The following is a general overview of Illinois Employment Laws. It is not meant as a comprehensive guide, but should serve to highlight the various laws controlling employer-employee relations in the State of Illinois.
At-Will Employment
Employees
are presumed to be at will and may be fired for any legal reason. Employment relationships are at-will unless there
is a defined employment duration or a contract permits termination only under specified
circumstances. Generally, employees working
under an employment contract can only be terminated for specified reasons.
Workplace Safety
In addition
to federal and state laws, the Illinois Department of Labor’s Division of Safety
Inspection and Education uses the Illinois Safety Inspection and Education Act to
enforce the occupational safety and health standards and rules provided in the Health
and Safety Act, and for the inspection of workplaces.
Workplace Injury
Workers’ compensation laws are designed to compensate employees injured or killed in work-related accidents according to a fixed monetary scheme, without resort to litigation. Dependents of a fatally injured employee may also be entitled to benefits. Employers may be protected by limits placed on the amount of an employee’s recovery. The workers’ compensation system is premised on a trade-off between employees and employers. Employees promptly receive workers' compensation benefits for on-the-job injuries, and the limited workers’ compensation benefits are generally the exclusive remedy against the employer, even when the employer was negligent.
Discrimination and Wrongful Termination
In addition to federal law, the Illinois Department of Human Rights enforces the Illinois Human Rights Act, which makes it unlawful to discriminate against an employee based on race, color, religion, sex, national origin, ancestry, age, marital status, disability that does not interfere with ability to perform or can be accommodated, parental status, sexual orientation, military discharge status or arrest record status. The Illinois Human Rights Act provides broader protection than federal law. In addition, if your business is in Cook County (Chicago area), the Cook County Human Rights Ordinance provides additional protections, including filing of claims of discrimination and/or harassment under the Chicago ordinance.Illinois Department of Labor
The mission of the Illinois Department of Labor is to promote and protect the rights, wages, welfare, working conditions, safety and health of Illinois workers through enforcement of the state labor laws, to safeguard the public through regulation of amusement rides, and to ensure compliance with all other labor standards. The Illinois Department of Labor enforces the following statutes, among others:
Fair Labor Standards Division
Day and Temporary
Labor Services Act (820 ILCS
175/1-99 • 56 Ill.
Admin. Code 260)
Requires
agencies that place workers on a daily or temporary basis in manufacturing, construction
and other non-clerical occupations to register with the Illinois Department of Labor
(IDOL) and comply with specified employment standards. The law establishes worker rights and protections,
specifies the duties and responsibilities of day and temporary labor agencies and
third party clients, sets forth penalties and enforcement procedures for violations
of the law and provides for administration and enforcement by IDOL. Third party clients that contract with day or
temporary labor agencies must verify that they are registered with IDOL or face
monetary penalties.
Minimum Wage
Law (820 ILCS 105/1-15 • 56 Ill.
Admin. Code 210)
Guarantees $7.50 per hour minimum wage for workers 18 years of age and older (as of July 1, 2007). Workers under 18 may be paid $.50 per hour less than the adult minimum. Credit for tips may not exceed 40% of applicable minimum wage. Employers may apply for licenses to pay sub-minimum rates to learners and workers with physical and mental limitations. Overtime must be paid after 40 hours a week at 1-1/2 times the regular rate. The Minimum wage will be increased by adding an additional 25 cents on July 1, 2008; July 1, 2009; and July 1, 2010 (up to $8.25 per hour).
One Day Rest
in Seven Act (820 ILCS 1401/1-9 • 56 Ill.
Admin. Code 220)
Provides a minimum of 24 hours of rest in each calendar week and a meal period of 20 minutes for every 7-1/2 hour shift beginning no later than 5 hours after start of shift. Employers may secure permits from the Department to work employees the 7th day provided that the employees have voluntarily elected to work.
School Visitation
Rights Act (820 ILCS 171/1-49)
Provides employed parents and guardians otherwise unable to meet with educators because of work conflicts the right to 8 hours of unpaid time off during school year to attend necessary education or behavioral conferences at their children's schools.
IL Wage Payment & Collection Act (820 ILCS 115/1-16 • 56 Ill. Admin. Code 300)
Establishes when, where and how often wages must be paid and prohibits unilateral deductions from wages or final compensation without the employee's consent. IDOL also provides assistance to workers in the collection of wages and final compensation including unused vacation pay, commissions, bonuses or other fringe benefits. State and federal government employees are exempt.Prevailing Wage Division
Employment of
IL Workers on Public Works Projects Act (820 ILCS 570/1-7)
Prevailing Wage Act (820 ILCS 130/0.01-12 • 56 Ill. Admin. Code 100)
Requires laborers, workers and mechanics employed on public works projects be paid no less than the general prevailing rate of wages (consisting of hourly cash wages plus fringe benefits) for work of similar character in the locality where the work is performed. Violators must pay workers the difference between the wage paid and the prevailing wage, and may be subject to 20% penalties and 2% punitive damages. A contractor or subcontractor found to have violated the Act on two occasions may be barred from public works projects for two years. Contractors are required to post prevailing wage rates at job sites.Worker Adjustment and Retraining Notification Act (820 ILCS 65 • 56 Ill. Admin. Code 230)
Requires employers with 75 or more full-time employees to give workers and state and local government officials 60 days advance notice of a plant closing or mass layoff. Employers failing to provide notice are potentially liable to each affected employee for back pay and benefits for period of the violation, up to a maximum of 60 days. The employer may also be subject to a civil penalty up to $500 for each day of the violation (law does not apply to federal, state or local governments).Law Division
Personnel Records
Review Act (820 ILCS 40/0.01-13)
Provides
an employee with a right to review, copy and correct personnel records, and prescribes
the gathering and use of information about the employee by an employer.
Right to Privacy in the Workplace Act (820 ILCS 55/1-20 • 56 Ill. Admin. Code 360)
Prohibits any individual from refusing to hire, terminate employment, or otherwise disadvantage any person because he or she uses alcohol and/or tobacco away from the job site on non-working time.
Victims’ Economic Security and Safety Act (820 ILCS 180/1-999 • 56 Ill. Admin. Code 280)
Provides
that employers (the State or any agency of the State; any unit of local government
or school district; or employer of 50 or more employees) may not discharge or discriminate
against an employee who is a victim of domestic violence or who has a family or
household member who is a victim of domestic violence, for taking up to a total
of 12 workweeks of leave from work during any 12-month period to address the domestic
violence.
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Querrey & Harrow’s Employment practice group counsels public and private employers, municipalities, school districts and other governmental agencies with their human resource matters and assists in promulgating, revising, and implementing internal policies and procedures, including employee handbooks, anti-harassment policies and job applications, applying overtime and related regulations to non-exempt employees, drafting employment agreements and severance agreements, conducting investigations of internal claims of workplace harassment, setting up employee hotlines to report work-related misconduct, and implementing progressive discipline and other aspects of adverse job actions.
Our attorneys have experience representing both public and private employers, with such matters as collective bargaining, grievance disputes, and grievance arbitrations. Additionally, our attorneys also have experience assisting public employers, including school districts and local municipalities, with their labor issues. We have represented management before the National Labor Board and the Illinois Labor Board in mediations and arbitrations in all types of matters. Our attorneys have negotiated vigorously on behalf of management to achieve the best results possible.
Our employment attorneys defend municipal entities against employment liability claims prosecuted in a variety of administrative and judicial forums and have achieved outstanding results in administrative matters before the Illinois Department of Human Rights, the Illinois Human Rights Commission, the Cook County Commission on Human Rights, the Chicago Commission on Human Relations, the US Equal Employment Opportunity Commission and the US Department of Labor.
If you have any questions regarding this overview of Illinois employment laws, or issues regarding your employees, please feel free to contact April Walkup, Group Chair of our Employment Law practice group, at awalkup@querrey.com or 312-540-7506; or Dan Gallagher, Group Chair of our Municipal Liability practice group, via dgallagher@querrey.com or 312-540-7674.
