Topic: Human Resources
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Does the Illinois Human Rights Act require any notices to be displayed in banks?
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Effective January 1, 2015, the Illinois Human Rights Act requires the Illinois Department of Human Rights to prepare and approve a notice with “information concerning an employee’s rights,” which must be either “posted in a conspicuous location on the premises of the employer where notices to employees are customarily posted” or included in any employee…
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Can we obtain a numerical credit score when running credit reports on our employees?
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We believe that you may be able to obtain an employee’s numerical credit score, provided that you obtain the employee’s authorization after clearly disclosing that you are pulling a numerical credit score (not an employee credit report). The FCRA expressly allows you to obtain a “consumer report” for any “employment purpose,” provided that you follow…
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If an employee signed a “standing authorization” for credit reports when hired, can we rely on that to pull the employee’s credit reports on a periodic basis?
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We believe that your organization could use a standing authorization to pull credit reports throughout an employee’s employment at the bank. The FCRA requires that you have the employee’s written authorization to obtain the employee’s credit report after making a “clear and conspicuous disclosure . . . in a document that consists solely of the…
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Can we take an adverse action against a bank employee based on the employee’s credit report or credit score?
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We are not aware of any state or federal laws that would prevent you from taking an adverse action against an employee based on a credit report or credit score, with one caveat (discussed below). State and Federal Law: State law: Illinois’s Employee Credit Privacy Act prohibits most employers from retaliating against an employee based…
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What employee records should a bank retain after an employee leaves the bank, and for how long should we keep those records? We have approximately 25 employees (full- and part-time).
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Below is a list of laws that may be relevant in developing employee record retention policies. The application of the laws may depend on the number of employees at your bank; we believe that the laws below would apply to an institution with approximately twenty-five employees. Illinois contract law: Generally speaking, the statute of limitations for…
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Do you have a list of the employment law posters that we need to display in Illinois?
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Below is a list of Illinois laws that may require you to post a notice or poster. Unless otherwise noted, most posters are available for download on the Illinois Department of Labor’s website, which also has links to other Illinois departments’ required postings. That website also has some of the federally-required postings (though it has…
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If a loan officer chooses not to register as a mortgage loan originator (MLO), can that officer continue servicing existing loans in his or her portfolio?
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We believe that an employee who does not engage in any mortgage loan originator (MLO) activities would be allowed to service existing residential mortgage loans. If an employee is neither taking consumer residential mortgage loan applications (for personal, family, or household use) nor offering or negotiating the terms of such loans for compensation or gain,…
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We are going through the Department of Labor posting requirements. We were told that we are required to display a poster regarding social networking. Do you know where I could find it?
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Your source was likely referring to the National Labor Relations Board’s new Notification of Employee Rights poster, which is available here.
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Can we designate where bank employees may deposit their paychecks?
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Illinois law prohibits all employers from designating a particular bank at which employees may deposit their paychecks. The Illinois Wage Payment and Collection Act states that “[n]o employer may designate a particular financial institution, bank, savings bank, savings and loan, or currency exchange for the exclusive payment or deposit of a check for wages.” 820…
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Are bank employees still required to take two weeks of vacation each year?
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The federal Fair Labor Standards Act (FLSA) does not have any vacation time requirements, nor do any Illinois laws. Instead, vacation time generally is a matter of contract. However, the Federal Reserve Board’s Commercial Bank Examination Manual does state that employees “in sensitive positions” should take at least two consecutive weeks of vacation per year.…