Section 300.640  Refusal to Pay Wages or Final Compensation

a)         The duty to pay wages arises out of a contract of employment, an employment policy, or an agreement between the parties.  The Department shall make a determination in accordance with Subpart E of these rules as to whether the duty to pay exists.

b)         An employer doing business at the time the duty to pay wages 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 wilfully refused to pay wages, in violation of the Act.

(Source:  Added at 16 Ill. Reg. 13828, effective September 1, 1992)