Illinois 2023-2024 Regular Session

Illinois House Bill HB5300 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5300 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 820 ILCS 40/2 from Ch. 48, par. 2002820 ILCS 115/2 from Ch. 48, par. 39m-2820 ILCS 115/10 from Ch. 48, par. 39m-10820 ILCS 115/14 from Ch. 48, par. 39m-14 Amends the Personnel Record Review Act. Provides that every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect his or her pay stubs. Amends the Illinois Wage Payment and Collection Act. Provides that employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period (rather than shall furnish each employee with an itemized statement of deductions made from the employee's wages for each pay period). Provides that an employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form, and the employer shall furnish the pay stub to the employee or former employee upon the employee or former employee's request. Provides that an employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. Provides that an employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor. Defines "pay stub". LRB103 39473 SPS 69668 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5300 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 820 ILCS 40/2 from Ch. 48, par. 2002820 ILCS 115/2 from Ch. 48, par. 39m-2820 ILCS 115/10 from Ch. 48, par. 39m-10820 ILCS 115/14 from Ch. 48, par. 39m-14 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 115/2 from Ch. 48, par. 39m-2 820 ILCS 115/10 from Ch. 48, par. 39m-10 820 ILCS 115/14 from Ch. 48, par. 39m-14 Amends the Personnel Record Review Act. Provides that every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect his or her pay stubs. Amends the Illinois Wage Payment and Collection Act. Provides that employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period (rather than shall furnish each employee with an itemized statement of deductions made from the employee's wages for each pay period). Provides that an employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form, and the employer shall furnish the pay stub to the employee or former employee upon the employee or former employee's request. Provides that an employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. Provides that an employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor. Defines "pay stub". LRB103 39473 SPS 69668 b LRB103 39473 SPS 69668 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5300 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
33 820 ILCS 40/2 from Ch. 48, par. 2002820 ILCS 115/2 from Ch. 48, par. 39m-2820 ILCS 115/10 from Ch. 48, par. 39m-10820 ILCS 115/14 from Ch. 48, par. 39m-14 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 115/2 from Ch. 48, par. 39m-2 820 ILCS 115/10 from Ch. 48, par. 39m-10 820 ILCS 115/14 from Ch. 48, par. 39m-14
44 820 ILCS 40/2 from Ch. 48, par. 2002
55 820 ILCS 115/2 from Ch. 48, par. 39m-2
66 820 ILCS 115/10 from Ch. 48, par. 39m-10
77 820 ILCS 115/14 from Ch. 48, par. 39m-14
88 Amends the Personnel Record Review Act. Provides that every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect his or her pay stubs. Amends the Illinois Wage Payment and Collection Act. Provides that employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period (rather than shall furnish each employee with an itemized statement of deductions made from the employee's wages for each pay period). Provides that an employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form, and the employer shall furnish the pay stub to the employee or former employee upon the employee or former employee's request. Provides that an employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. Provides that an employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor. Defines "pay stub".
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1414 1 AN ACT concerning employment.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Personnel Record Review Act is amended by
1818 5 changing Section 2 as follows:
1919 6 (820 ILCS 40/2) (from Ch. 48, par. 2002)
2020 7 Sec. 2. Open records. Every employer shall, upon an
2121 8 employee's request which the employer may require be in
2222 9 writing on a form supplied by the employer, permit the
2323 10 employee to inspect his or her pay stubs as defined in Section
2424 11 2 of the Illinois Wage Payment and Collection Act and any
2525 12 personnel documents which are, have been or are intended to be
2626 13 used in determining that employee's qualifications for
2727 14 employment, promotion, transfer, additional compensation,
2828 15 discharge or other disciplinary action, except as provided in
2929 16 Section 10. The inspection right encompasses personnel
3030 17 documents in the possession of a person, corporation,
3131 18 partnership, or other association having a contractual
3232 19 agreement with the employer to keep or supply a personnel
3333 20 record. An employee may request all or any part of his or her
3434 21 records, except as provided in Section 10. The employer shall
3535 22 grant at least 2 inspection requests by an employee in a
3636 23 calendar year when requests are made at reasonable intervals,
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5300 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
4141 820 ILCS 40/2 from Ch. 48, par. 2002820 ILCS 115/2 from Ch. 48, par. 39m-2820 ILCS 115/10 from Ch. 48, par. 39m-10820 ILCS 115/14 from Ch. 48, par. 39m-14 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 115/2 from Ch. 48, par. 39m-2 820 ILCS 115/10 from Ch. 48, par. 39m-10 820 ILCS 115/14 from Ch. 48, par. 39m-14
4242 820 ILCS 40/2 from Ch. 48, par. 2002
4343 820 ILCS 115/2 from Ch. 48, par. 39m-2
4444 820 ILCS 115/10 from Ch. 48, par. 39m-10
4545 820 ILCS 115/14 from Ch. 48, par. 39m-14
4646 Amends the Personnel Record Review Act. Provides that every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect his or her pay stubs. Amends the Illinois Wage Payment and Collection Act. Provides that employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period (rather than shall furnish each employee with an itemized statement of deductions made from the employee's wages for each pay period). Provides that an employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form, and the employer shall furnish the pay stub to the employee or former employee upon the employee or former employee's request. Provides that an employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. Provides that an employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor. Defines "pay stub".
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5858 820 ILCS 115/14 from Ch. 48, par. 39m-14
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7777 1 unless otherwise provided in a collective bargaining
7878 2 agreement. The employer shall provide the employee with the
7979 3 inspection opportunity within 7 working days after the
8080 4 employee makes the request or if the employer can reasonably
8181 5 show that such deadline cannot be met, the employer shall have
8282 6 an additional 7 days to comply. The inspection shall take
8383 7 place at a location reasonably near the employee's place of
8484 8 employment and during normal working hours. The employer may
8585 9 allow the inspection to take place at a time other than working
8686 10 hours or at a place other than where the records are maintained
8787 11 if that time or place would be more convenient for the
8888 12 employee. Nothing in this Act shall be construed as a
8989 13 requirement that an employee be permitted to remove any part
9090 14 of such personnel records or any part of such records from the
9191 15 place on the employer's premises where it is made available
9292 16 for inspection. Each employer shall retain the right to
9393 17 protect his records from loss, damage, or alteration to insure
9494 18 the integrity of the records. The employer shall, upon the
9595 19 employee's written request, email or mail a copy of the
9696 20 requested record to the employee by the email address or
9797 21 mailing address identified by the employee for the purpose of
9898 22 receiving the copy of requested record. An employer may charge
9999 23 a fee for providing a copy of the requested record. The fee
100100 24 shall be limited to the actual cost of duplicating the
101101 25 requested record.
102102 26 (Source: P.A. 103-201, eff. 1-1-24.)
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113113 1 Section 10. The Illinois Wage Payment and Collection Act
114114 2 is amended by changing Sections 2, 10, and 14 as follows:
115115 3 (820 ILCS 115/2) (from Ch. 48, par. 39m-2)
116116 4 Sec. 2. Definitions. For all employees, other than
117117 5 separated employees, "wages" shall be defined as any
118118 6 compensation owed an employee by an employer pursuant to an
119119 7 employment contract or agreement between the 2 parties,
120120 8 whether the amount is determined on a time, task, piece, or any
121121 9 other basis of calculation. Payments to separated employees
122122 10 shall be termed "final compensation" and shall be defined as
123123 11 wages, salaries, earned commissions, earned bonuses, and the
124124 12 monetary equivalent of earned vacation and earned holidays,
125125 13 and any other compensation owed the employee by the employer
126126 14 pursuant to an employment contract or agreement between the 2
127127 15 parties. Where an employer is legally committed through a
128128 16 collective bargaining agreement or otherwise to make
129129 17 contributions to an employee benefit, trust or fund on the
130130 18 basis of a certain amount per hour, day, week or other period
131131 19 of time, the amount due from the employer to such employee
132132 20 benefit, trust, or fund shall be defined as "wage
133133 21 supplements", subject to the wage collection provisions of
134134 22 this Act.
135135 23 As used in this Act, the term "employer" shall include any
136136 24 individual, partnership, association, corporation, limited
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147147 1 liability company, business trust, employment and labor
148148 2 placement agencies where wage payments are made directly or
149149 3 indirectly by the agency or business for work undertaken by
150150 4 employees under hire to a third party pursuant to a contract
151151 5 between the business or agency with the third party, or any
152152 6 person or group of persons acting directly or indirectly in
153153 7 the interest of an employer in relation to an employee, for
154154 8 which one or more persons is gainfully employed.
155155 9 As used in this Act, the term "employee" shall include any
156156 10 individual permitted to work by an employer in an occupation,
157157 11 but shall not include any individual:
158158 12 (1) who has been and will continue to be free from
159159 13 control and direction over the performance of his work,
160160 14 both under his contract of service with his employer and
161161 15 in fact; and
162162 16 (2) who performs work which is either outside the
163163 17 usual course of business or is performed outside all of
164164 18 the places of business of the employer unless the employer
165165 19 is in the business of contracting with third parties for
166166 20 the placement of employees; and
167167 21 (3) who is in an independently established trade,
168168 22 occupation, profession or business.
169169 23 "Pay stub" means an itemized statement or statements
170170 24 reflecting an employee's hours worked, rate of pay, overtime
171171 25 pay and overtime hours worked, gross wages earned, deductions
172172 26 made from the employee's wages, total of wages and deductions
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183183 1 year to date, and the unused balance of any benefit or paid
184184 2 time off that is available to the employee. For the purposes of
185185 3 this definition, "pay stub" may include the unused balance of
186186 4 any benefit or paid time off in a separate statement from any
187187 5 other required information.
188188 6 The following terms apply to an employer's use of payroll
189189 7 cards to pay wages to an employee under the requirements of
190190 8 this Act:
191191 9 "Payroll card" means a card provided to an employee by an
192192 10 employer or other payroll card issuer as a means of accessing
193193 11 the employee's payroll card account.
194194 12 "Payroll card account" means an account that is directly
195195 13 or indirectly established through an employer and to which
196196 14 deposits of a participating employee's wages are made.
197197 15 "Payroll card issuer" means a bank, financial institution,
198198 16 or other entity that issues a payroll card to an employee under
199199 17 an employer payroll card program.
200200 18 (Source: P.A. 98-862, eff. 1-1-15.)
201201 19 (820 ILCS 115/10) (from Ch. 48, par. 39m-10)
202202 20 Sec. 10.
203203 21 (a) Employers shall notify employees, at the time of
204204 22 hiring, of the rate of pay and of the time and place of
205205 23 payment. Whenever possible, such notification shall be in
206206 24 writing and shall be acknowledged by both parties. Employers
207207 25 shall also notify employees of any changes in the
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218218 1 arrangements, specified above, prior to the time of change.
219219 2 (b) Employers shall keep records of names and addresses of
220220 3 all employees and of wages paid each payday, and shall furnish
221221 4 each employee with a pay stub an itemized statement of
222222 5 deductions made from his wages for each pay period.
223223 6 (c) An employer shall maintain a copy of an employee's pay
224224 7 stub for a period of not less than 3 years after the date of
225225 8 payment, whether the pay stub is furnished electronically or
226226 9 in paper form.
227227 10 (d) In addition to furnishing a pay stub for each pay
228228 11 period as required under subsection (b), an employer shall
229229 12 furnish the pay stub to an employee or former employee upon the
230230 13 employee or former employee's request. An employer who
231231 14 furnishes electronic pay stubs in a manner that is restricted
232232 15 to the employer's current employees must, upon an employee's
233233 16 separation from employment, provide the employee or former
234234 17 employee with a paper or emailed electronic record of all of
235235 18 the employee's or former employee's pay stubs for up to 3 years
236236 19 prior to the date of separation, in the method specified by the
237237 20 employee or former employee.
238238 21 (e) Every employer shall post and keep posted at each
239239 22 regular place of business in a position easily accessible to
240240 23 all employees one or more notices indicating the regular
241241 24 paydays and the place and time for payment of his employees,
242242 25 and on forms supplied from time to time by the Department of
243243 26 Labor containing a copy or summary of the provisions of this
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254254 1 Act.
255255 2 (Source: P.A. 81-593.)
256256 3 (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
257257 4 Sec. 14. Penalties.
258258 5 (a) Any employee not timely paid wages, final
259259 6 compensation, or wage supplements by his or her employer as
260260 7 required by this Act shall be entitled to recover through a
261261 8 claim filed with the Department of Labor or in a civil action,
262262 9 but not both, the amount of any such underpayments and damages
263263 10 of 5% of the amount of any such underpayments for each month
264264 11 following the date of payment during which such underpayments
265265 12 remain unpaid. In a civil action, such employee shall also
266266 13 recover costs and all reasonable attorney's fees.
267267 14 (a-5) In addition to the remedies provided in subsections
268268 15 (a), (b), and (c) of this Section, any employer or any agent of
269269 16 an employer, who, being able to pay wages, final compensation,
270270 17 or wage supplements and being under a duty to pay, willfully
271271 18 wilfully refuses to pay as provided in this Act, or falsely
272272 19 denies the amount or validity thereof or that the same is due,
273273 20 with intent to secure for himself or other person any
274274 21 underpayment of such indebtedness or with intent to annoy,
275275 22 harass, oppress, hinder, delay or defraud the person to whom
276276 23 such indebtedness is due, upon conviction, is guilty of:
277277 24 (1) for unpaid wages, final compensation or wage
278278 25 supplements in the amount of $5,000 or less, a Class B
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289289 1 misdemeanor; or
290290 2 (2) for unpaid wages, final compensation or wage
291291 3 supplements in the amount of more than $5,000, a Class A
292292 4 misdemeanor.
293293 5 Each day during which any violation of this Act continues
294294 6 shall constitute a separate and distinct offense.
295295 7 Any employer or any agent of an employer who violates this
296296 8 Section of the Act a subsequent time within 2 years of a prior
297297 9 criminal conviction under this Section is guilty, upon
298298 10 conviction, of a Class 4 felony.
299299 11 (b) Any employer who has been demanded or ordered by the
300300 12 Department or ordered by the court to pay wages, final
301301 13 compensation, or wage supplements due an employee shall be
302302 14 required to pay a non-waivable administrative fee to the
303303 15 Department of Labor in the amount of $250 if the amount ordered
304304 16 by the Department as wages owed is $3,000 or less; $500 if the
305305 17 amount ordered by the Department as wages owed is more than
306306 18 $3,000, but less than $10,000; and $1,000 if the amount
307307 19 ordered by the Department as wages owed is $10,000 or more. Any
308308 20 employer who has been so demanded or ordered by the Department
309309 21 or ordered by a court to pay such wages, final compensation, or
310310 22 wage supplements and who fails to seek timely review of such a
311311 23 demand or order as provided for under this Act and who fails to
312312 24 comply within 15 calendar days after such demand or within 35
313313 25 days of an administrative or court order is entered shall also
314314 26 be liable to pay a penalty to the Department of Labor of 20% of
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325325 1 the amount found owing and a penalty to the employee of 1% per
326326 2 calendar day of the amount found owing for each day of delay in
327327 3 paying such wages to the employee. All moneys recovered as
328328 4 fees and civil penalties under this Act, except those owing to
329329 5 the affected employee, shall be deposited into the Wage Theft
330330 6 Enforcement Fund, a special fund which is hereby created in
331331 7 the State treasury. Moneys in the Fund may be used for
332332 8 enforcement of this Act and for outreach and educational
333333 9 activities of the Department related to the recovery of unpaid
334334 10 or underpaid compensation and the disbursement of moneys to
335335 11 affected parties.
336336 12 (b-5) Penalties and fees under this Section may be
337337 13 assessed by the Department and recovered in a civil action
338338 14 brought by the Department in any circuit court or in any
339339 15 administrative adjudicative proceeding under this Act. In any
340340 16 such civil action or administrative adjudicative proceeding
341341 17 under this Act, the Department shall be represented by the
342342 18 Attorney General.
343343 19 (c) Any employer, or any agent of an employer, who
344344 20 discharges or in any other manner discriminates against any
345345 21 employee because that employee has made a complaint to his or
346346 22 her employer, to the Director of Labor or his or her authorized
347347 23 representative, in a public hearing, or to a community
348348 24 organization that he or she has not been paid in accordance
349349 25 with the provisions of this Act, or because that employee has
350350 26 caused to be instituted any proceeding under or related to
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