A new Illinois law adds electronic notice distribution requirements for employers with remote workers to certain state employment laws. Under the new legislation (HB 3733, codified as Public Act No. 103-0201), Illinois employers with employees who do not report to the office regularly are required to provide work-related notices electronically — either by email or conspicuous posting on the employer’s website or intranet site.

The new requirements go into effect January 1, 2024.

New Notice Distribution Requirements

Beginning January 1, 2024, Illinois employers with “employees who do not regularly report to a physical workplace” (for instance, employees who work remotely or travel for work) will be required to distribute notices required by several Illinois laws either by email or “conspicuous posting on the employer’s website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees.” This amendment applies to notices required by:

• The Illinois Minimum Wage Law, 820 ILCS 105 et seq.
• The Illinois Equal Pay Act of 2003, 820 ILCS 112 et seq.
• The Illinois Wage Payment and Collection Act, 820 ILCS 115 et seq.
• The Illinois Child Labor Law, 820 ILCS 205 et seq.

Changes to Illinois Day and Temporary Labor Services Act (IDTLSA)

The law similarly amends the IDTLSA, 820 ILCS 175 et seq., to require day and temporary labor service agencies that communicate with their laborers by electronic means to “provide all required notices by email … or on a website, regularly used by the employer to communicate work-related information, that all day or temporary laborers are able to regularly access, freely and without interference.” These notices (including the IDTLSA-required Employment Notice and Poster) must be in “English and any other language generally understood in the locale of the day and temporary labor service agency.”