Artificial Intelligence Video Interview
The Artificial Intelligence Video Interview Act regulates employers in Illinois who use AI to analyze video interviews for hiring decisions. Employers must notify applicants before the interview that AI will be used, explain how the AI works, and obtain consent before proceeding. AI cannot be used on applicants who do not provide consent.
Employers are also restricted from sharing applicant videos except with those necessary for evaluation. Additionally, applicants have the right to request the deletion of their video interviews, and employers must comply within 30 days, ensuring all copies are erased.
For employers relying solely on AI analysis for interview selection, demographic data on race and ethnicity must be collected and reported annually to the Illinois Department of Commerce and Economic Opportunity. The department then evaluates whether AI hiring practices show racial bias.
To ensure compliance with AI hiring regulations, contact EmployerESource or download an Employee Handbook with state-specific policies.
At Will Employment
Illinois follows the employment at-will doctrine, meaning that employers can terminate employees for any reason unless a federal, state, or local law prohibits the discharge or the employee has a contractual right to continued employment. However, courts recognize exceptions, including retaliatory discharge claims when termination violates a clear public policy. Public employees may also have greater job protections if laws, ordinances, or agreements establish a property interest in their employment.
Additionally, Illinois courts have ruled that employee handbooks or policy statements may create binding contractual obligations if they include clear promises, are communicated effectively, and are accepted through continued employment. Employers can minimize implied contract risks by including conspicuous disclaimers stating that policies do not create contractual rights and employment remains at-will.
For comprehensive training on maintaining at-will employment, visit EmployerESource and explore our training webinars. These resources offer valuable information for business owners and managers seeking to stay informed and compliant.
For any questions about at-will employment and how to preserve this relationship, please contact EmployerESource. We’re here to provide expert guidance and support.
Ban the Box
Illinois’s “Ban the Box” law prohibits employers from asking about an employee’s criminal history or conducting a background check until a conditional job offer is made. This applies to employers that have fifteen or more employees in the current or preceding calendar year.
As an employer you cannot ask about an applicant’s prior convictions until the end of the hiring process. Employers need to provide the hiring candidate with an offer letter that details the need for an employee background check.
As an employer you can ask only about: unsealed misdemeanors, any pending charges, and any felony convictions. Employees do not have to share about any past arrests that did not lead to a criminal conviction.
As an employer you can only revoke the conditional offer if one of the following is true: the hiring candidates’ criminal history would have a direct relationship to the position, the hiring candidate would cause an unreasonable risk to public safety. Before the employer can revoke the conditional offer, they must provide the hiring candidate with a copy of the background check used and give them at least seven business days to respond to the decision to not hire them.
Contact EmployerESource to get a customized employee offer letter and form letter to match your legal requirements.
Break/Meal Period
Under Illinois law, employers must provide employees working 7.5 continuous hours with at least a 20-minute meal break, which must begin no later than five hours into the work period. Employees working more than 7.5 hours are entitled to an additional 20-minute meal break for every 4.5 additional continuous hours worked. Meal breaks do not include time spent using restroom facilities.
To ensure compliance with Illinois meal break laws, contact EmployerESource or download an Employee Handbook with state-specific policies.
Chicago Fair Workweek
The Chicago Fair Workweek ordinance is designed to ensure that employee schedules do not interfere with personal responsibilities such as caring for family, managing health needs, pursuing education, or other important obligations. Under this law, employers are required to offer additional work hours to current part-time employees before hiring new staff.
A "Covered Employee" is someone who works in Chicago for an employer in a covered industry, is either a direct employee or a long-term temporary worker (having worked at least 420 hours over 18 months), earns $50,000 per year or less if salaried, or $26 per hour or less if hourly, and primarily works in one of the designated covered industries.
"Covered Employers" are defined as businesses with 100 or more employees globally (or 250 or more if the employer is a nonprofit) and at least 50 Covered Employees working in a covered industry in Chicago.
The ordinance applies to the following industries: Building Services (such as janitorial and security), Healthcare (licensed facilities and dialysis centers), Hotels, Manufacturing, Restaurants (with at least 30 locations globally and 250 or more employees), Retail (involving the sale of consumer goods), and Warehouse Services.
If you have questions about this ordinance or want a state-specific employee handbook, reach out to EmployerESource or download a ready-to-use guide tailored for your business.
Contact EmployerESource for compliance tools, support, and custom handbooks.
Credit Reports
Under Illinois law, employers cannot refuse to hire, terminate, or discriminate against an individual based on credit history or credit reports. Employers are also prohibited from inquiring about an applicant's credit history or obtaining a credit report.
However, exceptions apply if a satisfactory credit history is a bona fide occupational requirement. This includes roles where:
State or federal law requires bonding.
The position involves handling cash or assets valued at $2,500+ or signatory power over $100+.
The employee holds a managerial position or has access to confidential or financial information.
Credit history is required by state or federal law.
Employers cannot require applicants or employees to waive their rights under this law. However, background checks (excluding credit history) remain permissible under the Fair Credit Reporting Act.
For guidance on compliance with Illinois hiring laws and to receive a Fair Credit Reporting Act release, contact EmployerESource or download an Employee Handbook with state-specific policies.
Employee Arbitration Act
The Employee Arbitration Act provides a formal dispute resolution process for employers with 25 or more employees and their employees in Illinois. It authorizes the Department of Labor to intervene, investigate, and help resolve disputes not involving issues that could be taken to civil court.
Employee Access to Personnel Records
Illinois Employee Access to Personnel Records
Under Illinois law, employees have the right to inspect, copy, and receive copies of their personnel documents upon written request to their employer. These records include:
Documents used to determine employment-related decisions such as promotions, compensation, or disciplinary actions.
Employment contracts or agreements legally binding on the employee.
Employee handbooks and employer policies that the employee has acknowledged.
Any written policies or procedures the employer claims the employee is subject to.
However, there are exceptions, including:
Letters of reference or peer review documents.
Test documents, except for cumulative total test scores.
Employer materials related to business development, if they don't affect individual employees.
Personal information about others or trade secrets.
Records involved in ongoing legal claims or investigations.
Employees can make up to two requests annually to access their records, and the employer must respond within 7 working days (or 14 days with valid reasons for delay). Employers may charge a fee for duplicating records, but it is limited to actual duplication costs.
For more information on employee rights and employer responsibilities, contact EmployerESource or download an Employee Handbook with state-specific policies.
Employee Training
Under the Workplace Transparency Act, Illinois employers are required to provide annual sexual harassment prevention training for all employees working within the state. This requirement applies to all employers, regardless of size. Employers must either develop their own sexual harassment prevention training program that meets or exceeds Illinois' minimum legal standards, or they can utilize pre-existing resources.
For employers seeking tailored, customized training programs to ensure compliance and foster a safer, more respectful workplace, EmployerESource offers comprehensive online training solutions. Contact us today to learn how we can support your organization with state-specific, effective training programs.
Final Wages
In Illinois, employers are required to pay the final compensation to employees upon separation (whether voluntary or involuntary) as follows:
Employees must receive their final paycheck on the day of separation, if possible. If not, payment must be made no later than the next regularly scheduled payday.
If an employee requests in writing to have their final compensation sent by check, the employer must comply and mail it to the employee’s address.
If an employee has accrued vacation time that has not been taken at the time of separation, the employer must pay the monetary equivalent of the unused vacation time, based on the employee’s final rate of pay. Employers cannot have policies that allow forfeiture of earned vacation time upon separation.
Employees who are on strike or layoff must receive all wages earned up to the time of the strike or layoff no later than the next regular payday.
EmployerESource specializes in developing customized vacation and leave policies tailored to your business needs. Let us help you create policies that align with your goals while ensuring compliance and clarity for your employees.
To ensure compliance with Illinois laws, contact EmployerESource or download an Employee Handbook with state-specific policies.
Garnishments of Pay
Employers are prohibited from discharging or suspending an employee due a wage garnishment.
When processing a general wage garnishment, an employer is allowed to charge a fee equal to 2% of the entire amount withheld. This fee is paid to the employer and is charged to the judgment debtor, not deducted from the employee’s take-home pay. For child support withholdings, employers may charge an administrative fee of $5 per month.
Questions about this law or need help with compliance? Contact EmployerESource for expert guidance or download our Employee Handbook with state-specific policies to ensure your business is fully protected and up to date.
Jury Duty
Under Illinois law, employees who are summoned for jury duty, whether for petit or grand jury service, have the right to time off from work to fulfill their civic duty. This applies regardless of their assigned work shift, including night shifts. Employees are required to provide their employer with reasonable notice of their jury service by delivering a copy of the jury summons within 10 days of issuance. While employers must grant time off for jury duty, they are not obligated to compensate employees for the time they take off.
If you have questions regarding this law or need assistance, please contact EmployerESource or download your employee handbook, which includes state-specific policies on time off for jury duty and other related matters.
One Day Rest in Seven
Under Illinois law, every employer must provide employees with at least 24 consecutive hours of rest within every seven-day period, in addition to their regular daily rest periods. However, this requirement does not apply to part-time employees working 20 hours or less per week or employees needed for emergencies such as machinery breakdowns or other situations requiring immediate attention to prevent harm or operational disruptions. Additionally, employees working for 7.5 continuous hours must receive a 20-minute meal break, with an additional 20-minute meal break for every additional 4.5 hours worked. Employers must also post a weekly schedule designating employees required to work on Sunday and their designated day of rest, ensuring no employee is required to work on their designated rest day.
If you have questions about how this law applies to your situation, please contact EmployerESource or download your employee handbook, which includes state-specific policies on hours, days of rest, and meal periods.
Salary History
Under Illinois law, Employers are prohibited from discharging or discriminating against any individual for inquiring about, disclosing, comparing, or discussing wages, or for assisting others in exercising their rights.
Additionally, employers cannot require employees to sign contracts or waivers that prevent them from disclosing or discussing their wages, salaries, benefits, or other compensation. However, employers may restrict certain employees, such as human resources staff or supervisors, from disclosing wage information without written consent from the employee.
Furthermore, it is illegal for employers or employment agencies to base hiring decisions on a candidate’s wage or salary history, including benefits and other compensation. Employers cannot request or require applicants to provide wage or salary history as a condition for employment, interviews, or offers. It is also unlawful for employers to seek wage or salary history from current or former employers, unless certain exemptions apply.
For more information or questions about this law, please contact EmployerESource or download your employee handbook, which includes state-specific policies.
Sick Leave
The Illinois Employee Sick Leave Act provides employees with the right to use personal sick leave benefits for absences due to their own illness, injury, or medical appointments, as well as for the illness, injury, or medical appointments of close family members, including children, spouses, siblings, parents, grandparents, stepparents, and in-laws. Employees may use sick leave for reasonable periods of time as necessary for caregiving. Employers are required to allow employees to use sick leave under the same terms for family members as they would for their own illness or injury.
However, employers have the option to limit the amount of sick leave used for family-related absences to no less than the amount that would be accrued during a six-month period based on the employee's current sick leave accrual rate.
If you have any questions or need more details about how this law applies, please contact EmployerESource or download your employee handbook, which includes state-specific policies.
Voting Leave
Under Illinois law employees who are eligible voters are entitled to up to two hours off work to vote on election days, provided they apply for this leave prior to the election day. Employers may specify the hours during which employees can be absent, but must allow the two-hour absence during working hours if the employee's schedule starts less than two hours after polls open and ends less than two hours before polls close. Employers cannot penalize employees for taking this time, including making deductions in compensation.
For questions regarding this law, please contact EmployerESource or download an employee handbook with state-specific policies.
Wage Reduction
Illinois employers must comply with specific notification, posting, and recordkeeping requirements to ensure transparency in employment arrangements. Employees must be notified in writing or via posted notices of any changes before they take effect.
To streamline compliance and ensure employees receive clear, legally required information, employers should provide an up-to-date employee handbook outlining these policies. For state-specific policies and guidance on employer recordkeeping requirements, contact EmployerESource or download a compliant employee handbook today.