The New Year will usher in several key amendments and new employment laws that cover a myriad of topics. Below are some highlights of what employers and practitioners need to know in 2023:
1. Human Rights Act (HRA) Amendments, effective January 1, 2023
Prohibit Disability Associational Discrimination
CROWN (Create a Respectful and Open Workplace for Natural Hair) Act
2. One Day Rest in Seven Act Amendment, effective January 1, 2023
In May 2022, Illinois Governor J.B. Pritzker signed into law a pair of amendments to the One Day Rest in Seven Act (ODRISA), which addressed both day of rest and meal break requirements. These amendments include five important changes to the statute that employers should keep in mind in the new year:
Notice Requirements: The amendment mandates that employers “conspicuously” post at the workplace a notice provided by the Illinois Department of Labor outlining employee rights under ODRISA and information on how to file a complaint. Employers must also provide the notice by email or on a website for traveling and remote employees.
3. Family Bereavement Leave Act, effective January 1, 2023
Illinois has amended the Child Bereavement Leave Act (CBLA), which required employers to provide employees up to 10 workdays of unpaid leave annually to grieve the death of a child. The amendments expand the scope of the CBLA, which has been renamed the Family Bereavement Leave Act (FBLA).
4. Workers’ Rights Amendment to Illinois Constitution
5. Amendments to the Illinois Business Corporation Act of 1983
The New Year also marks employers’ new reporting obligations to the Illinois Department of Labor. Beginning January 1, 2023, corporations that are organized under Illinois law and that are required to file an Employer Information Report EEO-1 with the EEOC must now include in their annual report to the State of Illinois information that is substantially similar to the employment data reported under Section D of the corporation’s EEO-1 report. The Secretary of State will then publish data on the gender, race, and ethnicity of each corporation’s employees on the Secretary of State’s website.
6. Amendments to Victims’ Economic Security and Safety Act (VESSA)
As previously reported, amendments to the Illinois Victims’ Economic Security and Safety Act (VESSA) went into effect on January 1, 2022, expanding protected “crimes of violence” and individuals to whom those protections apply. Subsequent amended regulations governing a complaint process and administrative proceedings under VESSA became effective on November 2, 2022. Changes to the regulations include:
If you have any questions about this article or how it impacts your workplace, please contact Nancy E. Sasamoto, Kevin S. Borozan or any member of the Employment, Labor and Benefits Group.
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