On August 9, 2022, the Illinois Department of Labor (“IDOL”) held a hearing to field public comments on its draft regulations to implement the recent amendments to the Illinois Equal Pay Act (the “Act”). Our previous posts on the Act and the new requirements for Illinois employers are available here and here. The hour-long hearing allowed anyone interested in the draft regulations to make comments or submit written testimony.
Around 20 people attended the hearing with only a handful, including a representative from the Illinois Chamber of Commerce, submitting oral comments. The IDOL did not reference any written comments previously submitted on the draft regulations. Oral comments focused on: (1) the unclear definitions of “average compensation” and “authorized agent” in the draft regulations; (2) the lengthy look-back period for which the IDOL may provide pay data to requesting employees (10 years); and (3) the difficulty employers are facing in navigating the IDOL website to comply with the Equal Pay Certificate requirements.
The IDOL advised that it will respond to the comments made during the hearing as part of its second notice filing to the Joint Committee on Administrative Rules. The IDOL has no deadline to file responses, though it does have just one year to formally adopt the proposed rules from the day they were first published in the Illinois Register (May 20, 2022).
We will continue to provide updates on any further developments in this rulemaking process. Covered Illinois employers should be on the lookout for notice from the IDOL to apply for their Equal Pay Certificate.