The 2025 Roundup: Buckle Up, it is Going to be a Bumpy Ride

Last year, Illinois legislators were exceptionally busy, and that means big changes for employers in 2025.  It is hard enough for employers to keep up under normal times, now it is downright frustrating.  But never fear -- the Peoria Chamber has got your back!  The following is a list of some of the most impactful changes that went into effect on January 1, 2025. 

Illinois Pay Transparency 

The biggest change has been in the making for a number of years.  Effective January 1, 2025, Illinois employers with 15 or more employees are required to post the pay scale and benefits for a position on all job postings or disclose this information when requested by an applicant.  Employers are not required to make job postings under the law; it only applies when an employer chooses to publish a job opening.  If a job posting is not published, employers must provide pay scale and benefits information prior to any offer or discussion of compensation only when the applicant asks for it. The amendments do not apply to postings that generally seek applicants without reference to a specific job (e.g., a “help wanted” sign). 

This act defines pay scale and benefits as the wage or salary—or the wage or salary range—and a general description of the benefits and other compensation, including, but not limited to, bonuses, stock options, or other incentives the employer reasonably expects in good faith to offer for the position, set by reference to any applicable pay scale, the previously determined range for the position, the actual range of others currently holding equivalent positions, or the budgeted amount for the position, as applicable.  This includes all retirement and health benefits offered for the position.  

Illinois employers can comply by providing a link to a public website that discloses the pay scale and benefits for a particular position. 

Illinois’ pay transparency law is unique compared to similar laws in other states because third party service providers, which advertise and post job opportunities, may also be liable for failure to include pay scale and benefits information on job postings and advertisements.   

Whistleblower Act Amendments 

The new amendments require additional protections restricting employers from taking retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, practice that violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety.  The amendments define “adverse employment action” as an action that a reasonable employee would find materially adverse, meaning it could dissuade a reasonable employee from disclosing or threatening to disclose violations.  The Act also changes the definition of employee to include any individual permitted to work, with some exceptions and specifies that “retaliatory action”  includes but is not limited to intentionally interfering with an employee’s future employment, harassing an employee, or reporting (or threatening to report) an employee’s immigration status or that of a family member to any agency.  Last but not least, the Act ups the ante on possible penalties by restructuring the liquidated damages section, replacing consequential damages, and allowing for violations to be considered criminal, as opposed to civil penalties.  

Worker Freedom of Speech Act  

The new Worker Freedom of Speech Act prohibits an employer from retaliating or threatening to retaliate against employees for refusing to attend or participate in meetings about the employer’s religious or political opinions, or for refusing to listen to or receive communications about those opinions.  It also prohibits employers from coercing employees into attending those meetings or participating in those communications. 

Illinois Personnel Record Review Act 

The Illinois Personnel Record Review Act was amended to expand an employee’s rights to inspect and copy their employment records.  It sets forth a new and exact procedure employees and their representatives must follow when requesting employment records, requires employers to grant at least two requests for records per employee each calendar year, and also limits the fee that an employer can charge for employees' records to the actual cost of time spent duplicating the information. 

Child Labor 

Illinois employers must comply with new requirements when employing minors.  The state's previous child labor law was replaced with an updated Child Labor Law of 2024. The new Act covers minors under 16 years of age and is intended to provide the greatest protection of a minor’s well-being.  The new law requires employers to obtain a certificate for a minor's work, sets certain work hours, requires direct supervision, and more. 

Minimum Wage Increase 

Illinois Minimum Wage increased to $15.00 per hour on January 1, 2025. 

Illinois Human Rights Act 
The Illinois Human Rights Act was amended to prohibit employers from discriminating against employees based on an employee’s “reproductive health decisions and added the basis of family responsibilities.  It was also amended to extend the statute of limitations for filing discrimination complaints with the Illinois Department of Human Rights (IDHR) from 300 days to two (2) years from the date of an alleged civil rights violation. 

Now is the time to for employers to review their policies, postings and handbooks to ensure that they do not fall behind.  If the new legislation already in effect is any indication of what is to come, 2025 is going to be a challenging year for employers to remain compliant.  

Attorney Julie Proscia is an Equity Partner at Amundsen Davis, LLC and is a member of its Labor and Employment Practice Group.  Julie has been representing employers for over 20 years and is skilled at counseling and defending businesses in all aspects of employment law and traditional labor issues.