Public Act 101-0509
 
HB3405 EnrolledLRB101 08167 JLS 53233 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Wage Payment and Collection Act is 
amended  by changing Section 11 and  by adding Section 4.1 as 
follows:
 
    (820 ILCS 115/4.1 new)
    Sec. 4.1. Gratuities.
    (a) Gratuities to employees are the property of the

employees, and employers shall not keep gratuities. Failure to

pay gratuities owed to an employee more than 13 days after the

end of the pay period in which such gratuities were earned

constitutes a violation of this Act.
    (b) This Section does not prohibit an employer from

withholding from gratuities paid by credit card a proportionate

amount of any credit card processing fees that the employer

must pay in connection with the transaction, provided that the

amount withheld does not exceed the proportion of the amount of

the tip to the amount of the overall bill, regardless of

whether the overall bill was paid using a credit card. This

Section does not prohibit tip pooling as permitted by law. This

Section does not affect an employer's entitlement to an

allowance for gratuities to the extent permitted under

subsection (c) of Section 4 of the Minimum Wage Law.
 



    (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)



    Sec. 11. It shall be the duty of the Department 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 in the Department of Labor designated by him or her, 
    shall have the
power to administer oaths, subpoena and 
    examine witnesses, to issue subpoenas
duces tecum 
    requiring the production of such books, papers, records and

    documents as may be evidence of any matter under inquiry 
    and to examine and
inspect the same as may relate to the 
    question in dispute.  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 be compelled before such court.

        (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 such claims are valid and 
    enforceable in the
courts.  No court costs or any fees for 
    necessary process and
proceedings shall be payable in 
    advance by the Department for prosecuting
such 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. 
    If a final and binding administrative decision issued by 
    the Department 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 
    connection therewith in the circuit court of any county 
    where an official office of the Department is located.
    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 to exhaustion of any alternative administrative 
remedies provided in this Act. Actions may be brought by one or 
more employees for and on behalf of themselves and other 
employees similarly situated. 

    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.

(Source: P.A. 98-527, eff. 1-1-14.)