Illinois General Assembly - Illinois Compiled Statutes

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820 ILCS 115/4.1

    (820 ILCS 115/4.1)
    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.

(Source: P.A. 101-509, eff. 1-1-20.)