New Employment Laws Take Effect in 2025
By Kelly A. Hayden, JD, Chief Legal Counsel
Published December 17, 2024
As we welcome in the new year, we’ll also be welcoming in a sleigh full of new employment laws! Below is a summary of the most important changes taking effect in 2025 and how HR Source can assist you with compliance.
Changes to Illinois Human Rights Act: Two new protected classes, reproductive health decisions and family responsibilities, should be added to employers’ EEO and Anti-Harassment policies. In addition, the statute of limitations under the Illinois Human Rights Act will increase from 300 days to two years. Sample updated policies are available for HR Source members.
Wage Payment and Collection Act: Employers must preserve and produce employee pay stubs up to three years after date of payment, even if the employee is no longer employed. Further, employers will have 21 days to respond to an employee request for a paystub, which the employer may require in writing. Paystubs must be produced in the format requested by the employee (physical or electronic, including email, website access, or U.S. mail). For more detailed information about these requirements, read our earlier article.
Personnel Record Review Act: An employer can require that requests for personnel records be made in writing, but “writing” includes requests made via email or text message. Employees may request personnel records related to their benefits, any contracts or agreements that were binding on the employee, any handbooks that were made available to the employee or which the employee acknowledged receiving, and any policies or procedures that the employee was subject to which related to qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action. Employees can request that their records be sent to a representative but must sign a waiver if their request includes medical information or records. A sample personnel record request form is available for members.
Freedom of Speech Act: Employers are prohibited from requiring attendance OR providing incentives to attend a meeting to communicate the employer’s position on religious or political matters. There are some specific exemptions. For more information, read our earlier article. The legality of the law is currently being litigated, but is scheduled to take effect January 1.
E-Verify: Employers who voluntarily choose to use E-Verify (meaning, they are not required by a federal contract to do so) have registration and posting obligations, as well as additional obligations if an employee’s verification is questioned. Read our November 12th article about this topic, which also contains links to an FAQ from the Department of Labor.
Pay Transparency: Employers with 15 or more employees must include pay scale and benefits information within job postings. Employers must also announce and post all promotion opportunities to current employees within 14 calendar days of making an external job posting for the position. The law also requires a mandatory posting for covered employers. Hear the full recorded briefing on this topic (which also includes information concerning the Fair Labor Standards Act salary thresholds).
Have more questions? We have options! Visit the HR Source Online Video Training Store to hear our Employment Law Update, where these changes are discussed in detail. Looking for new record retention guidelines or required posters? Download our HR Field Guides for the most detailed information. Still have questions? Members can contact us through the HR Hotline Online or at 800-448-4584.
Happy New Year!