Illinois General Assembly - Full Text of SB3208
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Full Text of SB3208  103rd General Assembly



SB3208 EnrolledLRB103 37566 SPS 67692 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Wage Payment and Collection Act is
5amended by changing Sections 2, 10, and 14 as follows:
6    (820 ILCS 115/2)  (from Ch. 48, par. 39m-2)
7    Sec. 2. Definitions. For all employees, other than
8separated employees, "wages" shall be defined as any
9compensation owed an employee by an employer pursuant to an
10employment contract or agreement between the 2 parties,
11whether the amount is determined on a time, task, piece, or any
12other basis of calculation. Payments to separated employees
13shall be termed "final compensation" and shall be defined as
14wages, salaries, earned commissions, earned bonuses, and the
15monetary equivalent of earned vacation and earned holidays,
16and any other compensation owed the employee by the employer
17pursuant to an employment contract or agreement between the 2
18parties. Where an employer is legally committed through a
19collective bargaining agreement or otherwise to make
20contributions to an employee benefit, trust or fund on the
21basis of a certain amount per hour, day, week or other period
22of time, the amount due from the employer to such employee
23benefit, trust, or fund shall be defined as "wage



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1supplements", subject to the wage collection provisions of
2this Act.
3    As used in this Act, the term "employer" shall include any
4individual, partnership, association, corporation, limited
5liability company, business trust, employment and labor
6placement agencies where wage payments are made directly or
7indirectly by the agency or business for work undertaken by
8employees under hire to a third party pursuant to a contract
9between the business or agency with the third party, or any
10person or group of persons acting directly or indirectly in
11the interest of an employer in relation to an employee, for
12which one or more persons is gainfully employed.
13    As used in this Act, the term "employee" shall include any
14individual permitted to work by an employer in an occupation,
15but shall not include any individual:
16        (1) who has been and will continue to be free from
17    control and direction over the performance of his work,
18    both under his contract of service with his employer and
19    in fact; and
20        (2) who performs work which is either outside the
21    usual course of business or is performed outside all of
22    the places of business of the employer unless the employer
23    is in the business of contracting with third parties for
24    the placement of employees; and
25        (3) who is in an independently established trade,
26    occupation, profession or business.



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1    "Pay stub" means an itemized statement or statements
2reflecting an employee's hours worked, rate of pay, overtime
3pay and overtime hours worked, gross wages earned, deductions
4made from the employee's wages, and the total of wages and
5deductions year to date.
6    The following terms apply to an employer's use of payroll
7cards to pay wages to an employee under the requirements of
8this Act:
9    "Payroll card" means a card provided to an employee by an
10employer or other payroll card issuer as a means of accessing
11the employee's payroll card account.
12    "Payroll card account" means an account that is directly
13or indirectly established through an employer and to which
14deposits of a participating employee's wages are made.
15    "Payroll card issuer" means a bank, financial institution,
16or other entity that issues a payroll card to an employee under
17an employer payroll card program.
18(Source: P.A. 98-862, eff. 1-1-15.)
19    (820 ILCS 115/10)  (from Ch. 48, par. 39m-10)
20    Sec. 10.
21    (a) Employers shall notify employees, at the time of
22hiring, of the rate of pay and of the time and place of
23payment. Whenever possible, such notification shall be in
24writing and shall be acknowledged by both parties. Employers
25shall also notify employees of any changes in the



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1arrangements, specified above, prior to the time of change.
2    (b) Employers shall keep records of names and addresses of
3all employees and of wages paid each payday, and shall furnish
4each employee with a pay stub an itemized statement of
5deductions made from his wages for each pay period.
6    (c) An employer shall maintain a copy of an employee's pay
7stub for a period of not less than 3 years after the date of
8payment, regardless of whether the employee's employment ends
9during this period, whether the pay stub is furnished
10electronically or in paper form.
11    (d) In addition to furnishing a pay stub for each pay
12period as required under subsection (b), an employer shall
13furnish copies of pay stubs to current and former employees as
15        (1) An employer shall provide an employee with a copy
16    of the employee's pay stubs upon the employee's request.
17    The employer may require that the employee submit the
18    request in writing. The employer shall furnish the copy of
19    the pay stubs to the employee within 21 calendar days of
20    the employee's request. An employer is not required to
21    grant an employee's request for a copy of pay stubs more
22    than twice in a 12-month period.
23        (2) An employer shall provide a former employee with a
24    copy of the former employee's previous pay stubs upon the
25    former employee's request. The employer shall furnish the
26    copy of the pay stubs to the former employee within 21



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1    calendar days of the former employee's request. An
2    employer is not required to grant a former employee's
3    request for a copy of pay stubs more than twice in a
4    12-month period or more than one year after the date of
5    separation. The employer shall provide the copy of the pay
6    stubs in either a physical or electronic format, as chosen
7    by the former employee, including a communication that is
8    transmitted through electronic mail, text message,
9    computer system, or is otherwise sent and stored
10    electronically and is capable of being downloaded or
11    permanently retained by the former employee.
12        (3) An employer who furnishes electronic pay stubs in
13    a manner that a former employee cannot access for at least
14    a full year after separation shall, upon an employee's
15    separation from employment, offer to provide the outgoing
16    employee with a record of all of the outgoing employee's
17    pay stubs from the year preceding the date of separation.
18    The offer shall be made to the outgoing employee by the end
19    of the outgoing employee's final pay period. An employer
20    shall record in writing the date on which this offer was
21    made to the outgoing employee and if and how the outgoing
22    employee responded.
23        (4) A request made by an employee or former employee
24    under this Section shall be made to a person responsible
25    for maintaining the employer's payroll, including the
26    employer's human resources department or payroll



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1    department, the employee's supervisor or department
2    manager, or an individual designated in the employer's
3    written policy.
4    (e) Every employer shall post and keep posted at each
5regular place of business in a position easily accessible to
6all employees one or more notices indicating the regular
7paydays and the place and time for payment of his employees,
8and on forms supplied from time to time by the Department of
9Labor containing a copy or summary of the provisions of this
11(Source: P.A. 81-593.)
12    (820 ILCS 115/14)  (from Ch. 48, par. 39m-14)
13    Sec. 14. Penalties.
14    (a) Any employee not timely paid wages, final
15compensation, or wage supplements by his or her employer as
16required by this Act shall be entitled to recover through a
17claim filed with the Department of Labor or in a civil action,
18but not both, the amount of any such underpayments and damages
19of 5% of the amount of any such underpayments for each month
20following the date of payment during which such underpayments
21remain unpaid. In a civil action, such employee shall also
22recover costs and all reasonable attorney's fees.
23    (a-5) In addition to the remedies provided in subsections
24(a), (b), and (c) of this Section, any employer or any agent of
25an employer, who, being able to pay wages, final compensation,



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1or wage supplements and being under a duty to pay, willfully
2wilfully refuses to pay as provided in this Act, or falsely
3denies the amount or validity thereof or that the same is due,
4with intent to secure for himself or other person any
5underpayment of such indebtedness or with intent to annoy,
6harass, oppress, hinder, delay or defraud the person to whom
7such indebtedness is due, upon conviction, is guilty of:
8        (1) for unpaid wages, final compensation or wage
9    supplements in the amount of $5,000 or less, a Class B
10    misdemeanor; or
11        (2) for unpaid wages, final compensation or wage
12    supplements in the amount of more than $5,000, a Class A
13    misdemeanor.
14    Each day during which any violation of this Act continues
15shall constitute a separate and distinct offense.
16    Any employer or any agent of an employer who violates this
17Section of the Act a subsequent time within 2 years of a prior
18criminal conviction under this Section is guilty, upon
19conviction, of a Class 4 felony.
20    (b) Any employer who has been demanded or ordered by the
21Department or ordered by the court to pay wages, final
22compensation, or wage supplements due an employee shall be
23required to pay a non-waivable administrative fee to the
24Department of Labor in the amount of $250 if the amount ordered
25by the Department as wages owed is $3,000 or less; $500 if the
26amount ordered by the Department as wages owed is more than



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1$3,000, but less than $10,000; and $1,000 if the amount
2ordered by the Department as wages owed is $10,000 or more. Any
3employer who has been so demanded or ordered by the Department
4or ordered by a court to pay such wages, final compensation, or
5wage supplements and who fails to seek timely review of such a
6demand or order as provided for under this Act and who fails to
7comply within 15 calendar days after such demand or within 35
8days of an administrative or court order is entered shall also
9be liable to pay a penalty to the Department of Labor of 20% of
10the amount found owing and a penalty to the employee of 1% per
11calendar day of the amount found owing for each day of delay in
12paying such wages to the employee. All moneys recovered as
13fees and civil penalties under this Act, except those owing to
14the affected employee, shall be deposited into the Wage Theft
15Enforcement Fund, a special fund which is hereby created in
16the State treasury. Moneys in the Fund may be used for
17enforcement of this Act and for outreach and educational
18activities of the Department related to the recovery of unpaid
19or underpaid compensation and the disbursement of moneys to
20affected parties.
21    (b-5) Penalties and fees under this Section may be
22assessed by the Department and recovered in a civil action
23brought by the Department in any circuit court or in any
24administrative adjudicative proceeding under this Act. In any
25such civil action or administrative adjudicative proceeding
26under this Act, the Department shall be represented by the



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1Attorney General.
2    (c) Any employer, or any agent of an employer, who
3discharges or in any other manner discriminates against any
4employee because that employee has made a complaint to his or
5her employer, to the Director of Labor or his or her authorized
6representative, in a public hearing, or to a community
7organization that he or she has not been paid in accordance
8with the provisions of this Act, or because that employee has
9caused to be instituted any proceeding under or related to
10this Act, or because that employee has testified or is about to
11testify in an investigation or proceeding under this Act, is
12guilty, upon conviction, of a Class C misdemeanor. An employee
13who has been unlawfully retaliated against shall be entitled
14to recover through a claim filed with the Department of Labor
15or in a civil action, but not both, all legal and equitable
16relief as may be appropriate. In a civil action, such employee
17shall also recover costs and all reasonable attorney's fees.
18    (d) Except as provided under subsections (a), (b), and
19(c), an employer who fails to furnish an employee or former
20employee with a pay stub as required by this Act or commits any
21other violation of this Act shall be subject to a civil penalty
22of up to $500 per violation payable to the Department. In
23determining the amount of the penalty under this subsection,
24the Department shall consider the appropriateness of the
25penalty to the size of the business of the employer charged and
26the gravity of the violation.



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1(Source: P.A. 102-50, eff. 7-9-21; 103-182, eff. 6-30-23.)