Illinois Tees Up Employment Law Changes

January 24, 2020

Illinois’ myriad 2019 employment policy changes that take effect this year provide insight into trends that are likely to follow in other jurisdictions.

The Artificial Intelligence Video Interview Act imposes transparency, consent, and data-destruction requirements on employers using artificial intelligence to screen applicants.  The measure is the first of its kind in the nation and is a reaction to news reports that have raised ethical questions about certain products. 

Chicago passed arguably the nation's most expansive scheduling rights law, which will apply to health care and manufacturing employers in addition to those in the hotel, building services, retail, or warehouse services industries when it takes effect on July 1, 2020.

  • Covered employers will be required to provide employees 10 days' notice of their schedules beginning July 1, 2020.

  • Beginning July 1, 2022, the required notice period will extend to 14 days.

  • If a shift is altered after the deadline, a covered employee will have to be paid one extra hour of pay.  If an employee takes a shift less than 10 hours from their previous shift, they must be paid at 1.25 times their regular rate.  If a shift is cancelled or hours are reduced with less than 24 hours' notice, they must be paid 50% of their regular rate for the cancelled hours.

Salary history inquiries:  The Illinois Equal Pay Act was amended to prohibit employers from screening applicants based on current or prior salary, requesting or requiring salary history information of applicants, soliciting salary history information from previous employers, or factoring salary history information into compensation or hiring decisions.

Employment agreements:  Illinois’ new Workplace Transparency Act prohibits employers from conditioning employment offers on confidentiality clauses that would prevent workers from disclosing or making truthful statements about violations of EEO laws.  It also places strict requirements on employment severance or settlement-related agreements.  Employers may no longer unilaterally require mandatory arbitration of any claim arising under any law enforced by the Equal Employment Opportunity Commission or the Illinois Department of Human Rights.

Why it matters:  These issues are among the first of their kind in the country, and other states are paying close attention as they consider similar measures.  Next week: New York previews its employment policy priorities with Governor Cuomo's (D) newly-released budget.