In 2021, we reported on a new amendment to the Illinois Equal Pay Act, which imposed new equal pay compliance requirements and created new obligations for private employers with more than 100 employees in Illinois. Recently, the Illinois Department of Labor ("IDOL") published some long-awaited guidance on these new requirements.

Here are some key clarifications:

• Only private employers with 100 employees or more who file an EEO-1 with the Equal Employment Opportunity Commission are required to obtain an Equal Pay Registration Certificate ("covered employers").
  • A covered employer's total number of employees is the total number of people who worked in or were based out of Illinois on December 31 of the 12-month calendar year immediately prior to your submission of the EPRC application.
    • Employees who are based in Illinois should be included in the total employee count, even if they work remotely outside of Illinois. A business with multiple locations must only include those employees who work for an Illinois location.
• The IDOL will assign covered employers an application due date between March 24, 2022 and March 23, 2024. The IDOL will notify covered employers of their applicable deadline at least 120 days before the application will be due.
  • To confirm or inform the IDOL that you are a covered employer, visit the Business Registration Page and submit your business' contact information. The IDOL will then put your business on the list to provide a deadline within the...

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