Illinois General Assembly - Bill Status for HB3405
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 Bill Status of HB3405  101st General Assembly

Short Description:  GRATUITIES-RETENTION-PROHIBIT

House Sponsors
Rep. Karina Villa - Natalie A. Manley - Theresa Mah - Elizabeth Hernandez, Keith R. Wheeler, Daniel Didech, Maurice A. West, II, Anne Stava-Murray, Jennifer Gong-Gershowitz, Lamont J. Robinson, Jr., Robert Martwick, Michael Halpin, Lance Yednock, Deanne M. Mazzochi, Grant Wehrli, Celina Villanueva, Arthur Turner, Diane Pappas and Terra Costa Howard

Senate Sponsors
(Sen. Omar Aquino - Ann Gillespie)

Last Action
DateChamber Action
  8/23/2019HousePublic Act . . . . . . . . . 101-0509

Statutes Amended In Order of Appearance
820 ILCS 115/4.1 new


Synopsis As Introduced
Amends the Illinois Wage Payment and Collection Act. Provides that gratuities to employees are the property of the employees and may not be retained by an employer. Provides that an employer's retention of gratuities is an underpayment of wages for purposes of the Act. Provides that the new provisions do not prohibit tip pooling as permitted by law. Provides that the new provisions do not affect an employer's entitlement to an allowance for gratuities to the extent permitted under the Minimum Wage Law.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that gratuities are the property of employees and that employers shall not keep gratuities. Requires gratuities to be paid to employees within 13 days after the end of the pay period during which the gratuities were earned. Permits the employer to reduce the amount of a gratuity paid by credit card by a proportionate amount of the fee incurred in processing credit card payments.

Senate Floor Amendment No. 1
Adds reference to:
820 ILCS 115/11from Ch. 48, par. 39m-11

Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Illinois Wage Payment and Collection Act. Provides that if a final and binding administrative decision issued by the Department of Labor requires an employer or other party to pay wages, penalties, or other amounts in connection with a wage claim, and the employer or other party has neither: (i) made the required payment within 35 days of the issuance of the final and binding administrative decision; nor (ii) timely filed a complaint seeking review of the final and binding administrative decision pursuant to the Administrative Review Law in a court of competent jurisdiction, the Department may file a verified petition against the employer or other party to enforce the final administrative decision and to collect any amounts due in the circuit court of any county where an official office of the Department is located.

Actions 
DateChamber Action
  2/15/2019HouseFiled with the Clerk by Rep. Karina Villa
  2/15/2019HouseFirst Reading
  2/15/2019HouseReferred to Rules Committee
  3/5/2019HouseAssigned to Labor & Commerce Committee
  3/12/2019HouseAdded Chief Co-Sponsor Rep. Natalie A. Manley
  3/12/2019HouseAdded Chief Co-Sponsor Rep. Theresa Mah
  3/12/2019HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  3/12/2019HouseAdded Chief Co-Sponsor Rep. Celina Villanueva
  3/13/2019HouseAdded Co-Sponsor Rep. Daniel Didech
  3/13/2019HouseAdded Co-Sponsor Rep. Maurice A. West, II
  3/13/2019HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/13/2019HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
  3/13/2019HouseAdded Co-Sponsor Rep. Lamont J. Robinson, Jr.
  3/13/2019HouseAdded Co-Sponsor Rep. Robert Martwick
  3/13/2019HouseAdded Co-Sponsor Rep. Michael Halpin
  3/13/2019HouseAdded Co-Sponsor Rep. Lance Yednock
  3/13/2019HouseDo Pass / Short Debate Labor & Commerce Committee; 017-008-000
  3/14/2019HousePlaced on Calendar 2nd Reading - Short Debate
  3/19/2019HouseSecond Reading - Short Debate
  3/19/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/9/2019HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Karina Villa
  4/9/2019HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/9/2019HouseHouse Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee
  4/10/2019HouseHouse Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 023-000-000
  4/10/2019HouseAdded Co-Sponsor Rep. Keith R. Wheeler
  4/10/2019HouseAdded Co-Sponsor Rep. Deanne M. Mazzochi
  4/10/2019HouseAdded Co-Sponsor Rep. Grant Wehrli
  4/10/2019HouseRemove Chief Co-Sponsor Rep. Celina Villanueva
  4/10/2019HouseAdded Co-Sponsor Rep. Celina Villanueva
  4/10/2019HouseRecalled to Second Reading - Short Debate
  4/10/2019HouseHouse Floor Amendment No. 1 Adopted
  4/10/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2019HouseThird Reading - Short Debate - Passed 111-000-000
  4/10/2019SenateArrive in Senate
  4/10/2019SenatePlaced on Calendar Order of First Reading
  4/10/2019SenateChief Senate Sponsor Sen. Omar Aquino
  4/10/2019SenateFirst Reading
  4/10/2019SenateReferred to Assignments
  4/24/2019SenateAssigned to Labor
  5/1/2019SenateDo Pass Labor; 015-000-000
  5/1/2019SenatePlaced on Calendar Order of 2nd Reading May 2, 2019
  5/15/2019SenateSecond Reading
  5/15/2019SenatePlaced on Calendar Order of 3rd Reading May 16, 2019
  5/17/2019SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Omar Aquino
  5/17/2019SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/21/2019SenateSenate Floor Amendment No. 1 Assignments Refers to Labor
  5/22/2019SenateSenate Floor Amendment No. 1 Recommend Do Adopt Labor; 012-000-000
  5/22/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Ann Gillespie
  5/22/2019SenateRecalled to Second Reading
  5/22/2019SenateSenate Floor Amendment No. 1 Adopted; Aquino
  5/22/2019SenatePlaced on Calendar Order of 3rd Reading
  5/22/2019SenateThird Reading - Passed; 059-000-000
  5/22/2019HouseArrived in House
  5/22/2019HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/23/2019HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Karina Villa
  5/23/2019HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/23/2019HouseAdded Co-Sponsor Rep. Arthur Turner
  5/23/2019HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce Committee
  5/24/2019HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 026-000-000
  5/30/2019HouseSenate Floor Amendment No. 1 House Concurs 116-000-000
  5/30/2019HouseHouse Concurs
  5/30/2019HousePassed Both Houses
  5/30/2019HouseAdded Co-Sponsor Rep. Diane Pappas
  5/30/2019HouseAdded Co-Sponsor Rep. Terra Costa Howard
  6/28/2019HouseSent to the Governor
  8/23/2019HouseGovernor Approved
  8/23/2019HouseEffective Date January 1, 2020
  8/23/2019HousePublic Act . . . . . . . . . 101-0509

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