Illinois DOL issues guidance on equal pay act

The Illinois Equal Pay Act was amended in 2021 to include new requirements for private employers with 100 or more employees in the state of Illinois who are required to file an annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission. These requirements include equal pay registration certification, pay data and other demographic reporting, and certification of compliance with the Act’s equal pay provisions as well as other applicable state and federal laws regarding equal pay. Every business that is authorized to transact business in the state after March 23, 2021, and which is subject to the Act’s requirements must submit an application to obtain an Equal Pay Registration Certificate (EPRC) and must recertify every two years thereafter. Businesses must have current contact information with the Illinois Department of Labor (IDOL). This information will be used by the IDOL to assign each business a date by which it must submit an application to obtain an EPRC; this due date will be issued at least 120 calendar days prior to when the application is due according to the latest guidance released by the IDOL.

The recently- issued guidance and compliance resources for employers from the IDOL include:

Businesses should closely review the Frequently Asked Questions for guidance and examples including how and when businesses are to determine total number of employees, how new businesses should contact the IDOL to commence the registration process, how to apply for an EPRC, whether remote employees should be included in the total employee count for reporting purposes, and information on penalties and consequences for non-compliance.

Disclaimer: The information contained herein is not intended to be construed as legal advice, nor should it be relied on as such. Employers should closely monitor the rules and regulations specific to their jurisdiction(s) and should seek advice from counsel relative to their rights and responsibilities.

By Megan Butz
General Counsel, HR Compliance, Checkwriters
Megan joined Checkwriters in 2020 and is responsible for reviewing, revising, and implementing internal policies of the company, advising on human resource, employment, and labor matters, and monitoring and publishing state and federal legal updates to the Checkwriters News and Compliance Center for distribution to thousands of clients around the country. Before joining Checkwriters, Megan served as a judicial law clerk for the justices of the Massachusetts Probate and Family Court performing legal research and writing, followed by private practice in Cape Cod.

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