Nothing herein shall be construed to limit the authority of the State's attorney of any county to prosecute actions for violation of this Act or to enforce the provisions thereof independently and without specific direction of the department of Labor. 1-1-14.) 820 ilcs 115/11.5 (820 ilcs 115/11.5) Sec. Departmental wage recovery; remittance to aggrieved employee. (a) Upon the recovery of unpaid wages, wage supplements, or final compensation from an employer that has violated this Act, the department shall conduct a good faith search to find the aggrieved employee. If, after conducting a good faith search for the aggrieved employee, the department is unable to find the aggrieved employee, the department shall deposit the amount recovered into the department of Labor Special State Trust Fund. (b) An aggrieved employee may make a request to the department in order to recover unpaid wages, wage supplements, or final compensation that has been deposited into the department of Labor Special State Trust Fund. The department shall not require the employee to present a social Security number or proof of United States citizenship.
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No court costs or any fees for necessary process and proceedings shall be payable in advance by the department for prosecuting such short actions. In the event there is a judgment rendered against the defendant, the court shall assess as part of such judgment the costs of such proceeding. Upon collection of such judgments the department shall pay from the proceeds of such judgment such costs to such person who is by law entitled to same. The department may join in a single proceeding any number of wage claims against the same employer but the court shall have discretionary power to order a severance or separate trial for hearings. (c) to make complaint in any court of competent jurisdiction of violations of this Act. (d) In addition to the aforementioned powers, subject to appropriation, the department may establish an administrative procedure to adjudicate claims and to issue final and binding administrative decisions on such claims subject to the Administrative review Law. To establish such a procedure, the director of Labor or her or his authorized representative may promulgate rules and regulations. The adoption, amendment or rescission of rules and regulations for such a procedure shall be in conformity with the requirements of the Illinois Administrative procedure Act. Nothing herein shall be construed to prevent any employee from making complaint or prosecuting his or her own claim for wages. Any employee aggrieved by a violation of this Act or any rule adopted under this Act may file suit in circuit court of Illinois, in the county where the alleged violation occurred or where any employee who is party to the action resides, without regard. Actions may be brought by one or more employees for and on behalf of themselves and other employees similarly situated.
81-593.) 820 ilcs 115/11 (820 ilcs 115/11) (from. It shall be the duty of the department margaret of Labor to inquire diligently for any violations of this Act, and to institute the actions for penalties herein provided, and to enforce generally the provisions of this Act. An employee may file a complaint with the department alleging violations of the Act by submitting a signed, completed wage claim application on the form provided by the department and by submitting copies of all supporting documentation. Complaints shall be filed within one year after the wages, final compensation, or wage supplements were due. Applications shall be reviewed by the department to determine whether there is cause for investigation. The department shall have the following powers: (a) to investigate and attempt equitably to adjust controversies between employees and employers in respect of wage claims arising under this Act and to that end the department through the director of Labor or any other person. Service of such subpoenas shall be made by any sheriff or any person. Any court in this State, upon the application of the department may compel attendance of witnesses, the production of books and papers, and the giving of testimony before the department by attachment for contempt or in any other way as the production of evidence may. (b) to take assignments of wage claims in the name of the director of Labor and his or her successors in office and prosecute actions for the collection of wages for persons financially unable to prosecute such claims when in the judgment of the department.
The acceptance by an employee of a disputed paycheck shall not constitute a release as to the balance of his claim and any release or restrictive endorsement required by an employer as a condition to payment shall be a violation of this Act and shall. 1-1-12.) 820 ilcs 115/10 (820 ilcs 115/10) (from. Employers shall notify employees, at the time of hiring, of the rate of pay and of the time and place of payment. Whenever possible, such notification shall be in writing and shall be acknowledged by both parties. Employers shall also notify employees of any changes in the arrangements, specified above, prior to the time of change. Employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with an itemized statement of deductions made from his wages for each pay period. Every employer shall post and keep posted at each regular place of business in a position easily accessible to all employees one or more notices indicating the regular paydays and the place and time for payment of his employees, and on forms supplied from time.
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78-914.) 820 ilcs 115/9 (820 ilcs 115/9) (from. Except as hereinafter provided, deductions by employers from wages or final compensation are prohibited unless such deductions are (1) required by law; (2) to the benefit of the employee; (3) in response to a valid wage assignment or wage deduction order; (4) made with the. Before the municipality with a population of 500,000 or more, the community college district in a city with a population of 500,000 or more, the Chicago park district, the metropolitan Transit Authority, a housing authority in a municipality with a population of 500,000 or more. Before a housing authority in a municipality with a population of 500,000 or more or a municipality with a population of 500,000 or more, a county with a population of 3,000,000 or more, the cook county forest Preserve district, the Chicago park district, the metropolitan. For purposes of this Section, "net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted and "debt due and owing" means (i) a specified sum lion of money owed to the municipality. Before the municipality deducts any amount from any salary or wage of an employee to pay a debt owed to the municipality, the municipality shall certify that (i) the employee has been afforded an opportunity for a hearing, conducted by the municipality, to dispute the.
Where the legitimacy of any deduction from wages is in dispute, the amount in question may be withheld if the employer notifies the department of Labor on the date the payment is due in writing of the amount that is being withheld and stating the. Upon such notification the department of Labor shall conduct an investigation and render a judgment as promptly as possible, and shall complete such investigation within 30 days of receipt of the notification by the employer that wages have been withheld. The employer shall pay the wages due upon order of the department of Labor within 15 calendar days of issuance of a judgment on the dispute. The department shall establish rules to protect the interests of both parties in cases of disputed deductions from wages. Such rules shall include reasonable limitations on the amount of deductions beyond those required by law which may be made during any pay period by any employer. In case of a dispute over wages, the employer shall pay, without condition and within the time set by this Act, all wages or parts thereof, conceded by him to be due, leaving to the employee all remedies to which he may otherwise be entitled.
Payment to the absent employee shall be made by mail if the employee so requests in writing. All wages and final compensation shall be paid in lawful money of the United States, by check, redeemable upon demand and without discount at a bank or other financial institution readily available to the employee, by deposit of funds in an account in a bank. No employer may designate a particular financial institution, bank, savings bank, savings and loan, or currency exchange for the exclusive payment or deposit of a check for wages. No financial institution, bank, savings bank, savings and loan, or currency exchange shall refuse to honor a check for wages that exclusively designates, in violation of this Section, a particular bank, savings bank, savings and loan, or currency exchange as the exclusive place of payment. 1-1-15.) 820 ilcs 115/5 (820 ilcs 115/5) (from. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee.
Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request. Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the. 83-199.) 820 ilcs 115/6 (820 ilcs 115/6) (from. The director of the department of Labor, or any other person in the department designated by him, shall be authorized to assist any employee and act on his behalf in the collection of wages or final compensation due him, provided, however, that the director,. 81-593.) 820 ilcs 115/7 (820 ilcs 115/7) (from. The department of Labor shall be authorized to enter into agreements with other states to collect unpaid wages from out-of-state employers and to perform reciprocal services for such states in the State of Illinois. 78-914.) 820 ilcs 115/8 (820 ilcs 115/8) (from. Where an employer is legally committed through a collective bargaining agreement, or otherwise to make contributions to an employee benefit, trust or fund on the basis of a certain amount per hour, day, week or other period of time, the amount due from the employer.
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The employer may provide this notice by conspicuously posting the presentation notice at the location where the wages are received by the daily wage employees. 8-18-95.) 820 ilcs 115/4 (820 ilcs 115/4) (from. All wages earned by any employee during a literature semi-monthly or bi-weekly pay period shall be paid to such employee not later than 13 days after the end of the pay period in which such wages were earned. All wages earned by any employee during a weekly pay period shall be paid not later than 7 days after the end of the weekly pay period in which the wages were earned. All wages paid on a daily basis shall be paid insofar as possible on the same day as the wages were earned, or not later in any event than 24 hours after the day on which the wages were earned. Wages of executive, administrative and professional employees, as defined in the federal fair Labor Standards Act of 1938, may be paid on or before 21 calendar days after the period during which they are earned. The terms of this Section shall not apply, if there exists a valid collective bargaining agreement which provides for a different date or for different arrangements for the payment of wages. Employers shall pay to workers on strike or layoff, no later than the next regular payday, all wages earned up to the time of such strike or layoff. Any employee who is absent at the time fixed for payment, or who for any other reason is not paid at that time, shall be paid upon demand at any time within a period of 5 days after the time fixed for payment; and after.
payroll card to an employee under an employer payroll card program. 1-1-15.) 820 ilcs 115/3 (820 ilcs 115/3) (from. Every employer shall be required, at least semi-monthly, to pay every employee all wages earned during the semi-monthly pay period. Wages of executive, administrative and professional employees, as defined in the federal fair Labor Standards Act of 1939, may be paid once a month. Commissions may be paid once a month. At the request of a person employed by an employment or labor placement agency which, in the ordinary course of business, makes daily wage payments to employees, the agency shall hold the daily wages and make either weekly or semi-monthly payments. Upon the written request of the employee, the wage shall be paid in a single check representing the wages earned during the period, either weekly or semi-monthly, designated by the employee in accordance with Section 4 of this Act. Employment and labor placement agencies that make daily wage payments shall provide written notification to all daily wage payment employees of the right to request weekly or semi-monthly checks.
This Act applies to all employers and employees in this State, including employees of units of local government and school districts, but excepting employees of the State or Federal governments. 84-883.) 820 ilcs 115/2 (820 ilcs 115/2) (from. For all employees, other than separated employees, "wages" shall be defined as any compensation owed an employee by an employer pursuant to an employment contract or agreement between the 2 parties, whether the amount is determined on a time, task, piece, or any other basis. Payments to separated employees shall be termed "final compensation" and shall be defined as wages, salaries, earned commissions, earned bonuses, and the monetary equivalent of earned vacation and earned holidays, and any other compensation owed the employee by the employer pursuant to an employment contract. Where an employer is legally committed through a collective bargaining agreement or otherwise to make contributions to an employee benefit, trust or fund on the basis of a certain amount per hour, day, week or other period of time, the amount due from the employer. As used in this Act, the term "employer" shall include any individual, partnership, association, corporation, limited liability company, business trust, employment and labor placement agencies where wage payments are made directly or indirectly by the agency or business for work undertaken by employees under hire. As used in this Act, the term "employee" shall include any individual permitted to work by an employer in an occupation, but shall not include any individual: (1) who has been and will continue to be free from control revelation and direction over the performance. The following terms apply to an employer's use of payroll cards to pay wages to an employee under the requirements of this Act: "Payroll card" means a card provided to an employee by an employer or other payroll card issuer as a means of accessing.
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Illinois Compiled Statutes, information maintained by the legislative reference bureau. Updating the database of the Illinois Compiled Statutes (ilcs) is an ongoing process. Recent laws may not yet be included in the ilcs database, but they are found on this site. Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a section of the statutes includes a public Act that has not yet taken effect, the version of the law golf that is currently in effect may have already been removed from the database and you should refer. ( ) 820 ilcs 115/1 (820 ilcs 115/1) (from.