Salary Transparency: Frequently Asked Questions
As of January 1, 2025, salary transparency is the law in Illinois. Here’s what you need to know!
The law is an amendment to Illinois’ Equal Pay Act. It requires companies and organizations who have at least 15 employees to include information about pay range, expected benefits, and other compensation they will offer in any job opportunity that they post. It also requires those employers to let their current employees know when they are looking for external candidates for a position that could be an opportunity for promotion, so that current employees can apply.
Salary transparency requirements go into effect in Illinois on January 1, 2025.
If an employer is based in Illinois, and has 15 or more employees, they must include a pay range and information on expected benefits and additional compensation for any position listed in a job posting that is posted after January 1, 2025.
No. Employers are not required to post job opportunities. However, if a company chooses to post a specific job opportunity, they must comply with the law.
It depends! If the job includes work that will be done in Illinois, or if the person in the position will report to a supervisor, management, office, or other work site in Illinois, then the employer must provide pay information for that job. If the job will be done entirely outside of Illinois, and the person in that role will not report to a supervisor, management, office, or work site in Illinois, the employer is not required to provide salary information.
The law requires employers to provide the “pay scale and benefits” for positions they post. That means they have to provide the anticipated wage or salary range, and a general description of any benefits and other compensation, including things like bonuses, stock options, or other incentives the employer reasonably expects to offer. While an employer must describe the types of benefits they provide, they aren’t required to give specific details, terms and conditions, or dollar values.
No! Illinois’ pay transparency requirements apply to both salaried and hourly positions, and to positions where employees will receive tips, bonuses, or commissions. No matter how a position is paid, an employer must provide pay information on posted job listings. If an employee may receive tips, commissions, or bonuses, an employer has to include that in their job posting, but does not need to provide the estimated dollar amounts.
Yes, as long as the posted pay scale and benefits were created and provided by the employer in good faith, that employer can offer a candidate compensation and benefits that differ from what they included on the posting. For instance, if a candidate doesn’t have the level of education or experience requested in the posting, and the employer decides to make an offer to that candidate anyway, they could offer a lower salary than posted. The Illinois Department of Labor will consider the specific facts of the situation, potentially including reviewing employer records, when they determine if the original pay and benefits information was provided in good faith.
Absolutely! You can still negotiate your salary with the employer. To prepare for salary negotiation, you can click here to watch a salary negotiation workshop with tips on making the strongest case for yourself!
- First, make sure that the company is covered by the law. Not all employers are required to include pay information in their job postings. If the company or organization has fewer than 15 employees, if the posting is for a position that is outside of Illinois, or if the job was posted before January 1, 2025, it is possible the employer is not required to include this information in their post.
- However, if none of the above exemptions apply, and you feel the job posting is in violation of the law, you can file an equal pay complaint online with the Illinois Department of Labor. You can also file a complaint in person at one of the Illinois Department of Labor’s offices. Complaints must be filed within one year of the date of the alleged violation, so it’s important not to wait. Complaints can be made anonymously.
- Employers cannot retaliate against you for filing a complaint. Under the law, an employer or employment agency may not refuse to interview, hire, promote, or employ, and they may not retaliate in any other way against, any person for exercising their pay transparency rights.
Employers cannot retaliate against you for filing a complaint. Under the law, an employer or employment agency may not refuse to interview, hire, promote, or employ, and they may not retaliate in any other way against, any person for exercising their pay transparency rights.
For more information on your equal pay rights in Illinois, visit our fair pay resource page.
Note: the Illinois Department of Labor has not finalized the regulations for this new law; once they do, we will provide more specific information. The FAQs are provided for informational purposes, and do not constitute legal advice.