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Total Articles: 12

Education: New Salary Posting Requirement Takes Effect January 1, 2012

Illinois School Code provisions requiring the reporting and posting of administrator and teacher salaries have gone through multiple revisions recently.

Am I Obligated to Pay a Pro Rata Bonus to Employees No Longer With The Company?

As the end of the year rolls around, we inevitably are asked questions related to the payment of bonuses, particularly for those employees who are terminated before annual bonuses are paid out.

Amendments to Illinois’ Wage Payment Law.

The new year brings tougher penalties for Illinois employers facing employee claims for unpaid wages as amendments to the Illinois Wage Payment and Collection Act (IWPCA) go into effect on January 1, 2011.

Illinois Governor Signs Wage Theft Enforcement Act

On July 30, Governor Quinn signed the Wage Theft Enforcement Act, S.B. 3568. The new law heightens criminal penalties for violations of the Wage Payment and Collection Act, making willful failure to pay wages due under the Act a class B misdemeanor for amounts of $5,000 or less, and a class A misdemeanor for larger amounts. Repeat offenses within two years of prior criminal conviction under the Act are now a class 4 felony.

Illinois Minimum Wage Rates Increase on July 1, 2010

The Illinois minimum wage rates increased on July 1, 2010. The minimum wage rate for adult employees increased to $8.25 per hour, although employers may pay new employees $7.75 per hour during their first 90 days of employment. The minimum wage rate for employees under 18 years of age increased to $7.75 per hour.

New Prompt Payment Act For Private Construction Projects.

Contractors and subcontractors in Illinois were recently equipped with a new legal tool to encourage timely payments from upstream parties. Earlier this year, the Illinois General Assembly passed the Contractor Prompt Payment Act, Public Act 95-0567, which became effective for contracts entered on or after August 31, 2007. The Contractor Prompt Payment Act (the “Act”) provides deadlines for approval and payment of pay applications for (1) contractors seeking payment from owners; and (2) subcontractors seeking payment from contractors and penalties for non-compliance.

Illinois Minimum Wage Increase Sent to Governor (pdf).

On November 30, 2006, the Illinois legislature increased the state’s minimum hourly rate to $7.50. This one-dollar increase is expected to be signed by the governor and will take effect July 1, 2007. The minimum wage will continue to increase by 25 cents a year until it reaches $8.25 on July 1, 2010. In order to lessen the impact on Illinois businesses, employers will be permitted to pay 50 cents less per hour to employees under the age of 18, and to new employees during the fi rst 90 days of their employment.

New Legislation Makes Punitive Damages Available in More Cases Under Illinois Minimum Wage Law (pdf).

Under the Illinois Minimum Wage Law (“IMWL”), an employee may assign his claim to the Illinois Department of Labor (“IDOL”) or fi le a lawsuit on his own behalf. In 2005, the Illinois Appellate Court for the First District held that punitive damages are only available when the employee assigns his claim to the IDOL.

New Illinois Legislation Expands Punitive Damages in Wage Actions (pdf).

New Illinois Legislation Expands Punitive Damages in Wage Actions.

Illinois Governor Signs Law Prohibiting Mandatory Nurse Overtime.

As recently reported in our Labor Law Bulletin (June 2005), the Illinois General Assembly passed a law prohibiting hospitals from requiring nurses to work mandatory overtime except in limited circumstances. On July 28, 2005, Governor Blagojevich signed the bill into law. Enacted as an amendment to the Illinois Hospital Licensing Act, Public Act 94-0349 is effective immediately.

Illinois Law Restricting Nurse Overtime Awaits Governor's Signature (pdf).

The Illinois House and Senate unanimously passed, and the Governor is expected to sign, new legislation prohibiting hospitals from requiring nurses to work mandatory overtime except in limited circumstances. Similar to requirements in ten other states, the legislation, known as Senate Bill 201 (SB-201), amends the Illinois Hospital Licensing Act and will become effective immediately when signed by the Governor. Illinois hospitals should be prepared to come into compliance on short notice.

Attention Illinois Employers (pdf)

As employers should already know, the new Fair Labor Standards Act regulations regarding overtime go into effect on August 23, 2004. In Illinois, however, a new minimum salary level threshold has already taken effect pursuant to an Illinois law signed on April 2, 2004.
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