reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.445 - Equal Pay for Equal Work

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a day or
				temporary laborer is assigned to work for a third party client, then the day or
				temporary laborer shall be paid at the same, or greater, rate of pay and
				receive the equivalent benefits as a directly hired employee of the third party
				client, under the following conditions:
1)
				After August 4, 2023, the effective date of House Bill 2862 of the 103rd
				General Assembly, the day or temporary laborer is assigned to work for the
				third party client for more than 90 calendar days within any 12-month period,
				whether consecutively or intermittently; and
2) The rate of pay and equivalent benefits
				shall be the same, or greater, than the lowest paid directly hired employee
				with the same level of seniority at the third party client and performing the
				same or substantially similar work on jobs, the performance of which requires
				substantially similar skill, effort, and responsibility, and which are
				performed under similar working conditions.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.450 - Wage Payment and Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the time of
				payment of wages, a day and temporary labor service agency shall provide the
				following information on the day or temporary laborer's paycheck or on a form
				approved by the Department:
1) the name,
				address, and telephone number of each third party client at which the day and
				temporary laborer worked;
2) the
				number of hours worked by the day or temporary laborer at each third party
				client each day during the pay period. If the day or temporary laborer is
				assigned to work at the same work site of the same third party client for
				multiple days in the same work week, the day and temporary laborer service
				agency may record a summary of hours worked at that third party client's
				worksite so long as the first and last day of that work week are identified as
				well;
3) the rate of payment for
				each hour worked, including any premium rate or bonus;
4) the total pay period earnings;
5) all deductions made from the day or
				temporary laborer's compensation made either by the third party client or by
				the day and temporary labor service agency, and the purpose for which
				deductions were made, including the day and temporary laborer's food,
				equipment, withheld income tax, withheld social security payments, and every
				other deduction [820
				ILCS 175/30(a) ]; and
6) if using codes on the day or temporary
				laborer's paycheck stub to identify third party clients, the legend or
				explanation sheet for the code or codes that correlate to where the day or
				temporary laborer worked shall be made immediately available to the day or
				temporary laborer upon request and during normal business hours.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.460 - Deductions from Wages

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided in Section 9 of the Illinois Wage Payment
				  and Collection Act, no deductions from wages shall be made unless the day or
				  temporary laborer provides express written authorization for a deduction given
				  freely at the time the deduction is made in accordance with Section 9 of the
				  Illinois Wage Payment and Collection Act [820 ILCS
				  115/9 ], the Act and this Part. Deductions may not
				  cause a day or temporary laborer's hourly rate to fall below the State or
				  federal minimum wage. The Department shall provide a form to be used for all
				  deductions made under the Act and this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.470 - Placement Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) A day and
				temporary labor service agency may charge a placement fee to a third party
				client who employs a day and temporary laborer for whom a contract for work was
				effected by the agency. The fee shall not exceed the total daily commission
				rate the agency would have received over a 60 day period reduced by the total
				amount of the daily commission rate the agency has received each day the day or
				temporary laborer has performed work for the agency in the preceding 12
				months.
b) Days worked at the
				agency in the 12 months prior to January 1, 2006 shall be included for purposes
				of calculating the maximum placement fee.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.480 - Public Access Area

Current through Register Vol. 48, No. 28, July 12, 2024
A day and temporary labor service agency shall provide
				  adequate seating in the public access area of the offices of the agency. The
				  public access area shall allow for access to restrooms and suitable drinking
				  water. (See
				  820 ILCS
				  175/35.)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.490 - Postings

Current through Register Vol. 48, No. 28, July 12, 2024
A day and temporary labor service agency shall post and keep
				  posted at each location, in the public access area, easily accessible to all
				  employees, notices as supplied and required by the Department containing a copy
				  or summary of the provisions of the Act and a toll-free telephone number for
				  day or temporary laborers and the public to file wage dispute complaints and
				  other alleged violations by day and temporary labor service agencies. The
				  public access area shall also be the location for any other State or federally
				  mandated posting. (See
				  820 ILCS
				  175/35.)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.495 - Liability Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
Any day and temporary labor service agency that provides
				  transportation, as provided in Section 20 of the Act or this Part, to a day or
				  temporary laborer to transport the laborer to a work site shall be required to
				  notify the Department if the insurance policy is cancelled. The day and
				  temporary labor service agency shall ensure that the insurance company provides
				  the Department notice of cancellation of the insurance.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.497 - Workers' Compensation Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
Valid workers' compensation insurance covering all day or
				  temporary laborers shall be in effect at the time of and for the duration of
				  the registration period. The day and temporary labor service agency shall have
				  an affirmative duty to report any lapse of coverage to the Department.
It shall also be required that the day and temporary labor
				  service agency ensure that the insurance
company provide the Department notice of cancellation of the
				  insurance.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart E - DUTIES AND RESPONSIBILITIES OF THIRD PARTY CLIENTS › Section 260.500 - Wage Payments and Legal Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
All wage payments must be in compliance with all laws
				  relating to wages contained in 820 ILCS. Third party clients that contract with
				  day and temporary labor service agencies for the services of day or temporary
				  laborers shall share with the day and temporary labor service agency all legal
				  liability and responsibility for the payment of wages.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart E - DUTIES AND RESPONSIBILITIES OF THIRD PARTY CLIENTS › Section 260.510 - Verification of Registration

Current through Register Vol. 48, No. 28, July 12, 2024
Third party clients have a duty to verify that a day and
				  temporary labor service agency is registered with the Department before
				  entering into a contract with the agency, and again on March 1 and September 1
				  of each year. Third party clients may verify that an agency is registered by
				  consulting the Department's website.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart E - DUTIES AND RESPONSIBILITIES OF THIRD PARTY CLIENTS › Section 260.520 - Work Verification Form

Current through Register Vol. 48, No. 28, July 12, 2024
For each day or temporary laborer who is contracted to work a
				  single day, the third party client shall provide the day or temporary laborer
				  with a work verification form at the end of the work day. The form shall be
				  provided by or approved by the Department and shall contain the date, the name
				  of the day or temporary laborer, the work location and the hours worked on that
				  day. (See
				  820
				  ILCS 175/30 (a-1).)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart E - DUTIES AND RESPONSIBILITIES OF THIRD PARTY CLIENTS › Section 260.530 - Safety Hazard Disclosure to Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Prior to
				a day and temporary labor service agency assigning or dispatching a day or
				temporary laborer to a worksite, the third-party company must notify the agency
				of all of the client's safety and health practices and disclose all known
				hazards at the actual location where the day or temporary laborer will be
				working in order
for the day and temporary labor service agency
to assess the safety conditions, worker's tasks, and the company's
				safety program;
[820 ILCS 175/85 ]
b)
If the day
and
temporary labor service agency becomes aware of an additional safety or
				health practice, or hazard at the actual worksite, then the agency shall notify
				the third-party company as soon as possible.
c)
No day or temporary laborer shall
				be asked to work at a worksite with a job hazard known by the day and temporary
				labor service agency unless the job hazard has been fixed or addressed by the
				third party client prior to assignment.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart E - DUTIES AND RESPONSIBILITIES OF THIRD PARTY CLIENTS › Section 260.540 - Labor Dispute Disclosure to Agency

Current through Register Vol. 48, No. 28, July 12, 2024
A third party client must notify a day and temporary labor
				  service agency if a strike, lockout, or other labor dispute exists at the
				  location where the agency is dispatching day or temporary
				  laborers.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart E - DUTIES AND RESPONSIBILITIES OF THIRD PARTY CLIENTS › Section 260.550 - Recordkeeping Responsibilities for Third Party Clients

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to the Act, third party clients shall keep the
				  following records available for inspection by the Department during regular
				  business hours at every location where day or temporary laborers are sent to
				  work:
a) all records related to all
				known safety hazards, including documentation of steps taken to mitigate or
				control the hazards; and
b) records
				relating to compensation of directly hired employees for comparison purposes
				necessary for compliance with Sections
				260.445 and
				260.505.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart F - SUSPENSION, REVOCATION, DENIAL OF REGISTRATION, AND HEARINGS › Section 260.600 - Suspension, Revocation, or Denial

Current through Register Vol. 48, No. 28, July 12, 2024
The registration of a day and temporary labor service agency
				  with the Department shall be suspended, revoked or denied for, but not limited
				  to, any of the following reasons:
a) A
				violation of, or failure to comply with, any provision of the Act or of this
				Part;
b) Knowingly making any
				misrepresentation or false statement in connection with an application for, or
				renewal of, a registration of a day and temporary labor service agency with the
				Department; or
c) For any conduct
				or practice found, as a result of an administrative hearing, to be detrimental
				to public health and safety.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart F - SUSPENSION, REVOCATION, DENIAL OF REGISTRATION, AND HEARINGS › Section 260.610 - Initiation of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A hearing
				shall be initiated upon the request of a party after the party has received a
				written decision of a violation of the Act or this Part. The request must be
				made in writing and mailed by certified mail or delivered in person to the
				Department within 10 working days after receipt after the written decision of a
				violation.
b) Hearings 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 270 - STATE CONSTRUCTION MINORITY AND FEMALE BUILDING TRADES ACT › Subpart A - GENERAL PROVISIONS › Section 270.100 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
It is the purpose of this Part to prescribe rules outlining
				  the procedures for submission of apprenticeship reports under the State
				  Construction Minority and Female Building Trades Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 270 - STATE CONSTRUCTION MINORITY AND FEMALE BUILDING TRADES ACT › Subpart A - GENERAL PROVISIONS › Section 270.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Apprenticeship Report" means a report compiled by a labor
				  organization or other entity that includes information regarding minority
				  participation in the labor organization's or other entity's apprenticeship
				  program.
"Act" means the State Construction Minority and Female
				  Building Trades Act [30 ILCS 577 /Art. 35].
"Construction" means any constructing, altering,
				  reconstructing, repairing, rehabilitating, refinishing, refurbishing,
				  remodeling, remediating, renovating, custom fabricating, maintenance,
				  landscaping, improving, wrecking, painting, decorating, demolishing, and adding
				  to or subtracting from any building, structure, highway, roadway, street,
				  bridge, alley, sewer, ditch, sewage disposal plant, water works, parking
				  facility, railroad, excavation or other structure, project, development, real
				  property or improvement, or to do any part thereof, whether or not the
				  performance of the work herein described involves the addition to, or
				  fabrication into, any structure, project, development, real property or
				  improvement herein described of any material or article of merchandise.
				  Construction shall also include moving construction related materials on the
				  job site or to or from the job site. (Section 35-5 of the Act)
"Department" means the Illinois Department of Labor.
"Labor Organization or Other Entity" means, for purposes of
				  this Part, an organization or entity in Illinois with one or more
				  apprenticeship programs for construction trades, whether or not recognized and
				  certified by the United States Department of Labor, Bureau of Apprenticeship
				  and Training.
"Under-represented Minority" means African-American,
				  Hispanic, and Asian-American as those terms are defined in the Business
				  Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS
				  575 ]. (Section 35-5 of the Act)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 270 - STATE CONSTRUCTION MINORITY AND FEMALE BUILDING TRADES ACT › Subpart B - SUBMISSION OF REPORTS › Section 270.200 - Contents and Filing of a Report

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				By January 15 of each year, each labor organization or other entity must submit
				an apprenticeship report to the Illinois Department of Labor regarding all
				individuals participating in its construction apprenticeship program.
b) The apprenticeship report must include the
				following information on apprentices in the apprenticeship program of that
				labor organization or other entity during the preceding calendar year:
1) the official name of the apprenticeship
				program;
2) contact information for
				an authorized representative of the apprenticeship program, including name,
				address, phone number and email address;
3) a verification statement that the records
				are true and accurate; and
4) the
				race, gender, ethnicity and national origin for each apprentice in the
				program.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart A - GENERAL PROVISIONS › Section 280.100 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to complaints arising under the
				  Victims' Economic Security and Safety Act [820 ILCS 180 ]. The purpose of the
				  Act is:
a) to allow employees who are
				victims
of domestic violence, sexual violence, gender violence, or any
				other crime of violence, or who
have
a family or household
				member who is a victim of domestic violence, sexual violence, gender violence,
				or any other crime of violence whose interests are not adverse to the employee
				as it relates to the domestic violence, sexual violence, gender violence, or
				any other crime of violence to take unpaid
job-protected
leave
				if the employee or the employee's family or household member is experiencing an
				incident of domestic violence, sexual violence, gender violence, or any other
				crime of violence or to seek medical attention for or to address the incident
				of domestic violence, sexual violence, gender violence, or any other crime of
				violence by recovering from physical or psychological injuries; obtaining
				services from a victim services organization; obtaining counseling;
				participating in safety planning; temporarily or permanently relocating;
				seeking legal assistance; preparing for or participating in any legal
				proceeding related to or derived from domestic violence, sexual violence,
				gender violence, or any other crime of violence; or taking other actions to
				ensure the health, safety, or economic security of the employee or employee's
				family or household member
;
b) to prohibit employers from discriminating
				against employees who are victims of
domestic violence, sexual
				violence, gender violence, or any other crime of violence or who
have
a family or household member who is a victim of domestic violence,
				sexual violence, gender violence, or any other crime of violence.
[820
				ILCS 180/20(a)(3) ]; and
c) to require employers to provide reasonable
				accommodations in a timely manner to employees who are victims of domestic
				violence, sexual violence, gender violence, or any other crime of violence or
				who have a family or household member who is a victim of domestic violence,
				sexual violence, gender violence, or any other crime of violence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart A - GENERAL PROVISIONS › Section 280.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Victims' Economic Security and Safety Act
				  (VESSA) [820 ILCS 180 ].
"Certification", as used in Section 20(c) of the Act, means
a
signed, written
statement of
an
employee
certifying to the employee's employer that:
the employee or the employee's family or household
				  member is a victim of domestic violence, sexual violence, gender violence, or
				  any other crime of violence; and
the leave is for one of the purposes enumerated
				  in
Section 20(a)(1) of the Act. [820
				  ILCS 180/20(c)(2) ]
If the employee possesses documentation, records, or other
				  corroborating evidence to support the certified statement, the employee shall
				  provide at least one such supporting document to the employer. The employer
				  cannot require the employee or the employee's family or household member to
				  obtain any documentation, records, or other corroborating evidence that is not
				  in the employee's possession.
The employee shall choose which document
				  to submit, and the employer shall not request or require more than one document
				  to be submitted during the same 12-month period leave is requested or taken if
				  the reason for leave is related to the same incident or incidents of violence
				  or the same perpetrator or perpetrators of the violence
.
"Complaint" means an allegation of a violation of the Act
				  filed with the Department.
"Complainant" means a person who files a complaint.
"Department" means the Illinois Department of Labor or a duly
				  authorized representative.
"Director" means the Director of the Illinois Department of
				  Labor or the Director's designee.
"Employee" means any person suffered or permitted to work by
				  an employer, including on a full-time or part-time basis or as a participant in
				  a work assignment as a condition of receipt of federal or State income-based
				  public assistance.
"Employer" means
the State or any agency of the State;
any unit of local government or school district; or
any person that employs at least one employee.
Evidence that may be submitted to support a certified
				  statement means the following:
documentation from an employee, agent, or volunteer
				  of a victim services organization, an attorney, a member of the clergy, or a
				  medical or other professional from whom the employee or the employee's family
				  or household member has sought assistance in addressing domestic violence,
				  sexual violence, gender violence, or any other crime of violence and the
				  effects of the violence;
a police or court record; or
other corroborating evidence.
[820
				  ILCS 180/20(c)(2) ]
"FMLA" means the federal Family and Medical Leave Act of 1993
				  (29 U.S.C.
				  2601 et seq.).
"Public hearing" means a formal administrative hearing
				  conducted pursuant to 56 Ill. Adm. Code 120.
"Respondent" means an employer against whom a complaint is
				  filed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart A - GENERAL PROVISIONS › Section 280.120 - Application of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				individuals, regardless of gender, have equal protection under the
				Act.
b) The Department will
				investigate a complaint when:
1) The complaint
				concerns work performed within the State of Illinois, but not when the
				complaint concerns sporadic work performed in the State of Illinois for an
				employer located outside of Illinois.
2) The complaint concerns work performed
				outside the State of Illinois if the specified employer is located within the
				State of Illinois or the contract for hire was entered into in the State of
				Illinois, but not when the complaint is filed by an employee whose permanent
				work station was outside the State of Illinois and who performed a substantial
				portion of the employee's duties outside the State of Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart A - GENERAL PROVISIONS › Section 280.130 - 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 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart A - GENERAL PROVISIONS › Section 280.140 - Records Retention and Release

Current through Register Vol. 48, No. 28, July 12, 2024
a) Employers must maintain records that
				contain the following:
1) Name, address, and
				occupation of each employee; rate or basis of pay, terms of compensation; daily
				and weekly hours worked per pay period; additions to or deductions from wages;
				and total compensation paid each pay period.
2) All dates leave under the Act is used by
				each employee shall be designated in the records as such leave. If leave is
				taken in increments of less than one full day and the number of hours taken
				must be recorded.
3) Copies of
				"employee requests", if in writing, for leave under the Act, with any
				attachments, furnished to the employer.
4) Copies of any written notices regarding
				the Act given to employees.
5) Any
				documents describing employee benefits or employer policies and practices
				regarding the taking of paid and unpaid leaves.
6) Any employer that provides any paid time
				off, including, without limitation, vacation, sick or personal leave, to its
				employees must maintain true and accurate records of the paid time off earned
				for each year and the dates on which paid time off was taken or paid.
7) Records of any dispute between the
				employer and an employee regarding designation of leave under the Act,
				including any written documents from the employer or employee stating the
				reasons for the designation and for the disagreement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart B - COMPLAINT › Section 280.200 - Persons Who May File a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
An employee, or representative of employees, who believes his
				  or her rights under this Act have been violated may file a complaint with the
				  Department requesting a review of the alleged violation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart B - COMPLAINT › Section 280.210 - Requirements for Filing a Complaint

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. This form can be found at
https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/vessa.aspx
.
				Such form shall name the respondent, shall be signed by the complainant and
				shall be accurately completed alleging the violation of the Act being reported.
				The form may have attached copies of all supporting documentation.
b) All complaints and amendments to any
				complaint shall be delivered, by U.S. mail or personal delivery, to the
				Department's Chicago office at 160 N. LaSalle St., Suite C-1300, Chicago, IL
				60601, or submitted electronically to the Department at
				dol.questions@illinois.gov, within three years after the alleged violation of
				the Act occurred. The complaint shall be deemed filed as of the date it is
				postmarked on the envelope if sent via U.S. mail or date stamped as received by
				the Department if submitted by personal delivery or electronic means.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart B - COMPLAINT › Section 280.220 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
Where a complainant requests confidentiality, the Department
				  will advise the complainant of the need to reveal the complainant's identity so
				  that the Department can conduct its investigation. In such cases, the
				  Department will allow the complainant an opportunity to withdraw the complaint
				  pursuant to Section
				  280.300
				  before notification of the complainant's identity is given to a
				  respondent.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart B - COMPLAINT › Section 280.230 - Incomplete Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department receives a complaint from an individual
				  that complies substantially with Section
				  280.210
				  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 is unavailable or unwilling, without good cause,
				  to perfect the complaint within 30 calendar days, the Department may make a
				  finding of a failure to cooperate or may deem there to be a waiver of all
				  proceedings before the Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart B - COMPLAINT › Section 280.240 - Amendment of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				complaint may be amended, prior to a determination under Section
				280.410:
1) to cure technical defects;
2) to set forth additional facts or
				allegations related to the subject matter of the original complaint if, at the
				time of the amendment, a separate complaint could have been timely filed under
				Section
				280.210;
3) to substitute or name additional
				respondents;
4) to add an
				additional issue if, at the time of the amendment, the added respondent knew,
				or should have known or had reason to know, of the additional issue.
The amendment shall relate back to the original filing
				  date.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart C - PROCEDURE IMMEDIATELY AFTER COMPLAINT › Section 280.300 - Withdrawal, Settlement, Waiver and Consents

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complaint may be voluntarily withdrawn
				at any time.
b) Complainant and a
				respondent may settle at any time.
c) Any party may waive a public hearing at
				any time after the time for filing a response has passed.
d) At any time, the parties may enter into a
				consent decree under 56 Ill. Adm. Code
				120.540.
e) Any withdrawal, settlement or consent
				decree will not affect the processing of a complaint made by any other
				complainant, the allegations of which are similar or related to the individual
				allegations settled.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart C - PROCEDURE IMMEDIATELY AFTER COMPLAINT › Section 280.310 - Presentation of Parties' Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the time of filing of the complaint,
				the Department may 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 denied. Upon the specific request
				of either of the parties, or on its own motion, the Department may recommend to
				the Director the denial of the complaint. All parties shall be notified of the
				denial of the complaint pursuant to the Administrative Procedures
				Act.
c) If the Department
				determines jurisdiction appears to exist, the Department shall promptly serve
				upon each respondent a copy of the complaint with a written notice setting
				forth the rights and obligations of the parties. The notice shall be served by
				U.S. regular mail.
d) Each
				respondent must remit a written response to the complaint within 21 calendar
				days after the date the Department forwarded the complaint. The response shall
				be signed by a duly authorized individual representative and shall include a
				complete, accurate and responsive explanation to the claim necessary and
				appropriate to the Department's investigation, specifying any defenses and any
				disputed and undisputed facts. If a respondent relied on any record for the
				response, the respondent shall submit a copy of that record. Failure, without
				good cause, of a respondent to submit an appropriate response to the Department
				may result in a finding of a failure to cooperate with the
				Department.
e) Upon receipt of a
				respondent's response, the Department is to forward the response to the
				complainant. Complainant shall submit a rebuttal to the Department within 21
				calendar days after the date the Department forwarded the response of the
				respondent. Failure, without good cause, of the complainant to submit timely a
				rebuttal to the Department may result in a finding of a failure to cooperate or
				may be deemed to be a waiver of all proceedings before the Director and will
				permit a final order denying the complaint.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart D - ADMINISTRATIVE CASE REVIEW › Section 280.400 - Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				may conduct an investigation to ascertain the facts relating to the violation
				alleged in the complaint, to determine whether reasonable cause exists to
				believe a violation of the Act has occurred and to determine whether the issues
				may be resolved between the parties. The investigation may be in person or by
				telephone and may include written or oral inquiry, field visit or any method or
				combination of methods deemed suitable in the discretion of the Department. The
				Department will limit its investigation to reviewing up to three years prior to
				the date the complaint was filed, but in no case shall review occur prior to
				the effective date of the Act, August 25, 2003.
b) The parties must cooperate fully with the
				Department at all times as provided for in this Part. Such cooperation shall
				include without limitation:
1) promptly
				providing the Department with a notice of address or telephone change or any
				prolonged absence from the current address so that the parties can be
				located;
2) providing necessary
				information and being available for interviews, conferences and hearings upon
				reasonable notice or request by the Department. If the parties cannot be
				located or do not respond to reasonable requests by the Department, without
				good cause, such action may result in a finding of a failure to cooperate with
				the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart D - ADMINISTRATIVE CASE REVIEW › Section 280.410 - Decision by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) At
				the conclusion of an investigation, the Department must make, in writing, at
				least one of the following determinations:
1)
				Reasonable Cause. If the Department determines that there is reasonable cause
				that a violation of the Act has occurred, it may seek a Consent Order, executed
				by both parties and the Department, that abates the unlawful practice and
				provides appropriate relief to the complainant.
2) No Reasonable Cause.
3) Whether any party has failed to cooperate
				with the Department and any appropriate recommendation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart D - ADMINISTRATIVE CASE REVIEW › Section 280.420 - Enforcement Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director may require reasonable evidence that a respondent is in full or
				substantial compliance with any order.
b) If a respondent does not voluntarily
				comply with any discovery (including depositions or subpoenas) or other order
				of the Department within 21 calendar days, there may be a finding of a failure
				to cooperate and the Director may refer the matter to the Office of the
				Attorney General for enforcement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 280 - VICTIMS' ECONOMIC SECURITY AND SAFETY ACT › Subpart E - FORMAL ADMINISTRATIVE HEARING › Section 280.500 - Procedures in Formal Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Upon referral of a matter for formal administrative hearing,
				  the parties and the Department shall comply with this Part, all 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 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart A - GENERAL PROVISIONS › Section 300.440 - Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will review a claim for wages or final
				  compensation and determine whether the Department can assert jurisdiction over
				  the claim.
a) The phrase "in this
				State" as used in the Act does not exclude entities physically situated outside
				the State of Illinois. An employer or employee, to be "in this State", need not
				have residency in this State. An officer or agent need not be physically
				present in order to be regarded as "in this State" for purposes of jurisdiction
				under the Act.
b) The Department
				will assert jurisdiction over a claim when the work was performed in Illinois
				for an Illinois employer, regardless of where the employee resides.
c) The Department will assert jurisdiction
				over a claim when the work was performed in Illinois for an employer that may
				have residency outside the State if the employer has sufficient contacts in the
				State, such as performing substantial business in the State, maintaining a
				principal place of business in the State, marketing its services in the State
				or maintaining a registered agent within the State.
d) If the work is performed outside the State
				of Illinois, the employer must be located in Illinois in order for the
				Department to assert jurisdiction over the claim.
e) The Department will exercise personal
				jurisdiction over a nonresident individual when the person is an officer,
				director or agent of a corporation organized under Illinois law having a
				principal place of business or presence in the State and when there are
				sufficient contacts within the State.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart A - GENERAL PROVISIONS › Section 300.460 - Independent Contractor Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All three conditions enumerated in Section 2 of the Act must be satisfied for
				the independent contractor exemption to apply. For purposes of Section 2 of the
				Act:
1) "Control" means the existence of
				general control or right to general control, even though the details of work
				are left to an individual's judgment.
2) "An independently established trade,
				occupation, profession or business" means the individual performing the
				services has a proprietary interest in such business, to the extent that he/she
				operates the business without hindrance from any other person and, as the
				enterprise's owner, may sell or otherwise transfer the business.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart B - WAGES OR FINAL COMPENSATION › Section 300.500 - Earned Bonuses

Current through Register Vol. 48, No. 28, July 12, 2024
A bonus is compensation given in addition to the required
				  compensation for services performed. The Department does not maintain
				  jurisdiction over discretionary or gratuitous bonuses. In order to receive
				  compensation under the Act, the bonus must be earned.
a) An employee has a right to an earned bonus
				when there is an unequivocal promise by the employer and the employee has
				performed the requirements set forth in the bonus agreement between the parties
				and all of the required conditions for receiving the bonus set forth in the
				bonus agreement have been met. Unless one of the conditions for the bonus is
				that the employee be on the payroll at the time of the bonus payout, the bonus
				is due and owing to the employee at the time of separation.
b) A former employee shall be entitled to a
				proportionate share of a bonus earned by length of service, regardless of any
				provision in the contract or agreement conditioning payment of the bonus upon
				employment on a particular date, when the employment relationship was
				terminated by mutual consent of the parties or by an act of the employer
				through no fault of the former employee.
c) A gratuitous bonus does not obligate the
				employee to do or forgo something in return for the bonus and the employee has
				no right to make a demand for the bonus.
d) A discretionary bonus is when the terms
				associated with the earning of the bonus are indefinite or uncertain, such as
				bonus being upon a positive evaluation of the "employee's performance" and not
				when the earning of a bonus is based on objective factors such as length of
				service, attendance or sign-on or relocation incentives.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart B - WAGES OR FINAL COMPENSATION › Section 300.510 - Earned Commissions

Current through Register Vol. 48, No. 28, July 12, 2024
A commission is the compensation for services performed
				  pursuant to an employment contract or agreement between the two parties. In
				  order to be entitled to receive compensation for a commission under the Act,
				  the commission must be earned under the terms of the agreement or
				  contract.
a) A separated employee has
				a right to an earned commission when the conditions regarding entitlement to
				the commission have been satisfied , notwithstanding the fact that, due to the
				employee's separation from employment, the sale or other transaction was
				consummated by the principal personally or through another agent.
b) When the employer and employee agree that
				the employee is to be paid a commission on the basis of a particular sale, and
				the sale is subsequently voided, the employer may deduct from the employee's
				wages or final compensation the amount of the commission previously paid on
				that particular sale.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart B - WAGES OR FINAL COMPENSATION › Section 300.520 - Earned Vacations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever
				an employment contract or an employment policy provides for paid vacation
				earned by length of service, vacation time is earned pro rata as the employee
				renders service to the employer.
b)
				Oral promises, handbooks, memoranda, and uniform patterns of practice may
				create a duty to pay the monetary equivalent of earned vacation.
c) Claims for vacation pay must be brought to
				the Department within 3 years from the date the vacation is earned.
d) Nothing in this Section shall be construed
				to reduce or impair the right of the claimant to maintain a civil action to
				recover additional vacation pay found due by a court.
e) An employment contract or an employer's
				policy may require an employee to take vacation by a certain date or lose the
				vacation, provided that the employee is given a reasonable opportunity to take
				the vacation. The employer must demonstrate that the employee had notice of the
				contract or policy provision.
f)
				The Department recognizes policies under which:
1) no vacation is earned during a limited
				period at the commencement of employment. The employer must demonstrate that
				the policy is not a subterfuge to avoid payment of vacation actually earned by
				length of service and, in fact, no vacation is implicitly earned or accrued
				during that period.
2) vacation is
				earned and accrues at an accelerating rate during the year. The policy is
				acceptable when the acceleration period and the changes in accrual rates are
				reasonable, and the policy is uniformly applied.
3) the employer does not have separate
				arrangements for vacation and sick leave. Under the policy, employees earn a
				certain amount of "paid time off" that they can use for any purpose, including
				vacation and sick leave. Because employees have an absolute right to take this
				time off (unlike traditional sick leave in which using sick leave is contingent
				upon illness), the Department will treat "paid time off" as earned vacation
				days.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart B - WAGES OR FINAL COMPENSATION › Section 300.530 - Severance

Current through Register Vol. 48, No. 28, July 12, 2024
Severance is a payment that an employee is entitled to be
				  paid upon separation from employment pursuant to an agreement between the
				  parties or established practice of the employer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart B - WAGES OR FINAL COMPENSATION › Section 300.540 - Reimbursement of Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Primary
				Benefit to the Employer
1) When determining if
				an expense is to the primary benefit of the employer, the relevant factors are:
A) Whether the employee has any expectation
				of reimbursement;
B) Whether the
				expense is required or necessary to perform the employee's job
				duties;
C) Whether the employer is
				receiving a value that it would otherwise need to pay for;
D) How long the employer is receiving the
				benefit; and
E) Whether the expense
				is required of the job.