No. 2--00--0949

_________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

__________________________________________________________________

LIAQUAT KHAN,				)	Appeal from the Circuit Court

						)	of Du Page County.

	Plaintiff-Appellant,	)	

						)

v.						)	No. 00--AR--1287

						)

VAN REMMEN, INC., and		)	

THOMAS HAYNES,				)	Honorable

						)	Richard A. Lucas,

	Defendants-Appellees.	)	Judge, Presiding.

_________________________________________________________________

	JUSTICE BOWMAN delivered the opinion of the court:

	Plaintiff, Liaquat Khan, filed suit in the circuit court of Du

Page County against defendants, Van Remmen, Inc. (VRI), and Thomas

Haynes, alleging that they failed to pay all of the wages due to

him pursuant to an employment agreement.  Defendants filed special

and limited appearances and moved to quash the summons served upon

them, arguing lack of in personam jurisdiction.  Plaintiff brings this appeal from the trial court's order granting defendants'

motion to quash and dismissing plaintiff's action.

	The record reveals that VRI was in the business of hiring

technically trained individuals to work for its customers on a

temporary basis.  Haynes was the president of VRI.  Plaintiff

alleged in his complaint that from 1995 through 1998 he and VRI

were parties to an employment agreement (agreement).  The agreement provided that plaintiff would work for J.I. Case Corporation in

Racine, Wisconsin, at the rate of $28.50 per hour and would receive

11⁄2 times that rate for overtime work.  Plaintiff attached an

unsigned copy of the agreement to his complaint.  Another exhibit

to the complaint, a letter on VRI letterhead, indicated that

effective June 17, 1996, plaintiff's hourly rate was increased to

$29.50 per hour, with an overtime rate of $44.25 per hour.

	Plaintiff alleged that VRI did not pay the overtime rate as

specified in the agreement and thus owed him $28,823.50.  Plaintiff

sought recovery under the Illinois Wage Payment and Collection Act

(Wage Act or Act) (820 ILCS 115/1 et seq. (West 1998)) and under the theories of breach of contract and promissory estoppel.

	Defendants' motion to quash alleged that VRI was a Delaware

corporation with its principal place of business in Racine,

Wisconsin, and that Haynes was a Wisconsin resident.  Defendants

argued that there was no basis for personal jurisdiction over them

because (1) they did not have sufficient contacts with Illinois to

be deemed "doing business" in Illinois; (2) the "transaction" upon

which plaintiff based his complaint, namely, the agreement between

plaintiff and VRI, was performed in Wisconsin; and (3) the Wage Act

did not confer jurisdiction over them.

	In an affidavit in support of the motion to quash, Haynes

averred that VRI had no offices in Illinois, had no Illinois

telephone number, did not advertise in Illinois, and issued all of

its payroll checks in Wisconsin.  Further, Haynes stated that

plaintiff initiated contact with VRI by calling VRI's personnel

manager and asking if he could find plaintiff employment.  Plaintiff then sent his resume to VRI.  VRI reviewed his resume and

informed plaintiff that VRI could place him in a position in

Wisconsin.  Haynes stated that plaintiff and VRI "discussed the

terms of employment, but no written employment agreement was

signed."  According to Haynes, plaintiff worked for J.I. Case from

June 19, 1995, through March 11, 1998, and all of his work was

performed in Wisconsin.

	The Haynes affidavit further indicated that VRI employed

approximately 50 employees from 1995 through the time of the

affidavit.  From 1995 through 1997, VRI placed one Wisconsin

resident with an Illinois corporation.  In 1998, VRI placed two

Illinois residents with an Illinois company.  In 1999, VRI did not

recruit any Illinois residents to work in Illinois companies, and

in 2000, one Illinois resident was recruited to work for an

Illinois company.

	Plaintiff filed a counteraffidavit in which he averred that

VRI paid for his travel from Chicago to Racine, Wisconsin. 

Contrary to Haynes, plaintiff stated that the employment agreement

was executed and it was executed in Illinois.  According to

plaintiff, VRI sent him two originals of the agreement, both signed

by an agent of VRI.  Plaintiff signed both agreements in Illinois

and sent one of the agreements back to VRI.

	Plaintiff further alleged that VRI advertised in Illinois

through a website that solicited resumes from Illinois residents

and listed employment available in Illinois.  Plaintiff attached to

his affidavit printouts of the alleged VRI website pages.  The

address of the website was "http://vritech.com."  However, the pages themselves stated that they were for a company called "JTT

Technical Services."  Plaintiff averred that "JTT Technical

Support" was a division of VRI.  

	Last, plaintiff stated "upon information and belief" that

there were additional VRI employees working in Illinois whom Haynes

did not disclose in his affidavit.

	After hearing argument, the trial court ruled that plaintiff

had failed to demonstrate that defendants had sufficient contacts

with Illinois to subject them to personal jurisdiction and granted

the motion to quash.  Plaintiff's appeal followed.

	Plaintiff contends that the trial court had jurisdiction over

VRI and Haynes because (1) VRI was doing business in Illinois, (2)

the employment agreement was a transaction substantially connected

to Illinois, and (3) VRI and Haynes committed tortious acts in

Illinois, namely, violations of the Wage Act.  The applicable

standard of review is de novo where, as here, the trial court did not hold an evidentiary hearing but determined jurisdiction solely

on the basis of documentary evidence.  Hendry v. Ornda Health Corp., Inc., 318 Ill. App. 3d 851, 852 (2000).  The plaintiff bears the burden of showing that a valid basis exists for exercising

jurisdiction over a defendant.  Mellon First United Leasing v. Hansen, 301 Ill. App. 3d 1041, 1047 (1998).

	When determining whether jurisdiction is proper over a

nonresident defendant, courts evaluate whether jurisdiction is

proper under the long-arm statute and whether jurisdiction would

comport with constitutional standards of due process.  Mellon, 301 Ill. App. 3d at 1047-48.  If the plaintiff fails to show that the long-arm requirements have been met, there is no need to determine

whether jurisdiction is permissible under the due process clause. 

Ideal Insurance Agency, Inc. v. Shipyard Marine, Inc., 213 Ill. App. 3d 675, 678 (1991).

DOING BUSINESS IN ILLINOIS

	We first consider plaintiff's contention that the trial

court's ruling was in error because VRI was doing business in

Illinois.  An Illinois court may exercise jurisdiction over any

natural person or corporation doing business within this state. 

735 ILCS 5/2--209(b)(4) (West 1998).

	No bright-line test exists for determining whether a

corporation is doing business in Illinois.  A corporation is

subject to jurisdiction if it conducts business within this state

of such character and extent as to warrant the inference that the

corporation has subjected itself to the jurisdiction and laws of

Illinois.  Hendry, 318 Ill. App. 3d at 853.  It is well established that to qualify as "doing business" a corporation's business

activity in the state must be fairly permanent and continuous, not

occasional or casual.  Hendry, 318 Ill. App. 3d at 853.  Courts must make a case-by-case determination on the unique facts

presented when deciding whether a corporation's activities are

sufficiently permanent and continuous to satisfy the "doing

business" standard.  Hendry, 318 Ill. App. 3d at 853.

	As support for his argument that VRI was doing business in

Illinois, plaintiff relies upon the following two facts: (1) VRI's

placement of four individuals with Illinois companies between 1995

and 2000; and (2) VRI's solicitation of resumes from Illinois residents through its website.  Based on the record before us, we

conclude that plaintiff did not sustain his burden of showing that

VRI had continuous and permanent contact with Illinois such that

imposing jurisdiction would be justified.

	According to the affidavit of defendant Haynes, between 1995

and 1997 VRI placed one Wisconsin resident with an Illinois

corporation.  In 1998 it placed two Illinois residents with an

Illinois corporation.  In 1999 it recruited no Illinois residents

to work for Illinois companies, and in 2000 it recruited one

Illinois resident to work for an Illinois company.  While plaintiff

claims "upon information and belief" that additional employees not

revealed by VRI were employed at Illinois locations, he has failed

to provide any actual evidence to support this claim.  Further,

averments made upon information and belief do not meet the

requirements of Supreme Court Rule 191 (145 Ill. 2d R. 191)

governing affidavits and are insufficient to rebut an affidavit

containing positive averments of fact based upon an affiant's

personal knowledge.  Allied American Insurance Co. v. Mickiewicz, 124 Ill. App. 3d 705, 709 (1984).  We do not consider the placement

of four employees with Illinois companies over a five-year period

to be sufficiently permanent or continuous contacts to constitute

"doing business" in Illinois.

	Contrary to plaintiff's assertion, the fact that a nonresident

corporation has clients in Illinois does not necessarily lead to

the conclusion that the corporation was doing business in Illinois. 

In Radosta v. Devil's Head Ski Lodge, 172 Ill. App. 3d 289, 296 (1988), the court held that defendant World Wide Ski Corporation (World Wide) was not doing business in Illinois because it "only

had three customers in Illinois and no agents, offices, sales force

or other connection to the forum."  The court further noted that

the record did not provide details regarding World Wide's

relationship with its three Illinois customers other than

indicating that the contracts for World Wide's services had been

entered in Colorado.  Radosta, 172 Ill. App. 3d at 296.  As in Radosta, the record in this case provides no details pertaining to  VRI's relationships with its Illinois customers.  Further, VRI had

no offices in Illinois, no Illinois phone number, and no other

permanent or continuous connection with Illinois that would

establish that it was doing business in Illinois.

	Next, we review plaintiff's contention that VRI maintained a

website through which it advertised in Illinois and solicited

business from Illinois residents.  Plaintiff's affidavit states as

follows regarding the website:

	"Van Remmen advertises in Illinois, and in that advertisement

solicits Illinois persons to submit resumes in Illinois, and

lists employment available to Illinois.  This it does through

its VRI Technical Support Division, now named JTT Technical

Support.  A copy of the advertisement, found on the Internet

at www.vritech.com is attached hereto as Exhibit A."

The copies of the web pages themselves contain large logos for "JTT

Technical Services."  One of the pages provides a Wisconsin address

and phone number for JTT Technical Services (JTT) and a form that

one could submit to JTT indicating a person's area of interest. 

The page that provides information about JTT states that it is a contract and permanent staffing service that was founded in 2000. 

The copyright on each page states "©2000 JTT Technical Services." 

The only indication that the website has any connection with VRI is

the web address "http://vritech.com/" shown  at  the top of the pages.  

	VRI did not file an affidavit rebutting plaintiff's averments

regarding the website.  Plaintiff argues, therefore, that we must

accept his averments as true.  When courts review affidavits

submitted in connection with challenges to personal jurisdiction,

" 'such conflicts as do exist in the affidavits and pleadings must

be resolved in plaintiff's favor for purposes of determining

whether a prima facie case for in personam jurisdiction has been established.' "  Professional Group Travel, Ltd. v. Professional Seminar Consultants, Inc., 136 Ill. App. 3d 1084, 1089 (1985), quoting Kutner v. DeMassa, 96 Ill. App. 3d 243, 247-48 (1981).  Where well-alleged facts contained in an affidavit are not

contradicted by a counteraffidavit, they must be taken as true

notwithstanding contrary averments in the adverse party's

pleadings.  Professional Group Travel, 136 Ill. App. 3d at 1089.   However, we do not take as true affidavits or portions thereof that

do not meet the requirements of Supreme Court Rule 191(a) (145 Ill.

2d R. 191(a)).  

	 Rule 191(a) provides in relevant part:

	"[A]ffidavits submitted in connection with a special

appearance to contest jurisdiction over the person, as

provided by section 2--301(b) of the Code of Civil Procedure,

shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim,

counterclaim, or defense is based; shall have attached thereto

sworn or certified copies of all papers upon which the affiant

relies; shall not consist of conclusions but of facts

admissible in evidence; and shall affirmatively show that the

affiant, if sworn as a witness, can testify competently

thereto." 145 Ill. 2d R. 191(a).

An affidavit satisfies this rule " 'if from the document as a whole

it appears the affidavit is based on the personal knowledge of the

affiant and there is a reasonable inference that the affiant could

competently testify to its contents.' "  Allied American, 124 Ill. App. 3d at 708, quoting Burks Drywall, Inc. v. Washington Bank & Trust Co., 110 Ill. App. 3d 569, 576 (1982).  When an affidavit consists of mere conclusions, rather than evidentiary facts, it

does not comply with Rule 191(a) and does not provide a sufficient

basis to support personal jurisdiction over the defendant.  Kutner, 96 Ill. App. 3d at 249.  

	In our view, plaintiff's averments that the website belonged

to VRI and that JTT Technical Services was a division of VRI are

conclusions unsupported by any evidentiary facts.  Nothing in the

copy of the JTT advertisement indicated what, if any, relationship

existed between JTT and VRI or that VRI had any proprietary

interest in the website.  Further, plaintiff did not set forth any

facts in his affidavit that could lead to the reasonable inference

that he had personal knowledge of VRI's or JTT's corporate

structure.  For these reasons, the averments regarding the website

did not meet the requirements of Rule 191(a) and were not sufficient to meet plaintiff's burden of establishing that VRI was

doing business in Illinois. 

	TRANSACTING BUSINESS WITHIN ILLINOIS 

	Plaintiff also argues that jurisdiction over VRI was proper

under the long-arm statute because his cause of action arose from

VRI's transaction of business in Illinois (see 735 ILCS 5/2--

209)(a)(1) (West 1998)).  A defendant transacts business in

Illinois "when substantial performance of contractual duties is to

be rendered in Illinois or when the defendant invokes the benefits

and protections of Illinois law in the contractual relationship." 

Poplar Grove State Bank v. Powers, 218 Ill. App. 3d 509, 518 (1991).  To meet the requirements of section 2--209(a)(1) of the 

Code of Civil Procedure (Code) (735 ILCS 5/2--209(a)(1) (West

1998)), a plaintiff must show that (1) the defendant transacted

business in Illinois; (2) the cause of action arose from this

transaction of business; and (3) personal jurisdiction was

consistent with due process.  Gaidar v. Tippecanoe Distribution Service, Inc., 299 Ill. App. 3d 1034, 1045-46 (1998).  A plaintiff's claim "arises from" the transaction of business if it

" 'lies in the wake' of the commercial activities by which the 

defendant submitted to the jurisdiction of Illinois courts." 

Gaidar, 299 Ill. App. 3d at 1046.  Courts may consider only the defendant's acts when determining whether a defendant transacted

business in Illinois.  Poplar Grove, 218 Ill. App. 3d at 518.

	The following factors are relevant to the determination of

whether a particular transaction amounts to transacting business in

Illinois: who initiated the transaction, where the contract was entered into, and where performance of the contract was to take

place.  Poplar Grove, 218 Ill. App. 3d at 518.  None of these factors is controlling, but each is significant.  Ideal Insurance, 213 Ill. App. 3d at 680-81.  A defendant does not transact business

in Illinois merely by entering into a contract that involves an

Illinois resident.  Poplar Grove, 218 Ill. App. 3d 519.

	Plaintiff argues that VRI transacted business in Illinois

because (1) the employment agreement was executed in Illinois, and

(2) the agreement was partly performed in Illinois because VRI

compensated plaintiff for his travel back and forth between

Illinois and Wisconsin.  Our review of the record leads us to

conclude that neither of these facts establishes that VRI

substantially performed its contractual duties in Illinois or that

VRI invoked the benefits and protections of Illinois law.

	The uncontested allegations in defendant Haynes's affidavit

establish that plaintiff initiated contact with VRI by calling

VRI's personnel manager and inquiring about employment

opportunities.  After plaintiff sent his resume to VRI via

facsimile, VRI telephoned plaintiff and informed him that he could

be placed in a job in Wisconsin.  No representative of VRI ever steppedETet

foot in Illinois in connection with this transaction.

	Plaintiff contends that the employment agreement was executed

in Illinois because VRI sent him two copies of the agreement, both

of which had already been signed by an agent of VRI. Plaintiff

averred that he signed both copies of the agreement in Illinois and

sent one copy back to VRI.  Plaintiff's assertion that the contract

was executed in Illinois is problematic for two reasons.  First, although plaintiff stated in his affidavit that he received a

partially executed contract from VRI and he then completed

execution by signing the contract, no signed copies of the contract

appear in the record.  The copy of the contract attached to the

complaint is not signed by either party.

	As set forth above, Supreme Court Rule 191(a) requires that

affidavits filed in connection with a challenge to personal

jurisdiction "shall have attached thereto sworn or certified copies

of all papers upon which the affiant relies."  145 Ill. 2d R.

191(a).  No sworn or certified copy of the executed agreement is

attached to plaintiff's affidavit, nor does one appear anywhere

else in the record.  For this reason, we cannot conclude that the

contract was ever executed, much less that it was executed in

Illinois.  Further, even if we assumed arguendo that plaintiff's version of events was true,  the mere execution of a contract in

Illinois is not by itself a sufficient transaction of business to

trigger the application of the long-arm statute.  Ideal Insurance, 213 Ill. App. 3d at 681-82.

	Next, we consider plaintiff's argument that specific

jurisdiction over VRI was appropriate because "[p]laintiff was

specifically compensated under the contract for performance of acts

in Illinois."  Plaintiff cites two cases as support for this

proposition: First National Bank of Chicago v. Boelcskevy, 126 Ill. App. 3d 271 (1984), and E.A. Cox Co. v. Road Savers International Corp., 271 Ill App. 3d 144 (1995).  Plaintiff misapprehends the rule of law regarding performance of contractual duties in Illinois

in connection with long-arm jurisdiction.  The relevant inquiry is not whether the plaintiff partially performed the contract in Illinois, but whether the defendant performed any part of the contract in Illinois.  As we noted above, only the acts of the

defendant may be considered when determining whether the defendant

transacted business in Illinois.  The cases plaintiff cites are in

agreement with this principle.  See Boelcskevy, 126 Ill. App. 3d at 274 ("A defendant transacts business in Illinois when substantial

performance of his or her contractual duties is to be rendered in Illinois" (emphasis added)); Cox, 271 Ill. App. 3d at 149 ("By its terms, the agreement [between the parties] provides for part

performance by the defendant in Illinois.  Since the plaintiff's action is grounded upon allegations of breach of a contract that

contemplated commercial activity on the part of the defendant in this State, we believe that the plaintiff's complaint pleads sufficient facts to establish the long-arm jurisdiction of the

courts of Illinois under a transaction of business theory")

(emphasis added)).

	Consequently, whether plaintiff performed part of his

contractual duties in Illinois by traveling to his work place is

irrelevant.  Plaintiff has not provided any evidence that VRI

performed any contractual duties in Illinois.  Again, even assuming

that the employment agreement attached to the complaint accurately

represented the parties' duties, VRI's duty under the agreement was

to pay plaintiff for the work he performed.  There is no evidence

that any representative of VRI came to Illinois in connection with

negotiating the agreement or paying plaintiff his wages.  Moreover,

the VRI payroll checks were issued in Wisconsin.  Thus, plaintiff has not established that VRI performed any of its contractual

duties in Illinois.  

	We also find no indication in the record that VRI sought the

benefits or protections of Illinois law through its agreement with

plaintiff.  The employment agreement does not state that Illinois

law governed the relationship between plaintiff and VRI.  We

conclude therefore that section 2--209(a)(1) does not confer

jurisdiction over VRI.

  COMMISSION OF A TORTIOUS ACT WITHIN ILLINOIS

	Plaintiff's final contention is that jurisdiction exists under

section 2--209(a)(2) of the Code (735 ILCS 5/2--109(a)(2) (West

1998)), which provides that a person submits to jurisdiction as to

any cause of action arising from the commission of a tortious act

within this State.   Plaintiff argues that VRI and Haynes committed

the "statutory tort" of violating the Wage Act.

	The Wage Act "applies to all employers and employees in this 

State, including employees of units of local government and school

districts, but excepting employees of the State or Federal

government[]."  820 ILCS 115/1 (West 1998).  The Act further

provides that "[t]he Department of Labor shall be authorized to

enter into agreements with other states to collect unpaid wages

from out-of-state employers and to perform reciprocal services for

such states in the State of Illinois."  820 ILCS 115/7 (West 1998).

"The purpose of the Act is to provide employees with a cause of

action for the timely and complete payment of earned wages or final

compensation without retaliation from employers; this cause of action arises out of the employment contract."  Miller v. Kiefer Specialty Flooring, Inc., 317 Ill. App. 3d 370, 374 (2000).  

	Defendants argue that the Wage Act applies only to Illinois

employers and employees.  Therefore, because defendants are not

employers in the State of Illinois, the Act does not apply to them

and jurisdiction cannot be based upon an alleged violation of the

Act.  Plaintiff responds that consideration of this argument would

constitute a decision on the merits, which is inappropriate when

the only issue at hand is whether jurisdiction exists. 

Additionally, plaintiff contends that defendants should be

considered employers within this state.

	As defendants point out, a court may make a preliminary

inquiry into whether the complaint states a cause of action against

a defendant who contests jurisdiction to insure that acts or

omissions that form the basis of a cause of action that is patently

without merit will not serve to confer jurisdiction.  Wiedemann v. Cunard Line Ltd.., 63 Ill. App. 3d 1023, 1030 (1978).  Contrary to plaintiff's assertions, determining whether the Wage Act authorizes

actions by Illinois residents against out-of-state employers goes

to whether the complaint, on its face, states a cause of action

against defendants.  If plaintiff's cause of action based on the

Wage Act is patently without merit, then the acts or omissions that

form the basis of that cause of action cannot create jurisdiction

over VRI or Haynes.

	We reject plaintiff's attempt to characterize defendants as

"Illinois employers" based on VRI's placement of a few individuals

with Illinois companies.  Section 1 of the Wage Act limits the application of the Wage Act to "all employers and employees in this

State."  820 ILCS 115/1 (West 1998).  Section 2 of the Wage Act

defines "employer" as follows:

	"[A]ny individual, partnership, association, corporation,

business trust, employment and labor placement agencies where

wage payments are made directly or indirectly by the agency or

business for work undertaken by employees under hire to a

third party pursuant to a contract between the business or

agency with the third party, or any person or group of persons

acting directly or indirectly in the interest of an employer

in relation to an employee, for which one or more persons is

gainfully employed."  820 ILCS 115/2 (West 1998).

While VRI was a "labor placement agency," it was not a labor

placement agency within this state.  The fact that VRI placed four

individuals with Illinois companies over a five-year period does

not change our conclusion.  VRI had its principal place of business

in Wisconsin, had no physical presence in Illinois, and did not

place plaintiff with an Illinois company.  Thus, we reject

plaintiff's assertion that defendants were "Illinois employers." 

In so doing we do not purport to create an all-encompassing

definition of "employers in this State" for purposes of the Wage

Act.  Rather, we determine only that under the circumstances of

this case plaintiff has not pleaded any facts from which we could

conclude that VRI or Haynes was an employer in this state.  

	We next consider whether plaintiff can state a cause of action

against an out-of-state employer under the Wage Act. This issue

appears to be one of first impression for Illinois courts.  In Glass v. Kemper, Inc., 920 F. Supp. 928 (N.D. Ill. 1996), 133 F.3d 999 (7th Cir. 1998), both the federal district court and the

federal appellate court held that the Wage Act applies "only to

Illinois employees working for Illinois employers."  Glass, 920 F. Supp. at 931.  Consequently, both courts concluded that a claim

under the Wage Act by an individual who was not an Illinois

resident against an Illinois employer was properly dismissed.  

	Here, we are faced with the converse situation -- a claim by an

Illinois resident against a nonresident employer.  While we are not

bound by the decisions of the lower federal courts (Hinterlong v. Baldwin, 308 Ill. App. 3d 441, 452 (1999)), we agree with the analysis and conclusion in Glass that the Wage Act applies only to Illinois employees and Illinois employers.

	Looking at the Wage Act as a whole, it is clear that the

legislature intended for it to apply only to Illinois employees and

Illinois employers.  If the legislature had intended to authorize

Illinois residents to sue nonresident employers, then section 7 of

the Wage Act (820 ILCS 115/7 (West 1998)), which allows the

Department of Labor to enter into reciprocal agreements with other

states to collect unpaid wages from out-of-state employers, would 

be superfluous.  Such an interpretation would contravene the rule

of statutory construction that a court must look at a statute as a

whole and construe it, if possible, so that no term is rendered

superfluous or meaningless (see Texaco-Cities Service Pipeline Co. v. McGaw, 182 Ill. 2d 262, 270 (1998)).  Moreover, we agree with the Glass court that applying the Wage Act to nonresident employers would constitute extraterritorial enforcement of an Illinois statute, thus violating the rule that an Illinois statute has no

extraterritorial force and is operative only as to persons or

things within Illinois.  Glass, 920 F. Supp. at 931-32, citing Wimmer v. Koenigseder, 108 Ill. 2d 435, 441 (1985).   For these reasons, we conclude that an Illinois resident does not have a

cause of action against an out-of-state employer under the Wage

Act.  Therefore, plaintiff cannot state a claim against defendants

and cannot rely on alleged violations of the Wage Act as the basis

for jurisdiction over them.

	For the foregoing reasons, the judgment of the circuit court

of Du Page County is affirmed.

	Affirmed.

	GEIGER and BYRNE, JJ., concur.