Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart C - PAYMENT OF WAGES OR FINAL COMPENSATION › Section 300.630 - Records and Notice Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Regardless of an employee's status as an exempt administrative employee,
				executive, or professional, every employer shall make and maintain for not less
				than 3 years the following true and accurate records for each employee: name
				and address, hours worked each day in each work week, the rate of pay, copies
				of all notices provided to the employee as required by subsection (d), amount
				paid each pay period, and all deductions made from wages or final compensation.
				Additionally, any employer that provides paid vacation to its employees must
				maintain, for a period of not less than 3 years, true and accurate records of
				the number of vacation days earned for each year and the dates on which
				vacation days were taken and paid.
b) In the absence of employer records, an
				aggrieved employee may not be denied recovery of wages or final compensation on
				the basis that the employee is unable to prove the precise extent of
				uncompensated work or final compensation. An employee need only produce
				sufficient evidence to demonstrate the amount and extent of work or time earned
				as a just and reasonable inference. The employer must then produce evidence of
				the exact amount of work or time earned or produce evidence to negate the
				reasonable inferences drawn from the employee's evidence. The employer's
				failure to make and maintain records as required under subsection (a) shall not
				preclude a finding based on the information available that wages or final
				compensation are due, even though the award may be only approximate.
c) Every employer shall furnish in writing to
				each employee an itemized statement of deductions made from wages for each pay
				period.
d) An employer is required
				to notify an employee in writing, at the time of hiring, of the rate of pay. An
				employee commencing work shall reflect mutual assent to the rate of pay. An
				employer shall not change an agreement regarding the payment of wages and
				compensation without first notifying the employee before the effective date of
				the change. The employer shall place the arrangement in writing at the time of
				the change and present the change to the employee unless impossible to do so.
				Because of extraordinary circumstances, the immediate placement in writing may
				not be able to be accomplished, but this inability to do so must be immediately
				rectified. An employer cannot rely upon an employee's continued employment as
				affirmation that the employee consented to an adverse modification of the
				employee's rate of compensation when the employee was not notified in writing
				of the modification before its effective date. However, when the employee
				continues to work after being notified of a change in writing, the employee
				shall be presumed to have assented to the change, absent evidence to the
				contrary. An employer may not retroactively adversely affect the wages earned
				by an employee. In every employment relationship, it is presumed that the
				employer will pay for all hours worked, as defined in 56 Ill. Adm. Code
				210.110. An employee who has not
				been paid for all hours worked is not presumed because of the employee's
				continuing to work to have assented to work without compensation for the hours
				worked at the agreed rate of compensation or to have assented to the
				non-payment of required or promised overtime pay.
e) The employer shall bear the burden of
				showing that it was not possible to notify the employee in writing, at the time
				of hiring, of the rate of pay and of the time and place of payment. "Rate of
				pay" shall include a description of all wages or final compensation, as defined
				by Section 2 of the Act and this Part.