Illinois Employers Face Expanded Employee Protections with 2025 Legislative Updates – Duane Morris LLP Insight
Illinois employers are navigating a important wave of new employment laws following recent legislative changes enacted in 2025. Duane Morris LLP highlights key amendments adn additions impacting workplace policies and practices, requiring a thorough review of existing procedures and agreements.
Privacy & Technology – Protecting Personal Devices
A notable amendment clarifies employee rights regarding personal electronic devices. While employers cannot penalize employees solely for using a personal device to record an incident of violence or for the device containing evidence of such an incident, the law maintains employers’ ability to enforce reasonable workplace policies concerning device usage and to cooperate with legitimate investigations or court orders related to device content.
Broadening Access to Benefits & leave
Several amendments expand access to crucial benefits for Illinois workers. Employees leaving a job due to a documented mental health disability are now eligible for unemployment insurance compensation. Furthermore, both part-time employees are now included in eligibility for pre-tax commuter benefit plans and paid leave for organ donation. Clarification has also been provided regarding military leave, ensuring employees called to service receive differential compensation for any scheduled shift, regardless of length or scheduling time.
industry-Specific Regulations Enhanced
Specific industries are facing targeted updates to existing regulations:
* Public works Construction: The Prevailing Wage Act now encompasses a wider range of public works projects, accompanied by strengthened enforcement mechanisms and increased penalties for non-compliance.
* Gaming: Occupational licensing requirements under the Gambling Act have been updated, including revised background check and identification badge protocols.
* Child Care Facilities: Expanded criminal background check requirements are now mandated under the Child Care Act, enhancing safety standards.
Future Legislative Landscape & Ongoing Monitoring
Duane Morris LLP continues to closely monitor ongoing legislative activity in Illinois. proposed bills seeking further restrictions – or even a complete ban – on non-compete and non-solicitation agreements for former employees remain under consideration. Additionally, the firm anticipates final rules from the Illinois Department of Labor (IDOL) regarding the recently amended Day and Temporary Labor Services Act. These rules are expected to provide crucial clarity on IDOL’s enforcement priorities concerning employers utilizing temporary staffing agencies.
Employer Action Required
Given the extensive changes, Illinois employers are strongly advised to proactively review and update their policies, procedures, and employee agreements – both in their written form and practical request – to ensure full compliance with the new requirements. Employers currently utilizing or exploring the use of artificial intelligence in employment-related decisions should also consult Duane Morris’ prior guidance on related laws taking effect January 1, 2026.
Contact Facts:
For questions regarding these updates, please contact Daniel O. Canales, Jennifer Long, any attorney within the Duane Morris Employment, labor, Benefits and Immigration Practice Group, or your regular firm contact.
Disclaimer: This information has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. Please see Duane Morris LLP’s full disclaimer for further details.
