Intro to Illinois Labor Laws

The Illinois state legislature has amended the Personnel Records Review Act to include new employer obligations when receiving personnel record requests. Effective January 1, 2025, employers will be required to provide a broader range of personnel documents, including but not limited to employment-related agreements; employee handbooks; written employer policies and procedures; and personnel documents used in determining an employee’s qualifications for employment, promotion, and benefits. The amended law also requires that requests for records be submitted in writing and must follow a certain set of guidelines. Employers should review and update their current procedures to ensure compliance.

Governor Pritzker has signed the Worker Freedom of Speech Act. The new law prevents employers from disciplining, firing, penalizing, or threatening employees for refusing to attend mandatory meetings or refusing to receive or listen to communications, where the employer shares opinions on religious or political topics. Political topics include decisions about joining or supporting any labor organization. The law also prohibits employers from offering incentives, such as rewards or improved employment conditions, to encourage attendance. Employers will be required to post a notice informing employees of their rights under the Act within 30 days after it takes effect. Justworks’ compliance poster service will monitor for any model notices from the state.

Illinois has amended its Biometric Information Privacy Act (BIPA) to address concerns over high risk biometric data. The amendment includes changes such as reducing the statute of limitations for filing claims from five years to three years and capping damages for negligent violations at $1,000 per violation. Employers should review and revise their biometric data policies and practices to ensure compliance.

On August 9, 2024, Governor Pritzker agreed to amend the Day and Temporary Labor Services Act (DTLSA) to impose additional compliance requirements. The changes include new notice and paperwork obligations, notice requirements related to labor disputes, and revised standards for pay and benefits. Employers that use temporary labor service agencies should review their staffing agency contracts and update relevant policies and practices to comply with the amendments.

The Illinois Human Rights Act (IHRA) has been amended with the recent passage of several bills. Amendments going into effect on January 1, 2025 include an extension of the statute of limitations to file an employment discrimination, harassment, or retaliation charge with the state, protections for employees based on their “family responsibilities”, and discrimination protections for employees based on their reproductive health decisions. In addition, effective January 1, 2026, employers will be prohibited from using AI that has the effect of discriminating against protected classes. Employers must notify employees when AI is used in recruiting, hiring, promotion, discipline, discharge or other employment-related decisions. Given these upcoming changes, employers should review and update any related company policies and practices in consultation with legal counsel. Employers are also encouraged to monitor the Illinois Department of Human Rights website for further guidance.

On April 30, 2024, the Chicago Department of Business Affairs and Consumer Protection (BACP) published the final rules implementing the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) that will finally take effect on July 1, 2024 (previously postponed from December 31, 2023). This new ordinance provides up to 40 hours of paid time off for any reason and 40 hours of paid sick leave for all of Chicago’s workers within an employer’s defined 12-month period. 

The released guidance addresses the employer’s defined 12-month period, the distinctions between these two types of leave for accrual, carryover, approving time off, employer notice, and posting requirements. Employers should review and update their paid leave policies to meet these local requirements.