State Update Overview
| Date Updated | December 2023 |
| Labor Law Update | The State of Illinois Minimum Wage Law and Paid Leave for All Workers Act; EEOC “Know Your Rights” and DOL “Employee Rights Under the FLSA” Posters |
| What Changed | Increased minimum wage and new paid leave poster requirement; Recently enacted Pregnant Workers Fairness Act (PWFA) and Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) |
| Mandatory or Non-Mandatory | Mandatory |
| Updated Poster | Illinois Labor Law Poster |
In December 2023, the Illinois Department of Labor set forth increased minimum wage rates for 2024.
Illinois Minimum Wage Law Update
- Minimum wage increases to $14.00 per hour for employers with 4 or more employees
- Minimum wage increases to $8.40 per hour for tipped employees
- Minimum wage increases to $12.00 per hour for minors
- All minimum wage rates effective January 1, 2024
- New hotline number for questions or concerns with unpaid wages, equal pay, child labor and violent crime victims leave
- New QR code
Wage and Hour Exemptions
Employees may be exempt from wage and hour laws based on criteria associated with their salary, actual duties, and skills. Exempt employees neither receive overtime pay nor qualify for minimum wage. Illinois labor law defines these exemptions based on Executive, Administrative, or Professional status. Learn more here.
Also in December 2023, the Illinois Department of Labor announced a new labor law poster requirement for the Paid Leave for All Workers Act.
Illinois Paid Leave for All Workers Act Update
- Newly required poster regarding the Paid Leave for All Workers Act
- Employers must provide employees with up to 40 hours of paid leave for any reason
- Retaliation is prohibited and penalties may be recovered for violations
- Website, email address, and QR Code provided for more information
- The new poster must be displayed in a conspicuous place on the premises of the employer
Effective June 27, 2023, the new Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The federal Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights: Workplace Discrimination is Illegal” Poster to summarize the new law.
EEOC “Know Your Rights: Workplace Discrimination is Illegal” Poster Updates
- Illegal employment discrimination on the bases of sex includes childbirth.
- Illegal employment discrimination includes interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation.
- Failure to provide reasonable accommodations for pregnancy, childbirth, or related medical condition can be considered discriminatory.
- Discriminatory employment practice can include conduct that coerces, intimidates, threatens, or interferes with someone exercising their rights, or someone assisting or encouraging someone else to exercise rights, regarding disability discrimination (including accommodation) or pregnancy accommodation.
Effective April 28, 2023, the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) extends the right to receive break time to pump and a private place to pump at work to more nursing employees. The federal Department of Labor (DOL) revised its “Employee Rights Under the Fair Labor Standards Act” poster to include changes from the new law.
DOL “Employee Rights Under the Fair Labor Standards Act” Poster Updates
- The section titled Nursing Mothers has been changed to Pump at Work.
- The right to break time to express breast milk previously only applied to employees subject to the overtime requirement under the FLSA (non-exempt employees). This reference has been removed.
The revised poster clearly notes that narrow exemptions may apply to the pump at work requirements.
Illinois Labor Law Poster Update
All businesses within the State of Illinois must post the “Your Rights Under Illinois Employment Law”, “Paid Leave for All Workers”, “Know Your Rights: Workplace Discrimination is Illegal”, and “Employee Rights Under the Fair Labor Standards Act” posters along with other state-mandated posting requirements where they are sufficiently accessible and viewable to all employees. These changes have been reflected in our Illinois & Federal Labor Law Poster and require an immediate mandatory update. Failure to meet compliance requirements and display the updated posters could result in fines.
Order the Illinois & Federal Labor Law Poster to immediately include these required updates.
