ILLINOIS by benbenzhou

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									       Human Resource
State Employment Law Summary




                      ILLINOIS
                                                       Table of Contents
                                                                                                                                                  Page

Appearance and Grooming.................................................................................................................... 1
   Uniforms ..................................................................................................................................... 1
Arrest and Conviction Records ............................................................................................................. 1
At-Will Employment ............................................................................................................................. 1
Breaks and Rest Periods ........................................................................................................................ 2
   Adults .......................................................................................................................................... 2
   Minors ......................................................................................................................................... 2
   Breastfeeding .............................................................................................................................. 2
Child Labor ............................................................................................................................................ 2
   Federal Law ................................................................................................................................ 2
   Types of Work ............................................................................................................................ 3
     Minors Under 16 ..................................................................................................................... 3
   Hours of Work ............................................................................................................................ 3
     Minors Under Age 16 ............................................................................................................. 3
     Minors Under Age 14 ............................................................................................................. 3
     Minors Age 8-13 ..................................................................................................................... 4
     Minors Under Age 8 ............................................................................................................... 4
   Permits and Postings ................................................................................................................... 4
COBRA ................................................................................................................................................. 4
   Insurance Continuation ............................................................................................................... 4
Day of Rest ............................................................................................................................................ 5
Emergency Procedures .......................................................................................................................... 5
Employee Conduct and Work Rules ..................................................................................................... 6
   Guns in the Workplace................................................................................................................ 6
Equal Employment Opportunity and Equal Pay ................................................................................... 6
Family and Medical Leave (FMLA) ..................................................................................................... 6
   FMLA ......................................................................................................................................... 6
   School Visits ............................................................................................................................... 7
Files and Access .................................................................................................................................... 7
   Employee Review of Files .......................................................................................................... 7
   Location ...................................................................................................................................... 7
   Copies ......................................................................................................................................... 8
   Judicial Proceedings.................................................................................................................... 8
   Employees with Current Grievances .......................................................................................... 8
   Review and Rebuttal ................................................................................................................... 8
   Release to Third Parties .............................................................................................................. 8
   Restricted Categories of Information .......................................................................................... 8
   Director of Labor ........................................................................................................................ 9
Hiring Procedures .................................................................................................................................. 9
   Credit and Investigative Checks ................................................................................................. 9
   New Hire and Rehire Reporting ............................................................................................... 10
   Mandatory Background Checks ................................................................................................ 10
Holidays ............................................................................................................................................... 10
Inventions ............................................................................................................................................ 10
Jury, Witness, and Voting Leave......................................................................................................... 11
  Jury Leave ................................................................................................................................. 11
     Generally ............................................................................................................................... 11
     Notice .................................................................................................................................... 11
     Discharge and Reinstatement ................................................................................................ 11
     Compensation Not Required ................................................................................................. 11
     Remedies ............................................................................................................................... 11
  Witness Leave ........................................................................................................................... 12
  Voting Leave ............................................................................................................................. 12
Labor-Management Relations ............................................................................................................. 12
Layoff and Reduction in Force............................................................................................................ 12
Medical Testing and Examinations ..................................................................................................... 12
  Drug Testing ............................................................................................................................. 12
     Generally ............................................................................................................................... 12
     Drug Free Workplace Act ..................................................................................................... 13
  Medical Examinations .............................................................................................................. 13
  Genetic Testing ......................................................................................................................... 13
  HIV Testing .............................................................................................................................. 13
Military Leave ..................................................................................................................................... 13
Noncompetition Agreements............................................................................................................... 14
Overtime .............................................................................................................................................. 14
Polygraph/ Lie Detector Tests ............................................................................................................. 14
Privacy ................................................................................................................................................. 14
  After Hours Conduct ................................................................................................................. 14
  Inquiries into Benefits Claims .................................................................................................. 14
  Permissible Recordings ............................................................................................................. 14
Reference Requests ............................................................................................................................. 15
  Protection for Employers .......................................................................................................... 15
Sick Leave ........................................................................................................................................... 15
Smoking ............................................................................................................................................... 16
  Designated Areas ...................................................................................................................... 16
  Use of Lawful Products Off the Premises................................................................................. 16
Termination Procedures....................................................................................................................... 16
  Paychecks .................................................................................................................................. 16
Unemployment Compensation ............................................................................................................ 16
Vacations ............................................................................................................................................. 16
Wages and Hours................................................................................................................................. 17
  Paydays ..................................................................................................................................... 17
  Minimum Wage ........................................................................................................................ 17
  Withholding or Docking Pay .................................................................................................... 17
  Garnishment .............................................................................................................................. 17
  Direct Deposit ........................................................................................................................... 17
  Postings ..................................................................................................................................... 18
  Living Wage.............................................................................................................................. 18
Whistleblower Protection .................................................................................................................... 18
Worker's Compensation ...................................................................................................................... 18
Pre-Employment Inquiry Guide .......................................................................................................... 18
Required Posters .................................................................................................................................. 18
  Required Federal Posters .......................................................................................................... 19
  Required Illinois Posters and Contacts ..................................................................................... 19
____________________
                           STATE LAW SUMMARY

Appearance and Grooming


  Uniforms

  Under Illinois law employers may not deduct the cost of purchasing and/or of cleaning uniforms
  required by the employer from an employee's wages or final compensation, unless the
  employee's express written consent is given freely at the time the deduction is made.

Arrest and Conviction Records


  In Illinois, it is against the law for any employer, employment agency or labor organization to
  inquire into or use arrest information or criminal history record information which has been
  expunged, sealed or impounded as a basis to refuse to hire, segregate, or to act with respect to
  the following: Recruitment, hiring, promotion, renewal of employment, selection for training or
  apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment.

  However, these provisions do not prohibit a private organization from utilizing conviction
  information, not sealed or expunged, that is obtained from the Illinois Department of State
  Police in evaluating the qualifications or character of an employee or a prospective employee.

  Caution: Private employers considering using arrest or conviction records should do so with
  caution, even in states that allow the use of arrest or conviction records for employment
  purposes. An arrest might never result in a criminal guilty plea or conviction and it is always
  possible that a person has been arrested for something he or she did not do. Moreover, the
  federal Equal Employment Opportunity Commission has stated that use of conviction records
  might be discriminatory given that, according to the EEOC, minorities are often more likely to
  have such a record. The EEOC cautions that employers should only inquire about felony
  convictions, should state that a criminal record is not an automatic bar to employment and
  should ensure that there is a legitimate business reason for requesting such information.
  Employers should consult with their attorneys for more information and guidance on this issue.

At-Will Employment


  Illinois law provides that an employment relationship of indefinite duration is an at-will
  relationship and can be terminated by either party without cause. Handbook provisions may
  become a part of an employment contract where they constitute an offer definite in form that is
  communicated to and accepted by an employee who gives consideration for the enforceability
  of the offer. Adequate contract disclaimers and at-will statements in documents given to
  employees (e.g., handbooks, policies, etc.) can help minimize the risk that such documents can
  be alleged to have created express or implied employment contracts. Illinois law also recognizes
  that discharges that are violations of public policy can create a claim for wrongful termination.
  This type of claim is typically one brought by a whistleblower or some other person asserting a
  legally protected right or by a person who has refused to commit an illegal act or who has
  reported one. These claims are based on statutes, constitutional provisions or regulations (e.g.,
  you cannot fire someone for filing a worker's compensation claim).

Breaks and Rest Periods


  Adults

  In Illinois, employees are required to be given at least twenty minutes for a meal period, which
  can begin no later than 5 hours after the start of an employee's work period for employees
  working for seven and one half continuous hours or longer. Meal breaks of less than twenty
  minutes are considered “hours worked” and must be paid. This provision is inapplicable to
  employees for whom meal periods are established through a collective bargaining process. No
  Illinois law requires employers to give separate rest breaks. Special rules apply to minors.

  Minors

  Illinois minors under age 16 may not work for more that five hours without a thirty-minute rest
  uninterrupted break.

  Breastfeeding

  Illinois employers must allow nursing mothers to take at least one unpaid break period during
  each workday in order to express breast milk. An employer must make a reasonable effort to
  provide a private room or area (not a toilet stall) to accommodate nursing mothers.

Child Labor


  Illinois law regulates both the type of work and the hours of work in which minors can engage.

  Federal Law

  Minors may be limited in the hours they work and may not be employed in occupations
  considered hazardous by federal law or by the U.S. Department of Labor’s rules and regulations.
  When school is in session, federal law requires work of minors age 14 and 15 to be limited to
  three (3) hours per day and eighteen (18) hours per week. When school is not in session, minors
  age 14 and 15 may work up to eight (8) hours per day and forty (40) hours per week between
  7:00 a.m. and 7:00 p.m. (or 9:00 p.m. June 1 through Labor Day). Federal law does not limit
  work hours for minors age 16 and 17, regardless of whether or not school is in session. Except
  in limited circumstances, employers are generally prohibited from hiring minors under age 14.
  In addition to these federal restrictions, the following provisions address employment of minors
in Illinois. Additional Illinois provisions regulate both the type and hours of work in which
minors can engage. Note that the stricter law, the one that most benefits employees, prevails.

Types of Work

Generally, minors cannot be employed in jobs deemed to be hazardous by the relevant authority.

   Minors Under 16

   Minors under age 16 are prohibited from being employed in connection with any of the
   following: Theater, concert hall or place of amusement, other mercantile institution,
   store, hotel, office or laundry, manufacturing establishment, mill, cannery, factory or
   workshop, restaurant or lunch room, beauty parlor or barbershop, bakery, coal, brick,
   lumber yard, or any other type of construction work.

   Additionally, no minor under age 16 may work in any of the following: Industrial
   homework, delivery service, bowling alley, amusement park, garage, hotel or rooming
   house, work involving power machinery, cleaning or oiling of machinery, mine or quarry
   work, stone cutting, hazardous factory work, any work with explosives, work with heat,
   iron, and steel, operation of elevators, work with spray paints or other poisonous
   chemicals, work in establishments serving alcohol unless as a busperson or kitchen staff,
   refineries, laundries, jobs involving radioactive chemicals, construction, roofing,
   excavating, logging, utilities, slaughterhouse work, operations on elevated surfaces,
   security positions involving a firearm, handling of blood or tissue, skating rinks, pool or
   billiards.

Hours of Work

   Minors Under Age 16

   Minors who are under the age of 16 may not work over eight hours per day, forty-eight
   hours per week, or six consecutive days per week. In addition, a minor under age 16 may
   not work over three hours per day or twenty-four hours per week when school is in
   session. Minors under age 16 may work both Saturday and Sunday for not more than
   eight hours each day if the minor does not work outside school more than six consecutive
   days in any one week and if the number of hours worked by the minor outside school
   does not exceed twenty-four. In addition, minors under 16 are prohibited from working
   between 7 p.m. and 7 a.m. from Labor Day until June 1st, or 9 p.m. to 7 a.m. from June
   1st until Labor Day, unless a certificate for work hours waiver is obtained.

   Minors Under Age 14

   Minors age 14 or older who are employed in recreational or educational activities in a
   municipal park and/or recreation department while in school may work up to three hours
   per school day twice a week, but no later than 9 p.m., if the number of hours worked by
   the minor outside school in any week does not exceed twenty-four; or between 10 p.m.
   and 7 a.m. during that school district's summer vacation, or if the school district operates
   on a twelve month basis period, during the period when school is not in session. These
    individuals cannot work over five hours continuously without a thirty-minute meal
    period.

    Minors Age 8-13

    Minors age 8-13 can be employed as models for as many as three hours per day, or four
    hours when school is not in session. Minors under age 14 cannot be employed for more
    than eighteen hours in a week in which school is in session or work more than three days
    per week. Further, they may not be employed for more than twenty hours during any
    week in which school is not in session for at least three days. Minors under age 16 who
    are in television or motion picture productions must be provided with a twelve-hour rest
    period at the end of the workday and prior to the next day of work or school.

    Minors Under Age 8

    May be employed as models for not more than two hours in one day or ten hours in one
    week.

    Caution: Illinois laws regulating minors’ hours of work tend to be less stringent than
    federal regulations, as such, employers should ensure compliance with both state and
    federal law when applicable.

 Permits and Postings

 Illinois employers must obtain and maintain a minor work permit before employing any minor
 under age 16. Employers must also post notices informing minor employees as to the hours
 when work must begin and end, times allowed for meals and rest, and jobs prohibited for their
 age group.

 Child labor law can be both challenging and confusing. Employers of minors should
 closely review federal and state child labor law differences and contact their attorneys or
 the Department of Labor to ensure they are in full compliance.

COBRA


 Insurance Continuation

 Many states have legislation requiring small employers (those not subject to COBRA) to
 provide insurance continuation if an employee becomes ineligible for group coverage (such as
 through a termination). Such provisions are complex and very technical. You may want to
 contact your attorney or insurance broker to determine if you are meeting all applicable federal
 and state requirements.
Day of Rest
  Illinois law provides that employees be given at least 24 consecutive hours of rest in every
  calendar week in addition to the regular period of rest which they are allowed at the close of
  each working day. The required rest period is inapplicable to:

  1. Part-time employees whose total work hours for one employer during a calendar week do
     not exceed 20.

  2. Employees who are needed to respond to a breakdown of machinery or equipment or to
     respond to another emergency requiring immediate services of experienced and
     competent labor to prevent injury to persons.

  3. Agricultural and coal mining employees.

  4. Watchman or security guards.

  5. Employees employed in bona fide executive, administrative, or professional capacities.

  6. Outside sales persons.

  7. Employees engaged in the canning and processing of perishable products, if the
     employees are employed on a seasonal basis and for not more than twenty weeks during
     any calendar year or 12-month period.
  Employers are required to post in a conspicuous place, a schedule listing the employees required
  or allowed to work on Sunday. The list shall indicate the day of rest for each employee.
  Employees are not required to work on their designated day of rest. Employees may receive
  permits authorizing their employment on their day of rest. However, permits shall not authorize
  employment for seven days a week for more than eight weeks in any one year, unless the
  Illinois Director of Labor finds it necessary for employment of these employees on their
  designated day of rest because it cannot be remedied by increasing the number of employees or
  by adjusting production schedules. The director will give due consideration to the business
  necessity and economic viability for granting the permits.

Emergency Procedures
  Effective January 1, 2004, the Emergency Evacuation Plan for People with Disabilities Act
  requires owners of high-rise buildings (defined as 80 feet or higher) to implement emergency
  evacuation plans providing procedures for evacuating persons with disabilities. The plan must
  include practice drills held at least once each year.
Employee Conduct and Work Rules


  Guns in the Workplace

  Workplace violence continues to be a concern for employers. Many organizations adopt
  policies (such as the one found in the HRN manual) banning guns and other weapons on
  company property. However state law differs widely regarding employees’ weapons rights.
  You may want to contact the state employment agency or an attorney for further information
  regarding your specific policy and any possible liability that may result.

Equal Employment Opportunity and Equal Pay


  Similar to federal law, Illinois state law prohibits discrimination in employment or terms and
  conditions of employment based on race, color, religion, national origin, sex, age (40 and over),
  ancestry, handicap or disability.

  Discrimination is also prohibited based on marital status, military status, citizenship status, and
  employee arrest records. Employer retaliation or reprisal is also prohibited. Additionally,
  employers may not test for or release the test results for HIV without written authorization from
  the employee. Included in unlawful discrimination is wage discrimination (for employers with
  six or more employees) based on gender, and gender discrimination in the form of sexual
  harassment. Complaints of discrimination are filed with the Illinois Department of Human
  Rights and can be remedied with injunctive relief (e.g., required hiring, reinstatement, cease and
  desist orders), damages and attorney's fees and costs.

  Illinois’ discrimination provisions generally apply to employers with fifteen (15) or more
  employees, however discrimination laws regarding mental or physical handicaps apply to
  Illinois employers with one (1) or more employees.

  Caution: Some municipalities may have adopted ordinances expanding EEO protections. For
  example, the city of Normal, Illinois prohibits discrimination based on sexual orientation; Cook
  County protects transsexuals or transgendered individuals; and the city of Chicago prohibits
  discrimination based on “gender identity”. (Please check local laws for more details.)

Family and Medical Leave (FMLA)


  FMLA

  No Illinois family and medical leave statute affecting private employers has been enacted which
  imposes greater requirements than the federal FMLA.
    Caution: Complying with the federal FMLA (and state law, if applicable) can be both
    challenging and confusing. You will likely want to contact your attorney, the Federal
    Department of Labor, or the appropriate state agency for further information and clarification.

    School Visits

    Under certain conditions, Illinois employers, with 50 or more employees, are required to
    provide leave for employees to make school visits. Employees are eligible for such leave if they
    have worked on at least a half-time basis during 6 consecutive months. The maximum leave is
    4 hours per day up to a maximum of 8 hours each year. Companies may refuse to grant such
    leave if it would result in more than 5% of employees on a shift being absent for school leave
    purposes. Employees are required to submit written leave requests at least 7 days in advance.
    (Emergencies require 24 hours notice.) Employees must use all accrued vacation and personal
    leave before requesting unpaid school leave. Such leave is unpaid unless an employee is able to
    "make up" the time as directed by the employer.

Files and Access
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    Employee Review of Files

    In Illinois, employers must permit employees to inspect any personnel documents which are,
    have been or are intended to be used in determining the employee's qualifications for
    employment, promotion, transfer, additional compensation, discharge or other disciplinary
    actions. The inspection right includes personnel documents in the possession of a person,
    corporation, partnership, or other association having a contractual agreement with the employer
    to keep or supply a personnel record. An employee may request all or any part of the records
    with certain limited exceptions. The employer must grant at least two inspection requests by an
    employee in a calendar year when requests are made at reasonable intervals, unless otherwise
    provided in a collective bargaining agreement. The employer shall provide the employee with
    the inspection opportunity within seven working days after the employee makes the request, or
    if the employer can reasonably show that such deadline cannot be met, then the employer will
    have an additional seven days to comply.

    Location

    The inspection must take place at a location reasonably near the employee's place of
    employment and during normal working hours. The employer may allow the inspection to take
    place at a time other than working hours or at a place other than where the records are
    maintained if that time or place would be more convenient for the employee. However, the
    employee may not remove any part of the personnel record when it is made available for
    inspection. Employers are required to protect their records from loss, damage, or alteration and
    to ensure the integrity of them. If, however, an employee demonstrates that they are unable to
    review their personnel record at the employing unit, the employer shall, upon the employee's
    written request, mail a copy of the requested record to the employee.
Copies

Employees are entitled to a copy of their record; however, employers may charge the employee
the actual cost of duplicating the information.

Judicial Proceedings

Information that was not included in the employer's file may not be used in a judicial or quasi-
judicial proceeding. However, personnel record information which, in the opinion of the judge
in a judicial proceeding or the hearing officer in a quasi-judicial proceeding, was not
intentionally excluded from the personnel record may be used by the employer in the
proceeding if the employee agrees or has been given a reasonable time to review the
information.

Employees with Current Grievances

Employees who are involved in a current grievance against the employer may designate in
writing a representative of the employee's union or collective bargaining unit or other
representative to inspect the employee's personnel record, which may have a bearing on the
resolution of the grievance, with limited exceptions. Employers must allow a designated
representative to inspect the employee's personnel record.

Review and Rebuttal

If an employee disagrees with any information contained in the personnel record, the employer
and employee may agree to a removal or correction of that information. If an agreement cannot
be reached, the employee may submit a written statement explaining the employee's position.
The employer must attach the employee's statement to the disputed portion of the personnel
record, and the statement must be included whenever that disputed portion of the personnel
record is released to a third party as long as the disputed record is a part of the file. The
inclusion of any written statement attached in the record without further comment or action by
the employer does not create any implication or presumption of employer agreement with its
contents. If either the employer or the employee knowingly places false information in the
personnel record, the employer or employee, whichever is appropriate, can have the information
expunged.

Release to Third Parties

Employers must review a personnel record before releasing the information to a third party and,
except where the release is ordered to a party in a legal action or arbitration, delete disciplinary
reports, letters of reprimand, or other records of disciplinary action which are more than four
years old.

Restricted Categories of Information

Employers may not gather or keep a record of an employee's associations, political activities,
publications, communications or non-employment activities, unless the employee submits the
information to the employer in writing or authorizes the employer in writing to keep or gather
  the information. However, this prohibition does not apply to the activities that occur on the
  employer's premises or during the employee's working hours with the employer which interfere
  with the performance of the employee's duties or the duties of other employees or activities,
  regardless of when and where, which constitute criminal conduct or may harm the employer's
  property, operations or business, or could by the employee's action cause the employer financial
  liability.

  Director of Labor

  Finally, the Illinois Director of Labor or its authorized representative is responsible for
  administering and enforcing these provisions. In connection, the Director of Labor may issue
  rules and regulations necessary to administer and enforce these provisions. Information about
  the Illinois Department of Labor is available at www.state.il.us/agency/idol.

Hiring Procedures


  Credit and Investigative Checks

  No Illinois credit or investigative check requirements have been adopted that exceed those
  required by the federal Fair Credit Reporting Act and Consumer Credit Reform Act of 1996.
  Under federal law, employers may not obtain a consumer report, (which includes checks on an
  employee's or applicant's credit standing, and which is obtained through a consumer reporting
  agency), unless a clear and conspicuous written disclosure has been made to the applicant or
  employee before the report is performed and the employer obtains written authorization from
  the applicant or employee. The disclosure must be made in a separate written document (not as
  part of a job application or other form) and must consist solely of the disclosure. Credit checks
  must be used for employment purposes only and may not be used discriminatorily in violation
  of any applicable federal or state law or regulation. Employers must also make written
  disclosures of investigative reports where personal information such as the applicant's or
  employee's character, reputation, etc is obtained through interviews with neighbors, friends, and
  others.

  Before an adverse employment action (such as refusal to hire) is taken based in whole or in part
  on information reported in a consumer or investigative report, the employer must inform the
  applicant or employee, and provide a copy of the report and a summary of consumer rights
  under the law. A post adverse action notice is also required under federal law. You may want
  to consult your legal counsel for detailed information.

  Caution: While not always required by law, it is generally a good practice to get releases from
  applicants for any background checks undertaken. You may want to contact your attorney for
  release requirements and related details.
  New Hire and Rehire Reporting

  In order to improve child support enforcement efforts, the Federal Personal Responsibility and
  Work Opportunity Reconciliation Act of 1996 requires employers to report their new
  employees, rehires, or recalls to the state new hire registry.

  Additionally, Illinois employers must report new hires or rehires within 20 days of their
  employment date to the Illinois Department of Employment Security. The report must include
  the employee's name, address, and social security number, and employer's name, address, and
  federal employer identification number. The employer may submit the report on a W-4 form or
  a similar form. Employers that knowingly fail to comply with these reporting requirements are
  subject to a $15 fine for each individual who is not reported.

  Mandatory Background Checks

  Many states require mandatory background checks of applicants in certain highly sensitive areas
  such as in teaching, childcare, healthcare and security positions. Such checks may include
  criminal history and fingerprint checks, various reporting requirements, and requiring job
  references. Contact your local state agency or attorney for further information.

Holidays


  No Illinois statute has been enacted requiring private employers to give employees paid holiday
  time off or to pay premium pay for time actually worked on holidays.

Inventions


  Illinois protects an employee’s invention rights. In Illinois, any provision in an employment
  agreement which provides that an employee shall assign or offer to assign any of the employee's
  rights and inventions to the employer is not enforceable with regard to an invention to which
  none of the employer’s equipment, supplies, facilities, or trade secret information were used and
  which was developed entirely on the employee's own time, unless,

  The invention relates to the following: the business of the employer, or to the employer's actual
  or demonstrably anticipated research or development, or the invention results from any work
  performed by the employee for the employer.

  Employees bear the burden of proof in establishing that their invention qualifies for protection.
  Additionally an employer may not, as a condition of employment or continued employment,
  require an employee ascribe to an invention agreement made unenforceable under this section.
  Contracts which contain, as part of their employment agreements entered into after January 1,
  1984, a provision requiring the employee to assign any of the employee's rights in any invention
  to the employer, must also, at the time the agreement is made, provide a written notification to
  the employee that the agreement does not apply to any inventions for which no equipment,
  supplies, facility, or trade secret information of the employer was used.

Jury, Witness, and Voting Leave


  Jury Leave

     Generally

     In Illinois, employees must be given time off from their employment to serve on the jury
     for which the employee is summoned, regardless of the employment shift such employee
     is assigned to at the time of service of such summons.

     Notice

     An employee must give their employer reasonable notice of the required jury service,
     including delivery of a copy of the summons within ten days of the date of issuance of
     the summons to the employee.

     Discharge and Reinstatement

     Employers are not allowed to discharge, threaten to discharge, intimidate or coerce any
     employee by reason of the employee's jury service. Employees who are reinstated to a
     position of employment must be considered as having been on furlough or leave of
     absence during their period of jury service, shall be reinstated to their position of
     employment without loss of seniority, and shall be entitled to participate in insurance or
     other benefits offered by the employer under established rules and procedures relating to
     employees on furlough or leave of absence in effect with the employer at the time the
     employee began jury service.

     Compensation Not Required

     No Illinois statute requires payment for jury duty, however the federal Fair Labor
     Standards Act restricts deductions from the pay of salaried, exempt employees.

     Caution: Employers should consider contacting their attorneys before denying pay for
     jury leave.

     Remedies

     Employers who violate these provisions may be held in contempt of court and liable for
     damages for any loss of wages or other benefits suffered by an employee by reason of the
     violation, or be enjoined from further violations and be ordered to reinstate any employee
     discharged by reason of jury service. The court may award a prevailing employee its
     reasonable attorney's fee.
  Witness Leave

  Employers are not permitted to discharge or terminate or threaten to discharge or terminate, or
  otherwise punish or penalize any employee who is a witness to a crime, because of time lost
  from regular employment resulting from their attendance at any proceeding because they have
  responded to a subpoena issued in any criminal proceeding. Employers who knowingly or
  intentionally violate this provision will be punished for contempt of court. However, employers
  are not required to pay an employee for time lost resulting from the employee's attendance at
  any proceeding.

  Voting Leave

  Employees in Illinois must be allowed two hours of leave time to vote. Employees may not be
  penalized for taking voting leave, however leave does not have to be paid. Additionally,
  employers may require that leave be requested prior to Election Day, and employers may
  specify the hours during which employees may be absent. Employees are entitled to vote in
  primary, consolidated primary, general or special elections, or elections at which propositions
  are submitted to popular vote.

Labor-Management Relations
  Various labor relations laws allow and/or regulate the rights of employees to unionize, bargain
  collectively, file grievances, picket, strike, and wear union insignia and govern the resolution of
  labor disputes. Contact the appropriate state agency for more information. Note also that federal
  law governs, and in fact pre-empts, many aspects of this area of law.

Layoff and Reduction in Force


  No applicable Illinois statute exists. Illinois has not enacted a state "WARN" law or other
  legislation regarding layoffs. However, employers must still comply with the federal WARN
  Act.

Medical Testing and Examinations


  Drug Testing

     Generally

     Drug testing of employees or applicants is allowed under Illinois law. Drug testing in a
     discriminatory manner may give rise to a civil rights claim on the part of an employee or
     applicant.
     Drug Free Workplace Act

     Illinois has an extensive “Drug Free Workplace Act,” that requires certain employers
     receiving state contracts to establish a drug free workplace through various education and
     awareness programs. Employers can find the full text of the Act in the Illinois Code at 30
     ILCS 580/1, and should contact an attorney to ensure full compliance.

  Medical Examinations

  Illinois employers must pay for medical exams required of job applicants or those required of
  employees as a condition of employment.

  Genetic Testing

  Illinois law regarding genetic testing provides that the information derived from genetic testing
  is confidential and privileged, and may be released only in limited circumstances. Employers
  must treat genetic testing information in such a manner that is consistent with the requirements
  of federal law, including but not limited to, the Americans with Disabilities Act, and an
  employer may release genetic testing information only in accordance with the following
  provisions:

     No individual may disclose or be compelled to disclose the identity of any person upon
     whom the genetic test is performed, or the results of a genetic test in a manner that
     permits identification of the subject of the test except to the following persons:

     1. The subject of the test or the subject's legally authorized representative.

     2. Any person designated in a specific written, legally effective release of the test results
        executed by the subject of the test or the subject's legally authorized representative.

     3. Certain health care providers in various circumstances.
  HIV Testing

  Illinois law prohibits an employer from testing an individual for HIV without his/her written
  consent. The Act also restricts disclosure of HIV test results without written permission of the
  tested individual.

  Caution: In addition to state law, employers should also ensure that any testing undertaken
  conforms with federal law (e.g., the ADA and FMLA). Contact your attorney if you propose to
  undertake such testing.

Military Leave


  Illinois has an extensive military leave policy for public employers but no comparable policy for
  private employers.
  Caution: Military leave legislation is complicated and technical. In addition to any applicable
  state law requirements, employers should ensure that they are in compliance with federal laws.

Noncompetition Agreements
  No Illinois statute controls this area of law. Rather, Illinois court decisions govern this area of
  law. Noncompetition agreements will be enforced if they are reasonable and entered into
  knowingly and for adequate consideration. A noncompete clause cannot be used solely to
  prevent competition, but must protect a legitimate interest of the employer such as trade secrets,
  unique services provided by the employee, confidential information and/or goodwill. The
  agreement must be reasonable in geographic scope, be reasonable as to time and be necessary to
  protect a legitimate business interest of the employer.

Overtime


  No Illinois statute has been enacted that exceeds federal requirements requiring overtime
  payment of one and one-half times regular pay after 40 hours worked/week.

Polygraph/ Lie Detector Tests
  Illinois has no statutory requirements that exceed federal requirements. Federal law states that
  the refusal to take a polygraph cannot be the basis for denying or terminating employment.

Privacy
  After Hours Conduct

  In Illinois, it is unlawful for an employer to refuse to hire or to discharge or discriminate against
  an individual with respect to compensation, terms, conditions, or privileges of employment
  because the individual uses lawful products off the premises of the employer during non-
  working hours.

  Inquiries into Benefits Claims

  It is unlawful for an employer to inquire, in a written application, or in any other manner, of any
  prospective employee, or of the prospective employee's previous employers, whether the
  prospective employee has ever filed a claim for benefits under the Worker's Compensation Act,
  or Worker's Occupational Disease Act, or has received benefits under these acts.

  Permissible Recordings

  In Illinois, telephone monitoring devices used to listen or record telephone conversations by
  either a corporation or other business entity are permissible when: the monitoring is used for the
  purpose of service quality control of marketing, opinion research, telephone solicitation,
  education or training of employees or contractors engaged or internal research related to
  marketing or opinion research or telephone solicitation, and the monitoring is used with the
  consent of at least one person who is an active party to the marketing, opinion research
  conversation or telephone solicitation conversation being monitored. However, no
  communication or conversation, or any part, or aspect of the communication or conversation
  made, acquired, or obtained, may be furnished to any law enforcement officer, agency, or
  official for any purpose or use in any inquiry or investigation, or used in any administrative,
  judicial, or other proceeding or divulged to any third party. When a person recording or listening
  to a telephone conversation to be used for marketing or opinion research or telephone
  solicitation purposes realizes that the conversation does not relate to marketing or opinion
  research or telephone solicitation, they must immediately terminate the recording or listening
  and destroy any such recording as soon as practicable.

  Business entities that use a telephone monitoring or telephone recording systems shall provide
  current and prospective employees with notice that the monitoring or recording may occur
  during the course of their employment. The notice shall include prominent signage notification
  within the workplace. Business entities that use telephone monitoring or telephone recording
  systems shall provide their employees or agents with access to personal-only telephone lines,
  which may be pay telephones, that are not subject to telephone monitoring or telephone
  recording.

Reference Requests


  Protection for Employers

  Illinois employers who act in good faith and provide truthful references involving a past or
  present employee's job performance, professional conduct, or evaluation will not be held civilly
  liable for the disclosure or consequences of providing the information. The employer’s
  disclosure will be presumed to be in good faith, however this presumption can be rebutted by
  evidence that the employer disclosed information that was knowingly false or in violation of an
  employee’s or former employee’s civil rights. Additionally, it is recommended that only
  documented "facts" not opinions be shared.

Sick Leave


  No Illinois statute requires employers to provide paid sick leave or to pay for accrued paid sick
  leave at termination.

  Caution: If sick leave is provided, employers should ensure that it is provided on a non-
  discriminatory basis and in accordance with established policy and practice.
Smoking


  Designated Areas

  Illinois law prohibits smoking in public places including stores, offices, elevators, restaurants,
  etc. However, smoking areas may be designated in public places. The law does not apply to
  factories, warehouses and other workplaces not generally used by the public. Areas of the
  workplace may be set aside as "smoking areas" if barriers and ventilation systems keep smoke
  away from non-smoking areas. Local smoking ordinances may be stricter. You may want to
  contact your local Board of Health for further information.

  Use of Lawful Products Off the Premises

  Illinois law generally prohibits employers from discriminating against an applicant or employee
  because he/she uses lawful products, including tobacco, during nonworking hours and off of the
  employer's premises.

Termination Procedures


  Paychecks

  Both employees who quit and those who are discharged, if possible, must be paid the full
  amount owed to them at the time of separation or termination, and can in no case be paid later
  than the next regularly scheduled payday for the employee. Compensation can be mailed upon
  employee’s request. Final compensation must include wages, salaries, earned commissions,
  earned bonuses, earned vacation and/or holidays, and any other agreed upon compensation.

Unemployment Compensation
  Extensive laws cover this area in Illinois. Contact the Illinois Industrial Commission at
  www.state.il.us/agency/iic for further information.

Vacations


  No Illinois law has been enacted requiring employers to provide paid vacation days for
  employees. However, the law requires that "earned" but unused vacation days be paid to an
  employee at termination.

  Caution: If paid vacation leave is provided, employers should ensure that it is provided on a
  non-discriminatory basis and in accordance with established policy and practice.
Wages and Hours


  Paydays

  Illinois law requires employers to pay wages at least semi-monthly. Wages earned during a
  semi-monthly period must be paid within 13 days of the end of the pay period in which the
  wages were earned. Wages paid on a weekly basis must be paid within seven days of the close
  of the pay period. Wages paid on a daily basis must be paid within 24 hours of the day on
  which the wages were earned. However, wages of executive, administrative, and professional
  exempt employees may be paid monthly, and must be paid within 21 days after the period in
  which they were earned.

  Minimum Wage

  The Illinois minimum wage is the same as the federal minimum wage, $5.15 per hour.

  Withholding or Docking Pay

  Illinois employers may not withhold or "dock" wages unless required to do so by state or federal
  law or specifically agreed to or allowed in writing by the employee (such as union dues,
  insurance premiums, retirement or savings contributions). Employers may not deduct for
  shortages, breakages, or damaged property without the employee's written consent.

  Garnishment

  Employees may not be discharged because of garnishment for any one indebtedness. Earnings
  subject to garnishment may not exceed the lesser of: 15% of the gross amount paid for that week
  or the amount by which disposable earnings for a week exceeds 45 times the federal minimum
  hourly wage in effect at the time amounts are payable. Illinois employers are required to process
  court ordered wage deductions for the benefit of creditors (garnishment). The employer may
  claim a service fee for processing the garnishment against the judgment debtor (employee).
  Employees who fail to satisfy court requirements may become liable for the debt. An attorney
  should be consulted to discuss specific legal requirements.

  Effective November 22, 2002, Illinois employers will receive National Medical Support Notices
  to inform employers when they are required to withhold medical insurance premiums for a non-
  custodial employee’s child. Upon receipt of such Notice, an employer has 20 days to explain
  why insurance is not available. Alternately, the employer must begin providing insurance
  within the first payday immediately following the fourteenth day after the receipt of the Notice.
  If an employee contribution is required for dependent coverage, the employer must withhold the
  contribution from the employee’s wages.

  Direct Deposit

  An employer may directly deposit wages due in a bank, credit union, etc. provided that an
  employee has designated such a deposit.
  Postings

  An employer must post a notice provided by the state outlining payment issues.

  Living Wage

  A number of local governments (e.g. cities, towns, counties, school districts, etc.) have enacted
  laws known as “Living Wage” ordinances. These laws, although not always imposing the same
  types of requirements, typically mandate that any entity contracting or doing business with the
  local government or getting a tax abatement from the local government must pay its employees
  a set wage. The ordinances are typically called Living Wage ordinances because the set wage
  rate is typically much higher than the applicable minimum wage, thus better allowing the
  employees to live on the wage.

  The city of Chicago requires all city contractors to provide a living wage of not less than $9.05
  per hour. Cook County requires all county contractors to provide a living wage of not less than
  $7.60 per hour.

  For more information on this rapidly developing area of law, including recent developments, see
  www.livingwage.com.

Whistleblower Protection
  In Illinois, employers may not discipline any employee for the disclosure of unlawful or abusive
  acts on the part of the employer, including but not limited to disclosures suggesting that the
  employer is engaged in unlawful acts, or mismanagement. Prohibited disciplinary action
  includes any retaliatory action taken against an employee, such as reprimand, suspension,
  discharge, demotion or a denial of a promotion or a transfer.

Worker's Compensation
  Extensive laws cover this area in Illinois. Contact the Illinois Industrial Commission at
  www.state.il.us/agency/iic for further information.




Pre-Employment Inquiry Guide
  The Department of Human Resources offers free seminars to employers regarding prevention of
  potential discrimination. Information is available at www.state.il.us/dhr/Institute/Inst-p1.htm.

Required Posters
  Listed below are the current listings for government agencies from which required posters can
  be obtained. Posters frequently can be obtained free of charge. Poster requirements may change
  from time to time, and employers should check to assure up to date compliance.
Required Federal Posters

      Fair Labor Standards Act (FLSA) Minimum Wage
      Family Medical Leave Act (FMLA)
      Job Safety and Health Protection – Occupational Safety and Health
      Equal Employment Opportunity Act
      Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
      Notice to Work with Disabilities (FLSA, SCA, and Walsh-Healey Act)
      Employee Polygraph Protection Act (EPPA)

These posters can be accessed at              the   Department       of   Labor   website:
www.dol.gov/osbp/sbrefa/poster/main.htm.

Required Illinois Posters and Contacts

 Worker’s Compensation               Illinois Workers’ Compensation
                                     100 W Randolph St.
                                     Thompson Ctr. No. 8200
                                     Chicago, IL 60601
                                     312-814-6633
                                     www.state.il.us/agency/iic

 Unemployment Compensation           Illinois Dept. of Employment Security
                                     401 S. State St.
                                     Chicago, IL 60605
                                     312-793-1905
                                     www.ides.state.il.us
 Minimum Wage                        Illinois Dept. of Labor
                                     160 N. LaSalle St., No. C1300
 Notice to Employers and
    Employees                        Chicago, IL 60605
                                     312-793-2800
                                     www.state.il.us/agency/idol

 Heimlich Maneuver Poster            Heimlich Institute
    (recommended in food services    P.O. Box 8858
    establishments)                  Cincinnati, OH 45208
                                     800-704-1076
                                     www.heimlichinstitute.org

								
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