TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 300 PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION
SECTION 300.941 EMPLOYER RESPONSE AND INVESTIGATION


 

Section 300.941  Employer Response and Investigation

 

a)         The employer must remit payment of all undisputed amounts and submit a written explanation of all the amounts remaining in dispute within 20 days after the date of mailing or other service of the notice of claim under Section 300.940(c) and (d).  

 

b)         The employer's response shall include the reasons for non-payment and any business records and other documentation necessary for the Department's investigation of the claim.

 

c)         If an employer fails to answer the claim as required in subsections (a) and (b) or fails to answer all material allegations contained in the claim, any unanswered allegations shall be deemed admitted to be true as of the 21st day following the notice of claim.

 

d)         The Department will review the information provided by the parties in order to determine whether wages or final compensation may be due and shall make a determination whether there is sufficient evidence to proceed to a formal administrative hearing. If the review demonstrates there is insufficient evidence to proceed to hearing, the claim will be dismissed.  If the review demonstrates sufficient evidence the Act may have been violated, the matter will be set for a formal administrative hearing. The Department will notify both parties of its determination and may issue appropriate orders.

 

e)         The Department may consider untimely submissions by either party, upon written request by the party within a reasonable period of time, if there is 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.

 

(Source:  Amended at 38 Ill. Reg. 18517, effective August 22, 2014)