Illinois is expected to join a number of other states, including California, Colorado and Washington, in requiring the disclosure of salary information in job postings.  House Bill 3129 amends the Illinois Equal Pay Act (IEPA), making it unlawful for an employer to fail to include in any job posting the pay scale and benefits for a position that will be (i) physically performed, in whole or in part, in Illinois or (ii) physically performed outside of Illinois where the employee reports to a supervisor, office or other work site in Illinois. 

The bill passed the General Assembly and was sent to the Governor on June 15, 2023.  If signed into law, House Bill 3129 will take effect on January 1, 2025, and will apply to employers with 15 or more employees.

The bill is the latest measure by Illinois lawmakers to require greater transparency in pay.  In 2019, Illinois amended the IEPA to prohibit employers from requesting or requiring that job applicants disclose wage or salary history as a condition of employment.  In 2021, Illinois further amended the IEPA to require certain employers to obtain an equal pay registration certificate every two years and provide EEO-1 type diversity data in annual reports filed with the State.

For more information regarding House Bill 3129, please refer to this Vedder Alert.

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