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Did You Know?

BOP NEWSLETTER • August 2024

Did you know that religious protections were expanded in Utah?

The new law went into effect on May 1, 2024.

The new law expands workplace protections in Section 112 of the Utah Antidiscrimination Act by prohibiting employers from making employees engage in “religiously objectionable expression” that the employee reasonably believes would burden or offend the “employee’s sincerely held religious beliefs.” The definition of “religiously objectionable expression” is much broader than mere speech. Under the bill, “religiously objectionable expression” means “expression, action or inaction that burdens or offends a sincerely held religious belief, including dress and grooming requirements, speech, scheduling, prayer, and abstention, including abstentions relating to healthcare.”

Employees who believe they are being required to engage in “religiously objectionable expression” may request an accommodation. The employer must not compel the employee to engage in the religiously objectionable expression unless the accommodation would cause an “undue burden” to the employer, which is defined as something that substantially interferes with the employer’s “core mission” or the employer’s “ability to conduct business in an effective or financially reasonable manner.” The accommodation also cannot substantially interfere with the employer’s “ability to provide training and safety instruction for the job.” Employers with fewer than 15 employees are not required to provide scheduling accommodations under the law.

Did you know Illinois has a Freelance Worker Protection Act?

The law took effect July 1, 2024.

The Freelance Worker Protection Act (FWPA) requires entities contracting with freelance workers to provide written contracts and timely compensation and authorizes administrative and civil actions for violations. 

The FWPA defines “freelance worker” as “a natural person” who is hired or retained as an independent contractor by any non-governmental person or entity to provide products or services in Illinois, or for an entity located in Illinois, where the amount paid is at least $500 (in a single contract or in the aggregate of all contracts within a 120-day period). The definition expressly excludes individuals engaged by construction contractors or subcontractors, as defined by the Illinois Employee Classification Act, and “employees,” as defined by the Illinois Wage Payment and Collection Act.

The written contracts between the “freelance worker” and the “contracting entity” must include the following, at a minimum:

  • The name and contact information of both parties (including the hiring party’s mailing address);
  • An itemized list of all products and services provided by the freelance worker, including the value of the products and services and the rate and method of compensation for such products and services;
  • The date on which payment is due (which must be no later than 30 days after the products or services are provided); and
  • If the hiring party requires a list of products and services rendered to timely compensate the freelance worker, the date by which the freelance worker must submit the list.

For more on this law, including available model contracts for use by the general public at no cost, please visit: https://labor.illinois.gov/laws-rules/legal/freelance-worker-protection-act.html.

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