Illinois Amends Notice and Personnel Records Access Requirements

10/05/23

Author: ADP Admin/Tuesday, October 3, 2023/Categories: Compliance Corner

Illinois has enacted legislation that amends the state’s rules for providing certain notices to remote workers and amends the requirements for providing access to employees’ personnel records. The changes made by the legislation (House Bill 3733) take effect Jan.  1, 2024.

The details

Existing law

Effective Jan. 1, 2024

Every employer subject to any provision of the state’s Minimum Wage Law, Equal Pay Act, Wage Payment and Collection Act, or Child Labor Law must keep a summary of the law posted in a conspicuous and accessible place at each worksite. The Minimum Wage Law also requires employers to post a copy of its regulations.

If the employer hasemployees who don’t regularly report to a physical workplace, such as employees who work remotely or travel for work, theemployer must also provide the summary (and regulations if applicable) by emailto its employeesor conspicuous post them on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference.

Every employer must, upon an employee's request, permit the employee to inspect any personnel documents that are, have been or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, discharge, or other disciplinary action. If an employee demonstrates that they are unable to review their personnel record at the employing unit, the employer must, upon the employee's written request, mail a copy of the requested record to the employee.

Every employer must, upon an employee's request, permit the employee to inspect any personnel documents which are, have been or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, discharge, or other disciplinary action. The employer must,upon the employee's written request, email or maila copy of the requested record to the employeeby the email address or mailing address identified by the employee.

Next steps

  • If you have remote employees, review workplace notice/poster procedures to ensure compliance with the changes.
  • Review procedures for providing employees access to their personnel records.
  • Train supervisors on the changes.

Thank you,

ADP

 

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