A multitude of changes come each year for the Illinois business community, including both state and federal updates. This year was no exception with many new regulations either already in place or coming in 2024. The Illinois Chamber of Commerce hosted their 10th Annual New Laws Forum on December 5, 2023, in Lisle with over 100 guests in attendance.
This year’s event kicked off with an Employer briefing provided by Ron Bacci, Military Outreach Director for the Illinois Employer Support of the Guard & Reserve also known as ESGR. Ron provided a refresher for all on the Uniformed Services Employment & Reemployment Rights Act (USERRA). He let attendees know about the statement of support as well as the awards program ESGR provides.
Aaron Harris, Executive Director of the Illinois Chamber’s Employment Law Council was next.
Aaron provided attendees with an overview of new and updated Illinois laws coming in 2024. He spoke about numerous changes that are in effect or will be implemented in the next few months. Aaron explained the following changes:
The Equal Pay Act of 2003: Would require an employer with 15 or more employees to include the pay scale and benefits in the job posting for any position that will be physically performed in Illinois or where the employee will report to a supervisor in Illinois. This will be effective on January 1, 2025.
Unemployment Insurance Act: An individual under an independent contractor arrangement and requiring employers to file with the Illinois Department of Employment Security a report within 20 days after the date the employer hires a new employee. This will be effective on January 1, 2024.
The Freelance Worker Protection Act: Except as provided by law, a freelance worker shall be paid their contracted compensation amount on or before the date due under the terms of the contract. This requires a written contract for services or products provided by a freelance worker and sets forth the information the written contract must include. Coming on July 1, 2024.
The Gender Violence Act: This has been amended to define employee, employer, and workplace. It changes the definition of gender-related violence to also mean domestic violence. There are also new state penalties for violation of federal discrimination laws.
Mandated benefits have been expanded to include the Child Extended Bereavement Act, and amendments to the Victims’ Economic Security and Safety Act, as well as the Employee Blood and Organ Donation Leave Act. Aaron touched on the Illinois Paid Leave for All Workers Act and the Illinois Day and Temporary Labor Services act, leaving the bulk of those for the standalone presentations to come later in the day. He also spoke about the expansions and changes coming to the Prevailing Wage requirements.
Aaron concluded by highlighting his thoughts on what is likely to happen in 2024 and the need to stay informed.
Jeffrey Risch, Chair of AmundsenDavis stepped up to discuss the Illinois Paid Leave for All Workers’ Act. This act will provide nearly all Illinois workers with a minimum of 40 hours of paid leave during a 12-month period, beginning in January 2024. All full-time, part-time, temporary, and seasonal employees are eligible, and it includes all private and public employers (employees or employers)? with some exemptions.
The next update Jeff provided us with was an Overview of Federal Developments. He noted the Pregnancy Workers Fairness Act, which went into effect on June 27, 2023, commenting that Illinois has its own pregnancy accommodations requirements. He mentioned the PUMP for Nursing Mothers Act for nursing employees.
Jeff reviewed confidentiality and non-disparagement clauses that have been narrowed by the National Labor Relations Board. He also spoke about the CEMEX decision, which forces employers to either recognize or file a petition for election.
He discussed the EEOC’s “Artificial Intelligence and Algorithmic Initiative” which does not seek to stop the adoption of AI and other computer assisted technologies. However, it warns employers that they will be held liable in the event that the technological tools they use have a disparate impact on the basis of protected characteristics.
Additionally, he reviewed changes to the SECURE Act 2.0, the new I-9 version and permanent option for remote verification when using E-Verify. Jeff finished with OSHA updates as well as changes to Joint Employer Liability Issues.
After lunch, Jeff stepped up for his presentation on Pay Transparency Issues.
Pay transparency issues require disclosure of wage/compensation range for the position to applicants as well as in job postings as well as limiting or banning the use of wage or compensation history in making hiring or wage decisions. Jeff reviewed the newest amendments which lowered the threshold to employers with 15 or more employees to include the pay scale and benefits in job postings. There are also recordkeeping requirements. He contrasted multiple states regulations and talked about federal level regulations, including the Salary Transparency Act proposed in March 2023 and now in committee. This would require wage range to be included in job postings and more.
Jennifer Murphy, a partner at AmundsenDavis, gave a presentation on the amendments to the Illinois Day & Temporary Labor Services Act. The IDTLSA was originally enacted in 2006 to provide basic protections to regulate day and temporary workers. The changes to the law through the amendments this year brought drastic changes to the Act which make the use of long-term temporary workers extremely burdensome, more costly and may risk violations of the Act.
We were honored to be joined by Jane Flanagan, Director of the Illinois Department of Labor. Jane gave an overview of the agency, as well as touched on the status of new laws and amendments, finishing out with department initiatives and answering questions from the audience.
The final session of the day was a panel discussion on How HR Must Function in 2024 and Beyond.
Three panelists joined Aaron Harris on stage.
Annette Tyman is a partner at Seyfarth Shaw LLP. As Chair of their People Analytics Group, Annette leads a team of attorneys, labor economists, data analysts and other professionals to develop solutions to solve complex workplace issues.
Another panelist was Ashley Trost, Director of People and Culture for Gallagher Asphalt Corporation. Ashley functions as an HR department of one, facilitates leadership training and development and oversees the company’s marketing and communications department.
Manny Torres, AVP, Senior Employee Relations Specialist at Wintrust was the final panelist in the panel. Manny has multiple areas of strength, including working within HR and with leadership to build employee centric practices.
The group talked about their company culture for retaining employees, finding, and recruiting new employees, using AI in their organizations, and their biggest concerns for HR in 2024 and beyond.
The event ended with final networking opportunities and door prizes! We want to thank our event sponsors, Amundsen Davis LLC and Wintrust Financial, and a special thank you to everyone who was able to make this event. Without you all, this wouldn’t be possible.
The 11th Annual New Laws Forum will return in December 2024.
