New Illinois Law to Disclose Pay and Benefits

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Employers in Illinois Will Need to Disclose Pay and Benefits

A new Illinois law will add a new twist to the search for a new job. HB 3129 mandates that most Illinois-based businesses disclose pay scale and benefits on job listings starting Jan 1. 1. According to the law, the requirement will apply to all companies with at least 15 employees. The requirement will also apply to third-party websites and other outlets that announce, post, or otherwise publicize job listings.

This law requires employers to keep records showing pay scales and the benefits of each position offered. Authorities can impose penalties, including civil fines, on firms that do not comply with the legislation.

Illinois is not the first state to implement similar legislation. California and Washington both have laws requiring that job listings include information on pay scale and benefits. States such as Colorado, Connecticut, and Maryland have laws requiring employers to disclose pay and benefits. Disclosures are provided upon request during interviews.

Employers to Begin Pay Disclosure

After January 1, 2025, employers with 15 or more employees must disclose the pay scale and benefits. The inclusion of a hyperlink to a publicly viewable web page that includes the pay scale and benefits satisfies the requirements for inclusion under this subsection.

If an employer engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party shall include the pay scale and benefits, or a hyperlink to the pay scale and benefits, in the job posting. The third party is liable for failure to include the pay scale and benefits in the job posting, unless the third party can show that the employer did not provide the necessary information regarding pay scale and benefits.

An employer shall announce, post, or otherwise make known all opportunities for promotion to all current employees no later than 14 calendar days after the employer makes an external job posting for the position, except for positions in the State of Illinois workforce designated as exempt from competitive selection. More information on the terms of the legislation can be found on the Illinois General Assembly’s website.