3 Important Illinois Employment-related Changes Effective 1/1/2011:
Children & Grandparents Now Eligible for Family Military Leave
Effective January 1, 2011, employees who are the child or grandparent of a person called into active military service are entitled to the same leave previously provided to spouses and parents under the Family Military Leave Act. Under the expanded definition of “family military leave” (IL S 3818), employers with 50 or more employees will be required to provide up to 30 days of unpaid family military leave to a worker when their spouse, child, parent, or grandchild is being deployed.
Increased Penalties under the Wage Payment & Collection Act
The new law (IL S 3568) amends existing state law to help Illinois workers recover unpaid wages more quickly. Civil and criminal penalties for wage theft will increase under the new law. Workers will now be able to take alleged violations directly to the state circuit court and collect all costs and reasonable attorney’s fees. The Illinois Department of Labor (IDOL) will also establish a streamlined process to resolve small claims ($3,000 or less per employee). For the first time, employees will be expressly allowed to file class action lawsuits against employers. Additionally, workers will be protected from retaliation for reporting alleged violations in public forums.
Job Seeker & Employee Credit History Privacy
The Employee Credit Privacy Act ( IL H 4658) prohibits employers from using a person’s credit report or credit history as a basis for employment, discharge, or compensation. Under the new law, an employer may not “[f]ail or refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment because of the individual’s credit history or credit report”, inquire about an applicant’s or employee’s credit history, or order or obtain an applicant’s or employee’s credit report from a consumer reporting agency. The credit check prohibition does not apply where a satisfactory credit history relates to a bona fide occupational requirement.