reglab/statecodes huggingface dataset:
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 300.600 - Payment of Wages

Current through Register Vol. 48, No. 28, July 12, 2024
a) All wages
				owed to an employee shall be paid at the discretion of the employer, in lawful
				money of the United States, by a check redeemable only upon demand and without
				discount at a bank or other financial institution readily available to the
				employee, or at the discretion of the employee, by an employee's voluntary
				acceptance of direct deposit of funds in any bank or other financial
				institution designated by the employee, or by an employee's voluntary
				acceptance of a payroll card authorized by Section
				14.5 of the Act and
				that meets the requirements of that Section. An employer is not permitted to
				offer employees only the choice between two voluntary methods of payment.
				Because payment by either payroll card or direct deposit must be voluntary, an
				employer offering either or both of these payment methods must also provide an
				additional choice of payment by cash or check, in accordance with Section 4 of
				the Act. Notwithstanding the method of payment, the employer must provide the
				employee with a written receipt that shows hours worked, rate of pay, overtime
				pay and overtime hours, gross wages, an itemization of all deductions, wages
				and deductions year to date. When an employer offers to any of its employees
				alternative options for receipt of payment of wages, all employees must be
				afforded the same options. When an employer elects to pay employees in cash,
				the employer must obtain signed receipts from the employee indicating date of
				payment and amount received.
b) An
				employer shall not require an employee to enroll in a direct deposit
				arrangement or make payment of wages or final compensation by direct deposit
				unless the employee voluntarily accepts this form of payment and voluntarily
				designates a bank or a financial institution, and an employer shall not require
				an employee to accept a payroll card as payment of wages, unless the employer
				obtains the employee's voluntary written or electronic consent to receive wages
				by payroll card. It is not voluntary in fact if the employee is given to
				understand, or led to believe, that it is a condition for hire or maintenance
				of his or her present working conditions, or if continuance of his or her
				employment would be adversely affected by non-acceptance.
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 300.610 - Gratuitous Payments at Separation

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall apply any gratuitous payments made by an
				  employer to an employee upon separation against any final compensation which
				  the employer is obligated to pay. As used herein, a gratuitous payment is money
				  given by an employer to an employee that does not arise out of a contract or
				  agreement between the parties or an employment policy.
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 300.620 - Individual Liability of Officers, Agents, or Other Persons

Current through Register Vol. 48, No. 28, July 12, 2024
a) As a result of
				PA 96-1407, any person, including corporate officers, agents, or any person who
				acts directly or indirectly in the interest of an employer in relation to an
				employee is an employer under Section 2 of the Act and may be held individually
				liable for wages and final compensation. For example, any person, including
				corporate officers and agents, acting directly or indirectly in the interest of
				an employer, includes, but is not limited to, actions such as being a signatory
				to an employment or union contract, or otherwise maintaining a decision-making
				role with regards to employment decisions or payment of employees. In
				evaluating whether any person, including officers and agents, are individually
				liable under the Act, the "economic realities test" is the appropriate standard
				and, although no one factor is dispositive, the relevant inquiry is whether the
				person:
1) held a significant ownership
				interest in the corporation or entity;
2) exercised operational control over
				significant aspects of the corporation's or entity's day-to-day functions,
				including the compensation of employees, or had supervisory authority over
				employees and was responsible in whole or in part for the alleged violation;
				and
3) was personally involved in
				the decision to continue operations despite financial adversity during the
				period of nonpayment.
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 300.640 - Refusal to Pay Wages or Final Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The duty to pay wages or final
				compensation arises out of a contract of employment, an employment policy, or
				an agreement between the parties. The Department will make a determination in
				accordance with Subpart F or G as to whether the duty to pay exists.
b) An employer doing business at the time the
				duty to pay wages or final compensation arises is presumed to have the ability
				to pay.
c) A willful refusal to pay
				is a voluntary, conscious and intentional act. An employer who subordinates the
				wage claims of employees to the claims of other creditors has willfully refused
				to pay wages or final compensation, in violation of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.700 - Scope of Subpart D

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Subpart shall be construed to permit an
				  employer to violate the provisions of the Minimum Wage Law [820 ILCS 105 ] or
				  the Fair Labor Standards Act of 1938, as amended (
				  29
				  USC 201 et seq.).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.710 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The employer shall bear the burden of establishing the
				  applicability of any claimed exception to Section 9 of the
				  Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.720 - Written Agreement Authorizing Deductions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any written agreement between employer and
				employee permitting or authorizing deductions from wages or final compensation
				must be given freely at the time the deduction is made. In the case of cash
				advances, the agreement may be made either at the time of the deduction or at
				the time of the advance itself.
b)
				When a deduction is to continue over a defined duration of time and the written
				agreement provides for that defined duration of time and provides for the same
				amount of deduction each pay period, the agreement shall be considered to be
				given freely at the time the deduction is made. No agreements for a defined
				duration of time shall last longer than six months.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.730 - Cash or Inventory Shortages

Current through Register Vol. 48, No. 28, July 12, 2024
An employer shall not deduct from an employee's pay or
				  otherwise demand reimbursement from an employee for cash and/or inventory
				  shortages unless the employee's express written consent is given freely at the
				  time the deduction or demand for reimbursement is made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.740 - Failure to Follow Credit Card, Check Cashing, or Accounts Receivable Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
This Part also will apply to shortages incurred as a result
				  of a failure to follow proper credit card, check cashing or accounts receivable
				  procedures.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.750 - Cash Advance Repayment Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
If a cash advance is to be repaid through payroll deductions,
				  both the employer and the employee must sign an agreement specifying the amount
				  of the advance, the repayment schedule, and the method of
				  repayment.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.760 - Advanced Vacation Pay

Current through Register Vol. 48, No. 28, July 12, 2024
If an employer permits an employee to take a vacation that
				  has not yet been earned, and the employee resigns or is terminated, the
				  employer may not deduct the unearned vacation pay from the employee's wages or
				  final compensation without a written agreement as set forth in Sections
				  300.720
				  and
				  300.750.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.770 - Tuition Reimbursement

Current through Register Vol. 48, No. 28, July 12, 2024
If an employer advances payment to or on behalf of the
				  employee for the cost of tuition, textbooks and other expenses of voluntary
				  elective educational courses, the employer may not deduct such advances from
				  the employee's wages or final compensation without a written agreement as set
				  forth in the rules pertaining to cash advances (see Sections
				  300.720
				  and
				  300.750
				  ).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.780 - Training and Educational Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
An employer shall not deduct expenses for training or
				  educational courses required by the employer, even though such training or
				  educational courses are also required by State or federal government, unless
				  the employee's express written consent is given freely at the time the
				  deduction is made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.790 - Cash Advance Exception

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of these rules pertaining to cash advances
				  shall not apply to funds transmitted by wire to employees who are traveling, if
				  a signed authorization is not practicable.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.800 - Deduction Limit

Current through Register Vol. 48, No. 28, July 12, 2024
No cash advance repayment agreement shall provide for a
				  repayment schedule of more than 15% of an employee's gross wages or final
				  compensation per paycheck.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.810 - Balance Due at Termination

Current through Register Vol. 48, No. 28, July 12, 2024
If, upon termination, an employee owes an amount greater than
				  15% of gross wages or final compensation, that amount may be withheld from the
				  employee's wages or final compensation, but only if such an arrangement was
				  included in the agreement signed when the advance was made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.820 - Damaged Property

Current through Register Vol. 48, No. 28, July 12, 2024
A financial loss suffered by an employer due to damage to
				  his/her property or to that of a customer or client shall not be deducted from
				  an employee's pay unless the employee's expressed written consent is given
				  freely at the time the deduction is made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.830 - Return of Employer's Property

Current through Register Vol. 48, No. 28, July 12, 2024
In no case shall an employer withhold all or part of the
				  final compensation due an employee while the employer awaits return of property
				  in the possession of the employee unless the employee's express written consent
				  is given freely at the time the deduction is made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.840 - Uniforms Required by an Employer

Current through Register Vol. 48, No. 28, July 12, 2024
An employer shall not deduct the cost of purchasing and/or
				  cleaning uniforms required by the employer from an employee's wages or final
				  compensation, unless the employee's express written consent is given freely at
				  the time the deduction is made. Distinctive outfits or accessories, or both,
				  intended to identify the employee with a specific employer shall be considered
				  a uniform. If an employer requires a general type of ordinary basic street
				  clothing to be worn, but permits variations in the detail of dress, this shall
				  not be considered a uniform. However, when an employer requires that an
				  employee purchase street clothes either from the employer or from a third party
				  designated by the employer, the clothing shall be considered a
				  uniform.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.850 - Equipment Required by an Employer

Current through Register Vol. 48, No. 28, July 12, 2024
An employer shall not deduct the cost of equipment required
				  by the employer or by law from an employee's wages or final compensation unless
				  the employee's express written consent is given freely at the time the
				  deduction is made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.860 - Medical Examinations and Records

Current through Register Vol. 48, No. 28, July 12, 2024
No employer shall require any employee or applicant for
				  employment to pay the cost of medical examinations or the cost of furnishing
				  any records of such examinations which are required by the employer as a
				  condition of employment.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.870 - Deposit

Current through Register Vol. 48, No. 28, July 12, 2024
An employer may request that a deposit be paid on a
				  particular piece of property, but such a deposit shall not be deducted from the
				  employee's wages or final compensation unless the employee's express written
				  consent is given freely at the time the deduction is made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.880 - Conditions of Return of Deposit

Current through Register Vol. 48, No. 28, July 12, 2024
A deposit must be returned to the employee, along with any
				  final compensation, provided the employee has returned the property on which
				  the deposit was paid.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.890 - Time for Return of Deposit

Current through Register Vol. 48, No. 28, July 12, 2024
If property is returned after all other final compensation
				  has been paid, the deposit on the property must be given to the employee
				  immediately upon return of the property, if possible, but in no case later than
				  the next payday.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.900 - Overpayment

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the
				employee agrees that an overpayment has been made, the entire sum of the
				overpayment may be deducted on the employee's first regular payday subsequent
				to the payday on which the overpayment occurred. If an overpayment is not
				discovered until one or more paydays have passed, the employer and employee
				shall agree on a repayment schedule. If the employer and employee cannot agree
				on a repayment schedule, then the employer must comply with Section 9 of the
				Act and the rules herein (see all of Subpart D) and treat the overpayment as a
				cash advance.
b) If the employee
				refuses to sign such an agreement or in any way disputes the amount of
				overpayment or the employer's right to recoupment, no deduction shall be made
				unless the employer complies with the notice requirements enumerated in Section
				9 of the Act and the rules herein (see all of Subpart D).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.910 - Deductions From Bank Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
Under no circumstances may an employer or its agents deduct
				  or cause to be deducted disputed amounts from any banking account of the
				  employee.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.920 - Acceptance of Disputed Paycheck

Current through Register Vol. 48, No. 28, July 12, 2024
Acceptance by an employee of a disputed paycheck will not be
				  evidence that the employee has released all claims.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart D - DEDUCTION FROM WAGES OR FINAL COMPENSATION › Section 300.930 - Notice of Disputed Deductions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notice by an employer of disputed deductions from wages under Section 9 of the
				Act shall be either typewritten or clearly handwritten and shall include: the
				name and last known address of the employee from whose wages or final
				compensation the deduction is being made; the amount that is being withheld;
				the reason for which the deduction is being made; the date on which payment
				would have been made; the name, business address and telephone number of the
				employer and any officer or agent of the employer who will present the
				employer's position to the Department during its investigation of the
				deduction; and any supporting documentation. The notice shall be prominently
				marked "NOTICE OF DISPUTED DEDUCTION" on both the letter and the envelope and
				shall be mailed or delivered to the Department's Chicago office at 160 N.
				LaSalle, C-1300, Chicago IL 60601 on or before the day the money is due to the
				employee.
b) The Department will
				notify the employee of the proposed deduction and provide an opportunity for
				the employee to contest the deduction. The employee's response shall be
				typewritten or clearly handwritten and shall state the reasons why the employee
				contests the deduction. The response shall be prominently marked "DISPUTED
				DEDUCTION RESPONSE" on both the letter and the envelope and shall be mailed or
				delivered to the Department's Chicago office. If the employee does not respond
				within 10 days after receipt of the Department's notice, the deduction shall be
				permitted and the Department will take no further action. Acceptance of late
				responses by the employee shall be at the sole discretion of the
				Department.
c) The Department may
				permit a deduction when an employer can establish by clear and convincing
				evidence that:
1) the employee is indebted to
				the employer in an amount equal to or greater than the amount sought to be
				withheld; and
2) it would be
				inequitable to require the employer to make payment to the employee prior to
				the employee satisfying his or her obligation to the employer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart E - FILING OF A CLAIM FOR WAGES OR FINAL COMPENSATION › Section 300.940 - Filing of a Claim 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 violations of the Act by submitting a completed wage claim
				application on the form provided by the Department and by submitting all
				supporting documentation. All wage claims except those filed under Section
				13.5 of the Act shall be filed
				within one year after the wages or final compensation were due. All wage claims
				filed under Section 13.5 of the Act shall be filed
				within three years after the wages or final compensation were due.
b) Wage claim applications shall be reviewed
				by the Department to determine whether there is cause for investigation. The
				Department will limit its investigation to reviewing the 3 years before the
				date the complaint was filed.
c)
				Service of any document upon any person may be made by personal delivery,
				certified mail with the return receipt signed by the person or its agent, US
				regular mail with postage prepaid, electronic mail (e-mail) when agreed to by
				the party, or any other verifiable means, such as private carrier, to the
				following:
1) address on file with the
				Department;
2) address on file with
				the Secretary of State;
3) address
				on file with any other State agency with which the respondent shall maintain a
				current address; or
4) any other
				address, including e-mail address, the Department reasonably calculates to be a
				true and current address for the respondent.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart E - FILING OF A CLAIM FOR WAGES OR FINAL COMPENSATION › Section 300.942 - Withdrawal of a Claim

Current through Register Vol. 48, No. 28, July 12, 2024
An employee may voluntarily withdraw his or her claim by
				  submitting a written statement to the Department or making a verbal statement
				  on the record during the hearing or at any time prior to the issuance of the
				  ALJ's decision. The Department will provide written notice to all parties of
				  the withdrawal of the claim.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 300.970 - Application of the Rules of Evidence, Pleadings and Procedures in an Investigative Hearing (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 300.1000 - Informal Telephone Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department does not routinely hold informal investigative hearings by
				telephone. Written requests to participate by telephone must be received by the
				Department's Chicago office no later than 7 days prior to the hearing date. The
				request shall be prominently marked "REQUEST FOR TELEPHONE HEARING" on both the
				letter and the envelope. The request shall be in writing and contain a
				compelling reason why the party needs to participate by telephone and the name,
				address and telephone number of the person to be contacted.
b) On its own initiative, the Department may
				also schedule a matter for telephone hearing without regard to the 7 day notice
				requirement.
c) The Department may
				consider untimely requests for telephone hearings upon a showing that the delay
				was occasioned by good cause beyond the party's control. Examples of good cause
				include the non-receipt or delayed receipt of mail, accident, illness or other
				circumstances beyond the party's control.
d) A party shall not consider its request
				granted unless the participant receives notice of the Department's approval
				prior to the hearing date by telephone or in writing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart F - INFORMAL INVESTIGATIVE HEARING › Section 300.1010 - Issuance of Administrative Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024The Department may issue an administrative subpoena to
				compel the attendance of a witness and/or the production of documents upon the
				Department's determination that the information to be produced by a subpoena is
				necessary and relevant to the Department's investigation, and that the
				Department cannot obtain the information by any other reasonable means.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1028 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Subpart G is effective for retaliation complaints as well as
				  wage claim applications filed regardless of the amount of the claim. This
				  Subpart shall supersede the Department's Rules of Procedure in Administrative
				  Hearings (56 Ill. Adm. Code 120) for formal hearings conducted under this
				  Subpart.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1030 - Consolidation/Severance/Class Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may, on its own or at the request of a party, consolidate hearings
				if it believes a common question of law or fact is involved, consolidation will
				expedite the hearings, and no right of any party will be prejudiced.
b) All parties will be given an opportunity
				to be heard on the issue of consolidation and may be severed from the
				proceeding if the factors in subsection (a) are not satisfied.
c) The Department may assist a class of
				employees and process cases on those employees' behalf in a class action. An
				action may be maintained as a class when:
1)
				The number of parties is so numerous that joinder of all parties is
				impracticable;
2) There are
				questions of fact or law common to the class that predominate over any
				questions affecting only individual members;
3) The representative parties will fairly and
				adequately protect the interest of the class; and
4) The class action is an appropriate method
				for the fair and efficient adjudication of the controversy.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1040 - Scheduling and Notice of a Formal Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A written notice of the formal hearing shall be served on the
				  parties not less than 21 days prior to the date of the hearing. The notice
				  shall advise all parties that a failure to appear at the hearing may result in
				  the entry of an enforceable judgment or dismissal against a party not
				  appearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1050 - Manner and Service of Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Service of notice of a formal hearing shall be complete when the notice of
				hearing is:
1) Personally served;
				or
2) Sent not less than 21 days
				prior to the date designated for the hearing by:
A) Regular US mail, postage prepaid, to the
				parties' addresses;
B) Certified US
				mail, postage prepaid, to the parties' addresses;
C) E-mail, if the employer or claimant has
				agreed to service by those means; or
D) Other verifiable means, such as private
				carrier.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1060 - Formal Hearing Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
Parties shall be prepared to proceed at the hearing. Absent
				  an emergency, all requests for a continuance must be made in writing to the ALJ
				  at least 10 days prior to the scheduled hearing and will be granted only upon a
				  showing of good cause. Copies of all continuance requests shall be served on
				  the other party. Examples of good cause include the non-receipt or delayed
				  receipt of mail or the unavailability of a witness or a party due to accident,
				  illness or other circumstances beyond the party's control. When a hearing has
				  been scheduled and a subsequent conflict arises in a schedule of a party's
				  attorney, such as an appointment with a client, court appearance or comparable
				  matter scheduled for the same time, those factors shall not be considered good
				  cause shown. The Department may also cancel and continue a hearing due to an
				  emergency or the unavailability of an ALJ. If granted, the Department will
				  provide the parties with notice of the continuance of the
				  hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1080 - Participants at a Formal Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A party may be accompanied at a formal hearing by his or her attorney or other
				representative. The participation of the other representative in the hearing
				shall be limited to fact-finding and support functions. Other representatives
				shall not be permitted to engage in any conduct or function that constitutes or
				reasonably approximates the practice of law. Other representatives shall not:
				examine or cross-examine any party or witness; offer any documents or other
				exhibits into evidence; make evidentiary, procedural or other legal objections;
				cite, file or interpret case law, statutes, administrative rulings or other
				legal authority; make legal arguments or interpretations; or give legal advice
				or opinions to parties or witnesses. Other representatives must provide to the
				represented party for signature a written disclosure document that explicitly
				states that the representative is not an attorney and that the representative
				is not permitted to present legal arguments or otherwise engage in any function
				that reasonably approximates the practice of law as described in this
				subsection (a). The document shall be signed by both the representative and the
				represented party.
b) The parties
				may bring witnesses to the hearing and the ALJ shall determine the order in
				which the witnesses are to be heard and shall limit testimony to that which is
				relevant, not cumulative in nature, not unduly repetitious and material to the
				claim. In deciding whether to permit a witness to testify, the ALJ may consider
				the relevance and materiality of the testimony. The ALJ may exclude witnesses
				when they are not giving testimony. The Department will provide translation
				services for the hearing as necessary.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1090 - Conduct in a Formal Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				ALJ shall conduct and control the hearing, which will be confined to the
				factual and/or legal issues of the claim. The ALJ will ensure that all parties
				who have appeared have a reasonable opportunity to present all relevant
				evidence and testimony regarding the issues.
b) Witnesses may be questioned and
				cross-examined by any party or that party's attorney, except the other
				representative, and further questioned by the ALJ, if necessary, to ensure
				clarity and completeness of the issues and of the record.
c) If any person becomes abusive or
				disruptive so that a full and fair hearing cannot be conducted, the ALJ shall
				exclude that person from the hearing. The ALJ shall then move forward with the
				hearing without the participation of the excluded individual and will render a
				decision based on the evidence in the record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1100 - Telephone Hearing for a Formal Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written requests to participate via
				telephone must be received by the Department's Chicago office, 160 N. LaSalle,
				C-1300, Chicago IL 60601, no later than seven days prior to the hearing date.
				The request shall be prominently marked "REQUEST FOR TELEPHONE HEARING" on both
				the letter and envelope. The request shall be in writing and contain a
				compelling reason why the party needs to participate by telephone and the name,
				address and telephone number of the person to be contacted.
b) On its own initiative, the Department may
				also schedule a matter for telephone hearing without regard to the seven day
				notice requirement.
c) The
				Department may consider untimely requests for telephone hearings by the party
				upon a showing that the delay was occasioned by good cause beyond the party's
				control. Examples of good cause include the non-receipt or delayed receipt of
				mail, accident, illness or other circumstances beyond the party's
				control.
d) A party shall not
				consider the request granted unless the participant receives notice of the
				Department's approval prior to the hearing date by telephone or in
				writing.
e) A party appearing by
				telephone shall submit to the ALJ and the other party, no less than five days
				prior to the hearing, any documents the party intends to introduce at the
				hearing. Any documents previously submitted to a party during the investigation
				need not be resubmitted. If the ALJ finds that any document was not submitted
				or received, the ALJ may exercise discretion to proceed or not proceed with the
				hearing or take other action as the ALJ deems appropriate.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1110 - Subpoenas for Investigation and Testimony at Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department may issue an administrative
				subpoena to compel the attendance of a witness and/or the production of
				documents upon the Department's determination that the information to be
				produced by a subpoena is necessary and relevant to the Department's
				adjudication of the claim and cannot be obtained by any other reasonable means.
				The parties may also request that subpoenas be issued for documents and
				testimony at hearing.
b)
				Application by a party for a subpoena may be made ex parte and the party
				requesting the subpoena shall be responsible for service. The subpoena shall on
				its face show the name and address of the party at whose request the subpoena
				was issued. Service may be made by personal delivery, certified mail with
				return receipt signed by the person or its agent, U.S. regular mail, postage
				prepaid, or private carrier.
c) If
				a party or organization within control of a party fails to obey a subpoena and
				the ALJ finds the subpoena to have been validly served and the material
				requested to be relevant and material, the ALJ may impose such sanctions as are
				appropriate, including, but not limited to, prohibiting testimony by the party
				who has refused to comply on the subject matter encompassed by the subpoena,
				drawing an adverse inference against the party refusing to comply, or allowing
				the evidence required by the subpoena but not produced as establishing the
				truth of the position of the party who subpoenaed the documents. If a non-party
				fails to obey a subpoena, the party seeking enforcement shall be responsible
				for preparing an application for enforcement and filing in a court of
				appropriate jurisdiction.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1120 - Ex Parte (One Party Only) Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) An ALJ may not engage in ex parte
				communications, directly or indirectly, in any matter in connection with any
				substantive issue, with any interested person or party. If the ALJ receives any
				ex parte communication, including any documents, the ALJ shall inform the
				parties of the substance of any such communication and provide copies of any
				written communication or documents. The other party shall be given an
				opportunity to review any ex parte communication.
b) Nothing shall prevent the ALJ from
				communicating ex parte about routine matters, such as requests for continuances
				or opportunities to inspect the file, as long as the parties are informed of
				the substance of the ex parte communication. The date and type of
				communication, the persons involved and the results of those routine
				communications shall be part of the record.
c) When a party fails to appear at the
				hearing, the other parties' participation at the hearing shall not be
				considered ex parte communication.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1130 - Disqualification of an Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
At any time prior to the issuance of a substantive ruling by
				  an ALJ, a party may move to disqualify the ALJ on the grounds of bias or
				  conflict of interest. The motion shall be made in writing to the General
				  Counsel, with a copy to the Director and the ALJ, setting forth the specific
				  instances of bias or conflict of interest. The Director and/or her or his
				  designee will assign the matter for a determination to an ALJ not challenged in
				  the motion. An adverse decision or ruling, in and of itself, is not grounds for
				  disqualification. The ALJ's employment or contract as an ALJ by the Department
				  is not, in and of itself, a conflict of interest. The case shall be suspended
				  until the neutral ALJ rules on the motion. The neutral ALJ may decline to
				  disqualify the presiding ALJ or appoint another ALJ to hear the
				  case.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1150 - Failure of a Party to Appear at a Formal Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Failure of a claimant to appear at a
				scheduled formal hearing may result in dismissal of the claim. If the hearing
				or any party's appearance is by telephone, failure of that party to inform the
				ALJ of the telephone number at which he or she can be reached, or failure to
				answer the telephone at the scheduled time, may result in dismissal of the
				claim.
b) Failure of the employer
				to appear at a scheduled formal hearing shall cause the ALJ to issue a decision
				based on the evidence introduced and the evidence of record. If the hearing or
				the employer's appearance is by telephone, failure of the employer to inform
				the ALJ of the telephone number at which the employer can be reached, or
				failure to answer the telephone at the scheduled time, shall cause the ALJ to
				issue a decision based on the evidence introduced and the evidence of the
				record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1160 - Notice and Appeal of Department's Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) Following the entry of a final order, the
				Department will send written notice of its order to the parties by regular U.S.
				mail, or via email to an email address previously designated by the party for
				purposes of receiving communications under this Act, setting forth the amount
				of the judgment, if any, including all damages, administrative fees, and
				penalties, as well as the parties' appeal rights. Service shall be presumed to
				be accomplished upon mailing or emailing.
b) A party may file a motion to reconsider
				with the Department within 15 days after the Department's order and the motion
				will only be considered by the Department for procedural issues. A motion to
				reconsider should be sent to the Department's Chicago office, 160 N. LaSalle,
				C-1300, Chicago IL 60601. The Department will issue a written decision on any
				motions to reconsider and serve that decision on all parties via regular US
				mail or via email to an email address previously designated by the party for
				purposes of receiving communications under this Act. No further appeal process
				or administrative remedies may be sought at the Department level.
c) Any party may appeal the Department's
				order or dismissal to the circuit court within 35 days under the provisions of
				the Administrative Review Law [735 ILCS 5/Art. III ]. If a
				motion to reconsider is filed with the Department, the time period to appeal to
				the circuit court will begin when the Department issues its written decision on
				any motion to reconsider via regular US mail or via email to an email address
				previously designated by the party for purposes of receiving communications
				under this Act.
d) If a party seeks
				judicial review of a Department order or dismissal, that party will pay the
				actual cost to the Department of preparing the administrative record and filing
				the record in court. Payment must be made by certified check, cashier's check,
				or money order, made payable to the Illinois Department of Labor or using the
				State Treasurer's E-Pay program or any successor program.
e) Actions for judicial review shall be filed
				where the hearing proceeding took place, which is either the circuit court of
				Cook County or Sangamon County.
f)
				The order of the Department will become final and enforceable if no appeals are
				filed within 35 days after the Department's order or after all appeals are
				exhausted.
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 300.1180 - Non-Waivable Administrative Fee to the Department

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department determines that a respondent owes wages or
				  final compensation to the claimant and any other aggrieved employee, it shall
				  assess the appropriate non-waivable administrative fee per employee as provided
				  for by the Act payable to the Department and make the administrative fee
				  against the respondent a part of the determination. The administrative fee
				  shall be due to the Department within 15 days after the order becomes
				  final.
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 300.1190 - Statutory Damages Due to the Employee

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department determines that a respondent owes wages or
				  final compensation to the claimant, statutory damages shall be assessed at 5%
				  of the amount owed, multiplied by the number of months that elapse between the
				  time of initial underpayment and the time the order is paid. The total amount
				  due to the claimant and any aggrieved employee, including the unpaid wages and
				  final compensation plus statutory damages, will be due to the claimant and
				  aggrieved employee within 15 days after the order becomes
				  final.
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 300.1200 - Additional Penalties Due to the Department and Employee

Current through Register Vol. 48, No. 28, July 12, 2024
If a respondent fails to comply with the order within 15 days
				  after the order becomes final, the respondent shall also be liable to the
				  Department for a statutory penalty of 20% of the amount owed and shall be
				  additionally liable to the claimant and any other aggrieved employee for a
				  statutory penalty in the amount of 1% per day of the amount owed for each day
				  that payment is delayed.