Illinois legislators have been busy the last couple of years making changes to the Illinois Equal Pay Act. To recap, in 2021, we reported on an amendment to the Illinois Equal Pay Act, which imposed new equal pay compliance requirements and created new obligations for private employers with more than 100 employees in Illinois. In 2022, we reported on the long-awaited guidance on those new requirements from the Illinois Department of Labor.
Now, in 2023, a new bill – HB3129 – is quickly making its way through the Illinois House and, if passed and signed into law, would again amend the Illinois Equal Pay Act and significantly redefine how employers post jobs in Illinois. Here are some key takeaways from the bill.
The bill is not expected to stay in its original form, and in fact, the first amendment to HB3129 is quickly making its way through House committees. Specifically, on March 21, 2023, House Floor Amendment No. 1 to HB3129 was filed and referred to the Rules Committee, and the next day on March 22, 2023, the amendment was referred to the Labor & Commerce Committee. On March 23, 2023, the Labor & Commerce Committee recommended that House Floor Amendment No. 1 be adopted.
House Floor Amendment No. 1 to HB3129 expands the bounds of the HB3129 by imposing additional requirements for employers and providing clarification on ambiguity in HB3129:
While we wait to learn more about the status of HB3129, House Floor Amendment No. 1, and any future modifications to the bill, employers should consider contacting a Thompson Coburn Labor and Employment attorney, or other counsel, to discuss potential permanent adjustments employers may need to make to their job postings in Illinois if this bill, or a version of it, should pass through the General Assembly and be signed into law.
Zoe Spector, Chuck Poplstein and Susan Lorenc are attorneys in Thompson Coburn’s Labor & Employment group.
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