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Equal Pay Act Section 11 Implementation Guidance Issued by IDOL

July 6, 2022

Equal Pay Act Section 11 Implementation Guidance Issued by IDOL

Equal Pay Act Section 11 Implementation (Illinois Register Volume 46 Issue 21 pp 8023-8043) As the adage goes, better late than never. Finally, the Illinois Department of Labor (IDOL) has proposed amendments to the part titled “Equal Pay in Employment” (56 IAC 320; 46 Ill Reg 8023) implementing Section 11 of the Equal Pay Act of 2003, which requires businesses that have more than 100 employees and file annual reports with the Equal Employment Opportunity Commission to apply to IDOL for equal pay registration certificates every 2 years. The new law, passed in 2021, became effective in March of this year, and hundreds of Illinois employers have been notified by IDOL and were to be required to submit their data in June. However, the Department had yet to file Administrative Rules outlining the filing process. Business groups met with IDOL staff to suggest possible clarifications and information to rules that could be helpful to employers in compliance with this awkward and cumbersome requirement. Until this Rule’s publication, IDOL provided only guidance on its website as to how employers are to comply. Now with a rule finally published, businesses have some direction on how to comply. However, there are certainly to be more questions. This rulemaking:

establishes timelines for affected businesses and IDOL to fulfill this requirement.
establishes how equal pay data must be reported to the IDOL.
establishes that IDOL, after giving notice of a violation, must provide 30 days for an employer to come into compliance.

The rulemaking also outlines the processes for IDOL to notify an employer that an application for a certificate has been rejected, or that a certificate has been suspended or revoked, and for an affected business to appeal these decisions. Provisions and requirements for employees of large private businesses to request data concerning pay for their job classification or title are also established. For a copy of a summary of the proposed rule’s changes contact NFIB State Director Chris Davis at chris.davis@nfib.org.

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