2019 HR Resolution Checklist: New Illinois Employment Laws

Legal updates

2019 HR Resolution Checklist
New Illinois Employment Laws 

January 23, 2019

While New Year’s Resolutions are still fresh in our minds, we have prepared an HR “Resolution Checklist” to address compliance with new Illinois laws in effect for 2019. 

  • Post the required ISERRA poster. The Illinois Service member Employment & Reemployment Rights Act, 330 ILCS 61/1 et. seq., is a complete overhaul of the various military leave laws in Illinois. This law imposes obligations on all Illinois employers to provide military leave and reemployment rights. The law also imposes additional responsibilities on Illinois public employers. An overview of those responsibilities can be found here, and Illinois public employers will want to review their military leave policies and procedures to ensure compliance with these additional requirements. All employers should ensure compliance with the notice provisions of the law by posting the required poster, which can be found here. 
  • Post the updated notice of rights under the IHRA. The Illinois Human Rights Act was amended effective June 8, 2018 to require employees to receive notice about their right to be free from workplace sexual harassment. A copy of the revised poster can be found here. The law also expands the Department’s “hotline” to include receipt of concerns regarding discrimination, not just harassment. Finally, the law coordinates the timeframe for filing charges of discrimination at the Illinois Department of Human Rights with the timeframe for filing charges of discrimination with the U.S. Equal Employment Opportunity Commission—now, a 300-day filing period applies to both. Note that this change may require a technical change in some employers’ policies. As a result, now may be the time to review and refresh your non-discrimination and anti-harassment policies. 
  • Review your reimbursement policies. The Illinois Wage Payment and Collection Act was amended effective January 1, 2019, to require employers to reimburse employees for all “necessary expenditures” required by an employee “in the discharge of employment duties” that “inure to the primary benefit of the employer.” The law does contain important checks and balances that should be reflected in an employer’s policy: first, the law only requires reimbursement for authorized or required expenditures; second, if an employer has a written expense reimbursement policy and an employee does not comply with the policy, then the employer does not need to reimburse the expense; and finally, the law requires employees to submit documentation of a “necessary expenditure” within 30 calendar days of incurring the expense. Employers with existing reimbursement policies will want to review them to ensure that they clearly define authorized expenditures and the process for seeking reimbursement. Employers without a reimbursement policy may find it helpful to adopt one.   
  • Review your employment contracts with public employees. Under the Government Severance Pay Act, which took effect January 1, 2019, public employers may not provide severance payments under a contract or employment agreement in an amount greater than 20 weeks of compensation. The law also prohibits any payment of severance when an officer, agent, employee or contractor has been fired for misconduct as defined by the law. All service contracts or individual employment agreements negotiated or renewed after the effective date should be carefully drafted to reflect these restrictions (when applicable).  

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