all new published job postings. Although this new law doesn’t take effect until January 1, 2025, this mandate will make it more difficult to recruit talented workers and will cause internal conflict with existing workers who don’t believe they are being appropriately compensated.  The new law includes a “right-to-cure” and an initial offense is a $250 fine.  Fines and penalties escalate steeply for subsequent offenses, with a third offense resulting in a $10,000 fine.   Temporary Workers and Staffing Agencies Temporary workers must be notified prior to assignment at a business where there’s a strike or labor dispute. The worker must be given the opportunity to decline the work assignment without retribution if there is a strike or labor dispute.  In addition, the staffing agency must fully research and provide all safety training necessary for the work location and duties of the work assignment.  Furthermore, a temporary worker who works for a third party client for 90 calendar days must be paid equivalent pay and benefits as a full-time employee. NFIB is working with other business interest groups to pursue legislation to clean up and clarify much of this new law. This law went into effect immediately upon the Governor’s approval early in August and the Department of Labor issued immediate Emergency Rules to implement the Act without industry input.   Commuter Benefits Companies with 50 or more employees and that are located within specified Townships and within 1-mile of a CTA service stop must allow workers to deduct pre-tax, public transit and parking costs from taxable income. NFIB was successful in severely limiting the scope of this burdensome mandate to geographic relevance and mid-sized employers, combined. This mandate goes into effect Jan. 1, 2024.   Child Bereavement Leave Employees working for companies of 250 or more full-time workers can take up to 12 weeks of unpaid leave if their child dies by suicide or homicide. The leave is shortened to six weeks for employees at employers with 50-250 workers. Context: This expands on the Family Bereavement Act passed in 2022 that allowed for unpaid time off in the event of a failed pregnancy or adoption loss. This mandate goes into effect Jan. 1, 2024.   Freelance Worker Protections The Freelance Worker Protection Act will require individuals and businesses to provide a written contract and compensate other independent contractors, individuals and businesses in a timely manner. Why it matters: Illinois is the first state to enact these protections.  Legislation aimed at protecting freelance journalists and graphic designers regulates the hiring of lawn maintenance workers and family babysitters. When: This mandate goes into effect July 1, 2024.
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