Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart A - GENERAL PROVISIONS › Section 300.450 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except for the terms set forth in Section 2 of the Act, all
				  other terms used in this Part shall have the meanings set forth in this
				  Section.
"Act" means the Illinois Wage Payment and Collection Act
				  [820 ILCS
				  115 ].
"Administrative Employee" means an employee as defined by
				  29 CFR
				  541 (March 30, 2003).
"Administrative Law Judge" or "ALJ" means an individual
				  authorized by the Department to determine the merits of claims alleging
				  violations of the Act.
"Aggrieved Employee" means an employee whom the Department
				  has determined through investigation is owed wages or compensation from an
				  employer or other respondent, regardless of whether the employee has filed a
				  claim with the Department.
"Agreement" means the manifestation of mutual assent on the
				  part of two or more persons. An agreement is broader than a contract and an
				  exchange of promises or an exchange is not required for an agreement to be in
				  effect. An agreement may be reached by the parties without the formalities and
				  accompanying legal protections of a contract and may be manifested by words or
				  by any other conduct, such as past practice. Company policies and policies in a
				  handbook create an agreement even when the handbook or policy contains a
				  general disclaimer such as a provision disclaiming the handbook from being an
				  employment contract, a guarantee of employment, or an enforceable contract.
				  While a disclaimer may preclude a contract from being in effect, it does not
				  preclude an agreement by two or more persons regarding terms set forth in the
				  handbook relating to compensation to which both have otherwise assented. An
				  agreement exists even if does not include a specific guarantee as to the
				  duration of the agreement or even if one or either party reserves the right to
				  change the terms of the agreement.
"Claim" means a signed application alleging a violation of
				  the Act, accompanied by supporting documentation required by the
				  Department.
"Claimant" means any person who submits a claim.
"Compensation" means remuneration or compensation an employee
				  receives in return for services rendered to an employer. The remuneration for
				  services rendered includes hourly wages, overtime wages, commissions, piece
				  rate work, salary, bonuses, expense reimbursements, or any other basis of
				  calculation for services performed. Compensation does not include future wages
				  to be paid under to a terminated employment contract.
"Day" means a calendar day.
"Department" means the Illinois Department of Labor, its
				  Director, and the Director's authorized representatives.
"Executive Employee" means an employee as defined by
				  29 CFR
				  541 (March 30, 2003).
"Location readily available" means a location within
				  reasonable proximity to an employee's home or place of work that can be easily
				  accessed.
"Other Representative" means any person with a direct
				  relationship to the party, who is not an attorney or legal representative, who
				  can address the substance of the claim, including a spouse, relative, or friend
				  who can provide further clarification on the issues being considered or assist
				  with translation for the party the person represents.
"Party" means a claimant and any respondent or other named
				  entity whose payment of wages or final compensation is in question.
"Professional Employee" means an employee as defined by
				  29 CFR
				  541 (March 30, 2003).