In Compliance News:

Upcoming changes to Illinois law will prohibit salary history inquiries & require review of employer drug policies

Salary History Inquiry Ban – Effective September 29, 2019
Amendments to the Illinois Equal Pay Act (IEPA) become effective September 29, 2019. Included is a ban prohibiting inquiry into and the use of a candidate’s pay history when making employment decisions. Illinois employers will be prohibited from a) screening candidates based on current/prior wages, benefits, and other compensation, b) requiring that salary history meets minimum/maximum criteria for a particular position, and c) requesting salary history as a condition of being considered for employment. Illinois joins with 13 states that have imposed such a ban. For full details on this amendment, we welcome you to READ MORE.

Employment Aspects of the Illinois Cannabis Regulation and Tax Act – Effective January 1, 2020
The Illinois Cannabis Regulation and Tax Act (CRTA)—“Recreational Marijuana Law”—takes effect Jan. 1, 2020. Please keep in mind, there are provisions that may require employers to modify drug use policies:

  • Employers must have good faith belief that an employee was impaired or under the influence in the workplace, defined by identifying specific, articulable symptoms of impairment.
  • If the employee is disciplined or discharged for being impaired by marijuana, there must be reasonable opportunity to contest the basis of the employer’s determination.
  • And, because marijuana use will be legal outside the workplace, employers will likely not be able to rely on the results of testing alone to satisfy the good faith belief requirement, even in post-accident situations, if there is no reasonable suspicion that the employee was impaired by or under the influence of marijuana at the time of the accident.

For full details on all upcoming provisions to the Illinois CRTA, please READ MORE and be prepared for further review or revision of your current drug testing and disciplinary polices where necessary to comply with CRTA.

Questions? We’re here to help. Please feel free to give us a call at 877-345-2021.

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