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Supreme Court Update

The Illinois Department of Labor is aware of the United States Supreme Court decision that was released on January 13, 2022 staying the Federal OSHA COVID-19 vaccination and testing emergency temporary standard.  Because IL OSHA’s peremptory rule incorporates the federal standard, IL OSHA will similarly stay enforcement of its rule while it monitors federal litigation and determines next steps. Please check back at our website for updates.


Update Regarding OSHA COVID-19 Emergency Temporary Standard

This applies to state and local government employers.
Private sector employers are under federal OSHA jurisdiction (www.osha.gov).

On January 7, 2022, the Illinois Department of Labor filed Peremptory Rules to adopt the Federal OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard, as required by federal regulation and state statute. These Rules are effective immediately, but give employers under the jurisdiction of Illinois OSHA until January 24 to begin to come into compliance with the requirements of the Emergency Temporary Standard by developing a workplace policy regarding vaccination and testing in accordance with the ETS. Employers must establish and implement their policy by February 24, 2022 (see table below). The Emergency Temporary Standard is scheduled to expire on July 24, 2022. Questions regarding the ETS may be directed to dol.safety@illinois.gov or 217-782-9386.

Table of effective dates
​​
 Please see OSHA Standard 1910.501 for paragraph references.​​
Requirement February 24, 2022 March 25, 2022
Establish policy on vaccination (paragraph (d))X 
Determine vaccination status of each employee, obtain acceptable proof of vaccination, maintain records and roster of vaccination status (paragraph (e))X 
Provide support for employee vaccination (paragraph (f))X 
Require employees to promptly provide notice of positive COVID-19 test or COVID-19 diagnosis (paragraph (h))X 
Remove any employee who received positive COVID-19 test or COVID-19 diagnosis (paragraph (h))X 
Ensure employees who are not fully vaccinated wear face coverings when indoors or when occupying a vehicle with another person for work purposes (paragraph (i))X 
Provide each employee information about the ETS; workplace policies and procedures; vaccination efficacy, safety and benefits; protections against retaliation and discrimination; and laws that provide for criminal penalties for knowingly supplying false documentation (paragraph (j))X 
Report work-related COVID-19 fatalities to IL OSHA within 8 hours and work-related COVID-19 in-patient hospitalizations within 24 hours (paragraph (k))X 
Make certain records available (paragraph (l))X
 
Ensure employees who are not fully vaccinated are tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer) (paragraph (g)) X


TRAMPOLINE COURT REGULATIONS TO TAKE EFFECT JANUARY 1, 2022

On December 29, 2021, the Department of Labor filed the linked Emergency Rules, to take effect on January 1, 2022 for a period of up to 150 days. These regulations establish inspection and permitting requirements for Trampoline Courts in Illinois. Additionally, the Department is working on Proposed Permanent Rules governing the trampoline court industry in Illinois, and will promulgate those Rules before the expiration of the Emergency Rules. Permit applications and other necessary documents are available here: https://www2.illinois.gov/idol/Rides/Pages/default.aspx


SPRINGFIELD – The Illinois Department of Labor (IDOL) has moved its Springfield office to the Lincoln Tower Plaza office building at 524 S. Second Street. The department’s offices will be located on the fourth floor.


**COVID-19 RELATED QUESTIONS AND ANSWERS FOR EMPLOYERS AND EMPLOYEES**

EMPLOYER GUIDANCE: Compensation, Paid Leave, and the COVID-19 Vaccine


IL-OSHA COVID-19 Reporting Recordkeeping State and Local Government Employers

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PLEASE CLICK HERE TO VISIT OUR BACK TO BUSINESS ILLINOIS WEBSITE TO ASSIST ILLINOIS BUSINESSES NAVIGATE SAFETY DURING THE PANDEMIC

ILLINOIS MINIMUM WAGE

Year Minimum Wage Tipped Youths (under 18) (working less than 650 hours per calendar year)
1/1/20 $9.25 $5.55 $8
7/1/20 $10 $6 $8
1/1/21 $11 $6.60 $8.50
1/1/22 $12 $7.20 $9.25
1/1/23 $13 $7.80 $10.50
1/1/24 $14 $8.40 $12
1/1/25 $15 $9 $13

IDOL Minimum wage increase press release.docx


New Law Prohibits Employers from Asking for Wage History

A new law that amends the Illinois Equal Pay Act banning employers and employment agencies from asking about applicants’ past wage and compensation histories takes effect on September 29, 2019. Employers can be penalized for asking the applicant or the applicant’s current or former employers for wage or salary history.

Learn more

Unpaid Wages


Online Complaint Form - Minimum Wage, Overtime, Unpaid Wages Complaint Forms

The Illinois Department of Labor (IDOL) launched an online wage claim application to modernize the wage claim process. The online complaint process guides claimants through the steps to submit a complete and accurate claim. It also allows claimants to log-in and check the status of their wage claim at their convenience. In order to access the system, claimants will first need to create an Illinois Public ID account.

  1. Click here to create Illinois Public ID. 
  2. Online Form 
To report any difficulties submitting a wage claim online form, please contact IDOL at 312-793-2800 or via e-mail at DOL.Questions@Illinois.gov.

Questions

Scheduled Hearings/Audiencias Programadas
Please find all Wage Payment and Collection Act Hearings scheduled by the Illinois Department of Labor here. Encuentre audiencias programadas con el Departamento de Trabajo de Illinois sobre la Acta de Colección y Pago de Salario aquí.

Filing A Wage Claim
Can I file a Wage Claim?
How long do I have to file a claim? What documentation do I need?
Find out these answers and more in our FAQ.

I Filed A Wage Claim, What Do I Do Next?
How long does the process take? I have more information to provide the Department, what do I do? Is there a fax/email address?

How Does The Hearings Process Work?
Have a hearing coming up, but don't know what to bring? Will you require special assistance due to an impairment? How long will it take to receive a hearing judgment?

Employers
What does an employer have to do after receipt of a Notice of Wage Claim?

Conciliation and Mediation

Illinois Prevailing Wage Portal
Illinois Prevailing Wage Rates
Illinois Certified Transcript of Payroll
Section 9 Hearings
Where can I find the hearing notices/order for Prevailing Wage Section 9 hearings?

Annual ECA Report Submissions
Any contractor who has construction services performed for it by an individual, sole proprietorship or partnership that is not an employee of the contractor must file a report by April 30, 2021 with the Department of Labor.

SR 259 DBE Taskforce

General Questions


Illinois Minimum Wage
What is the current/historical minimum wage in Illinois? What is the minimum they can pay a non-tipped employee? How much do you have to pay a 16-year-old tipped employee?
Payment Methods
Is it a violation of the Wage Payment and Collection Act to offer an employee the choice of payment of wages through a payroll card or direct deposit without the option of a check? Can they pay me in cash? What about Direct Deposit?

Complaints
Which complaints can I file with the Department of Labor? ¿Qué tipo de reclamos atiende el Departamento de Trabajo? Jakie skargi można złożyć w Departamencie Pracy?



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