Freelance Worker Protection Act: As of July 1, 2024, freelance workers, defined as anyone hired as an independent contractor, except for construction, generally must be paid for their services within 30 days of the completion of the services, unless a written agreement specifies otherwise. The Act applies where services with a total value of at least $500 within a 500 day period are provided. The Act also requires that any entity hiring a freelance worker must provide a written contract to the worker.
If payment is not made within 30 days or the otherwise agreed upon time, the independent contractor will be entitled to payment of double the underpayment as well as their reasonable attorney’s fees and costs. The Department of Labor will also establish a resolution process where after violations are reported to it, it will require a response from the hiring entity, and if the issue is not resolved, then the issue can be litigated by the freelancer. If the hiring entity fails to respond, they will face a presumption that they are in violation of the Act in court.
Where there is evidence of a pattern of repeated violations, the Attorney General may investigate the matter and impose penalties of $5,000 to $10,000 per violation.
Job Posting Requirements: Effective January 1, 2025, employers with fifteen or more employees must include the salary range and included benefits in job listings. Including a link to a publicly accessible website containing the required information is sufficient to comply with the law. If the employer provided the required information, third parties displaying a job listing must also include the information and can be found to be in violation if they fail to do so. The law will be enforced by the Illinois Department of Labor. If a violation is found, the Department will send the employer a notice, and will only impose a fine if the employer fails to include the required information in the specified time period.
Distribution of AI Generated Nude Images: Last year Illinois enacted a law prohibiting the distribution of nude images of a person without their consent. The law has been expanded to also prohibit the distribution of edited or artificially generated images depicting nudity or sexual activity that a reasonable person would believe to be authentic without the consent of the person being depicted. The law is enforced through civil lawsuits for monetary damages.