(This column originally appeared in the Daily Herald)
If you’re an employer in Illinois, there are a number of new rules and regulations taking effect this year that will impact you.
For example, the Illinois Personnel Record Review Act now allows both former and current workers of companies with more than five employees to review, copy or retain copies of their employment records at least twice in a calendar year.
Under the Illinois Wage Payment and Collection Act, employers now must keep records of pay stubs for all of their employees — including those terminated — for at least three years. Companies also must take extra caution about requiring employees to attend meetings that may include discussing the employer’s political or religious stands on issues, according to a new expansion of the Worker Freedom of Speech Act.
All of these rules add to the complexity of being an Illinois employer. But there are at least two other regulations that are more impactful.
Human rights
Kenneth Apicella, an attorney with Drost, Gilbert, Andrew & Apicella, LLC in Palatine, believes the changes that likely will have the biggest potential for additional litigation against employers are the amendments to the Illinois Human Rights Act.
According to Apicella, the statute of limitations for alleged violations of the Human Rights Act has been extended from 300 calendar days to two years to file a charge with the Illinois Department of Human Rights based upon employment discrimination, harassment or retaliation. This exceeds the limitations period for violations of federal laws, which remains at 300 days. Additionally, the Illinois Human Rights Act was amended to include the prohibition of discrimination on the basis of “family responsibilities” and “reproductive health decisions.”
“Under the amendments, family responsibilities mean an employee’s actual or perceived provision of personal care to a family member,” he said. “Personal care includes activities to ensure that a covered family member’s basic medical, hygiene, nutritional, or safety needs are met, or to provide transportation to medical appointments, for a covered family member who is unable to meet those needs themselves.”
Apicella says the rule includes allowing a worker to be physically present to provide emotional support to a covered family member with a serious health condition who is receiving inpatient or home care.
Equal pay
An amendment to the Illinois Equal Pay Act that expands record-keeping requirements also will have a serious impact on Illinois businesses. That’s the opinion of Barbara J. Bell, an attorney who practices in Arlington Heights.
“This amendment creates an unprecedented situation,” she said “It requires businesses to keep detailed records regarding the salaries of employees, and the benefits that are paid to them. The benefits information that the law requires be provided is comprehensive because it must include bonuses, stock options and other incentives.”
In addition, the amendment requires business to post opportunities for promotion to its current staff within 14 days after posting a job for outside candidates. And businesses must keep records of the pay scale and benefits information for each posted position for five years.
“What is even more significant about the amendments to the Illinois Equal Pay Act is that the Illinois Department of Labor has the power to fine businesses that are found not to be in compliance. In the worst-case scenario, a business could be fined $10,000,” Bell said.
Another significant aspect to the amendment to the Illinois Equal Pay Act is that employees can make anonymous complaints to the Illinois Department of Labor (IDOL) about their employer not following the pay transparency amendments.
To prepare for these regulations and to make sure your business is in compliance, both attorneys advise keeping good records and making sure employees responsible for posting jobs are well-trained. They also say to pay close attention to the guidelines produced by IDOL, who is mandated to enforce the law.
“The best way for Illinois employers to prepare for these changes is to update their employee handbooks and/or policies and procedures and train their front-line managers to understand the types of conduct that are protected and what is expected of employers,” Apicella said. “Additionally, continue to also monitor the Illinois Department of Human Rights for further guidance.”
Bell agrees. She also recommends not panicking if the Illinois Department of Labor finds your business not in compliance.
“IDOL is likely to give businesses plenty of opportunities to get this law right before ordering that a fine be paid,” she said. “Remember, some of these laws are as new to IDOL as is to business.”
