Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3208 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0953
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3	2		SB3208 Enrolled LRB103 37566 SPS 67692 b
4		-	AN ACT concerning employment.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Wage Payment and Collection Act is
8		-	amended by changing Sections 2, 10, and 14 as follows:
9		-	(820 ILCS 115/2) (from Ch. 48, par. 39m-2)
10		-	Sec. 2. Definitions. For all employees, other than
11		-	separated employees, "wages" shall be defined as any
12		-	compensation owed an employee by an employer pursuant to an
13		-	employment contract or agreement between the 2 parties,
14		-	whether the amount is determined on a time, task, piece, or any
15		-	other basis of calculation. Payments to separated employees
16		-	shall be termed "final compensation" and shall be defined as
17		-	wages, salaries, earned commissions, earned bonuses, and the
18		-	monetary equivalent of earned vacation and earned holidays,
19		-	and any other compensation owed the employee by the employer
20		-	pursuant to an employment contract or agreement between the 2
21		-	parties. Where an employer is legally committed through a
22		-	collective bargaining agreement or otherwise to make
23		-	contributions to an employee benefit, trust or fund on the
24		-	basis of a certain amount per hour, day, week or other period
25		-	of time, the amount due from the employer to such employee
26		-	benefit, trust, or fund shall be defined as "wage
	3	+	1 AN ACT concerning employment.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Wage Payment and Collection Act is
	7	+	5 amended by changing Sections 2, 10, and 14 as follows:
	8	+	6 (820 ILCS 115/2) (from Ch. 48, par. 39m-2)
	9	+	7 Sec. 2. Definitions. For all employees, other than
	10	+	8 separated employees, "wages" shall be defined as any
	11	+	9 compensation owed an employee by an employer pursuant to an
	12	+	10 employment contract or agreement between the 2 parties,
	13	+	11 whether the amount is determined on a time, task, piece, or any
	14	+	12 other basis of calculation. Payments to separated employees
	15	+	13 shall be termed "final compensation" and shall be defined as
	16	+	14 wages, salaries, earned commissions, earned bonuses, and the
	17	+	15 monetary equivalent of earned vacation and earned holidays,
	18	+	16 and any other compensation owed the employee by the employer
	19	+	17 pursuant to an employment contract or agreement between the 2
	20	+	18 parties. Where an employer is legally committed through a
	21	+	19 collective bargaining agreement or otherwise to make
	22	+	20 contributions to an employee benefit, trust or fund on the
	23	+	21 basis of a certain amount per hour, day, week or other period
	24	+	22 of time, the amount due from the employer to such employee
	25	+	23 benefit, trust, or fund shall be defined as "wage
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33		-	supplements", subject to the wage collection provisions of
34		-	this Act.
35		-	As used in this Act, the term "employer" shall include any
36		-	individual, partnership, association, corporation, limited
37		-	liability company, business trust, employment and labor
38		-	placement agencies where wage payments are made directly or
39		-	indirectly by the agency or business for work undertaken by
40		-	employees under hire to a third party pursuant to a contract
41		-	between the business or agency with the third party, or any
42		-	person or group of persons acting directly or indirectly in
43		-	the interest of an employer in relation to an employee, for
44		-	which one or more persons is gainfully employed.
45		-	As used in this Act, the term "employee" shall include any
46		-	individual permitted to work by an employer in an occupation,
47		-	but shall not include any individual:
48		-	(1) who has been and will continue to be free from
49		-	control and direction over the performance of his work,
50		-	both under his contract of service with his employer and
51		-	in fact; and
52		-	(2) who performs work which is either outside the
53		-	usual course of business or is performed outside all of
54		-	the places of business of the employer unless the employer
55		-	is in the business of contracting with third parties for
56		-	the placement of employees; and
57		-	(3) who is in an independently established trade,
58		-	occupation, profession or business.
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	34	+	1 supplements", subject to the wage collection provisions of
	35	+	2 this Act.
	36	+	3 As used in this Act, the term "employer" shall include any
	37	+	4 individual, partnership, association, corporation, limited
	38	+	5 liability company, business trust, employment and labor
	39	+	6 placement agencies where wage payments are made directly or
	40	+	7 indirectly by the agency or business for work undertaken by
	41	+	8 employees under hire to a third party pursuant to a contract
	42	+	9 between the business or agency with the third party, or any
	43	+	10 person or group of persons acting directly or indirectly in
	44	+	11 the interest of an employer in relation to an employee, for
	45	+	12 which one or more persons is gainfully employed.
	46	+	13 As used in this Act, the term "employee" shall include any
	47	+	14 individual permitted to work by an employer in an occupation,
	48	+	15 but shall not include any individual:
	49	+	16 (1) who has been and will continue to be free from
	50	+	17 control and direction over the performance of his work,
	51	+	18 both under his contract of service with his employer and
	52	+	19 in fact; and
	53	+	20 (2) who performs work which is either outside the
	54	+	21 usual course of business or is performed outside all of
	55	+	22 the places of business of the employer unless the employer
	56	+	23 is in the business of contracting with third parties for
	57	+	24 the placement of employees; and
	58	+	25 (3) who is in an independently established trade,
	59	+	26 occupation, profession or business.
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61		-	"Pay stub" means an itemized statement or statements
62		-	reflecting an employee's hours worked, rate of pay, overtime
63		-	pay and overtime hours worked, gross wages earned, deductions
64		-	made from the employee's wages, and the total of wages and
65		-	deductions year to date.
66		-	The following terms apply to an employer's use of payroll
67		-	cards to pay wages to an employee under the requirements of
68		-	this Act:
69		-	"Payroll card" means a card provided to an employee by an
70		-	employer or other payroll card issuer as a means of accessing
71		-	the employee's payroll card account.
72		-	"Payroll card account" means an account that is directly
73		-	or indirectly established through an employer and to which
74		-	deposits of a participating employee's wages are made.
75		-	"Payroll card issuer" means a bank, financial institution,
76		-	or other entity that issues a payroll card to an employee under
77		-	an employer payroll card program.
78		-	(Source: P.A. 98-862, eff. 1-1-15.)
79		-	(820 ILCS 115/10) (from Ch. 48, par. 39m-10)
80		-	Sec. 10.
81		-	(a) Employers shall notify employees, at the time of
82		-	hiring, of the rate of pay and of the time and place of
83		-	payment. Whenever possible, such notification shall be in
84		-	writing and shall be acknowledged by both parties. Employers
85		-	shall also notify employees of any changes in the
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88		-	arrangements, specified above, prior to the time of change.
89		-	(b) Employers shall keep records of names and addresses of
90		-	all employees and of wages paid each payday, and shall furnish
91		-	each employee with a pay stub an itemized statement of
92		-	deductions made from his wages for each pay period.
93		-	(c) An employer shall maintain a copy of an employee's pay
94		-	stub for a period of not less than 3 years after the date of
95		-	payment, regardless of whether the employee's employment ends
96		-	during this period, whether the pay stub is furnished
97		-	electronically or in paper form.
98		-	(d) In addition to furnishing a pay stub for each pay
99		-	period as required under subsection (b), an employer shall
100		-	furnish copies of pay stubs to current and former employees as
101		-	follows:
102		-	(1) An employer shall provide an employee with a copy
103		-	of the employee's pay stubs upon the employee's request.
104		-	The employer may require that the employee submit the
105		-	request in writing. The employer shall furnish the copy of
106		-	the pay stubs to the employee within 21 calendar days of
107		-	the employee's request. An employer is not required to
108		-	grant an employee's request for a copy of pay stubs more
109		-	than twice in a 12-month period.
110		-	(2) An employer shall provide a former employee with a
111		-	copy of the former employee's previous pay stubs upon the
112		-	former employee's request. The employer shall furnish the
113		-	copy of the pay stubs to the former employee within 21
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116		-	calendar days of the former employee's request. An
117		-	employer is not required to grant a former employee's
118		-	request for a copy of pay stubs more than twice in a
119		-	12-month period or more than one year after the date of
120		-	separation. The employer shall provide the copy of the pay
121		-	stubs in either a physical or electronic format, as chosen
122		-	by the former employee, including a communication that is
123		-	transmitted through electronic mail, text message,
124		-	computer system, or is otherwise sent and stored
125		-	electronically and is capable of being downloaded or
126		-	permanently retained by the former employee.
127		-	(3) An employer who furnishes electronic pay stubs in
128		-	a manner that a former employee cannot access for at least
129		-	a full year after separation shall, upon an employee's
130		-	separation from employment, offer to provide the outgoing
131		-	employee with a record of all of the outgoing employee's
132		-	pay stubs from the year preceding the date of separation.
133		-	The offer shall be made to the outgoing employee by the end
134		-	of the outgoing employee's final pay period. An employer
135		-	shall record in writing the date on which this offer was
136		-	made to the outgoing employee and if and how the outgoing
137		-	employee responded.
138		-	(4) A request made by an employee or former employee
139		-	under this Section shall be made to a person responsible
140		-	for maintaining the employer's payroll, including the
141		-	employer's human resources department or payroll
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	70	+	1 "Pay stub" means an itemized statement or statements
	71	+	2 reflecting an employee's hours worked, rate of pay, overtime
	72	+	3 pay and overtime hours worked, gross wages earned, deductions
	73	+	4 made from the employee's wages, and the total of wages and
	74	+	5 deductions year to date.
	75	+	6 The following terms apply to an employer's use of payroll
	76	+	7 cards to pay wages to an employee under the requirements of
	77	+	8 this Act:
	78	+	9 "Payroll card" means a card provided to an employee by an
	79	+	10 employer or other payroll card issuer as a means of accessing
	80	+	11 the employee's payroll card account.
	81	+	12 "Payroll card account" means an account that is directly
	82	+	13 or indirectly established through an employer and to which
	83	+	14 deposits of a participating employee's wages are made.
	84	+	15 "Payroll card issuer" means a bank, financial institution,
	85	+	16 or other entity that issues a payroll card to an employee under
	86	+	17 an employer payroll card program.
	87	+	18 (Source: P.A. 98-862, eff. 1-1-15.)
	88	+	19 (820 ILCS 115/10) (from Ch. 48, par. 39m-10)
	89	+	20 Sec. 10.
	90	+	21 (a) Employers shall notify employees, at the time of
	91	+	22 hiring, of the rate of pay and of the time and place of
	92	+	23 payment. Whenever possible, such notification shall be in
	93	+	24 writing and shall be acknowledged by both parties. Employers
	94	+	25 shall also notify employees of any changes in the
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144		-	department, the employee's supervisor or department
145		-	manager, or an individual designated in the employer's
146		-	written policy.
147		-	(e) Every employer shall post and keep posted at each
148		-	regular place of business in a position easily accessible to
149		-	all employees one or more notices indicating the regular
150		-	paydays and the place and time for payment of his employees,
151		-	and on forms supplied from time to time by the Department of
152		-	Labor containing a copy or summary of the provisions of this
153		-	Act.
154		-	(Source: P.A. 81-593.)
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	105	+	1 arrangements, specified above, prior to the time of change.
	106	+	2 (b) Employers shall keep records of names and addresses of
	107	+	3 all employees and of wages paid each payday, and shall furnish
	108	+	4 each employee with a pay stub an itemized statement of
	109	+	5 deductions made from his wages for each pay period.
	110	+	6 (c) An employer shall maintain a copy of an employee's pay
	111	+	7 stub for a period of not less than 3 years after the date of
	112	+	8 payment, regardless of whether the employee's employment ends
	113	+	9 during this period, whether the pay stub is furnished
	114	+	10 electronically or in paper form.
	115	+	11 (d) In addition to furnishing a pay stub for each pay
	116	+	12 period as required under subsection (b), an employer shall
	117	+	13 furnish copies of pay stubs to current and former employees as
	118	+	14 follows:
	119	+	15 (1) An employer shall provide an employee with a copy
	120	+	16 of the employee's pay stubs upon the employee's request.
	121	+	17 The employer may require that the employee submit the
	122	+	18 request in writing. The employer shall furnish the copy of
	123	+	19 the pay stubs to the employee within 21 calendar days of
	124	+	20 the employee's request. An employer is not required to
	125	+	21 grant an employee's request for a copy of pay stubs more
	126	+	22 than twice in a 12-month period.
	127	+	23 (2) An employer shall provide a former employee with a
	128	+	24 copy of the former employee's previous pay stubs upon the
	129	+	25 former employee's request. The employer shall furnish the
	130	+	26 copy of the pay stubs to the former employee within 21
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	141	+	1 calendar days of the former employee's request. An
	142	+	2 employer is not required to grant a former employee's
	143	+	3 request for a copy of pay stubs more than twice in a
	144	+	4 12-month period or more than one year after the date of
	145	+	5 separation. The employer shall provide the copy of the pay
	146	+	6 stubs in either a physical or electronic format, as chosen
	147	+	7 by the former employee, including a communication that is
	148	+	8 transmitted through electronic mail, text message,
	149	+	9 computer system, or is otherwise sent and stored
	150	+	10 electronically and is capable of being downloaded or
	151	+	11 permanently retained by the former employee.
	152	+	12 (3) An employer who furnishes electronic pay stubs in
	153	+	13 a manner that a former employee cannot access for at least
	154	+	14 a full year after separation shall, upon an employee's
	155	+	15 separation from employment, offer to provide the outgoing
	156	+	16 employee with a record of all of the outgoing employee's
	157	+	17 pay stubs from the year preceding the date of separation.
	158	+	18 The offer shall be made to the outgoing employee by the end
	159	+	19 of the outgoing employee's final pay period. An employer
	160	+	20 shall record in writing the date on which this offer was
	161	+	21 made to the outgoing employee and if and how the outgoing
	162	+	22 employee responded.
	163	+	23 (4) A request made by an employee or former employee
	164	+	24 under this Section shall be made to a person responsible
	165	+	25 for maintaining the employer's payroll, including the
	166	+	26 employer's human resources department or payroll
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	177	+	1 department, the employee's supervisor or department
	178	+	2 manager, or an individual designated in the employer's
	179	+	3 written policy.
	180	+	4 (e) Every employer shall post and keep posted at each
	181	+	5 regular place of business in a position easily accessible to
	182	+	6 all employees one or more notices indicating the regular
	183	+	7 paydays and the place and time for payment of his employees,
	184	+	8 and on forms supplied from time to time by the Department of
	185	+	9 Labor containing a copy or summary of the provisions of this
	186	+	10 Act.
	187	+	11 (Source: P.A. 81-593.)
	188	+	12 (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
	189	+	13 Sec. 14. Penalties.
	190	+	14 (a) Any employee not timely paid wages, final
	191	+	15 compensation, or wage supplements by his or her employer as
	192	+	16 required by this Act shall be entitled to recover through a
	193	+	17 claim filed with the Department of Labor or in a civil action,
	194	+	18 but not both, the amount of any such underpayments and damages
	195	+	19 of 5% of the amount of any such underpayments for each month
	196	+	20 following the date of payment during which such underpayments
	197	+	21 remain unpaid. In a civil action, such employee shall also
	198	+	22 recover costs and all reasonable attorney's fees.
	199	+	23 (a-5) In addition to the remedies provided in subsections
	200	+	24 (a), (b), and (c) of this Section, any employer or any agent of
	201	+	25 an employer, who, being able to pay wages, final compensation,
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	212	+	1 or wage supplements and being under a duty to pay, willfully
	213	+	2 wilfully refuses to pay as provided in this Act, or falsely
	214	+	3 denies the amount or validity thereof or that the same is due,
	215	+	4 with intent to secure for himself or other person any
	216	+	5 underpayment of such indebtedness or with intent to annoy,
	217	+	6 harass, oppress, hinder, delay or defraud the person to whom
	218	+	7 such indebtedness is due, upon conviction, is guilty of:
	219	+	8 (1) for unpaid wages, final compensation or wage
	220	+	9 supplements in the amount of $5,000 or less, a Class B
	221	+	10 misdemeanor; or
	222	+	11 (2) for unpaid wages, final compensation or wage
	223	+	12 supplements in the amount of more than $5,000, a Class A
	224	+	13 misdemeanor.
	225	+	14 Each day during which any violation of this Act continues
	226	+	15 shall constitute a separate and distinct offense.
	227	+	16 Any employer or any agent of an employer who violates this
	228	+	17 Section of the Act a subsequent time within 2 years of a prior
	229	+	18 criminal conviction under this Section is guilty, upon
	230	+	19 conviction, of a Class 4 felony.
	231	+	20 (b) Any employer who has been demanded or ordered by the
	232	+	21 Department or ordered by the court to pay wages, final
	233	+	22 compensation, or wage supplements due an employee shall be
	234	+	23 required to pay a non-waivable administrative fee to the
	235	+	24 Department of Labor in the amount of $250 if the amount ordered
	236	+	25 by the Department as wages owed is $3,000 or less; $500 if the
	237	+	26 amount ordered by the Department as wages owed is more than
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	248	+	1 $3,000, but less than $10,000; and $1,000 if the amount
	249	+	2 ordered by the Department as wages owed is $10,000 or more. Any
	250	+	3 employer who has been so demanded or ordered by the Department
	251	+	4 or ordered by a court to pay such wages, final compensation, or
	252	+	5 wage supplements and who fails to seek timely review of such a
	253	+	6 demand or order as provided for under this Act and who fails to
	254	+	7 comply within 15 calendar days after such demand or within 35
	255	+	8 days of an administrative or court order is entered shall also
	256	+	9 be liable to pay a penalty to the Department of Labor of 20% of
	257	+	10 the amount found owing and a penalty to the employee of 1% per
	258	+	11 calendar day of the amount found owing for each day of delay in
	259	+	12 paying such wages to the employee. All moneys recovered as
	260	+	13 fees and civil penalties under this Act, except those owing to
	261	+	14 the affected employee, shall be deposited into the Wage Theft
	262	+	15 Enforcement Fund, a special fund which is hereby created in
	263	+	16 the State treasury. Moneys in the Fund may be used for
	264	+	17 enforcement of this Act and for outreach and educational
	265	+	18 activities of the Department related to the recovery of unpaid
	266	+	19 or underpaid compensation and the disbursement of moneys to
	267	+	20 affected parties.
	268	+	21 (b-5) Penalties and fees under this Section may be
	269	+	22 assessed by the Department and recovered in a civil action
	270	+	23 brought by the Department in any circuit court or in any
	271	+	24 administrative adjudicative proceeding under this Act. In any
	272	+	25 such civil action or administrative adjudicative proceeding
	273	+	26 under this Act, the Department shall be represented by the
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	284	+	1 Attorney General.
	285	+	2 (c) Any employer, or any agent of an employer, who
	286	+	3 discharges or in any other manner discriminates against any
	287	+	4 employee because that employee has made a complaint to his or
	288	+	5 her employer, to the Director of Labor or his or her authorized
	289	+	6 representative, in a public hearing, or to a community
	290	+	7 organization that he or she has not been paid in accordance
	291	+	8 with the provisions of this Act, or because that employee has
	292	+	9 caused to be instituted any proceeding under or related to
	293	+	10 this Act, or because that employee has testified or is about to
	294	+	11 testify in an investigation or proceeding under this Act, is
	295	+	12 guilty, upon conviction, of a Class C misdemeanor. An employee
	296	+	13 who has been unlawfully retaliated against shall be entitled
	297	+	14 to recover through a claim filed with the Department of Labor
	298	+	15 or in a civil action, but not both, all legal and equitable
	299	+	16 relief as may be appropriate. In a civil action, such employee
	300	+	17 shall also recover costs and all reasonable attorney's fees.
	301	+	18 (d) Except as provided under subsections (a), (b), and
	302	+	19 (c), an employer who fails to furnish an employee or former
	303	+	20 employee with a pay stub as required by this Act or commits any
	304	+	21 other violation of this Act shall be subject to a civil penalty
	305	+	22 of up to $500 per violation payable to the Department. In
	306	+	23 determining the amount of the penalty under this subsection,
	307	+	24 the Department shall consider the appropriateness of the
	308	+	25 penalty to the size of the business of the employer charged and
	309	+	26 the gravity of the violation.
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