The Illinois Department of Labor (IDOL) has, at long last, issued proposed rules implementing its equal pay registration certificate (EPRC) requirements. As a reminder, Illinois is setting deadlines for covered employers to apply for certification on a rolling basis.
The proposed rules largely reiterate the statutory requirements with only slight clarifications. The bulk of the rules focus on the state's procedures for processing applications and appeals. Here are some of the proposed rule's key highlights.
Key Highlights
Definition of "Employee." The regulations clarify the definition of "employee" to be counted and reported under the law. They provide that an employee: "means any person performing a service for a business under the act whose base of operations, or if there is no base of operations, the place from which the service is directed or controlled, is located within the state of Illinois; or whose base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in the state of Illinois."
While this definition leaves some open questions, it clarifies that the law covers not only employees based at a business's physical location in Illinois, but also (1) employees who work remotely outside of Illinois whose work is directed or controlled within Illinois, and (2) remote employees within Illinois whose work is controlled or based outside of Illinois...
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