As we covered in previous updates, Illinois passed the Illinois Paid Leave for All Workers Act which was effective 1/1/24. The IDOL has scheduled additional webinars on this topic to address questions. We continue to closely monitor any changes or clarifications and will report any new information.
2024 Poster Updates
As a reminder, you should display the IL Paid Leave For All Workers Act Notice wherever your other workplace notices are posted. Other required IL and Chicago posters that should be updated for 2024 include:
- 2024 Your Rights Under IL Employment Laws Poster; Updated VESSA Poster and in Chicago city limits, the Updated Minimum Wage Poster
DOL Announces Final Rule on Independent Contractors
On January 10, 2024, the US Department of Labor published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to take effect on March 11, 2024.
Rescinding and replacing the Trump administration’s more streamlined workers classification analysis, it returns to the six-factor test, with no factor carrying more weight than anther. These factors are:
- The opportunity for profit or loss depending on managerial skill;
- Investments by the worker and potential employer;
- The degree of permanence of the work relationship;
- The nature and degree of control over performance of the work and working relationship;
- The extent to which the work performed is an integral part of the potential employer’s business; and
- The skill and initiative of the worker.
With the finalization of these standards, employers may want to evaluate any independent contractor agreements and make necessary changes as needed.