Effective August 15, 2025, Illinois enacted several workplace law updates affecting employer policies and agreements.

VESSA (Victims’ Economic Security and Safety Act)
Employees may now use company-issued devices (like work phones or laptops) to record or document domestic, sexual, or other violent crimes involving themselves or family members.

• Employers are prohibited from discriminating against employees in any aspect of employment for their use of company equipment for the aforementioned purposes. 
• Employers cannot discipline or deny devices for this use.
• Employees must be allowed to access related photos or recordings on company devices.
  

Workplace Transparency Act (WTA)
The WTA prohibits employers from requiring employees to refrain from making truthful statements or disclosures about alleged unlawful employment practices. The WTA also allows agreements for employees to waive certain claims, but only under specified conditions such as with adequate consideration, notification of the right to have an attorney review the agreement, and time for the employees to consider the agreement and revoke their signatures. HB3638, signed into law on August 15, 2025, expands and clarifies some of the WTA’s requirements:

• Employers cannot restrict employees from working together (“concerted activity”) to address workplace issues or from participating in investigations or lawsuits.

• Agreements cannot shorten legal deadlines, apply non-Illinois law, or require disputes to be handled outside Illinois.

• Confidentiality in settlements must be the employee’s choice and supported by separate compensation.
• Employees who successfully challenge unlawful agreements may now recover consequential damages in addition to attorney’s fees.