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. 

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Photo of Alex C. Weinstein Alex C. Weinstein

Alex C. Weinstein is a Shareholder at Vedder Price and a member of the firm’s Labor and Employment practice group in the Chicago office.

Mr. Weinstein represents employers of all sizes in employment litigation and counseling. Mr. Weinstein prides himself on being a

Alex C. Weinstein is a Shareholder at Vedder Price and a member of the firm’s Labor and Employment practice group in the Chicago office.

Mr. Weinstein represents employers of all sizes in employment litigation and counseling. Mr. Weinstein prides himself on being a businessperson’s attorney, by providing practical legal advice that allows businesses to mitigate or respond to potential legal risk while continuing to meet their objectives.

Photo of Elizabeth N. Hall Elizabeth N. Hall

Elizabeth N. Hall is a Shareholder in the firm’s Labor and Employment practice area and serves as the Chicago office chair of the firm’s women’s affinity group, “Women at Vedder Empowering Success” (WAVES).

Ms. Hall represents a wide range of employers before state

Elizabeth N. Hall is a Shareholder in the firm’s Labor and Employment practice area and serves as the Chicago office chair of the firm’s women’s affinity group, “Women at Vedder Empowering Success” (WAVES).

Ms. Hall represents a wide range of employers before state and federal courts and administrative agencies, as well as in arbitral forums, defending them against various claims, including single plaintiff and class allegations of employment discrimination, failure to accommodate disabilities, sexual harassment, wrongful and retaliatory discharge, breach of contract and violations of the FMLA and wage and hour laws. Ms. Hall has successfully argued procedural and employment discrimination issues in the U.S. Court of Appeals for the Seventh Circuit and has particular expertise in managing electronic discovery teams in complex litigation.

A significant portion of Ms. Hall’s daily practice involves providing practical advice to employers regarding risk management; effective employee discipline and discharge; conducting workplace investigations; accommodating disabilities and pregnancy; workplace violence; managing leaves of absence and complying with FMLA and state leave requirements; workforce reductions; drafting and reviewing employment, recruitment and staffing agreements; policy and handbook development; wage and hour compliance; and state and federal employment laws. She frequently trains clients and employer groups on many of these topics.  Ms. Hall also has extensive experience drafting and negotiating severance, settlement and conciliation agreements on behalf of employer clients.

In 2017 and 2018, Ms. Hall was recommended by The Legal 500 United States for the Labor and Employment Disputes (including collective actions): Defense category. In 2018, she was named to the Crain’s Custom Media “Chicago Notable Women Lawyers” list. She also was selected as an Emerging Lawyer, an affiliate of Leading Lawyers, from 2015 to 2019. From 2010 to 2015, Ms. Hall was selected for inclusion as an Illinois Rising Star, and Super Lawyers named her one of the “Top Women Attorneys in Illinois” in the “Rising Star” category in 2013 and 2014.