On January 1, 2025, the Illinois Equal Pay Act which, as further explained will require employers to disclose pay and benefit information on the job postings that are publicly published. This Act applies to employers with 15 or more employees.
Within 14 days of the posting, the employer must notify its current employees of the job opportunity, so the employees can apply. The Act applies to any job that is physically performed, even partially, in Illinois; or even if performed outside of Illinois, but reports to a supervisor or office located n Illinois. The disclosure must be: i) the actual wage/salary or the wage/salary range; ii) a description of any benefits like 401k and other compensation; and iii) how the pay is provided, such as salary, hourly or piece rate. When describing the pay the employer can give a range and state “based on qualifications and experience.” When posting with a third-party, the employer needs to provide the wage and benefit information to the third-party, which could be done with a web-link that provides the information. Even with the disclosure, the employer could pay the employee more to an outstanding job candidate. The employer should document the reasons in its records.
The Illinois Department of Labor enforces this Act through investigations and inspections of records. The Employer must keep the records of the job posting, pay scale/benefits and final determination for 5 years.
