Illinois employers should prepare for three significant changes to state employment laws taking effect January 1, 2027. One expands the Illinois Attorney General’s authority to investigate potential violations of state laws, another requires certain employers to compensate employees for time spent serving on jury duty, and a third limits what employers can put in job postings regarding applicants’ driver’s licenses.
Illinois Attorney General Gets Expanded Authority to Investigate Employers
On July 31, 2026, Governor JB Pritzker signed House Bill 4725 into law, expanding the investigative and enforcement authority of the Illinois Attorney General’s Workplace Rights Bureau. The new law takes effect January 1, 2027.
The Workplace Rights Bureau, established by statute in 2020, investigates and litigates matters involving alleged violations of Illinois labor and employment laws. The new legislation clarifies the Bureau’s jurisdiction and provides additional tools for conducting workplace investigations.
Under the amended Illinois Attorney General Act, the Attorney General will have authority to investigate potential violations of state labor and employment laws by, among other things:
- Issuing subpoenas for documents and other materials;
- Requiring written answers under oath to interrogatories;
- Entering an employer’s premises and inspecting records during normal working hours or other reasonable times;
- Copying records at an employer’s premises; and
- Interviewing employees regarding potential violations.
If an employer refuses access to non-public areas of its premises, the Attorney General may seek an administrative inspection warrant. The Attorney General may also petition a court to compel compliance when a person fails to respond to a subpoena or refuses access to premises, records, or employees.
The law also provides additional confidentiality protections for individuals who cooperate with Workplace Rights Bureau investigations. Individuals who provide information to the Attorney General in connection with an investigation may be treated as confidential government informers, potentially protecting their identities from disclosure.
Employers should also be aware of the law’s new penalties related to investigative materials. An employer or its agent who knowingly removes, conceals, withholds, destroys, mutilates, alters, or falsifies materials subject to a subpoena may be guilty of a Class A misdemeanor.
Illinois Employers Must Provide Paid Jury Duty Leave
Illinois employers should also prepare for a new requirement to pay certain employees while they serve on jury duty.
On July 31, 2026, Governor Pritzker signed House Bill 4844, now Public Act 104-0683, which amends the Illinois Jury Act and Jury Commission Act. Beginning January 1, 2027, employers with more than 25 employees must compensate eligible employees at their regular rate of pay for time spent serving on jury duty.
Employers with 25 or fewer employees are exempt from the new compensation requirement, although they remain subject to Illinois’ existing protections for employees who are summoned for jury service.
The new paid leave requirement supplements those existing protections. Employees must continue to provide reasonable notice of their jury service by delivering a copy of the jury summons to their employer within 10 days after the summons is issued. Employers also remain prohibited from discharging, threatening to discharge, intimidating, or coercing employees because of actual or scheduled jury service.
The amendments do not alter employees’ reinstatement protections following jury service or the remedies available for violations of the statutes, which may include lost wages and benefits, reinstatement, injunctive relief, and attorneys’ fees.
New Restrictions on Driver’s License Requirements in Illinois Job Postings
Employers should also examine their job postings in light of a separate new law. House Bill 4758 amends the Illinois Job Opportunities for Qualified Applicants Act, commonly known as Illinois’ “Ban the Box” law, by limiting when employers may include language in a job posting indicating that applicants must have a valid driver’s license.
Beginning January 1, 2027, covered employers and employment agencies may not state in a job posting that an applicant must have a valid driver’s license unless driving is an essential function of the position and the requirement is a business necessity. If a driver’s license is required, the employer must also include a brief explanation in the posting describing why the requirement is necessary.
The amendment covers employers with 15 or more employees in the current or preceding calendar year, along with covered employment agencies.
The law is intended to remove barriers to employment for applicants who do not drive when driving is unrelated to the position. Violations of the amended Act may result in penalties imposed by the Illinois Department of Labor.
Preparing for January 1, 2027
These three laws create different obligations, but all warrant attention from Illinois employers before year-end. Employers should consider:
- Reviewing their procedures for responding to government investigations, including document preservation and employee interviews;
- Updating jury duty, leave, and payroll policies to account for the new paid leave requirement;
- Reviewing job descriptions to determine whether driving is an essential function of the job and a business necessity;
- Updating job postings that require a driver’s license to include a brief explanation of why the requirement is necessary, where applicable; and
- Training managers, human resources personnel, and recruiting and talent acquisition teams regarding the new requirements.
If you have any questions regarding these new Illinois employment laws or their impact on your business, please contact the authors of this post or your regular Saul Ewing attorney.
