M E M O R A N D U M

TO:		The Mandatory Poster Agency

FROM:	Rhonda R. Ames

DATE:	October 13, 2008

RE:		Illinois required posters

I have reviewed the required posters for Illinois and provide you with the following information:
POSTERS

Illinois has a state website that provides a list of the required posters. That list can be found at:
http://www.state.il.us/agency/idol/Posters/poster.htmhttp://www.state.il.us/agency/idol/Posters/poster.htm

Your Rights Under Illinois Employment Laws
http://www.state.il.us/agency/idol/forms/pdfs/flsposter.pdf

Based on a review of the website, together with Mike Bishop’s conversation with a couple different people within the Illinois Department of Labor, it appears that numerous posters were combined into one poster. The Illinois website (set forth at the very top) indicates that the following posters are now included on this one poster:  Wage Payment and Collection Act, Child Labor Law, Minimum Wage Law, Equal Pay Act, Victims’ Economic Security and Safety Act and the One Day Rest in Seven Act. 

Therefore, based upon this information, and a review of the posters, I would recommend that MPA reprint the poster (http://www.state.il.us/agency/idol/forms/pdfs/flsposter.pdf)  in its entirety.

Additionally, since the six posters were consolidated into one, I would recommend that MPA delete the following “individual” posters:
Illinois Department of Labor Notice to Employers & Employees (contained information about child labor, overtime, etc.
	Wage Payment and Collect Act
	Child Labor
	Occupations Deemed Hazardous to Minors
	Victims’ Economic Security and Safety Act
	Equal Pay is the Law

Notice to Individuals Performing Services for Construction Contractors
http://www.state.il.us/agency/idol/FORMS/PDFS/ECA3in1.PDF

It does not appear that MPA has this poster at all. Therefore, I would recommend printing it in its entirety.

NOTE:  **Please note that pursuant to the statute that requires the posting, it also specifically states that the poster is to be posted in English, Spanish, and Polish. Therefore, when printing the poster, please be sure to include all three versions. **

Workplace Safety & Health for Public Employees
http://www.state.il.us/agency/idol/forms/pdfs/Safetye.pdf

The poster has been completely revised as of 06/08. Therefore, please reprint the poster in its entirety.

Day and Temporary Labor Service Agencies
http://www.state.il.us/agency/idol/forms/PDFS/DLposterE.pdf

The poster is correct as is.

Workers’ Compensation
http://www.iwcc.il.gov/icpn.pdf

It appears that MPA’s version of the Workers’ Compensation is dated 01/04. However, the poster that I have found online is dated 12/04. In reviewing the poster, it does appear that there have been textual changes. Therefore, I would recommend that the poster be reprinted in its entirety.

Unemployment Insurance
http://www.ides.state.il.us/employer/general/notice-ui.pdf

There was a small typographical error in the poster that needs to be corrected. In the fourth full paragraph (starting with the words, “If, during a calendar week an employee does not work . . .”), the very last sentence has a few words that were omitted. Therefore, the last sentence of that paragraph should read,

“For any such week, employers should provide employees with a statement of “low earnings” which should be taken to their Illinois Department of Employment Security office.”

Choking Poster
http://www.idph.state.il.us/pdf/ChokingPoster.pdf

I do not see that this poster is included at all. Therefore, please print the poster in its entirety.

Smoke Free
http://www.idph.state.il.us/smokefree/Smoke-FreeSign.pdf

I do not see that this poster is included at all. Therefore, please print the poster in its entirety.

Right to Know
The Right to Know poster is not listed on the required posters page. Therefore, I called and spoke to the Illinois Department of Labor and asked if this poster was still required. I was informed that it was no longer required and that Illinois adopted the OSHA standard. 

However, despite the fact that I am being told that the poster is not required and that it is not on the required posters webpage, and upon speaking with Mr. Brake, I would recommend that MPA keep the Right to Know poster. Illinois has not changed its statute. Therefore, it is a better decision to keep the poster so that there is no potential violation of the statute.

FLYER

Even though the poster entitled “Your Rights Under Illinois Employment Laws” contains six different posters, we are going to list each of the statutory requirements separately.

Wage Payment and Collection Act - Please add this to the flyer:

Wage Payment & Collection Act (820 ILCS 115/3)
“The employer may provide this notice by conspicuously posting the notice at the location where the wages are received by the daily wage employees.”

Child Labor - Please add this to the flyer:

	Child Labor Law (820 ILCS 205/5)
“Every employer covered by this Act shall post in a conspicuous place where minors under 16 years of age are employed, or allowed to work, a printed abstract of this Act and a list of the occupations prohibited to such minors, to be furnished by the Department of Labor. Such employers shall post in a conspicuous place where minors under 16 years of age are employed, or allowed to work a printed notice stating the hours of commencing and stopping work, the hours when the time or times allowed for dinner or other meals, begin and end, and the Department’s toll free telephone number established under Section 17.4.”

Minimum Wage Law - Please add this to the flyer:

	Minimum Wage Law (820 ILCS 105/9)
“Every employer subject to any provision of this Act or of any regulations issued under this Act shall keep a summary of this Act approved by the Director, and copies any applicable regulations issued under this Act or a summary of such regulations, posted in a conspicuous and accessible place in or about the premises wherever any person subject to this Act is employed.”

Equal Pay Act - Please revise to read as follows:

“Every employer covered by this Act shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice . . . summarizing the requirements of this Act . . .”

Victims’ Economic Security and Safety Act - The flyer language is correct as is.

One Day Rest in Seven Act - Please add this to the flyer:

	One Day Rest in Seven Act (820 ILCS 140/4)
“ . . . [E]very employer shall post in a conspicuous place on the premises, a schedule containing a list of his employees who are required or allowed to work on Sunday, and designating the day of rest for each.”

Employee Classification Act - Please add this to the flyer:

Employee Classification Act (820 ILCS 185/15)
“An entity for whom one or more individuals perform services who are not classified as employees under Section 10 of this Act shall post and keep posted, in a conspicuous place on each job site where those individuals perform services and in each of its offices, a notice in English, Spanish, and Polish, . . . summarizing the requirements of this Act.”

Health & Safety - Please add this to the flyer:

	Workplace Safety & Health for Public Employees (Illinois Admin. Code 350.130)
“Each employer covered by this Part shall post and keep posted a notice . . . informing employees of the protections and obligations provided for in the Acts. * * * The notice shall be posted by the employer in each place of business in a conspicuous location or locations where notices to employees are customarily posted.”

Day and Temporary Labor Service Act - Please revise so that it reads as follows:

Day and Temporary Labor Services Act - (Illinois Admin. Code 260.490)
“A day and temporary labor service agency shall post and keep posted at each location, in the public access area, easily accessible to all employees, notices . . . containing a copy or summary of the provisions of the Act . . .”

Workers’ Compensation Act - The flyer language is correct as is.

Unemployment Insurance Act - The flyer language is correct as is.

Emergency Care for Choking - Please add the following to the flyer:

	Emergency Care for Choking (Illinois Admin. Code 520.50)
“Each food service establishment in the State of Illinois shall have posted in a conspicuous location that is visible to both patrons and employees the “Choke-Saving Methods Act placard.”

Smoke Free Illinois Act - Please add the following to the flyer:

	Smoke Free Illinois Act (410 ILCS 82/20)
“Each public place and place of employment where smoking is prohibited by this Act shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.”

Right to Know
Include under the Also Required section.

I realize that the flyer may not contain enough room to include all of these citations. Therefore, if you don’t have enough room, please provide an “Also Required and Included” section.