These are significant changes for Illinois employers.

Hopefully you are already aware of the significant changes the Illinois Department of Labor (IDOL) has made to the “wage payment and collection act”. If not, \"rp_compliance-150x150.jpg\"please continue reading for a summary of changes that effect all Illinois employers.

On August 22, 2014, the IDOL amended the Act without so much as a press release. In fact, the amendments seem to have gone into effect in the dark of night! How did this happen? Why weren\’t employers notified? If the rules of the game change shouldn\’t the players be notified?

As I read about these changes all I could think was here is another reason not to be an employer. I don’t know about you but I feel like employers are under assault.
The following are some of the changes that are expected to significantly affect Illinois employers.

Employers must notify employees, at time of hire, of the rate of pay and whenever possible this notice is to be in writing. This is a mandate that in all circumstances, starting pay, and any increases thereafter must be given to all employees by written notice. As far as I can tell, the amendment does not require a specific form or delivery method. So will email work? What about a piece of scrap paper? Does the employee need to acknowledge receipt and acceptance? This could be a black hole.

The IDOL is now mandating recording of hours worked regardless of an employee’s status as either exempt or non-exempt. Now “employers must maintain accurate records for each employee of the hours worked each day in each week”. This goes beyond federal and state minimum wage and overtime laws for exempt employees.

And for the amusement of all employers, the Federal Department of Labor will be changing or updating the tests used to determine an employee’s status as exempt or non-exempt. Look for this change later this year. Hooray!

Here’s another change that makes me feel warm and fuzzy. The IDOL intends to aggressively enforce “agreements” between employers and employees. The amended regulations have broadly defined “agreement” as well; it’s in the article from the National Law Review – click here and read for yourself.
Keep up the good fight – I’ll see you in the trenches.