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Illinois Employers Face New Expense Reimbursement Requirements

On August 26, 2018, Illinois amended the Wage Payment and Collection Act (IWPCA) to include the requirement that employers reimburse employees for all expenses within the scope of their employment that are “directly related to services performed for [their] employer[s].” Effective January 1, 2019, the new law (820 ILCS 115/9.5) requires the following:

Illinois Requires Paid Break Time for Nursing Moms

Last Friday, August 21, 2018, Illinois governor Bruce Rauner signed a bill amending the Illinois Nursing Mothers in the Workplace Act (the “Act”) to provide paid break time to nursing mothers “as needed” to express milk during work hours. The new requirement took effect immediately, and applies to all Illinois employers with more than five employees.

Illinois Amends IHRA to Extend Filing Deadlines, Simplify Procedures, and Reduce Administrative Backlog

For years, Illinois employment lawyers have had the frustrating experience of trying to explain the quirks of Illinois Human Rights Act1 (IHRA) practice before the Illinois Department of Human Rights (IDHR) and Illinois Human Rights Commission (IHRC) to out-of-state clients and colleagues. For instance, the IDHR required a verified response, styled like an answer, to be submitted within 60 days, and did not permit extensions. It also maintained a 180-day charge-filing deadline, despite the fact that most charges in Illinois are cross-filed with the EEOC, which has a 300-day deadline, resulting in confusion as to timeliness.

Illinois Governor Vetoes Retainage Reform Bill

Illinois Governor Bruce Rauner vetoed Senate Bill 3052, commonly known as the retainage reform bill, on August 24, 2018. This bill was drafted and supported by the subcontractors lobby, was only lukewarmly embraced by the general contractors lobby, and was opposed by the private owners and developers lobby. It would have established a cap on retainage and mandated a retainage reduction midway through most private construction projects.

Illinois Requires Paid Breastfeeding Breaks

Illinois has amended its Nursing Mothers in the Workplace Act in a way that appears to require covered employers to pay for any reasonable breastfeeding breaks, regardless of their length.

Illinois Expands Protections for Nursing Mothers in the Workplace

On August 21, 2018, Illinois Governor Bruce Rauner signed House Bill 1595 (“HB 1595”) amending the Nursing Mothers in the Workplace Act1 (the “Act”). Effective since 2001, the Act applies to employers with more than five employees and grants reasonable break time each day to an employee needing to express breast milk for her infant child. HB 1595 makes several significant changes to the Act, including to the compensability of break time under the Act, and the scope of an employer’s ability to avoid providing the required break time to its employees.

Illinois Secure Choice Retirement Savings Program No Longer Mandatory?

The future of the Illinois Secure Choice Savings Program Act (Secure Choice) is uncertain following Governor Bruce Rauner’s amendatory veto that could make employer participation in the Secure Choice program optional.

What Employers Need to Know About the Illinois Secure Choice Mandatory Retirement Savings Program

Employers in Illinois with at least 25 employees must comply with the Illinois Secure Choice Savings Program Act (Secure Choice) or offer employees an employer-sponsored retirement plan. Secure Choice is set to roll out in November 2018.

Illinois Secure Choice Savings Program – A Mandatory Retirement Plan

Employers in Illinois with at least 25 employees must comply with the Illinois Secure Choice Savings Program Act (Secure Choice) or offer employees an employer-sponsored retirement plan. Secure Choice is set to roll out in November 2018.

When Must Commissions Be Paid?

Many wage laws and jurisdictions give deference to employment agreements or even past employer practices when determining when commissions are "earned" by an employee and must be "paid" by an employer. As a recent decision illustrates, even in these states employers should not assume that complete deference will be given to the parties' terms without some consideration as to the work performed by the employee and its relationship to the employer's definition of commissions "earned".