Illinois: Equal Pay, Expense Reimbursement, and Military Leave Updates

APPLIES TO

All Employers with IL Employees

EFFECTIVE

January 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

HB 4743 amended the Illinois Equal Pay Act to prohibit paying wages to an African-American employee at a rate less than wage rates paid to non-African-American employees for the same or substantially similar work on jobs that require equal skill, effort and responsibility, and are performed under similar working conditions, with limited exceptions.

SB 2999 requires employers to reimburse employees for all authorized, necessary expenditures or losses incurred by the employee within the employee’s scope of employment and directly related to the services performed for the employer. Employees must be given at least 30 days to submit expense documentation. Employers are not responsible for losses due to an employee’s own negligence, normal wear, or theft (unless the theft was a result of the employer’s negligence). An employee is not entitled to reimbursement if the employer has a written expense reimbursement policy and the employee failed to comply with it.

SB 3547 created the Illinois Service Member Employment and Reemployment Rights Act (ISSERA) to incorporate and expand the protections of the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), and repeal the state Military Leave of Absence Act, Public Employee Armed Services Rights Act, Municipal Employees Military Active Duty Act, and Local Government Employees Benefits Continuation Act. The Illinois Family Military Leave Act is still in effect.

Action Items

  1. Update hiring and pay setting practices consistent with the new requirements.
  2. Have applicable managers trained on Equal Pay Act requirements.
  3. Have a compensation audit performed to identify wage differentials.
  4. Have expense reimbursement policies updated consistent with the new requirements and distribute the policy to employees.
  5. Update accounting procedures consistent with expense reimbursement policies.
  6. Have leave policies updated for current requirements.
  7. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

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