October 2024

 

Illinois Prohibits Discrimination Because of Reproductive Health Decisions

10/03/24

Illinois has enacted legislation that prohibits employers from discriminating against employees because of their reproductive health decisions. The changes take effect on Jan. 1, 2025.

Tuesday, October 1, 2024/Author: ADP Admin/Number of views (769)/Comments (0)/

Illinois Prohibits Discrimination Because of Family Responsibilities

10/03/24

Illinois has enacted legislation that prohibits employers from discriminating against employees because of their family responsibilities. The changes take effect Jan. 1, 2025.

Tuesday, October 1, 2024/Author: ADP Admin/Number of views (723)/Comments (0)/

Illinois Adds New Work Protections for Minors Under Age 16

10/03/24

Illinois has enacted legislation that sets new standards for working conditions for employees under 16 years of age, including limiting hours of work and updating the list of jobs minors are prohibited from holding. The changes were enacted via Senate Bill 3646 and take effect on
Jan.  1, 2025.

Tuesday, October 1, 2024/Author: ADP Admin/Number of views (722)/Comments (0)/

Illinois Establishes Guardrails Against Discrimination from AI

10/03/24

Illinois has enacted legislation that expressly prohibits discrimination by employers that deploy Artificial Intelligence (AI) to help them make employment decisions. The law (House Bill 3773) also requires employers that use AI to provide a notice to applicants and employees. House Bill 3773 takes effect Jan. 1, 2026.
Monday, September 30, 2024/Author: ADP Admin/Number of views (746)/Comments (0)/

Illinois Enacts New Pay Statement Requirements

10/03/24

With the enactment of SB 3208, Illinois has implemented new pay statement requirements for employers.  
Monday, September 30, 2024/Author: ADP Admin/Number of views (743)/Comments (0)/

Illinois Bars Mandatory Employer-Sponsored Meetings on Religious or Political Matters

10/03/24

Illinois has enacted legislation that prohibits employers from taking adverse action against employees because they refuse to attend an employer-sponsored mandatory meeting that communicates the opinion of the employer about religious or political matters. The changes take effect Jan.  1, 2025.

Friday, September 27, 2024/Author: ADP Admin/Number of views (826)/Comments (0)/

Illinois Amends Law on Employee Access to Personnel Records

10/03/24

Illinois has enacted legislation that amends and clarifies the state’s Personnel Record Review Act. The new law (House Bill 3763) takes effect Jan. 1, 2025.

Friday, September 27, 2024/Author: ADP Admin/Number of views (765)/Comments (0)/

Illinois Adds Employment Verifications Protections

10/03/24

Illinois has enacted legislation that will prohibit employers from imposing work authorization or re-verification requirements that are greater than those required by federal law. The new law (Senate Bill 508) also requires employers who use E-Verify or another electronic employment verification system to provide certain notices if an employer asserts that a discrepancy exists in an employee’s employment verification information. Senate Bill 508 takes effect Jan. 1, 2025.
Friday, September 27, 2024/Author: ADP Admin/Number of views (757)/Comments (0)/

Illinois - Chicago Issues Final Rule on Paid Leave Requirements

07/03/24

The Chicago Department of Business Affairs and Consumer Protection has issued a final rule that defines and clarifies various aspects of a new ordinance requiring employers to allow employees to accrue up to 40 hours of paid sick leave per 12-month period and up to 40 hours of paid leave per 12-month period that employees can use for any reason. The ordinance and final rule take effect July 1, 2024.

Wednesday, July 3, 2024/Author: ADP Admin/Number of views (1641)/Comments (0)/

Reminder: Illinois Equal Pay Certificate Deadline Approaches

04/04/24

Employers with 100 or more employees in Illinois must apply to obtain an Equal Pay Registration Certificate (EPRC) from the state by March 23, 2024.

Tuesday, April 2, 2024/Author: ADP Admin/Number of views (2258)/Comments (0)/
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Recent IL Updates

Illinois Adds New Work Protections for Minors Under Age 16

10/03/24

Author: ADP Admin/Tuesday, October 1, 2024/Categories: Compliance Corner , State Compliance Update, Illinois

Illinois has enacted legislation that sets new standards for working conditions for employees under 16 years of age, including limiting hours of work and updating the list of jobs minors are prohibited from holding. The changes were enacted via Senate Bill 3646 and take effect on
Jan.  1, 2025.

The details

Hours of Work Restrictions

With limited exceptions, employers are prohibited from allowing employees under 16 years of age from working:

  • More than 18 hours during a week when school is in session;
  • More than 40 hours during a week when school isn’t in session;
  • More than eight hours in any single 24-hour period;
  • Between 7 p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day; or
  • More than three hours per day, or more than eight hours total of work and school hours on days when school is in session.

Exceptions to Hours of Work Restrictions

An employer may allow an employee under the age of 16 to work a maximum of eight hours on each Saturday and on Sunday during the school year if: 1) the minor doesn’t work outside of school hours more than six consecutive days in any one week; and 2) the number of hours worked by the minor outside of school hours in any week doesn’t exceed 24 hours. See the text of the law for other exceptions to the restrictions on hours of work.


Prohibited Occupations

The law includes more than 30 occupations from which employees under the age of 16 are prohibited from working. See the text of the law for details.

Employer Responsibilities

Employers are prohibited from allowing a minor under the age of 16 from working, unless the minor obtains an employment certificate authorizing the minor to work for that employer.

Employers must provide that minor with a notice of intention to employ to be submitted by the minor to the minor's school issuing officer with the minor's application for an employment certificate.

Every employer of one or more minors under 16 years of age must maintain, on the premises where the work is being done, records that include the name, date of birth, and place of residence of every minor who works for that employer, notice of intention to employ the minor, and the minor's employment certificate.

Every employer, during the period of employment of a minor and for three years thereafter, must keep on file, at the place of employment, a copy of the employment certificate issued for the minor.

Every employer of minors under the age of 16 must ensure that all minors are supervised by an adult 21 years of age or older, on site, at all times while the minor is working.

Employers are prohibited from allowing any minor under the age of 16 to work for more than five hours continuously without an interval of at least 30 minutes for a meal period.


Notice Requirements

Every employer who employs one or more minors under the age of 16 must post in a conspicuous place where minors are employed, allowed, or permitted to work, a notice summarizing the requirements of the law.


An employer with employees who don’t regularly report to a physical workplace, such as employees who work remotely or travel for work, must also provide the summary and notice by email to their employees or by conspicuous posting on the employer's website or intranet site, if the site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. The notice will be created by the state.

In the event of the work-related death of a minor engaged in work subject to the law, the employer must, within 24 hours, report the death to the Department of Labor and to the school official who issued the minor's work certificate for that employer.

In the event of a work-related injury or illness of a minor that requires the employer to file a report with the Illinois Workers' Compensation Commission, the employer must submit a copy of the report to the Department of Labor and to the school official who issued the minor's work certificate for that employer within 72 hours of the deadline by which the employer must file the report to the Illinois Workers' Compensation Commission.

Employment Certificate Process

The Illinois Child Labor Law has long required school officials to review a minor's work opportunity and, with the permission of the minor's parent or guardian, issue an employment certificate to the minor before they can lawfully work.

Senate Bill 3646 updates the school certification process by:

  • Requiring the issuing officer to consider the "health, welfare, and education" of the minor when assessing an employment certificate application, including consideration of past reports of death/injury of a minor at that workplace.
  • Requiring that a minor's work permit include the minor's school schedule.
  • Clarifying the certification process for minors who are experiencing homelessness or who don’t have a birth certificate.


Video Content Creators

The law creates rules specific to influencers and other individuals or families who create video content in exchange for compensation, and the video content features minors under the age of 16. These changes took effect July 1, 2024. See the text of the law for details.

Next Steps

Illinois employers who intend to employ minors under the age of 16 should ensure compliance with Senate Bill 3646 by Jan. 1, 2025, and train supervisors on the changes.

Number of views (722)/Comments (0)

 

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