Tag Archives: employment law posters

The New Year is Coming…Is Your Office Prepared with the Required Illinois Posters for 2019?

Contributed by Sara Zorich, November 20, 2018

As the holidays are quickly approaching and the hustle and bustle of the end of the year begins, it is important to focus on compliance for 2019. Illinois employers need to ensure that they have the required Illinois postings displayed in their workplaces. The following Illinois posters are required for the designated Illinois employers:

  1. NEW Discrimination and Sexual Harassment Poster (Required to be posted by ALL ILLINOIS EMPLOYERS as of September 2018). In addition, employers should review the notice to employers which outlines information about the poster AND the additional posting requirements necessary in the Company’s handbook.
  2. NEW Illinois Service Member Employment and Reemployment Rights Act (ISERRA) Poster (Required to be posted by ALL ILLINOIS EMPLOYERS by January 1, 2019). This is a new law applicable to public and private employers governing military service leave which aligns Illinois’ military law with the federal law USERRA. For private employers, there are some additional requirements beyond USERRA regarding performance reviews addressed in Section 330 ILCS 61/5-5(3) of the Act. This new law has NO IMPACT on the Illinois Family Military Leave Act which is still applicable law.
  3. Pregnancy Notice (Required to be posted by ALL ILLINOIS EMPLOYERS)
  4. Know Your Rights Poster (Required to be posted by ALL ILLINOIS EMPLOYERS)
  5. Workers Compensation (Required to be posted by ALL ILLINOIS EMPLOYERS)
  6. Unemployment Insurance Benefits Notice (Required to be posted by ALL ILLINOIS EMPLOYERS)
  7. Emergency Choking Notice (Required to be posted by ALL ILLINOIS EMPLOYERS)
  8. Smoke Free Illinois Act Notice (Required to be posted by ALL ILLINOIS EMPLOYERS)
  9. Sexual Harassment in Higher Education Act Poster (Required for those entities who are a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in Illinois)
  10. Employee Classification Act of 2008 Poster (Required to be posted by ALL ILLINOIS CONSTRUCTION CONTRACTORS that have one or more individuals that are not classified as employees)
  11. Illinois Occupational Safety & Health Act Poster (Required to be posted by ALL ILLINOIS PUBLIC SECTOR EMPLOYERS)
  12. Illinois Day and Temporary Labor Services Act (Required to be posted by ALL ILLINOIS TEMPORARY LABOR AGENCIES)

Have You Checked Your State and Federal Law Posters Lately? If Not, You Should!

Contributed by Mike Wong, June 8, 2016

Under Federal, State and local laws, employers are required to post information regarding laws that protect workers in the workplace, including but not limited to wage laws, discrimination laws, workers’ compensation laws, unemployment law, protected leave laws and safety issues.  In Illinois these include the following:

  • IL Dept. of Labor State of Illinois Your rights Under Illinois Employment Laws
  • IL Workers’ Compensation Notice
  • IL Unemployment Insurance Benefits Notice
  • IL Emergency Care for Choking
  • IL Smoke Free Illinois Act
  • FLSA / Minimum Wage compliance poster
  • Equal Employment Opportunity (EEO) poster and Supplement for Pay Transparency Non-Discrimination Provision poster (for federal contractors)
  • Occupational Safety and Health Act (OSHA) poster
  • Family Medical Leave Act (FMLA) poster
  • Employee Polygraph Protection Act (EPPA) notice
  • Uniformed Services Employment and Reemployment Rights Act (USERRA) poster

An example of a local law poster, would be the poster required for the Chicago Minimum Wage.

Know the RulesWhile it is easy to post these and forget about them, it is important to review the posters as they are updated periodically. This means that you must regularly (or at least annually) check the posters to make sure that they are up to date and that all of the required posters are posted. For example, any poster addressing wages (including the state, federal and local minimum wages) should be updated any time the minimum wage is increased or changed.

This is especially important as employers can be fined for not having the correct posters up.  Indeed, the EEOC has recently again increased the fine for failing to post its posters.  Initially the fine was $100 per violation, which was increased to $110 in 1997 and then $210 in 2014.

On May 25, 2016, the EEOC announced that effective June 2, 2016, the fine for failing to have the required posters will increase from $210 to $525 for each separate offense.  This means that you could be fined up to $525 for each instance or location that you do not have the correct poster up.

Fines for failing to post the proper posters can come from investigations of charges of discrimination. However, that is not the only way that these types of violations are brought to the attention of the EEOC. In fact, the EEOC has reported that usually employers are fined after a worker reports or brings the violation to the EEOC’s attention.

Information and copies of the required posters can often be found on the state and federal administrative agency websites. Additionally, there are many vendors that offer comprehensive posters. However, if you go with a vendor’s poster, it is always important to double check the information on the poster to ensure that it covers all applicable state and federal laws, as you are the one who will be held responsible if it does not.

If you have questions, experienced labor and employment counsel can always help confirm that you have all of the required and current posters that you need to post.