SimplyHR | Employment & Labor Blog 

The Illinois legislature recently passed HB2862 amending the Day and Temporary Labor Services Act (the “Act”). If signed by Gov. J.B. Pritzker in its current form as expected, it will have significant implications for staffing agencies and their clients (i.e. employers that use staffing agencies to supplement their workforce with non-employee, temporary workers). Gov. Pritzker has 60 days from June 16, 2023, to sign the bill. Once signed, the bill takes effect immediately.

Important update on the Illinois Paid Leave for All Workers Act: The Illinois Department of Labor (IDOL) has issued its first set of frequently asked questions addressing the Act, with more to come. The full FAQs can be found here, and a summary of key points is below.

The Illinois Department of Labor (IDOL) recently adopted new regulations governing several provisions under the Illinois Wage Payment and Collection Act (IWPCA). Among them, the IDOL adopted new regulations that:

1. create a five-factor test for determining when work-related expenses incurred by an employee primarily benefits the employer, such that the employer is required to reimburse the employee for those specific expenditures;
2. clarify when employers may be liable for payment of employee expenses that exceed amounts set forth in the employer’s written expense reimbursement policy;
3. create new recordkeeping requirements relating to employee-incurred expenses;
4. clarify when an employee may file a claim with the IDOL seeking reimbursement of expenses;
5. clarify what constitutes an enforceable wage deduction agreement for deductions occurring over a defined period; and
6. create enhanced penalties for violations of the IWPCA.

The Illinois legislature recently passed the Paid Leave for All Workers (PLFAW) Act, which will require most Illinois employers to provide their employees working in Illinois with up to 40 hours of paid leave they can take for any reason during a designated 12-month period. Once signed by Governor Pritzker, the PLFAW Act will become effective on January 1, 2024.

Greensfelder Officer Scott Cruz authored an article on the “quiet quitting” phenomenon that has been permeating workplaces nationwide in the wake of the COVID-19 pandemic. The article, titled “How to Address and Remedy Quiet Quitting in the Workplace,” was published in the fourth-quarter edition of The Illinois Manufacturer.

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a new poster titled "Know Your Rights: Workplace Discrimination is Illegal" that all covered employers are required to display in the workplace.

Amendments Cover Pregnancy or Adoption-Related Losses, Deaths of Additional Family Members

On June 9, 2022, Illinois Gov. J.B. Pritzker signed into law amendments to the Child Bereavement Leave Act, which take effect January 1, 2023. Among other notable changes, the amendments change the name of the Child Bereavement Leave Act to the Family Bereavement Leave Act, expand the definition of “covered family member,” and expand unpaid bereavement leave time requirements for eligible employees to cover pregnancy loss, failed adoptions, unsuccessful reproductive procedures, and other diagnoses or events impacting fertility and pregnancy.

The Chicago City Council recently adopted an ordinance amending the city’s anti-sexual harassment laws. This, among other things, revises the definition of sexual harassment to include sexual misconduct; requires Chicago employers to establish, post and distribute to employees a written anti-sexual harassment policy and display a poster advising employees of the prohibition of sexual harassment; enhances training requirements for employees and managers, including additional training on how bystanders who witness sexual harassment in the workplace should respond; and imposes stricter penalties for violations. The written policy, written notice, and required training components of the ordinance go into effect July 1, 2022.

A strong push continues for states to adopt stricter pay equity laws and enforce efforts to combat pay inequities for certain protected classes, including women and individuals of color. Many states, including Illinois, have prioritized pay equity by passing laws designed to reduce wage gaps.

The Chicago City Council recently passed Ordinance No. 02021-2182 (the Ordinance), which, among other things, expands the permissible bases to take leave under the Chicago Paid Sick Leave Ordinance (PSLO) and creates new wage theft protections for employees. The paid sick leave amendments take effect on August 1, 2021, while the wage theft provisions went into effect on July 5, 2021.