HB3129 (the "Bill"), which was introduced in the Illinois House of Representatives on February 16, 2013, and passed by the Labor & Commerce Committee on February 28, 2023, would require Illinois employers to include pay scale information in job postings—or face financial consequences. The Bill defines "pay scale" to mean the salary or hourly wage range that the employer reasonably expects to pay for the position. The Bill has garnered significant support, including adding 10 Democrat sponsors, as it steadily marches towards a final vote in the Illinois House.
More specifically, the Bill would amend the Illinois Equal Pay Act to make it unlawful for an employer with 15 or more employees to fail to include the pay scale for a position in any job posting. If an employer with 15 or more employees utilizes a third party to announce, post, publish or otherwise make known a job posting, the employer would need to provide the pay scale to the third party, and the third party, in turn, would be required to include the pay scale in the job posting.
Employers that do not comply with the Bill would risk significant financial consequences. As originally drafted, aggrieved employees could bring a civil action to recover actual damages, special damages not to exceed $10,000, injunctive relief and reasonable attorneys' fees. Employees would have up to 5 years to bring a cause of action. In addition, civil penalties for violating the Bill would vary depending on the size of the...
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