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Kevin O'Flaherty

This article will provide what changes are in store for Illinois’ business in 2024.  Read on to get insight on employment law changes that may affect how your business runs, including, paid leave for all workers act, child extended bereavement act, employee wages, and enhanced employee rights.

2024 Illinois Employment Law Changes

Illustration of a group of diverse employees working together in an office setting

From paid leave to temporary worker protections, 2024 brings several significant updates to Illinois employment law. Both employers and employees will be affected by these changes, making it necessary to comprehend the new landscape and modify your business practices as needed.

Paid Leave for All Workers Act

On January 1, 2024, the Paid Leave for All Workers Act will take effect, requiring employers to offer a minimum of one hour of paid leave for every 40 hours worked, with a maximum of 40 hours per 12-month period. This law applies to all eligible employees, ensuring that they can take paid time off for any reason, including sick leave and personal matters. Employers must adhere to specific recordkeeping and notice requirements, and they cannot demand documentation or verification for leave requests. With this new law, employees can now enjoy the benefits of hours of paid leave.

The Illinois Department of Labor (IDOL) has provided limited guidance on the Paid Leave for All Workers Act, including how pre-tax dollars can be used for certain benefits. Remaining compliant as an employer necessitates staying updated on the new regulations and modifying your policies accordingly.

Child Extended Bereavement Leave Act

Illustration of a supportive work environment with a focus on bereavement support

The Child Extended Bereavement Leave Act of 2024 offers additional support for employees grieving the loss of a child. Employers with 50 or more full-time employees must provide unpaid, job-protected leave for varying durations based on company size. Companies with more than 250 full-time employees must offer up to 12 weeks of leave in a single year. Those with 50 to 249 employees have to provide up to six weeks annually.

To be eligible for this leave, employees must have been employed with a covered employer for a minimum of two weeks prior to the commencement of the leave. Employers may require reasonable documentation, such as a death certificate or obituary, to support the leave request. Comprehending and enacting these new bereavement leave regulations enables you to support your employees during their time of need.

Updates to Temporary Labor Services Act

Photo of temporary workers receiving safety training

Temporary workers in Illinois will benefit from new rights and protections under the amended Temporary Labor Services Act. These updates include:

  • Equal compensation
  • Prior notification of labor disputes
  • Safety training
  • Increased penalties for non-compliance

The new law requires employers, including temporary labor service agencies, independent contractors, and third-party clients, to inform temporary workers of potential safety hazards at the worksite. They must also provide appropriate training on how to safely tackle them.

Temporary workers also reserve the right to refuse a new task at a third-party client’s worksite if it has not been communicated to them or if they lack the required training. Should a temporary worker encounter new safety hazards during their assignment, the third-party client is obliged to inform both the temporary labor service agency and the worker. This includes providing suitable safety training and required personal protective equipment before altering the worker’s assignment. To train temporary workers effectively, freelance worker’s acceptance of these conditions is crucial for ensuring a safe and productive work environment.

New Developments in Illinois Wage Laws

Illinois wage laws are also undergoing changes in 2024, impacting minimum wage, equal pay, and wage payment collection. These updates will have a direct impact on employers and employees, underlining the need to stay updated and proactive in modifying your business practices.

Illinois Minimum Wage Law

The Illinois Minimum Wage Law continues to increase in 2024, with the new minimum wage rate set at $20 per hour starting April 1, 2024. This change will have a significant impact on both businesses and their payroll budgets, as they must adjust to the higher wages for their employees.

Though the minimum wage increase might seem overwhelming, recognizing the potential benefits in employee satisfaction and retention is important. Staying updated on the changes to the Illinois Minimum Wage Law and modifying your business practices as needed can ensure your business’s compliance and ongoing success.

Illinois Equal Pay Act

The Illinois Equal Pay Act aims to close the gender wage gap and ensure equal pay for equal work. The 2024 amendments postpone the implementation of the equal pay provisions until April 1, 2024, and require certain Illinois employers to include the pay scale and benefits information in their job postings.

These updates are designed to reduce wage disparities and encourage pay transparency in the state. Employers with more than 100 employees in Illinois must address wage disparities and ensure equal pay for equal work. Staying current with the Illinois Equal Pay Act amendments allows you to advocate for fair compensation practices within your organization and nurture a more inclusive work environment.

Wage Payment Collection Act

The Illinois Wage Payment Collection Act enforces the timely and accurate payment of wages to employees in Illinois. This law stipulates that employers must pay full and ‘final compensation’ to separated employees no later than their next regularly scheduled payday.

Non-compliance with the Wage Payment Collection Act can result in severe penalties for employers, including fines and potential employee lawsuits. Avoiding these consequences requires Illinois businesses to keep precise records, ensure timely wage payments, and stay updated on any changes to the law.

Enhanced Employee Rights and Protections

Covered employees in Illinois will also see increased rights and protections in 2024, with amendments to the Gender Violence Act and the Victims’ Economic Security and Safety Act (VESSA). These updates, aimed at enhancing Illinois victims economic security, are designed to enhance employee rights and ensure a safe and inclusive work environment.

Gender Violence Act Amendments

Amendments to the Illinois Gender Violence Act now allow victims of gender-related violence in the workplace to sue their employers if the employers fail to act reasonably and investigate reports of such violence. Employers may be held liable for gender-related violence committed in the workplace by their employees or agents under specific circumstances, such as if the violence occurs while the employee was directly performing their job duties, or while the employer’s agent was directly involved in the gender-related violence and the performance of the contracted work was the proximate cause of the injury.

These amendments place a greater responsibility on employers to address and prevent gender-related violence in the workplace. Comprehending the changes to the Gender Violence Act and enacting suitable policies and procedures can assist in creating a safe and supportive environment for all employees.

VESSA Amendments

The Victims’ Economic Security and Safety Act (VESSA) in Illinois has been amended to expand qualifying reasons for leave and introduce “Violent Crime Bereavement” regulations. Under the VESSA amendments, individuals whose family or household member(s) are killed in a crime of violence can take leave to attend a funeral or wake, make arrangements for a funeral or wake, and grieve.

These amendments provide additional support for employees affected by domestic, sexual, or gender violence, ensuring they have access to the necessary time off and resources to recover and heal. Understanding the VESSA amendments and modifying your policies as necessary is important as an employer to support your employees during challenging times.

Commuter Benefits and Cook County Employers

Illustration of a commuter bus with employees traveling to work

Starting January 1, 2024, Cook County employers with 50 or more employees must offer pre-tax commuter benefits to eligible employees. This new requirement aims to promote sustainable commuting options and ease the financial burden on employees who rely on public transportation.

Navigating Labor Disputes and Striking Workers

New amendments to the Illinois Labor Dispute Act provide further protections to workers and limit court-issued relief in labor disputes. Illinois businesses must be aware of these changes and navigate labor disputes and striking workers accordingly to maintain a positive and compliant work environment, keeping in mind the importance of a collective bargaining agreement.

Personnel Records and Electronic Distribution of Employee Notices

Changes to the Illinois Personnel Record Review Act (PRRA) remove restrictions on obtaining personnel records and impose new obligations on employers regarding electronic distribution of employee notices and summaries. These updates aim to promote transparency and ease of access to information for both employers and employees.

Preparing Your Business for 2024 and Beyond

Maintaining compliance with the 2024 legal changes for your Illinois business requires staying updated, modifying your policies, and consulting legal counsel when necessary.

Taking proactive measures and adapting to the new regulations can position your business for success in the future.

Summary

In conclusion, the 2024 Illinois business law updates cover a broad range of topics, from employment law changes to wage laws and employee rights. Staying informed and adapting your business practices will be crucial to ensure compliance and promote a safe, inclusive, and fair work environment. By embracing these changes and supporting your employees, you can foster a thriving business that’s prepared for the future.

Frequently Asked Questions

What are the new employment laws in Illinois 2024?

As of January 1, 2024, Illinois employers must provide eligible employees with up to 10 days of paid leave for organ or tissue donation, pay temporary workers equal to the lowest-paid direct-hire employee, and grant two weeks of unpaid leave to those grieving family or household members killed in a crime. Additionally, all workers are eligible for up to 40 hours of paid leave for any reason starting March 31, 2024 or 90 days after they begin employment.

What is the new break law in Illinois 2023?

Starting January 1, 2023, employers in Illinois must provide employees with an unpaid meal break of at least 20 minutes no later than five hours into the workday. For employees working beyond their first 7.5 continuous hours, an additional 20-minute meal break must be provided for every additional 4.5 continuous hours worked. Reasonable bathroom breaks do not count towards the meal break.

How many hours of PTO can you carry over in Illinois?

In Illinois, you can carry over up to 20 hours of paid sick leave (half of unused leave), with an annual accrual cap of 40 hours, unless the employer has established a higher limit.

How does the Paid Leave for All Workers Act affect employers and employees?

The Paid Leave for All Workers Act grants employees additional paid leave for any reason, while employers must offer a minimum of one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours per 12-month period.

What are the new requirements for Cook County employers regarding pre-tax commuter benefits?

Cook County employers with 50 or more employees must provide pre-tax commuter benefits to eligible employees starting January 1, 2024.

This article provided an overview, not intended to be an exhaustive review, of Illinois Business Laws and any significant updates for 2024. If you have questions regarding a small or large business in Illinois, don’t hesitate to get in touch with one of our experienced Illinois business lawyers at 630-324-6666.

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.

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