reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart H - DAMAGES, PENALTIES AND FEES › Section 300.1210 - Payment of Wages or Compensation Owed, Penalties, and Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) A respondent
				shall pay wages, compensation, penalties, or fees owed in either of the
				following manners:
1) Mail two separate
				certified checks, cashier's checks, or money orders to pay the amount of wages
				or compensation owed to the office location designated by the Department. One
				certified check, cashier's check, or money order shall be for the amount of any
				wages or final compensation, less all required deductions for federal and State
				taxes and social security plus statutory damages and statutory penalties owed
				to the employee, made payable to: "[INSERT EMPLOYEE NAME] or Illinois
				Department of Labor", inserting the employee's name accordingly. The second
				certified check, cashier's check, or money order shall be for the amount of any
				penalties and fees owed to the Department made payable to the "Illinois
				Department of Labor".
2) Make two
				separate payment transactions using an electronic payment system designated by
				the Department for such payments. One transaction shall be for the amount of
				any wages owed or final compensation, less all required deductions for federal
				and State taxes and social security; plus statutory damages and statutory
				penalties owed to the employee, designated with the employee's name. The second
				transaction shall be for the amount of any penalties and fees owed to the
				Department, designated as "Fines/Fees to IDOL".
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart I - COMPLAINTS FOR RETALIATION › Section 300.1220 - Filing of a Complaint, Investigation and Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employee or an employee's
				representative may file a complaint with the Department alleging unlawful
				retaliation by submitting a complaint on a form provided by the Department.
				Complaints shall be filed within one year from the date of the alleged
				discriminatory action.
b) The
				Department will notify the employer of the existence of the complaint and
				provide the employer an opportunity to submit a response to the complaint along
				with any documentation necessary for the Department's investigation of the
				complaint.
c) If an employer fails
				to answer the complaint or fails to answer all material allegations contained
				in the complaint, any unanswered allegations shall be deemed admitted to be
				true.
d) The Department will review
				the information provided by the parties in order to determine whether unlawful
				retaliation has occurred. If the review demonstrates there is reason to believe
				the Act has not been violated, the complaint will be dismissed. If the review
				demonstrates that there is reason to believe the Act has been violated, the
				matter will be set for a formal administrative hearing. The Department will
				notify both parties of its determination and may issue appropriate
				orders.
e) Service of any document
				under this Section shall be in accordance with Section
				300.940(c).
f) All hearings held under this Section shall
				be conducted pursuant to Subpart G.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart A - GENERAL PROVISIONS › Section 320.100 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to actions arising under the Equal Pay
				  Act of 2003 [820 ILCS 112 ] administered
				  under the jurisdiction of the Director of the Illinois Department of Labor and
				  the Illinois Department of Labor.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart A - GENERAL PROVISIONS › Section 320.110 - Application of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
In areas where the State and federal government have
				  concurrent powers under their respective statute, the stricter of the two laws
				  shall prevail.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart A - GENERAL PROVISIONS › Section 320.130 - Independent Contractor Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				As used in this Part, the term "employee" shall not include any individual:
1) who has been and will continue to be free
				from control and direction over the performance of the individual's work, both
				under the contract of service with the employer and in fact; and
2) who performs work that is either outside
				the usual course of business or is performed outside all the places of business
				of the employer unless the employer is in the business of contracting with
				third parties for the placement of employees; and
3) who is an independently established trade,
				occupation, profession or business.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart A - GENERAL PROVISIONS › Section 320.140 - Recordkeeping Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				employer subject to any provision of the Act shall make and preserve records
				that document the name, address, and occupation of each employee; the wages
				paid to each employee and any other forms of compensation provided by the
				employer; dates of hire, dates of promotion, dates of pay increases, and dates
				any other compensation was provided by the employer, if applicable, for each
				employee; and payroll records.
b)
				The employer shall also preserve any records made in the regular course of the
				business operation related to personnel records, employee qualifications for
				hire, promotion, transfer, discharge or other disciplinary action, wage rates,
				skills testing certifications, job evaluations, job descriptions, merit
				systems, seniority systems, written job offers, individual employment
				contracts, collective bargaining agreements, description of practices or other
				matters that describe or explain the basis for payment of any wage differential
				between employees of the opposite sex or the basis for payment of wages to any
				employee who is African-American at a rate less than the rate paid to employees
				who are not African-American by the same employer and that may be pertinent to
				a determination whether the differential or lower wage payment is based on a
				factor other than sex or race.
c)
				The records required by subsections (a) and (b) shall be preserved and
				maintained for a period of not less than 5 years unless the records relate to
				an ongoing investigation or enforcement action under the Act, in which case the
				records must be maintained until their destruction is authorized by the
				Department or by court order.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart A - GENERAL PROVISIONS › Section 320.150 - Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
The following regulations and standards are incorporated in
				  this Part. All incorporations by reference refer to the regulations, guidelines
				  and standards on the date specified and do not include any editions or
				  amendments subsequent to the date specified.
a) Federal Regulations and Publications
1) U.S. Bureau of Labor Statistics Standard
				Occupational Classification (SOC) System Revision for 2018, April 15,
				2020.
2)
										29 CFR
				1602.7 through
				1602.14, July 26, 1991.
3)
										41 CFR
				60-1.7(a), December 22,
				1997.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart B - COMPLAINT › Section 320.200 - Persons Who May File a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
An employee or former employee may file a complaint alleging
				  a violation of the Act by submitting a signed, completed complaint form. The
				  Department may also initiate an investigation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart B - COMPLAINT › Section 320.210 - Contents and Time Limit for Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complaint shall be in such detail as to
				substantially apprise the parties of the dates, place and facts with respect to
				the alleged violation of the Act. Each complaint shall contain the following
				information:
1) the full name and address of
				the complainant;
2) the full name
				and address of each respondent;
3)
				a statement of the facts alleged to constitute a violation under the Act,
				including the dates and place of the alleged violation;
4) a statement of each specific harm the
				complainant has suffered as a consequence of the alleged violation;
5) complainant's signature, including date of
				signing; and
6) a statement as to
				any other action, civil or criminal, instituted in any other forum, and as to
				any pending administrative proceeding based on the same violation as alleged in
				the complaint, together with a statement as to the status or disposition of the
				other action.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart B - COMPLAINT › Section 320.220 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
While the case is pending at the administrative level, the
				  identity of the complainant shall be kept confidential unless the complainant
				  requests otherwise. This confidentiality provision does not apply in cases
				  alleging retaliatory discharge or retaliatory discrimination under the Act, or
				  to matters referred to the Department of Human Rights for an investigation
				  under Section 15(d) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart B - COMPLAINT › Section 320.230 - Incomplete Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department receives a written complaint from an
				  individual that complies substantially with Section
				  320.210
				  but is lacking an element that still must be provided, the Department may
				  accept and docket the complaint as an incomplete complaint. The Department
				  shall notify the complainant in writing of the elements that must be supplied.
				  If the complainant fails or refuses to perfect the complaint within 30 calendar
				  days, the complaint may be dismissed pursuant to Section
				  320.500.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart B - COMPLAINT › Section 320.240 - Amendment of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				complaint may be amended to cure technical defects or to set forth additional
				facts or allegations related to the subject matter of the original complaint.
				The amendments, if timely filed pursuant to Section
				320.210,
				shall relate back to the original filing date.
b) A complaint may be amended to substitute
				or name additional respondents. The amendment shall relate back to the original
				filing date, if timely filed pursuant to Section 320.210, and if at the time of
				the amendment a separate complaint could have been timely filed against the
				additional respondent or the additional respondent had timely notice of the
				original complaint and the fact that it might be involved in that complaint.
				Mere misnomer of a party may be cured at any time.
c) If a party dies while the proceedings are
				pending, the complaint may be amended to substitute the legal representative,
				or any other person with a legally recognized interest in the decedent's
				estate, for the deceased.
d) The
				Department shall provide notice of the substance of any amendment to a
				complaint to all parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart B - COMPLAINT › Section 320.250 - Withdrawal of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
A complaint may be withdrawn at any time prior to issuance of
				  a notice dismissing the complaint or filing of a court action based on the
				  complaint. A complainant's request to withdraw a complaint shall be in writing
				  and signed by the complainant and shall specifically reference the Department's
				  complaint number. The Department shall grant the request if it is shown that
				  the request is made voluntarily. After the Department's review of the
				  withdrawal request, the complaint may be closed and the Department will notify
				  all parties in writing. Withdrawal does not preclude the Department from
				  pursuing a complaint on its own motion based on the same
				  facts.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart C - PROCEDURE UPON COMPLAINT AND DECISION › Section 320.300 - Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the time of
				filing, the Department shall determine initially whether the allegations in the
				complaint sufficiently state a claim under the Act so that the Department can
				proceed with the investigation.
b)
				If, at the time of filing, or at any subsequent time, it is determined that
				there is a lack of jurisdiction, the complaint shall be dismissed. All parties
				shall be notified of the dismissal pursuant to Section
				320.500.
c) If, at the time of filing, or at any
				subsequent time while the matter is pending with the Department of Labor, it is
				determined that the subject matter of the complaint also alleges a violation of
				the Illinois Human Rights Act, the Department may refer the complaint to the
				Department of Human Rights to be processed pursuant to 56 Ill. Adm. Code 325
				(Joint rules of the Departments of Labor and Human Rights on the investigation
				of Equal Pay Act cases).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart C - PROCEDURE UPON COMPLAINT AND DECISION › Section 320.320 - Fact-Finding Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) As part
				of its investigation, the Department may convene a fact-finding conference in
				person or by telephone for the purpose of obtaining evidence, identifying the
				issues in dispute, ascertaining the positions of the parties and exploring the
				possibility of settlement. The fact-finding conferences will be limited in
				scope to those issues the Department believes to be in question.
b) Notice of the conference shall be given to
				all parties at least 10 calendar days prior to the conference and shall
				identify the individuals requested to attend on behalf of each party.
c) A party may be accompanied at a
				fact-finding conference by the party's attorney and by a translator if
				necessary.
d) A Department
				investigator shall conduct the conference and control the proceedings. No tape
				recordings, stenographic report or other verbatim record of the conference
				shall be made. If any person fails to cooperate at the conference and becomes
				so disruptive or abusive that a full and fair conference cannot be conducted,
				the Department investigator shall exclude the person from the
				conference.
e) A party who appears
				at the conference exclusively through an attorney or other representative
				unfamiliar with the events at issue shall be deemed to have failed to attend,
				unless, with respect to a respondent, it establishes that it does not employ or
				control any person with knowledge of the events at issue.
f) If a respondent or complainant refuses to
				attend a fact-finding conference, the Department shall make a determination
				based upon the evidence provided to the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart C - PROCEDURE UPON COMPLAINT AND DECISION › Section 320.330 - Decision After Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) At
				the conclusion of Department of Labor investigation, the Department must make
				one of the following findings:
1) Reasonable
				cause found. If the Department determines that there is reasonable cause to
				believe that a violation of the Act has occurred, it may:
A) Seek a voluntary settlement agreement
				signed by the respondent that eliminates the unlawful practice and provides
				appropriate relief to the complainant; or
B) Recommend the commencement of a civil
				action.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart C - PROCEDURE UPON COMPLAINT AND DECISION › Section 320.340 - Enforcement Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				payment of back wages and other relief found due pursuant to Section 30 of the
				Act will be evidence of 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 or former employees received all the back wages and other relief due
				pursuant to Section 30 of the Act. Payment for back wages and other relief or
				penalties may be made to the Department using the State Treasurer's E-Pay
				program or any successor program, certified checks, cashier's checks, or money
				orders, made payable to the individual employees or the Department of
				Labor.
c) If the respondent does
				not comply within 15 calendar days after the Director's demand, the Director
				may bring a civil action against the respondent as provided for in Section 30
				of the Act. Failure to timely comply may also subject the respondent to further
				penalties as provided for in Section 35(a) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart C - PROCEDURE UPON COMPLAINT AND DECISION › Section 320.400 - Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any time
				prior to the commencement of a civil action, the parties may settle the
				complaint on mutually agreeable terms. Such an agreement will not affect the
				processing of a complaint made by any other complainant, the allegations of
				which are like or related to the individual allegations settled.
b) If the Department finds that the
				complainant's objections to a proposed settlement agreement are without merit
				or that the complainant is unavailable or unwilling to participate in
				settlement negotiations, or continuing the investigation would be otherwise
				detrimental, the Department may, in its discretion, dismiss the complaint
				pursuant to Section
				320.500.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart E - DISMISSAL, DEFAULT AND CLOSURE › Section 320.500 - Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall serve upon the parties a written notice of dismissal of all or parts of a
				complaint. The dismissal notice shall state the grounds for dismissal and
				advise the parties of the right to seek review by filing a written request
				within 15 calendar days after the date of the dismissal notice pursuant to
				Section
				320.600.
				The dismissal notice shall also advise the parties of the right to bring a
				private action within 5 years from the date of the underpayment.
b) The dismissal may be based on, but not
				limited to, lack of reasonable cause that a violation under the Act occurred,
				lack of jurisdiction or complainant's failure to proceed pursuant to Section
				320.310(c).
				The notice of dismissal shall specify the manner in which the complainant has
				failed to proceed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart E - DISMISSAL, DEFAULT AND CLOSURE › Section 320.510 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Except for good cause shown, the failure of a respondent to
				  appear at an informal investigative hearing shall constitute a
				  default.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart E - DISMISSAL, DEFAULT AND CLOSURE › Section 320.520 - Closure

Current through Register Vol. 48, No. 28, July 12, 2024
When the Department becomes aware that there is a complaint
				  pending in federal or State court containing some or all of the issues before
				  the Department, it may close the issues of the complaint that are being
				  litigated and continue to process the remaining issues. If all issues are being
				  litigated, then the entire complaint will be closed. The Department shall
				  notify all parties in writing that the complaint before the Department is
				  closed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 320.600 - Request for Informal Investigative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Any party who contests a decision issued pursuant to Section
				  320.330
				  may file a written request for an informal investigative hearing within 15
				  calendar days after the Department's written notice of decision. The request
				  shall be marked Request for Informal Investigative Hearing on both the letter
				  and the envelope and shall be delivered by U.S. mail or personal delivery to
				  the Department's Chicago office. The request must set forth reasons why the
				  party believes the Department's findings are incorrect as a matter of law or
				  fact or any newly discovered evidence the party could not have discovered
				  during the course of the investigation. Late submissions need not be considered
				  by the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 320.610 - Convening an Informal Investigative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall make an initial
				determination with respect to the legal and factual merits of a Request for
				Informal Investigative Hearing. If the request presents a reasonable issue of
				law or fact, the Department may schedule an informal hearing before an
				Administrative Law Judge for purposes of obtaining evidence specific to the
				issue raised in the request and for which the hearing was granted. At this
				hearing, all parties shall be afforded the opportunity to address the specific
				issue raised in the Request for Informal Investigative Hearing, including the
				Department's investigator who shall be afforded the opportunity to present the
				Department's investigative findings.
b) A written notice of an informal
				investigative hearing shall be sent, not less than 10 calendar days prior to
				the date of the hearing, to the complainant and respondent, and may also be
				sent to those employees, former employees or witnesses covered by the
				investigation at issue. Each notice shall identify the individual requested to
				attend and records or documents the party must produce at the
				hearing.
c) If a request for an
				informal investigative hearing is denied, the Department will notify the party
				who filed the request of the Department's determination in writing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 320.620 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
Parties shall be prepared to proceed at hearing. A request by
				  one party for a continuance will be granted prior to the hearing if the request
				  is in writing, the other party agrees and the Administrative Law Judge grants
				  permission. Otherwise, a request for a continuance must be made in person to
				  the Administrative Law Judge at the time of hearing with proof that the party
				  notified or attempted to notify the other party in advance of the hearing of
				  the intent to ask for a continuance. The continuance will be granted only upon
				  a showing of good cause. Good cause may be shown by, but not limited to, the
				  failure of the party to receive notice of the hearing, the inability of a party
				  to produce a material witness or relevant evidence, the illness or death of a
				  party or counsel, the sudden and unexpected unavailability of counsel, and the
				  substitution of counsel.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 320.630 - Application of the Rules of Evidence, Pleading and Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
When an Administrative Law Judge conducts an informal
				  investigative hearing, the Administrative Law Judge 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 320 - EQUAL PAY IN EMPLOYMENT › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 320.640 - Attorneys and Witnesses at an Informal Investigative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A party may be accompanied at an informal investigative
				  hearing by the party's attorney and by a translator, if necessary. The parties
				  may bring witnesses to the hearing, but the Administrative Law Judge shall
				  decide which witnesses shall be heard and the order in which they shall be
				  heard. The Administrative Law Judge may exclude witnesses and other persons
				  from the hearing when they are not giving testimony. The Administrative Law
				  Judge shall conduct and control the proceedings. No tape recordings,
				  stenographic report or other verbatim record of the hearing shall be
				  made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 320.650 - Contumacious Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
If any person becomes so disruptive or abusive that a full
				  and fair hearing cannot be conducted, the Administrative Law Judge shall
				  exclude the person from the proceeding. The Administrative Law Judge may take
				  any of the following actions: continue the hearing without the participation of
				  the excluded individual; render a decision based upon the evidence previously
				  presented; dismiss the complainant's complaint; or strike the respondent's
				  response.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 320.660 - Telephone Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
				requests to participate in an informal investigative hearing by telephone must
				be received by the Department's Chicago office no later than seven calendar
				days prior to the hearing date. The request shall be in writing and state 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 party receives written notice of the Department's approval
				prior to the hearing date.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart G - REQUEST FOR REVIEW › Section 320.700 - Filing with Chief Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party may request review by the Chief
				Administrative Law Judge of a decision by the Department, including a decision
				made after an informal investigative hearing, to dismiss one or more
				allegations of a complaint for:
1) Lack of
				substantial evidence;
2) Lack of
				jurisdiction;
3) No reasonable
				cause found;
4) Failure of
				complainant to proceed; or
5)
				Failure of complainant to accept a settlement offer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart G - REQUEST FOR REVIEW › Section 320.710 - Contents of Request for Review

Current through Register Vol. 48, No. 28, July 12, 2024
A request for review must be in writing and state the reasons
				  the party disagrees with the Department's decision. The request must be
				  prominently marked "REQUEST FOR REVIEW" on both the letter and the envelope. A
				  copy of the decision sought to be reviewed must be included with the request.
				  The request for review must set forth the reasons why the party believes the
				  Department misconstrued the evidence or misapplied the law to the facts and any
				  newly discovered evidence the party could not have discovered prior to the
				  Department's decision.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart G - REQUEST FOR REVIEW › Section 320.720 - Reply to Request for Review and Surreply

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a party files a timely request for
				review, the Chief Administrative Law Judge may request other parties to submit
				a reply to the request for review. The reply must be filed with the Chief
				Administrative Law Judge within 14 calendar days after the request by the Chief
				Administrative Law Judge. The reply must be served on all other parties and
				proof of service must be provided to the Chief Administrative Law Judge or the
				reply cannot be considered. A reply is limited to the issues raised in the
				request for review. Whether a reply is needed or required is in the sole
				discretion of the Chief Administrative Law Judge.
b) If a reply to a request for review is
				timely filed with the Chief Administrative Law Judge, the party requesting
				review may file a surreply to the reply with the Chief Administrative Law
				Judge. Such surreply must be filed within 14 calendar days after the deadline
				for filing the reply. The surreply must be served on all parties and proof of
				service must be provided to the Chief Administrative Law Judge or the surreply
				cannot be considered. A surreply is limited to the issues raised in the
				reply.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart G - REQUEST FOR REVIEW › Section 320.730 - Extensions of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) For good cause
				shown, a party may request in writing an extension of time to file a request
				for review, reply or surreply. Such an extension shall be no more than 14
				calendar days. Requests for extensions of time must be filed with the Chief
				Administrative Law Judge no later than the original deadline and will be
				granted if the Chief Administrative Law Judge determines that good cause has
				been shown.
b) A determination for
				an extension of time shall be sent to all parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart G - REQUEST FOR REVIEW › Section 320.740 - Additional Investigation and Decision

Current through Register Vol. 48, No. 28, July 12, 2024
At the conclusion of the request for review process, the
				  Chief Administrative Law Judge must make one of the following findings:
a) Additional investigation. If the Chief
				Administrative Law Judge determines that additional investigation is needed,
				all parties will be notified of the decision. All parties will be informed of
				the results of the additional investigation and provided copies of any
				documents submitted in response to the decision for additional investigation.
				All parties will be given 14 calendar days to file a supplemental request for
				review, reply and surreply to address the results of the additional
				investigation.
b) Decision. If,
				after review of the Administrative Law Judge's decision to dismiss a complaint,
				issue a notice of default, or issue a reasonable cause finding, the Chief
				Administrative Law Judge determines that the Administrative Law Judge's
				decision should be sustained, a decision shall be entered stating the findings
				and reasons for the determination. Otherwise, the Chief Administrative Law
				Judge shall determine whether the dismissal, default or reasonable cause
				finding should be vacated. The Chief Administrative Law Judge will either
				return the complaint to the Department for additional investigation or issue a
				reasonable cause finding or a dismissal. The Chief Administrative Law Judge
				shall serve the decision upon all parties to the complaint.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.800 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall prescribe the process for businesses as
				  defined in Section 320.810 to apply for and be
				  issued an Equal Pay Registration Certificate under Section 11 of the Equal Pay
				  Act of 2003 [820 ILCS 112
				  ].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.820 - Enrollment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
business that is authorized to transact business in the State of
				Illinois on or
before
March 23, 2021 shall submit an
enrollment form notifying the Department that the business is subject to
				Section 11 of the Act. A business that becomes authorized to transact business
				in the State of Illinois on or after March 24, 2021 shall submit an enrollment
				form notifying the Department that the business is subject to Section 11 of the
				Act by January 1 of the calendar year immediately following the year in which
				the business becomes authorized to conduct business in the State of Illinois.
				The enrollment form must include designated contact information for the
				business.
b) An enrollment form
				must be submitted via the Department's web-based submission portal found on its
				web site at
https://www2.illinois.gov/idol/Pages/default.aspx
.
c) If the Department determines that a
				business that is not subject to the Act has submitted an enrollment form, the
				Department shall notify the business in writing that the business is not
				required to obtain an Equal Pay Registration Certificate.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.830 - Assignment of Filing Date

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department will assign every business a date by which the business must submit
				an application and a list of the information outlined in Section
				320.840(a) 
				that the business must provide with its application. The filing date shall be
				randomly assigned by the Department. Each business will receive at least 120
				calendar days' notice of the filing date. The application due date is the date
				by which the application must be received by the Department.
b) Once an application filing date is
				assigned by the Department, the business shall be enrolled in the Department's
				web-based portal as a business required to obtain an Equal Pay Registration
				Certificate. The business shall be required to obtain an Equal Pay Registration
				Certificate every two years after the initial due date,
unless the
				business has fewer than 100 employees
on December 31 of the business's
				payroll year.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.850 - Issuance or Rejection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
				45 calendar days after receipt of an application, the Department will issue to
				the business an Equal Pay Registration Certificate or a Statement of Rejection
				stating why the application was rejected.
b) A business has 30 calendar days from the
				date it receives the Statement of Rejection to cure any deficiencies in its
				application that led to the rejection and resubmit the revised application to
				the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.860 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) A business may
				appeal a rejected application under Section 11 of the Act. An appeal shall be
				submitted to the Department in writing within 14 calendar days after a
				Statement of Rejection is received. Appeals may be submitted via email to
				DOL.EPRC.APPEAL@illinois.gov, or mailed to: Illinois Department of Labor, ATTN:
				Con/Med, 160 North LaSalle Street, Suite C-1300, Chicago, Illinois, 60602. The
				request, if mailed, shall be prominently marked REQUEST FOR EPRC APPEAL on both
				the letter and the envelope; or, if emailed, shall contain the subject line
				REQUEST FOR EPRC APPEAL.
b) Within
				30 calendar days after receipt of an appeal, the Department will notify the
				business in writing of the Department's decision on the appeal. If the appeal
				is granted, the Department will issue the business an Equal Pay Registration
				Certificate. If the appeal is denied, the Department will provide the business
				with a notice stating the reason for the denial and a date by which the
				business must submit an amended application to the Department.
c) If the Department denies the appeal, the
				business must submit to the Department an application with all identified
				deficiencies cured. Once that application is received and contains all the
				information required by this Subpart, the Department will issue the business an
				Equal Pay Registration Certificate. The business shall be in violation of the
				Act until all deficiencies in its application are cured and the application is
				approved by the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.870 - Suspension and Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
An Equal Pay Registration Certificate for a business
				  may be suspended or revoked by the
Department
when a
				  business
:
a)
fails to
				make a good faith effort to comply with
the Act, Title VII of the
				Civil Rights Act of 1964 (42
				U.S.C. 2000e), the Equal Pay Act of 1963
				(29 U.S.C.
				206(d)), the Illinois Human
				Rights Act [775 ILCS 5 ], the Equal Wage Act
				[820 ILCS
				110 ], or any other relevant laws.
b)
fails to make a good faith effort
				to comply with
Section 11 of the Act;
or
c) has two or more violations of Section 11
				of the Act or the statutes identified in subsection (a). [820 ILCS
				112/11(e) ] For purposes of this
				subsection, a violation means any final and non-appealable adverse judgment or
				final and non-appealable administrative ruling entered against the business
				since the most recent submission to the Department under this Act.
d) As used in this Section, "good faith
				effort" means demonstrable efforts by the business to promote pay equity and
				combat employment discrimination, including but not limited to, internal
				compensation reviews, staff training, adoption of equal opportunity policies,
				and evidence that such policies were enforced through evaluation,
				investigation, and personnel action.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.875 - Section 11 Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Prior to the suspension or revocation of an Equal Pay Registration Certificate,
				the Department shall initiate an investigation under Section 11(e) of the Act
				to determine whether reasonable cause exists to suspend or revoke to Equal Pay
				Registration Certificate. Such investigations shall be initiated upon the
				Department's reasonable belief that a business's Equal Pay Registration
				Certificate may be suspended or revoked for any of the reasons listed in
				Section 320.870(a) through
				(c).
b) The
Department is authorized
				to
conduct audits,
interview workers, administer oaths, take
				or cause to be taken the depositions of witnesses, and require by subpoena the
				attendance and testimony of witnesses, and the production of personnel and
				compensation information, and all books, records, and other evidence relative
				to the matter under investigation. A subpoena issued under this Section shall
				be signed and issued by the Director.
[820 ILCS
				112/11 ]
c) Within 30 business days after starting the
				investigation, the Department shall provide the business with a written notice
				of investigation stating the reason for the investigation under Section
				320.870(a) through
				(c) and identifying the data in the
				application that merits the investigation. The notice of investigation shall
				provide the business with an opportunity to respond to the notice and present
				any information the business wishes the Department to consider in its
				investigation. The business must submit its response to the Department within
				30 business days after receipt of the notice of investigation.
d) If a business refuses to cooperate during
				the investigation, the Director may either make a finding of reasonable cause
				and suspend or revoke the business's Equal Pay Registration Certificate or
				issue subpoenas to compel the attendance of witnesses or the production of
				documents.
e) The Director may,
				upon request or in the Director's discretion, withhold any witness statement or
				the identity of any witness as confidential.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.880 - Initiation of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A hearing
				pursuant to Section 11(e) and Section 11(i) of the Act shall be initiated upon
				the request of a party after the party has received a written decision of
				notice of suspension or revocation of the certificate or imposition of civil
				penalties. The request must be made in writing and mailed by certified mail or
				delivered in person to the Chief Administrative Law Judge at the Department's
				Chicago office within 20 business days after receipt of the written decision of
				notice of suspension or revocation. The request shall be marked REQUEST FOR
				HEARING UNDER THE EQUAL PAY ACT on both the letter and the envelope.
b) Hearings pursuant to Section 11(e) and
				Section 11(i) of the Act shall be conducted pursuant to the provisions of
				Article 10 of the Illinois Administrative Procedure Act [5 ILCS
				100/Art. 10] and the Department's Rules of Procedure
				in Administrative Hearings (56 Ill. Adm. Code 120).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.890 - Employee Request for Data

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A
				current employee of a business may request anonymized data regarding
that employee's own
job classification or title and the pay for
				that
title or
classification
. [820 ILCS
				112/11(h)(3) ] A request for data
				must be submitted in writing to the Department, and shall include the
				employee's name, date of hire, job title or classification, the dates for which
				the data is being requested, a signed affidavit swearing that the employee
				holds the specified job title at that business, and evidence that the employee
				currently holds the specified job title at that business. Acceptable evidence
				includes, but is not limited to, pay stubs, work schedules, hire letters, work
				ID cards, business cards, and company website listings. The Director may
				require multiple forms of evidence as necessary to demonstrate current
				employment.
b) Upon request and if
				in the possession of the Department, the Department shall provide current and
				historical data from no more than 10 years prior to the date of the request to
				a requesting employee, based on the data timeframe specified in the request for
				employees working in the same county as the requestor.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart A - INTERPRETATIONS › Section 325.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to actions filed with the Department of
				  Labor on or after January 1, 2015 under the Equal Pay Act of 2003 [820 ILCS 112
				  ], if the action also alleges a violation of the Illinois Human Rights Act [775
				  ILCS 5 ]. IDOL will refer these actions to IDHR for investigation pursuant to
				  Section 15(d) of the Equal Pay Act of 2003.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart A - INTERPRETATIONS › Section 325.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall only apply to this
				  Part.
EPA - the Equal Pay Act of 2003 [820 ILCS 112 ].
EPA Complaint - an allegation of a violation of the EPA filed
				  with IDOL.
EPA Complainant - a person who files an EPA Complaint or EPA
				  Referred Complaint.
EPA Referred Complaint - an EPA Complaint that is referred to
				  IDHR pursuant to this Part.
EPA Respondent - an employer against whom an EPA Complaint or
				  EPA Referred Complaint has been filed.
IDHR - Illinois Department of Human Rights.
IDHR Charge of Discrimination - a formalized charge of
				  discrimination that satisfies the requirements of IDHR's 56 Ill. Adm. Code
				  2520.330.
IDOL - Illinois Department of Labor.
IDOL Referral Notice - a Notice from IDOL advising the EPA
				  Complainant and EPA Respondent that:
an EPA Complaint has been received by IDOL and has been
				  referred to IDHR for investigation pursuant to EPA Section 15(d);
IDHR is the State agency responsible for initially
				  investigating the EPA Complaint and that the investigation shall be conducted
				  pursuant to rules and procedures adopted by IDHR;
IDOL retains jurisdiction over the EPA Complaint during
				  IDHR's investigation, but will take no action on the EPA Complaint until IDHR
				  completes its investigation;
IDOL will review IDHR's Investigation Report and any evidence
				  obtained by IDHR and conduct any further investigation, it deems necessary to
				  determine whether a violation of the EPA occurred; and
the EPA Complainant's failure to cooperate with IDHR,
				  including formalizing the IDHR Charge of Discrimination, may result in the
				  dismissal of the EPA Referred Complaint for failure to cooperate.
IHRA - Illinois Human Rights Act [775 ILCS 5 ].
Party - the EPA Complainant or EPA
				  Respondent.