Illinois Equal Pay Act of 2003. Amendments effective 60 times after signature by the governor

  • Bans employers from asking job seekers for information about their wage, income or advantages history

The Act bans companies from (1) assessment job seekers according to their wage or income history; (2) needing that an applicant’s wages satisfy minimum or maximum requirements; and (3) asking for or needing a job candidate to disclose wage or income history as an ailment of work. Companies may share information using the applicant about the settlement and advantages or talking about the applicant’s objectives for the positioning at issue. An manager will not break the Act if an applicant voluntarily discloses the details, nevertheless the Act prohibits a company from depending on such information when deciding whether or not to provide work or compensation that is determining.

The Act forbids a boss from needing a worker to signal an understanding that forbids the worker from disclosing the employee’s compensation. The Act currently forbids an manager from using any action against a worker for speaking about the employee’s wages or even the wages of any other worker. The amendment, nevertheless, clarifies that the manager may prohibit workers whose work obligations permit them use of other employees’ settlement information (including HR workers and supervisors) from disclosing that information within the lack of prior written permission through the worker whoever info is being disclosed.

  • Expands claims underneath the Equal Pay Act

As opposed to needing to show that a worker is doing work that calls for “equal” skill, work and obligation, a worker need just show that the job is “substantially comparable. ” The Amendment additionally limits an employer’s ability to justify pay disparities. To ascertain that an issue except that illegal discrimination ended up being the cause of the pay disparity, an boss must show that the element (1) just isn’t based or based on a differential in payment predicated on intercourse or any other protected characteristic; (2) is job-related according to the place and in line with company requisite; and (3) makes up the differential.

  • Increases obligation for violations

The amendment allows for injunctive relief and permits an employee to recover compensatory damages if the employee demonstrates that the employer acted with “malice or reckless indifference, ” and punitive damages as appropriate in relation to unequal pay claims, and in addition to recovery of the entire underpayment with interest, as well as attorneys’ fees and costs. For violations from the income history ban or unrestricted disclosure of payment information, the amendment permits workers to recuperate any damages incurred, special damages to not ever surpass $10,000, injunctive relief, and expenses and reasonable attorneys’ charges. If unique damages are available, a worker may recover compensatory damages only towards the level damages that are such the quantity of unique damages.

Synthetic Intelligence Movie Interview Act

Effective half a year after signature by governor

The Act requires companies to acquire permission from candidates before making use of intelligence that is“artificial to evaluate an applicant’s video clip meeting and physical fitness for the career. The permission must (1) notify each applicant ahead of the meeting that synthetic cleverness enables you to evaluate the candidates’ movie meeting and fitness for the positioning; and (2) explain the way the intelligence that is artificial therefore the basic forms of faculties it utilizes to judge candidates.

The Act additionally prohibits companies from sharing video clip interviews, except with people whoever expertise is important for assessing an applicant’s physical fitness for the career.

The Act calls for employers to delete the videos within thirty days of a employee’s demand.

Minimum Wage Legislation

Effective January 1, 2020

The minimum wage will increase from $8.25 each hour to $9.25 on January 1, 2020, after which to ten dollars each hour on July 1, 2020. It’s going to then increase $1 per 12 months until it reaches $15 each hour in 2025 ($13 on 1/1/21, $14 on 1/1/22, and $15 on 1/1/25). The wage that is minimum tipped workers will continue to be 60 % of this quantity (employers have entitlement to just take a tip credit as much as 40 % when it comes to recommendations workers get). In the event that reduced minimum wage alongside the recommendations actually gotten by the worker usually do not equal their state minimum wage, a company need to pay the huge difference to have the worker towards the minimum wage.

Companies with not as much as 50 employees in 2020 will soon be eligible for a taxation credit for a percentage associated with the wage increases. The taxation credit, nonetheless, will decline as time passes.

Companies with workers employed in Chicago or Cook County are already expected to adhere to greater minimal wages. Presently, the minimum wage for workers doing work in Chicago or Cook County is $13 or $12 each hour for non-tipped workers ($6.40 and $5.25 for tipped workers), correspondingly.

Cannabis Regulation and Tax Act

Part 10-50 associated with the Act permits companies to: maintain zero threshold policies on the job and even though on call; prohibit usage of cannabis at work; and discipline or end employees whom violate an employer’s workplace medication policies.

The Act clearly states so it will not offer a reason of action against a boss who subjects workers or candidates to drug that is reasonable liquor evaluating, or whom procedures or terminates a member of staff according to a good faith belief that the worker had been reduced because of cannabis utilize or intoxicated by cannabis while at your workplace or on call.

The Illinois Right to Privacy in Workplace Act (Privacy Act) provides that “except as otherwise particularly supplied by legislation, including part 10-50 of the Cannabis work as described above” it really is illegal for the company to will not hire or discharge an individual “because the in-patient uses legal items from the premises for the boss during nonworking hours. ” The Cannabis Act describes products that are“lawful as “products which can be appropriate under state law. ” Pursuant to that particular meaning, a company terminating a worker for cannabis utilize during nonworking hours can be starting it self as much as a claim beneath the Privacy Act.