Illinois Dept. of Labor meeting challenges of changes, report shows

The Illinois Department of Labor has increased its impact on workers in the state and its enforcement actions while preparing for growth in the economy, jobs and employment standards, according to its first Labor Day report.

“This report highlights some of the work we do here at IDOL as the state’s primary enforcer of more than two dozen state employment laws,” said IDOL’s Acting Director Jane Flanagan. “Among other things, these laws provide for payment of minimum wage, overtime pay, right to full payment of promised wages, restrictions on child labor, equal pay protections, and payment of local Prevailing Wage rates on public works projects.”

The state Department of Labor is responsible for the administration and enforcement of labor and workplace safety laws that protect workers and businesses across the state. With about 90 employees, IDOL operates under the jurisdiction of the Governor’s office.

IDOL must enforce long-time statutes and reforms passed by the legislature and signed by the governor, and four key initiatives have been:

* Adequate rest for workers – the One Day Rest in Seven Act (ODRISA) also now requires most employers to provide their employees with at least one 20-minute meal break for every 7.5-hour shift beginning no later than five hours after the start of the shift.

* Time off to grieve and care for family – the Family Bereavement Leave Act, updated from the Child Bereavement Leave Act, expands employees’ right to take unpaid time off from work to grieve and handle arrangements for a close family member who has died; and the Employee Sick Leave Act requires employers who provide sick time to employees to also allow them to use at least some of that sick time for the medical needs of family members.

* Wage protections for construction workers – responding to reports of wage theft in the construction industry, the Illinois Wage Payment and Collection Act added provisions that some general contractors whose subcontractors break the law by underpaying or failing to pay workers may be liable for that violation. And the Prevailing Wage Act was amended to specify that projects with taxpayer dollars are subject to its requirement.

* Just and equitable transition for energy workers – enacted in the Climate and Equitable Jobs Act (CEJA), this helps workers leaving industries that pollute become trained and fairly move to a new position.

 

Additional updates requiring IDOL’s attention include ensuring companies comply with reporting employee wage and demographic data as part of the modernized Illinois Equal Pay Act, which since 2003 has prohibited employers from discriminating between employees on the basis of sex by paying an employee of one sex a lower wage than an employee of a different sex for the same or substantially similar work; enforcing the Right to Privacy in the Workplace Act prohibiting employers from requesting or requiring an employee or job applicant to provide a password or other account information to gain access to the employee’s or prospective employee’s social networking account or profile; overseeing companies’ disclosure of health insurance coverage mandated by the Consumer Coverage Disclosure Act; administering new requirements for nurses staffing agencies to give nurses more freedoms; and managing protections for housekeepers, nannies and others covered under the Domestic Workers Bill of Rights.

Breaking down routine yet important duties in IDOL divisions, the report summarized the state’s Fair Labor Standards, which set wage and hour requirements, safeguard workplace rights and employee welfare, and regulate employment sectors where employees most need protection.

For example, this year, Illinois’ Minimum Wage law guarantees an hourly minimum wage of $12 and

an hourly tipped minimum wage of $7.20 for workers 18 years and older.The state’s minimum wage is scheduled to increase to $15 an hour by 2025.

(The report notes that those who think  they weren’t paid proper compensation

may file a wage claim with IDOL by visiting https://www2.illinois.gov/idol/Pages/Complaints.aspx.)

 

 

INSPECTIONS, ACTIVITIES UP

Tackling a significant law that ensures taxpayer-funded building projects compensate workers at their geographic area’s prevailing wage instead of a “race-to-the-bottom” process that could pay low wages and have less quality, IDOL occasionally reminds Illinoisans of the law’s value.

“Prevailing wage requirements are a benefit to Illinois businesses because wages paid by all contractors on public-works projects must reflect the local market standards for compensation and skilled trade; thus, out-of-state contractors or contractors from outside a county cannot undercut local contractors by paying lower wages on such projects,” IDOL says.

“Prevailing wage requirements level the playing field for contractors across the state and allow local contractors to remain competitive with contractors from outside the area.”

Prevailing Wage cases handled by IDOL increased from about 230 in 2021 to 275 already this year.

IDOL’s Occupational Safety and Health Division – whose jurisdiction covers about 560,000 state and local employees of some 8,500 public agencies – increased inspections 77%, to 431 between 2020 and 2021, and the number of workers at businesses where hazardous or unsafe conditions were remediated under the consultation program also grew about 53%, to 16,193 people.

The Amusement Ride and Attraction Safety Division (ARAS) more than doubled its inspections from 1,337 in Fiscal Year 2021 to 2,847 in Fiscal Year 2022.

IDOL’s relationship to law-abiding employers isn’t adversarial, exemplified by a collaborative approach to shared interests.

“Illinois OSHA’s On-Site Safety and Health Consultation Program helps Illinois businesses meet state safety and health regulations,” the report noted. “The consultation program is voluntary, free and confidential.”

The division’s consultation employer visits between 2020 and 2021 were up 55%, to 237 statewide.

IDOL’s consultation program evaluates participants’ workplace safety and health programs to determine if

they meet the criteria to be certified as a Safety and Health Achievement Recognition Program (SHARP) site.

 

Contact IDOL

www.Labor.Illinois.Gov

524 S. 2nd St., Suite 400 in Springfield 62701 (217) 782-6206

160 N. LaSalle St., 13th Floor in Chicago 60601 (312) 793-2800

2309 W. Main St. in Marion 62959(618) 993-7090

 

By email: dol.Questions@illinois.gov

 

Telephone hotlines (toll-free numbers)

minimum wage/overtime: )800) 478-3998

child labor law (800) 645-5784

day labor services (877) 314-7052

equal pay (866) 372-4365

amusement ride and attraction safety (217) 299-5512

 

Illinois OSHA:

enforcement (217) 782-9386

consultation (800) 972-4216