reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart G - RECORDS, POSTING AND NOTICE REQUIREMENTS › Section 210.730 - Records Kept Outside of the Business Premises

Current through Register Vol. 48, No. 28, July 12, 2024
Should any part of the records or documents be located in a
				  place other than the business premises of the employer, they shall be made
				  available to the duly authorized representatives of the Director for
				  examination. Should any part thereof be located outside of the geographic
				  boundaries of the State of Illinois, the employer must pay all expenses of
				  examination by the Director's representatives, including travel, travel time,
				  meal and lodging for each representative of the Director conducting said
				  examination or investigation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart G - RECORDS, POSTING AND NOTICE REQUIREMENTS › Section 210.740 - Notice to Employers - Copies of the Act and Rules and Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the
				responsibility of each employer to become informed concerning the application
				of the Act to his/her business, establishment or enterprise.
b) The Director shall, on request, provide
				every employer subject to any provisions of the Minimum Wage Law a copy of the
				Summary of the Act and the Rules and Regulations promulgated pursuant to the
				Act. Said employer shall have on file, accessible for ready reference by
				himself/herself or his/her covered employees, a current copy of the Summary of
				the Act and the Rules and Regulations pertaining thereto, together with all
				special interpretations issued by the Director as applied in the Act and the
				Rules and Regulations.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart G - RECORDS, POSTING AND NOTICE REQUIREMENTS › Section 210.750 - Posting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Every employer employing "employees" as defined by this Act
				  shall post and keep posted, in conspicuous places on the premises of the
				  employer where notices to employees are customarily posted, a notice, to be
				  prepared or approved by the Director in various languages, summarizing the
				  requirements of the Act and information pertaining to the filing of a
				  complaint.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart H - INSPECTION PROCEDURE › Section 210.800 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Investigations
				under the Act may be generated by employee complaints and regular inspections
				(including target and re-inspections).
b) Employees, or former employees, who wish
				to file a complaint must complete and submit an official application form
				provided by the Director. Complainants shall answer all questions contained on
				the form, including, but not limited to: the complainant's name, address,
				telephone number, social security number, and if 18 years of age or younger,
				his/her birthdate; the name, address and telephone number of the employer; the
				type and amount of back wages claimed; the hours worked, wages per hour, and
				gratuities received; and the signature of the complaining party.
c) Any complaint which fails to meet all the
				requirements set forth in subsection (b) of this Section may be accepted by the
				Director if it otherwise contains the information determined by the Director to
				be necessary for a proper investigation and review of the alleged violation
				therein contained.
d) Complaints
				must be filed within 1 year from the date of separation of employment or within
				1 year after the alleged underpayment, whichever occurred later. The Director
				may investigate payments made to all employees for up to 3 years prior to the
				date the complaint was filed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart H - INSPECTION PROCEDURE › Section 210.810 - Investigation Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Compliance Officer will make an initial determination with respect to whether
				the employer, employees, and/or former employees are covered under the Minimum
				Wage Law.
b) A Compliance Officer
				may interview the employer, employees, and/or former employees to gather
				information on such subjects as hours worked, rate and type of pay, meals,
				lodging, gratuities, age and other such conditions and practices of
				employment.
c) A Compliance Officer
				will review the time and payroll records for each employee, and/or former
				employee, and do a complete dollar audit for a period not to exceed three years
				for those employees to whom back wages are owed.
d) A Compliance Officer will notify the
				employer or his/her agent of the results of the investigation, including the
				amount of back wages due, if any.
e) The Director will issue a written notice
				of noncompliance with the Minimum Wage Law to the employer or his/her agent
				when a Compliance Officer finds that back wages are due.
f) The Director may provide the employer,
				employees, and/or former employees with an opportunity to present further
				evidence and identify any issues in dispute at an informal investigatory
				conference pursuant to Subpart I of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart H - INSPECTION PROCEDURE › Section 210.820 - Enforcement Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director will seek voluntary compliance by the employer. The payment of back
				wages due the employees and/or former employees (plus any penalties and
				punitive damages assessed pursuant to Section 12 (a) of the Act and Subpart J
				of these Rules and Regulations) will be evidence of substantial compliance with
				the provisions of the Act. Payment shall be supervised, when possible, by the
				Director.
b) The Director may
				require proof that the employees, and/or former employees, received all the
				back wages due them (plus any assessed punitive damages), and the Director may
				require the employer to send certified checks, cashier's checks or money
				orders, made payable to the individual employees or the Department of Labor, to
				the Department for disbursement.
c)
				If the employer does not voluntarily comply within a reasonable amount of time,
				the Director may bring either a civil or criminal action against the employer
				as provided for in Sections 11 and 12 of the Act, and may conduct an
				administrative hearing for a final determination of penalties and punitive
				damages pursuant to Section 12 of the Act and Subpart J of these Rules and
				Regulations.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.900 - Request for Review by Employer Subject to an Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any employer contesting the findings of a
				Compliance Officer shall file a written request for an informal investigative
				conference within 15 days after receipt of the Director's written notice of
				noncompliance with the Minimum Wage Law.
b) Such request shall be prominently marked
				"Request for Review of Inspection Results" on both the letter and the envelope
				and shall be mailed or delivered to the Department's Chicago office. The
				request must set forth the reasons why the employer believes the Compliance
				Officer's findings are incorrect as a matter of law or fact, or, if applicable,
				any newly discovered evidence the employer could not have discovered during the
				course of the inspection. Late submissions need not be considered by the
				Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.910 - Petition to Intervene by Employee or Former Employee Covered by an Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director may provide an employee or former employee covered by a Compliance
				Officer's completed inspection the opportunity to present further evidence at
				an informal investigative conference to be held before a duly authorized
				representative of the Director. Petitions to Intervene must be made in writing
				within 15 days after the date the employee or former employee receives
				notification of back wages or that the claim is dismissed.
b) Such a petition shall be prominently
				marked "Petition to Intervene in Minimum Wage Law Investigation" on both the
				letter and the envelope and shall be mailed or delivered to the Department's
				Chicago office. The petition must set forth the reasons why the employee or
				former employee believes the Compliance Officer's findings are incorrect as a
				matter of law or fact, and that the Director's enforcement of the inspection
				results as a practical matter may impair or impede his/her ability to protect
				his/her rights under the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.920 - Convening an Informal Investigative Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director shall make an initial
				determination with respect to the legal and factual merits of a "Request for
				Review of Inspection Results" or a "Petition to Intervene in Minimum Wage Law
				Investigation". If the request or petition presents a reasonable issue of law
				or fact, a duly authorized representative of the Director may convene an
				informal investigative conference for purposes of obtaining evidence and
				identifying the issues in dispute.
b) A written notice of an informal
				investigative conference shall be sent, not less than 10 days prior to the date
				of the conference, to the employer and a petitioning employee or former
				employee, and may also be sent to those employees or former employees covered
				by the inspection at issue who are the subject of a "Request for Review of
				Inspection Results" or a "Petition to Intervene in Minimum Wage Law
				Investigation." Each notice shall identify the individual requested to attend,
				along with any books, records or documents the party must produce at the
				conference.
c) If a request or
				petition is denied, the Director will notify the party who filed the request or
				petition of his/her determination in writing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.925 - Continuances of Informal Investigative Conference

Current through Register Vol. 48, No. 28, July 12, 2024
Parties shall be prepared to proceed at the informal
				  investigative conference, presenting all testimonial and/or documentary
				  evidence necessary to support their positions. A request by one party for a
				  continuance will be granted prior to the conference only if the other party
				  agrees and the Director's representative in charge of the conference grants
				  permission. A request for a continuance must be made in person to the
				  Director's representative at the time of the conference and will be granted
				  only upon a showing of good cause.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.930 - Application of the Rules of Evidence -Pleadings and Procedures in an Investigative Conference

Current through Register Vol. 48, No. 28, July 12, 2024
When a duly authorized representative of the Director
				  conducts an informal investigative conference, she/he is not bound by the rules
				  of evidence or by any technical or formal rules of pleading or
				  procedure.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.940 - Attorney and Witnesses in Investigative Conference

Current through Register Vol. 48, No. 28, July 12, 2024
A party to an informal investigative conference may be
				  accompanied at the conference by his/her attorney and by a translator, if
				  necessary. The parties may bring witnesses to the conference, but the
				  Director's representative in charge of the conference shall decide which
				  witnesses, if any, shall be heard, and the order in which they shall be heard.
				  The Director's representative may exclude witnesses and other persons from the
				  conference when they are not giving testimony. The Director's representative
				  shall conduct and control the proceedings. No tape recordings, stenographic
				  report or other verbatim record of the conference shall be
				  made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.950 - Contumacious Conduct in Investigative Conference

Current through Register Vol. 48, No. 28, July 12, 2024
If any individual becomes disruptive or abusive, the
				  Director's representative conducting the investigative conference may exclude
				  the person from the proceeding. The Director's representative, in his/her
				  discretion, may take any of the following actions: continue the conference
				  without the participation of the excluded individual, render a decision based
				  upon the evidence previously presented, dismiss the employee's claim, or strike
				  the subject individual's response.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.960 - Telephone Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director does not routinely hold investigative conferences by telephone.
				Written requests to participate by telephone must be received by the
				Department's Chicago office no later than 7 days prior to the hearing date. The
				request shall be prominently marked "Request for Telephone Hearing" on both the
				letter and the envelope. Such request shall be typewritten or clearly written
				and shall contain a compelling reason why the party needs to participate by
				telephone and the name, address and telephone number of the person to be
				contacted.
b) A party shall not
				consider its request granted unless the participant receives notice by
				telephone or letter of the Director's approval prior to the conference
				date.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart I - INFORMAL INVESTIGATIVE CONFERENCE ON INSPECTION RESULTS › Section 210.970 - Request for Review

Current through Register Vol. 48, No. 28, July 12, 2024
Requests for review of a determination from an informal
				  investigative conference must be made in writing to the Department's Chicago
				  office, within 15 days after the decision. The request shall be prominently
				  marked "Request for Review" on both the letter and the envelope. The request
				  must set forth the reasons why the party believes the Director's duly
				  authorized representative misconstrued the evidence or misapplied the law to
				  the facts. Late submissions need not be considered by the
				  Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart J - ASSESSMENT OF PENALTIES AND PUNITIVE DAMAGES › Section 210.1000 - Assessment and Notice of Underpayment, Penalties, and Punitive Damages

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director may
				conduct investigations, conferences, or hearings to determine whether an
				employer's conduct is wilful for purposes of assessing penalties and punitive
				damages as provided under Section 12(a) of the Act.
b) An employer that wilfully underpaid its
				employees shall be liable to the Director for penalties equal to 20% of its
				total underpayment and shall be additionally liable to each underpaid employee
				for punitive damages equal to 2% of any such underpayment for each month
				following the date of payment during which such underpayment remained unpaid.
				The amount of the underpayment will be based on the findings of the Compliance
				Officer. The Director will assess the penalties and punitive damages, and remit
				a written "Notice of Underpayment, Penalties, and Punitive Damages" to the
				employer for the underpayment, plus a 20% penalty and 2% punitive damages
				assessment.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart J - ASSESSMENT OF PENALTIES AND PUNITIVE DAMAGES › Section 210.1010 - Employer Conduct Deemed Willful

Current through Register Vol. 48, No. 28, July 12, 2024
An employer's conduct shall be deemed willful when the
				  employer knew its underpayment of wages was prohibited by the Act or showed
				  reckless disregard of the wage payment requirements under the Act. All of the
				  facts and circumstances surrounding the violations shall be taken into account
				  in determining whether, by a preponderance of the evidence, an employer's
				  conduct was willful.
a) An employer's
				conduct shall be deemed knowing, among other situations, if the employer
				received advice from a responsible, duly authorized representative of the
				Director to the effect that the conduct in question is not lawful; if the
				employer has previously received notice, through a responsible, duly authorized
				representative of the Director, that the employer allegedly was in violation of
				the Act; if a court or other tribunal has made a finding that the employer has
				previously violated the Act for underpaying its employees.
b) An employer's conduct shall be deemed
				reckless, among other situations, if, as a result of previous advice of the
				Director, the employer was on notice that it should have inquired further into
				whether its conduct was in compliance with the Act and failed to make adequate
				further inquiries.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart J - ASSESSMENT OF PENALTIES AND PUNITIVE DAMAGES › Section 210.1020 - Uncontested Payment of Underpayments, Penalties, and Punitive Damages

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer
				shall pay the penalties stated in the "Notice of Underpayment, Penalties, and
				Punitive Damages" by certified check made to the order of the Illinois
				Department of Labor. The employer shall pay the punitive damages by issuing
				separate certified checks made to the order of each underpaid employee covered
				by the inspection or the Illinois Department of Labor. The employer shall
				tender its penalty and punitive damages payments to the Department's Chicago
				office.
b) If the employer remits
				complete payment of back wages and assessed penalties and punitive damages
				pursuant to the "Notice of Underpayment, Penalties, and Punitive Damages", the
				Director may not take additional administrative or judicial action under the
				Act against the employer solely related to the particular Minimum Wage Law
				investigation at issue.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart J - ASSESSMENT OF PENALTIES AND PUNITIVE DAMAGES › Section 210.1030 - Exception to Notice of Underpayments, Penalties, and Punitive Damages

Current through Register Vol. 48, No. 28, July 12, 2024
If the employer contests the "Notice of Underpayment,
				  Penalties, and Punitive Damages", the employer shall file a written request for
				  reconsideration. The request shall be prominently marked "Exception to
				  Underpayment, Penalties, and Punitive Damages" on both the letter and the
				  envelope, and shall be mailed via certified or registered mail to the
				  Department's Chicago office, within 15 days after receipt of the Director's
				  "Notice of Underpayment, Penalties, and Punitive Damages". The exception must
				  set forth the reasons why the employer believes the Director erred in arriving
				  at the amount of underpayment and/or the calculation of penalties and punitive
				  damages, and/or erred in his/her determination that the employer wilfully
				  underpaid its employees. Late submissions need not be considered by the
				  Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart J - ASSESSMENT OF PENALTIES AND PUNITIVE DAMAGES › Section 210.1040 - Informal Investigative Conference on the Assessment of Underpayments, Penalties, and Punitive Damages

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director shall make an initial determination with respect to the legal and
				factual merits of an "Exception to Underpayment, Penalties, and Punitive
				Damages". If the exception presents a reasonable issue of law or fact, a duly
				authorized representative of the Director may convene an informal investigative
				conference for purposes of obtaining evidence and identifying the issues in
				dispute, pursuant to the procedures set forth in Subpart I, Sections
				210.910
				through
				210.950
				of this Part.
b) As a result of an
				informal investigative conference, the Director may reevaluate the Compliance
				Officer's findings and modify the underpayment, penalties, and punitive damages
				assessment accordingly.
c) If the
				employer remits payment of the modified assessment of the underpayment,
				penalties, and punitive damages, pursuant to the procedures set forth in
				Section
				210.1030(a)
				of this Subpart, if any is due, the Director will not take additional
				administrative or judicial action under the Act against the employer solely
				related to the particular Minimum Wage Law investigation at issue.
d) If the exception is denied, the Director
				will notify the party who filed the request of his/her findings in
				writing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart J - ASSESSMENT OF PENALTIES AND PUNITIVE DAMAGES › Section 210.1050 - Final Determination of Penalties and Punitive Damages

Current through Register Vol. 48, No. 28, July 12, 2024
If the Director finds no merit to a properly filed "Exception
				  of Underpayment, Penalties, and Punitive Damages", or if no payment is
				  forthcoming on either an uncontested or modified finding of underpayment,
				  penalties, and punitive damages, a final determination on the amount of
				  penalties and punitive damages shall be made in an administrative hearing
				  pursuant to the provisions of the Illinois Administrative Procedure Act [5 ILCS
				  100 ] and 56 Ill. Adm. Code 120.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart A - DEFINITIONS › Section 220.100 - Definition of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
As used herein the term Act shall mean "An Act to promote the
				  public health and comfort of persons employed by providing for one day of rest
				  in seven" (Ill. Rev. Stat. 1977, ch. 48, pars. 8a et seq.) as
				  amended.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart A - DEFINITIONS › Section 220.110 - Year

Current through Register Vol. 48, No. 28, July 12, 2024
As used herein the word year shall mean the calendar year,
				  i.e., the period from January 1st through December
				  31st of each year.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart A - DEFINITIONS › Section 220.115 - Week

Current through Register Vol. 48, No. 28, July 12, 2024
As used herein the term week shall mean seven consecutive
				  twenty-four hour periods starting at 12:01 A.M. Sunday morning and ending at
				  midnight of the following Saturday night.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart A - DEFINITIONS › Section 220.120 - Permit

Current through Register Vol. 48, No. 28, July 12, 2024
As used herein the term permit shall mean the license
				  granting an employer authority to work an employee the seventh day of the
				  week.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart A - DEFINITIONS › Section 220.125 - Defining the word required in the phrase "no employee shall be required to work", Section 4 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, Section 8d)

Current through Register Vol. 48, No. 28, July 12, 2024
As used herein said work required shall mean that all such
				  work on the seventh day of the week must be voluntary on the part of the
				  employee involved. With the exception of the exemptions under Section 2(1)
				  through (6) of the Act, (Illinois Revised Statutes, 1977, Chapter 48, pars. 8b
				  (1) through (6)), no employee can be required to work on their designated day
				  of rest.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart A - DEFINITIONS › Section 220.135 - Time Book

Current through Register Vol. 48, No. 28, July 12, 2024
The 'Time Book' as required in Section 5 of the Act,
				  (Illinois Revised Statutes, 1977, chapter 48, par. 8e) can be any accurate
				  record of hours worked each day and each work week, i.e., time clock card, time
				  card, time book, time sheet, or other suitable record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart A - DEFINITIONS › Section 220.140 - Agriculture

Current through Register Vol. 48, No. 28, July 12, 2024
Agriculture includes farming in all of its branches and among
				  other things includes the cultivation and tillage of the soil, dairying, the
				  production, cultivation, growing and harvesting of any agricultural or
				  horticultural commodities (including commodities defined as agricultural
				  commodities in Section 15 (g) of the U.S. Agricultural Marketing Act, as
				  amended (
				  7
				  U.S.C. 1621 et seq.)), the raising of
				  livestock, bees, fur-bearing animals, or poultry, and any practices (including
				  forestry or lumbering operations) performed by a farmer or on a farm as an
				  incident to or in conjunction with such farming operations, including
				  preparation for market, delivery to storage or to market or to carriers for
				  transportation to market, but not the operation of processing such commodities
				  and any activities subsequent to such operation. The phrase 'incident to or in
				  conjunction with' shall not include construction by a private contractor of
				  farm buildings on a farm.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart A - DEFINITIONS › Section 220.145 - Emergency under Section 2of the Act (Illinois Revised Statutes 1977, Chapter 48, Section 8b(2))

Current through Register Vol. 48, No. 28, July 12, 2024
a) The word
				Emergency as used herein shall mean a sudden, urgent, unforeseen occurrence or
				occasion requiring immediate action. An emergency under this section of the Act
				shall not include the call in of employees on their designated ay of rest to
				replace those scheduled but failing to report for work.
b) Duration of emergency: The emergency
				condition shall remain in effect until repairs made necessary by the emergency
				have been completed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart B - LENGTH AND NUMBER OF PERMITS › Section 220.200 - Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permit shall
				be required during any week in which one or more employees, not excluded in
				Section 2 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, par. 8b),
				work all seven days of the week.
b)
				Permits for eight weeks of the year shall be granted without justification of
				necessity.
c) Permits in excess of
				eight weeks in a year shall require justification of necessity as follows:
1) A statement that the necessity cannot be
				remedied by increasing the number of employees or by adjusting work scheduled
				and
2) Business necessity and
				economic conditions making such a request necessary.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart C - RESPONSIBILITIES OF EMPLOYERS › Section 220.300 - Written requests for permits

Current through Register Vol. 48, No. 28, July 12, 2024
An employer desiring a licensing shall submit to the Director
				  in written form a request for each permit. Such request shall contain the
				  following:
a) A statement that all
				employees involved are in fact volunteers.
b) The anticipated number and skills of said
				employees.
c) Number of days
				covered by the permit including inclusive dates and hourly times starting on
				Sunday.
d) A statement that no
				person possessing skills in subsection (b) above is laid off.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart C - RESPONSIBILITIES OF EMPLOYERS › Section 220.305 - Telephone requests for permits

Current through Register Vol. 48, No. 28, July 12, 2024
Such requests to the Director shall be honored; however, the
				  employer shall within two working days of the telephone call forward to the
				  Director a letter consistent with the requirements in Section
				  220.300.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart C - RESPONSIBILITIES OF EMPLOYERS › Section 220.310 - Record of permits

Current through Register Vol. 48, No. 28, July 12, 2024
Employers shall retain for two years and make available to
				  the Director upon request letters and related correspondence granting
				  permits.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart D - RESPONSIBILITIES OF THE DIRECTOR › Section 220.400 - Notice to the employer

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall, upon granting a permit, forward to the
				  employer a written confirmation of such permit containing the information in
				  Section
				  220.300(c).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart E - TIMELINESS OF EMPLOYER REQUESTS › Section 220.500 - Written request for permits

Current through Register Vol. 48, No. 28, July 12, 2024
A letter requesting same must be received by the Director not
				  later than the Friday preceding the first effective day of the
				  permit.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart E - TIMELINESS OF EMPLOYER REQUESTS › Section 220.505 - Telephonic requests

Current through Register Vol. 48, No. 28, July 12, 2024
Within a week that employees have worked on Sunday and a
				  likelihood exists that the same employees will be working all seven days of
				  that week, telephonic requests in Section
				  220.305
				  must be received by the Director not later than Friday of said
				  week.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart F - CANCELLATION OF PERMIT › Section 220.600 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
An employer failing to use a granted permit or portion
				  thereof can cancel same by written notification to the Director not later than
				  seven working days after the expiration of the permit.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart G - POSTING OF SCHEDULES › Section 220.700 - Deadline for posting

Current through Register Vol. 48, No. 28, July 12, 2024
Schedules required by Section 4 of the Act, (Illinois Revised
				  Statutes, 1977, chapter 48, par. 8d) shall be posted not later than 12:00 noon
				  on the Friday preceding the Sunday to be worked.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart H - MEAL PERIOD › Section 220.800 - Employees working in excess of 71/2hours

Current through Register Vol. 48, No. 28, July 12, 2024
The meal period required in Section 3 of the Act, (Illinois
				  Revised Statutes, 1977, Chapter 48, par. 8C) shall be required in each
				  continuous 71/2 hour period worked by an employee.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart I - VIOLATIONS: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 220.900 - Failure to provide the required day of rest

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section 2 of the Act, (Illinois Revised
				  Statutes, 1977, chapter 48, Par. 8B), shall be charged for each employee during
				  each week in which the employee works seven days of the calendar week when no
				  permit authorizing work on the designated day of rest has been granted by the
				  Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart I - VIOLATIONS: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 220.905 - Meal Period

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section 3 of the Act, (Illinois Revised
				  Statutes, 1977, Chapter 48, par. 8C), shall be charged for each work period as
				  defined in Section
				  220.800
				  herein during which an employee is not permitted a meal period of at least 20
				  minutes.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart I - VIOLATIONS: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 220.910 - Posting of Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
One violation shall be charged for each week the schedule
				  required by Section 4 of the Act, (Illinois Revised Statutes, 1977, chapter 48,
				  par. 8D) is not posted as provided in Section
				  220.700.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart I - VIOLATIONS: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 220.915 - Non-voluntary work

Current through Register Vol. 48, No. 28, July 12, 2024
A violation shall be charged under Section 4 of the Act,
				  (Illinois Revised Statutes, 1977, Chapter 48, par. 8d) for each week an
				  employee is required to work on the designated day of rest.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart I - VIOLATIONS: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 220.920 - Time Records

Current through Register Vol. 48, No. 28, July 12, 2024
One violation shall be charged for each employee upon whom
				  adequate time records are not maintained as provided in Section 5 of the Act,
				  (Illinois Revised Statutes, 1977, chapter 48, par. 8e) and Section
				  220.135
				  herein.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart I - VIOLATIONS: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 220.925 - Permits

Current through Register Vol. 48, No. 28, July 12, 2024
One violation shall be charged for each week an employer
				  allows his employees to work on their designated day of rest without a permit
				  as prescribed in Section 8 of the Act, (Illinois Revised Statutes, 1977,
				  chapter 48, par. 8h), and Section
				  220.200(a)
				   herein.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart I - VIOLATIONS: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 220.930 - Inspection of permits

Current through Register Vol. 48, No. 28, July 12, 2024
The failure of an employer to produce for inspection such
				  letter as required in Subpart D above shall be prima facie evidence that
				  employees are working seven days per week in violation of Section 2 of the Act,
				  (Illinois Revised Statutes, 1977, Chapter 48, par. 8b).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart J - APPLICABILITY OF THE ILLINOIS ADMINISTRATIVE PROCEDURE ACT › Section 220.1000 - Denial, suspension or revocation of permits

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of the Illinois Administrative Procedure Act
				  (Ill. Rev. Stat. 1983, ch. 127, pars. 1001 et seq.) shall apply to the denial,
				  suspension and revocation of permits authorized under Section 8 of the Act,
				  (Ill. Rev. Stat. 1977, ch. 48, par. 8h).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 220 - SIX DAY WEEK LAW › Subpart K - HEARING PROCESS › Section 220.1100 - Procedure and timetable

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director shall advise in writing each employer for whom a permit has been
				denied, suspended, or revoked of the hearing process.
b) The employer may within 21 days of the
				denial, suspension or revocation request an informal office hearing.
c) If the informal hearing does not resolve
				the problem, the employer will have the opportunity to request, within 21 days
				of the informal hearing, a formal hearing under the provisions of the Illinois
				Administrative Procedure Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart A - GENERAL PROVISIONS › Section 230.100 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to claims arising under the Illinois
				  Worker Adjustment and Retraining Notification Act [820 ILCS 65
				  ].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart A - GENERAL PROVISIONS › Section 230.120 - Determination of a Single Site of Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A single site of employment refers to
				either a single location or a group of contiguous locations. Groups of
				structures that form a campus or industrial park, or separate facilities across
				the street from one another, may be considered a single site of
				employment.
b) Several single sites
				of employment within a single building may exist if separate employers conduct
				activities within such a building. The offices of each employer will be a
				single site of employment.
c)
				Separate buildings or areas that are not directly connected or in immediate
				proximity may be considered a single site of employment if they are in
				reasonable geographic proximity, used for the same purpose and share the same
				staff and equipment.
d)
				Non-contiguous sites in the same geographic area that do not share the same
				staff or operational purpose should not be considered a single site.
e) Contiguous buildings owned by the same
				employer that have separate management, produce different products and have
				separate workforces are considered separate single sites of
				employment.
f) A single site of
				employment for workers whose primary duties require travel from point to point,
				who are outstationed or whose primary duties involve work outside any of the
				employer's regular employment sites, will be the site that workers are assigned
				to as home base or the site from which they report or receive
				assignments.
g) A single site of
				employment may apply in truly unusual organizational situations where the
				criteria of this Section do not reasonably apply. The application of this
				subsection with the intent to evade the purposes of the Act to provide notice
				is not acceptable.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart A - GENERAL PROVISIONS › Section 230.130 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Act applies to plant closings or mass layoffs occurring
				  on or after January 1, 2005. Voluntary notice by an employer is encouraged even
				  in situations that do not constitute a plant closing or mass
				  layoff.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart A - GENERAL PROVISIONS › Section 230.140 - Records and Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
Information obtained from any employer subject to the Act
				  shall be held confidential pursuant to the terms and conditions contained in
				  Section 30 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart B - EMPLOYER NOTICE AND CONTENT OF NOTICE › Section 230.200 - Employer Notice

Current through Register Vol. 48, No. 28, July 12, 2024
An employer subject to the provisions of the Act shall
				  determine whether notice is required under Section 10 of the Act and whether
				  any exceptions apply pursuant to Section 15 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart B - EMPLOYER NOTICE AND CONTENT OF NOTICE › Section 230.210 - Who Must Receive Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Once an employer determines that notice is required under the
				  Act, written notice shall be given to all affected employees, representatives
				  of affected employees, the Department of Commerce and Economic Opportunity and
				  the chief elected official of each municipal and county government within which
				  the employment loss, relocation, or mass layoff occurs. Written notice shall
				  also be provided to the Illinois Department of Labor at its Springfield
				  office.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart B - EMPLOYER NOTICE AND CONTENT OF NOTICE › Section 230.220 - When Employer Notice Must Be Given

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An employer subject to the Act, and required to give notice pursuant to Section
				10 of the Act, must give notice 60 days before the order of a mass layoff or
				plant closing takes effect.
b)
An owner of an investor-owned electric generating plant or coal mining
				operation
must give notice
2 years before the order of a mass
				layoff, relocation, or employment loss takes effect.
[820
				ILCS 65/10 ]
c) An employer who is receiving State or
				local economic development incentives for doing or continuing to do business in
				this State may be required to provide additional notice pursuant to Section 15
				of the Business Economic Support Act [30 ILCS
				760/15 ].
d) A reduction in the notice period may be
				allowed if the employer can establish the elements set forth in Section 15 of
				the Act and provides a brief statement to the Department describing the basis
				for reducing the notification period.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart B - EMPLOYER NOTICE AND CONTENT OF NOTICE › Section 230.230 - Contents of Employer Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Employer notice to each affected employee shall contain:
1) a statement as to whether the planned
				action is expected to be permanent or temporary and a statement concerning
				whether the entire plant is to be closed;
2) the expected date when the plant closing
				or mass layoff will commence and the expected date when the individual employee
				will be separated;
3) an indication
				as to whether bumping rights exist; and
4) the name and telephone number of a company
				official to contact for further information.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart B - EMPLOYER NOTICE AND CONTENT OF NOTICE › Section 230.240 - Exceptions to the Notice Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer is not required to give notice
				if the Department determines that any of the following has been met:
1) the employer establishes an exception as
				set forth in Section 15 or Section 20 of the Act;
2) the employer establishes that the mass
				layoff or plant closing was due to a physical calamity or an act of terrorism
				or war; or
3) the employer
				establishes that the plant closing or mass layoff is the result of relocation
				or consolidation of all or part of an employer's business and, before the
				closing or layoff, the employer offers either:
A) to transfer the employee to a different
				site of employment within a reasonable commuting distance with no more than a
				6-month break in employment; or
B)
				to transfer the employee to any other site of employment, regardless of
				distance, with no more than a 6-month break in employment, and the employee
				accepts within 30 days after the offer or after the closing or layoff,
				whichever is later.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart C - COMPLAINT › Section 230.300 - Persons Who May File a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
An employee, representative of employees, the Department of
				  Commerce and Economic Opportunity, or the chief elected official of each
				  municipal and county government within which the mass layoff or plant closing
				  occurs may file a complaint, including the Illinois Department of Labor in
				  cases initiated by the Illinois Department of Labor.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart C - COMPLAINT › Section 230.310 - Contents and Time Limit for Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complaint shall be filed on a form to be
				supplied by the Department. The form shall name the respondent, shall be signed
				by the complainant and shall be accurately completed alleging the violation of
				the Act requesting to be reviewed. The form may have attached copies of all
				supporting documentation.
b) All
				complaints shall be delivered, by U.S. mail or personal delivery, to the
				Department's Springfield office within six months after the alleged violation
				of the Act occurs. The complaint shall be deemed filed as of the date it is
				postmarked on the envelope or date stamped as received by the
				Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart C - COMPLAINT › Section 230.320 - Withdrawal, Settlement, and Consent Findings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complaint may be voluntarily withdrawn
				at any time.
b) Complainant and
				respondent may settle at any time.
c) At any time, the parties may enter into
				consent findings, rules and orders under 56 Ill. Adm. Code
				120.540.