Full Text of HB5345 103rd General Assembly
HB5345ham001 103RD GENERAL ASSEMBLY | Rep. Elizabeth "Lisa" Hernandez Filed: 3/19/2024 | | 10300HB5345ham001 | | LRB103 38149 SPS 71155 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5345
| 2 | | AMENDMENT NO. ______. Amend House Bill 5345 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title; references to Act. | 5 | | (a) Short title. This Act may be cited as the High Road | 6 | | Restaurant Program Act. | 7 | | (b) References to Act. This Act may be referred to as the | 8 | | One Fair Wage with Tips on Top Act. | 9 | | Section 5. High Road Restaurant Program. | 10 | | (a) The Department of Commerce and Economic Opportunity | 11 | | shall create the High Road Restaurant Program to recognize | 12 | | restaurants that voluntarily take no allowance for gratuities | 13 | | under subsection (c) of the Minimum Wage Law. | 14 | | (b) To qualify for recognition as a High Road Restaurant | 15 | | under the program, an owner of a restaurant must certify, on a | 16 | | form created by the Department, that the restaurant has |
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| 1 | | satisfied the following requirements: | 2 | | (1) that it takes no allowance for gratuities under | 3 | | subsection (c) of Section 4 of the Minimum Wage Law; | 4 | | (2) that all of the restaurant's owners and employees | 5 | | have completed an equity training program approved by the | 6 | | Department under Section 10; and | 7 | | (3) that it has not been found to have violated the | 8 | | Illinois Wage Payment and Collection Act or the Minimum | 9 | | Wage Law by the Department of Labor or a court within the | 10 | | prior 3 years. | 11 | | Section 10. Equity training program. The Department of | 12 | | Commerce and Economic Opportunity shall approve an equity | 13 | | training program that trains restaurant owners and employees | 14 | | on how to achieve equity among employees in the restaurant | 15 | | while maintaining profitability and eliminating the subminimum | 16 | | wage for workers who have customarily received gratuities. To | 17 | | develop the content of the training and provide the training, | 18 | | the Department may work with non-profit organizations with an | 19 | | established history of working toward the goal of a full | 20 | | minimum wage plus gratuities for employees who have | 21 | | customarily received gratuities, eliminating the subminimum | 22 | | wage for such employees, and with a history of advancing | 23 | | racial equity in restaurants. The Director of Commerce and | 24 | | Economic Opportunity shall have the authority to approve any | 25 | | equity training program under this Section and certify any |
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| 1 | | organization to provide the training that meets the criteria | 2 | | described in this Section. Under no circumstances may a | 3 | | restaurant owner charge an employee a fee for participation in | 4 | | an equity training program. For purposes of this Section, | 5 | | "equity" means efforts, regulations, policies, programs, | 6 | | standards, processes, and any other functions of government or | 7 | | principles of law and governance intended to: (1) identify and | 8 | | remedy past and present patterns of discrimination or | 9 | | inequality, and disparities in outcome; (2) ensure that | 10 | | patterns of discrimination, inequality, and disparities in | 11 | | outcome, whether intentional or unintentional, are neither | 12 | | reinforced nor perpetuated; and (3) prevent the emergence and | 13 | | persistence of foreseeable future patterns of discrimination | 14 | | against or disparities in outcome against minority persons, as | 15 | | that term is defined in Section 2 of the Business Enterprise | 16 | | for Minorities, Women, and Persons with Disabilities Act. | 17 | | Section 15. Benefits of program membership. The Department | 18 | | of Commerce and Economic Opportunity shall certify restaurants | 19 | | participating in the High Road Restaurant Program that satisfy | 20 | | the requirements described in subsection (b) of Section 5 and | 21 | | provide those restaurants with the following benefits: | 22 | | (1) issuing the owner of a restaurant a certificate | 23 | | identifying the restaurant as a certified High Road | 24 | | Restaurant, that may be posted inside of the restaurant; | 25 | | (2) be listed on the Department's website as a |
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| 1 | | certified High Road Restaurant; and | 2 | | (3) provide access to zero interest loans to assist | 3 | | with the restaurant's participation in the High Road | 4 | | Restaurant Program, subject to appropriation. | 5 | | Section 20. Revocation of certification under the program. | 6 | | (a) Upon a finding that a restaurant certified under this | 7 | | Act has committed a substantial violation of the Illinois Wage | 8 | | Payment and Collection Act or the Minimum Wage Law, the | 9 | | Department of Commerce and Economic Opportunity shall revoke | 10 | | the certification as soon as practicable. Upon written notice | 11 | | of the revocation of the certification, the restaurant shall | 12 | | be removed from the Department's website and shall not be | 13 | | permitted to display any previously issued High Road | 14 | | Restaurant certification. | 15 | | (b) The Department shall fine any restaurant that violates | 16 | | any provision of this Act up to $1,500 per day for each | 17 | | violation, payable to the Department of Commerce and Economic | 18 | | Opportunity to administer and enforce this Act. | 19 | | Section 25. Rulemaking. The Department of Commerce and | 20 | | Economic Opportunity may adopt rules to implement and enforce | 21 | | the provisions of this Act. | 22 | | Section 30. Repeal. This Act is repealed on January 1, | 23 | | 2028. |
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| 1 | | Section 90. The Minimum Wage Law is amended by changing | 2 | | Sections 3, 4, and 9 and by adding Section 12.1 as follows: | 3 | | (820 ILCS 105/3) (from Ch. 48, par. 1003) | 4 | | Sec. 3. As used in this Act: | 5 | | (a) "Director" means the Director of the Department of | 6 | | Labor, and "Department" means the Department of Labor. | 7 | | (b) "Wages" means compensation due to an employee by | 8 | | reason of his employment, including allowances determined by | 9 | | the Director in accordance with the provisions of this Act for | 10 | | gratuities and, when furnished by the employer, for meals and | 11 | | lodging actually used by the employee. | 12 | | (c) "Employer" includes any individual, partnership, | 13 | | association, corporation, limited liability company, business | 14 | | trust, governmental or quasi-governmental body, or any person | 15 | | or group of persons acting directly or indirectly in the | 16 | | interest of an employer in relation to an employee, for which | 17 | | one or more persons are gainfully employed on some day within a | 18 | | calendar year. An employer is subject to this Act in a calendar | 19 | | year on and after the first day in such calendar year in which | 20 | | he employs one or more persons, and for the following calendar | 21 | | year. | 22 | | (d) "Employee" includes any individual permitted to work | 23 | | by an employer in an occupation, and includes, notwithstanding | 24 | | subdivision (1) of this subsection (d), one or more domestic |
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| 1 | | workers as defined in Section 10 of the Domestic Workers' Bill | 2 | | of Rights Act, but does not include any individual permitted | 3 | | to work: | 4 | | (1) For an employer employing fewer than 4 employees | 5 | | exclusive of the employer's parent, spouse or child or | 6 | | other members of his immediate family. | 7 | | (2) As an employee employed in agriculture or | 8 | | aquaculture (A) if such employee is employed by an | 9 | | employer who did not, during any calendar quarter during | 10 | | the preceding calendar year, use more than 500 man-days of | 11 | | agricultural or aquacultural labor, (B) if such employee | 12 | | is the parent, spouse or child, or other member of the | 13 | | employer's immediate family, (C) if such employee (i) is | 14 | | employed as a hand harvest laborer and is paid on a piece | 15 | | rate basis in an operation which has been, and is | 16 | | customarily and generally recognized as having been, paid | 17 | | on a piece rate basis in the region of employment, (ii) | 18 | | commutes daily from his permanent residence to the farm on | 19 | | which he is so employed, and (iii) has been employed in | 20 | | agriculture less than 13 weeks during the preceding | 21 | | calendar year, (D) if such employee (other than an | 22 | | employee described in clause (C) of this subparagraph): | 23 | | (i) is 16 years of age or under and is employed as a hand | 24 | | harvest laborer, is paid on a piece rate basis in an | 25 | | operation which has been, and is customarily and generally | 26 | | recognized as having been, paid on a piece rate basis in |
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| 1 | | the region of employment, (ii) is employed on the same | 2 | | farm as his parent or person standing in the place of his | 3 | | parent, and (iii) is paid at the same piece rate as | 4 | | employees over 16 are paid on the same farm. | 5 | | (3) (Blank). | 6 | | (4) As an outside salesman. | 7 | | (5) As a member of a religious corporation or | 8 | | organization. | 9 | | (6) At an accredited Illinois college or university | 10 | | employed by the college or university at which he is a | 11 | | student who is covered under the provisions of the Fair | 12 | | Labor Standards Act of 1938, as heretofore or hereafter | 13 | | amended. | 14 | | (7) For a motor carrier and with respect to whom the | 15 | | U.S. Secretary of Transportation has the power to | 16 | | establish qualifications and maximum hours of service | 17 | | under the provisions of Title 49 U.S.C. or the State of | 18 | | Illinois under Section 18b-105 (Title 92 of the Illinois | 19 | | Administrative Code, Part 395 - Hours of Service of | 20 | | Drivers) of the Illinois Vehicle Code. | 21 | | (8) As an employee employed as a player who is 28 years | 22 | | old or younger, a manager, a coach, or an athletic trainer | 23 | | by a minor league professional baseball team not | 24 | | affiliated with a major league baseball club, if (A) the | 25 | | minor league professional baseball team does not operate | 26 | | for more than 7 months in any calendar year or (B) during |
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| 1 | | the preceding calendar year, the minor league professional | 2 | | baseball team's average receipts for any 6-month period of | 3 | | the year were not more than 33 1/3% of its average receipts | 4 | | for the other 6 months of the year. | 5 | | The above exclusions from the term "employee" may be | 6 | | further defined by regulations of the Director. | 7 | | (e) "Occupation" means an industry, trade, business or | 8 | | class of work in which employees are gainfully employed. | 9 | | (f) "Gratuities" means voluntary monetary contributions to | 10 | | an employee from a guest, patron or customer in connection | 11 | | with services rendered. | 12 | | (g) "Outside salesman" means an employee regularly engaged | 13 | | in making sales or obtaining orders or contracts for services | 14 | | where a major portion of such duties are performed away from | 15 | | his employer's place of business. | 16 | | (h) "Day camp" means a seasonal recreation program in | 17 | | operation for no more than 16 weeks intermittently throughout | 18 | | the calendar year, accommodating for profit or under | 19 | | philanthropic or charitable auspices, 5 or more children under | 20 | | 18 years of age, not including overnight programs. The term | 21 | | "day camp" does not include a "day care agency", "child care | 22 | | facility" or "foster family home" as licensed by the Illinois | 23 | | Department of Children and Family Services. | 24 | | (i) "Interested party" means an organization that monitors | 25 | | or is attentive to compliance with public or worker safety | 26 | | laws, wage and hour requirements, or other statutory |
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| 1 | | requirements. | 2 | | (Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.) | 3 | | (820 ILCS 105/4) (from Ch. 48, par. 1004) | 4 | | Sec. 4. (a)(1) Every employer shall pay to each of his | 5 | | employees in every occupation wages of not less than $2.30 per | 6 | | hour or in the case of employees under 18 years of age wages of | 7 | | not less than $1.95 per hour, except as provided in Sections 5 | 8 | | and 6 of this Act, and on and after January 1, 1984, every | 9 | | employer shall pay to each of his employees in every | 10 | | occupation wages of not less than $2.65 per hour or in the case | 11 | | of employees under 18 years of age wages of not less than $2.25 | 12 | | per hour, and on and after October 1, 1984 every employer shall | 13 | | pay to each of his employees in every occupation wages of not | 14 | | less than $3.00 per hour or in the case of employees under 18 | 15 | | years of age wages of not less than $2.55 per hour, and on or | 16 | | after July 1, 1985 every employer shall pay to each of his | 17 | | employees in every occupation wages of not less than $3.35 per | 18 | | hour or in the case of employees under 18 years of age wages of | 19 | | not less than $2.85 per hour, and from January 1, 2004 through | 20 | | December 31, 2004 every employer shall pay to each of his or | 21 | | her employees who is 18 years of age or older in every | 22 | | occupation wages of not less than $5.50 per hour, and from | 23 | | January 1, 2005 through June 30, 2007 every employer shall pay | 24 | | to each of his or her employees who is 18 years of age or older | 25 | | in every occupation wages of not less than $6.50 per hour, and |
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| 1 | | from July 1, 2007 through June 30, 2008 every employer shall | 2 | | pay to each of his or her employees who is 18 years of age or | 3 | | older in every occupation wages of not less than $7.50 per | 4 | | hour, and from July 1, 2008 through June 30, 2009 every | 5 | | employer shall pay to each of his or her employees who is 18 | 6 | | years of age or older in every occupation wages of not less | 7 | | than $7.75 per hour, and from July 1, 2009 through June 30, | 8 | | 2010 every employer shall pay to each of his or her employees | 9 | | who is 18 years of age or older in every occupation wages of | 10 | | not less than $8.00 per hour, and from July 1, 2010 through | 11 | | December 31, 2019 every employer shall pay to each of his or | 12 | | her employees who is 18 years of age or older in every | 13 | | occupation wages of not less than $8.25 per hour, and from | 14 | | January 1, 2020 through June 30, 2020, every employer shall | 15 | | pay to each of his or her employees who is 18 years of age or | 16 | | older in every occupation wages of not less than $9.25 per | 17 | | hour, and from July 1, 2020 through December 31, 2020 every | 18 | | employer shall pay to each of his or her employees who is 18 | 19 | | years of age or older in every occupation wages of not less | 20 | | than $10 per hour, and from January 1, 2021 through December | 21 | | 31, 2021 every employer shall pay to each of his or her | 22 | | employees who is 18 years of age or older in every occupation | 23 | | wages of not less than $11 per hour, and from January 1, 2022 | 24 | | through December 31, 2022 every employer shall pay to each of | 25 | | his or her employees who is 18 years of age or older in every | 26 | | occupation wages of not less than $12 per hour, and from |
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| 1 | | January 1, 2023 through December 31, 2023 every employer shall | 2 | | pay to each of his or her employees who is 18 years of age or | 3 | | older in every occupation wages of not less than $13 per hour, | 4 | | and from January 1, 2024 through December 31, 2024, every | 5 | | employer shall pay to each of his or her employees who is 18 | 6 | | years of age or older in every occupation wages of not less | 7 | | than $14 per hour; and on and after January 1, 2025, every | 8 | | employer shall pay to each of his or her employees who is 18 | 9 | | years of age or older in every occupation wages of not less | 10 | | than $15 per hour. | 11 | | (2) Unless an employee's wages are reduced under Section | 12 | | 6, then in lieu of the rate prescribed in item (1) of this | 13 | | subsection (a), an employer may pay an employee who is 18 years | 14 | | of age or older, during the first 90 consecutive calendar days | 15 | | after the employee is initially employed by the employer, a | 16 | | wage that is not more than 50˘ less than the wage prescribed in | 17 | | item (1) of this subsection (a); however, an employer shall | 18 | | pay not less than the rate prescribed in item (1) of this | 19 | | subsection (a) to: | 20 | | (A) a day or temporary laborer, as defined in Section | 21 | | 5 of the Day and Temporary Labor Services Act, who is 18 | 22 | | years of age or older; and | 23 | | (B) an employee who is 18 years of age or older and | 24 | | whose employment is occasional or irregular and requires | 25 | | not more than 90 days to complete. | 26 | | (3) At no time on or before December 31, 2019 shall the |
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| 1 | | wages paid to any employee under 18 years of age be more than | 2 | | 50˘ less than the wage required to be paid to employees who are | 3 | | at least 18 years of age under item (1) of this subsection (a). | 4 | | Beginning on January 1, 2025 2020 , every employer shall pay to | 5 | | each of his or her employees who is under 18 years of age that | 6 | | has worked more than 650 hours for the employer during any | 7 | | calendar year a wage not less than the wage required for | 8 | | employees who are 18 years of age or older under paragraph (1) | 9 | | of subsection (a) of Section 4 of this Act. Every employer | 10 | | shall pay to each of his or her employees who is under 18 years | 11 | | of age that has not worked more than 650 hours for the employer | 12 | | during any calendar year: (1) $8 per hour from January 1, 2020 | 13 | | through December 31, 2020; (2) $8.50 per hour from January 1, | 14 | | 2021 through December 31, 2021; (3) $9.25 per hour from | 15 | | January 1, 2022 through December 31, 2022; (4) $10.50 per hour | 16 | | from January 1, 2023 through December 31, 2023; (5) $12 per | 17 | | hour from January 1, 2024 through December 31, 2024; and (6) | 18 | | $13 per hour on and after January 1, 2025. | 19 | | (b) No employer shall discriminate between employees on | 20 | | the basis of sex or mental or physical disability, except as | 21 | | otherwise provided in this Act by paying wages to employees at | 22 | | a rate less than the rate at which he pays wages to employees | 23 | | for the same or substantially similar work on jobs the | 24 | | performance of which requires equal skill, effort, and | 25 | | responsibility, and which are performed under similar working | 26 | | conditions, except where such payment is made pursuant to (1) |
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| 1 | | a seniority system; (2) a merit system; (3) a system which | 2 | | measures earnings by quantity or quality of production; or (4) | 3 | | a differential based on any other factor other than sex or | 4 | | mental or physical disability, except as otherwise provided in | 5 | | this Act. | 6 | | (c) Before January 1, 2025, every Every employer of an | 7 | | employee engaged in an occupation in which gratuities have | 8 | | customarily and usually constituted and have been recognized | 9 | | as part of the remuneration for hire purposes is entitled to an | 10 | | allowance for gratuities as part of the hourly wage rate | 11 | | provided in Section 4, subsection (a) in an amount not to | 12 | | exceed 40% of the applicable minimum wage rate. On and after | 13 | | January 1, 2025, an employer shall not be entitled to an | 14 | | allowance for gratuities and shall pay each employee no less | 15 | | than the applicable minimum wage rate as provided in paragraph | 16 | | (1) of subsection (a). An allowance for gratuities shall only | 17 | | be taken for shifts in which an employee's wages and | 18 | | gratuities combined over that shift result in an average | 19 | | hourly wage rate equal to or greater than the hourly minimum | 20 | | wage provided in paragraph (1) of subsection (a). | 21 | | The Director shall require each employer desiring an | 22 | | allowance for gratuities to provide substantial evidence that | 23 | | the amount claimed, which may not exceed the allowance amount | 24 | | prescribed in this subsection 40% of the applicable minimum | 25 | | wage rate , was received by the employee in the period for which | 26 | | the claim of exemption is made, and no part thereof was |
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| 1 | | returned to the employer , and that the employer provides, at | 2 | | the time of payment, a written accounting of the hourly wages | 3 | | paid, the gratuities earned, and the average hourly | 4 | | remuneration for each shift worked during the pay period. | 5 | | An employer shall not keep any gratuities received by an | 6 | | employee for any purpose or allow a manager or a supervisor to | 7 | | keep any portion of an employee's gratuities, regardless of | 8 | | whether or not the employer takes an allowance for gratuities. | 9 | | Nothing in this subsection shall be construed to prohibit an | 10 | | otherwise valid pooling of gratuities among non-managerial and | 11 | | non-supervisory employees . | 12 | | (d) No camp counselor who resides on the premises of a | 13 | | seasonal camp of an organized not-for-profit corporation shall | 14 | | be subject to the adult minimum wage if the camp counselor (1) | 15 | | works 40 or more hours per week, and (2) receives a total | 16 | | weekly salary of not less than the adult minimum wage for a | 17 | | 40-hour week. If the counselor works less than 40 hours per | 18 | | week, the counselor shall be paid the minimum hourly wage for | 19 | | each hour worked. Every employer of a camp counselor under | 20 | | this subsection is entitled to an allowance for meals and | 21 | | lodging as part of the hourly wage rate provided in Section 4, | 22 | | subsection (a), in an amount not to exceed 25% of the minimum | 23 | | wage rate. | 24 | | (e) A camp counselor employed at a day camp is not subject | 25 | | to the adult minimum wage if the camp counselor is paid a | 26 | | stipend on a onetime or periodic basis and, if the camp |
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| 1 | | counselor is a minor, the minor's parent, guardian or other | 2 | | custodian has consented in writing to the terms of payment | 3 | | before the commencement of such employment. | 4 | | (Source: P.A. 101-1, eff. 2-19-19.) | 5 | | (820 ILCS 105/9) (from Ch. 48, par. 1009) | 6 | | Sec. 9. (a) Every employer subject to any provision of | 7 | | this Act or of any regulations issued under this Act shall keep | 8 | | a summary of this Act approved by the Director, and copies of | 9 | | any applicable regulations issued under this Act or a summary | 10 | | of such regulations, posted in a conspicuous and accessible | 11 | | place in or about the premises wherever any person subject to | 12 | | this Act is employed. Every employer subject to any provision | 13 | | of this Act or any regulations issued under this Act with | 14 | | employees who do not regularly report to a physical workplace, | 15 | | such as employees who work remotely or travel for work, shall | 16 | | also provide the summaries and regulations by email to its | 17 | | employees or conspicuous posting on the employer's website or | 18 | | intranet site, if such site is regularly used by the employer | 19 | | to communicate work-related information to employees and is | 20 | | able to be regularly accessed by all employees, freely and | 21 | | without interference. Employers shall be furnished copies of | 22 | | such summaries and regulations by the State on request without | 23 | | charge. | 24 | | (b) Every employer shall provide each employee who | 25 | | receives gratuities, in writing in English and in the language |
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| 1 | | identified by each employee as the primary language of the | 2 | | employee, at the time of hiring and at any time the employee's | 3 | | compensation changes, a notice containing: | 4 | | (1) the rate or rates of pay and basis thereof, | 5 | | whether paid by the hour, shift, day, week, salary, or | 6 | | other method, including overtime compensation rates for | 7 | | non-exempt employees and allowances claimed as part of the | 8 | | minimum wage, including gratuities; | 9 | | (2) employees' rights to be compensated by their | 10 | | employer at the rate prescribed in subsection (a) of | 11 | | Section 4 when gratuities do not bring the employee to | 12 | | that rate at the end of each shift; | 13 | | (3) employee rights to retain gratuities as described | 14 | | in this Act; and | 15 | | (4) and other relevant employee rights deemed | 16 | | necessary by the Director by rule. | 17 | | The Director shall prepare templates that comply with the | 18 | | notice requirements of this subsection. The template shall | 19 | | include the information required by this subsection in 2 | 20 | | languages, including English and one additional language | 21 | | determined by the Director based on the population of this | 22 | | State that speaks the language and any other factor that the | 23 | | Director deems relevant. | 24 | | (Source: P.A. 103-201, eff. 1-1-24 .) | 25 | | (820 ILCS 105/12.1 new) |
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| 1 | | Sec. 12.1. Civil actions brought by an interested party. | 2 | | (a) Upon a reasonable belief that an employer covered by | 3 | | this Act is in violation of any provision of this Act, an | 4 | | interested party may initiate a civil action in the county | 5 | | where the alleged offenses occurred or where any party to the | 6 | | action resides, asserting that a violation of this Act has | 7 | | occurred, as follows: | 8 | | (1) The interested party submits to the Department of | 9 | | Labor a complaint describing the violation and naming the | 10 | | employer who violated this Act. | 11 | | (2) The Department sends notice of complaint to the | 12 | | named party alleged to have violated this Act and the | 13 | | interested party. The named parties may contest the | 14 | | alleged violation. | 15 | | (3) A named party may contest the alleged violation | 16 | | within 30 days after the receipt of the notice of | 17 | | complaint. If a named party does not respond within 30 day | 18 | | after the receipt of the notice of complaint, the | 19 | | Department shall issue a notice of the right to sue to the | 20 | | interested party in accordance with the requirements | 21 | | described in paragraph (4). | 22 | | (4) The Department shall issue a notice of the right | 23 | | to sue to the interested party if one or more of the | 24 | | following has occurred: | 25 | | (A) the Director has determined that the | 26 | | allegation is unjustified or that the Department does |
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| 1 | | not have jurisdiction over the matter or the parties; | 2 | | or | 3 | | (B) the Director has determined that the | 4 | | allegation is justified or has not made a | 5 | | determination, and either has decided not to exercise | 6 | | jurisdiction over the matter or has concluded | 7 | | administrative enforcement of the matter. | 8 | | (b) If, within 180 days after service of the notice of | 9 | | complaint to the named party and the interested party, the | 10 | | Department has not (i) resolved a contest to the alleged | 11 | | violation as described in paragraph (3) of subsection (a) or | 12 | | (ii) issued a notice of the right to sue to the interested | 13 | | party as described in paragraph (4) of subsection (a), the | 14 | | interested party may initiate a civil action for penalties. | 15 | | The limitations period for the interested party to bring an | 16 | | action for the alleged violation of the Act shall be tolled for | 17 | | the 180-day period and for the period of any mutually agreed | 18 | | extensions. At the end of the 180-day period, or any mutually | 19 | | agreed extensions, the Department shall issue a right to sue | 20 | | letter to the interested party. | 21 | | (c) Any claim or action filed under this Section must be | 22 | | made within 3 years of the alleged conduct resulting in the | 23 | | complaint plus any period for which the limitations period has | 24 | | been tolled. | 25 | | (d) In an action brought under this Section, an interested | 26 | | party may recover against the covered entity any statutory |
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| 1 | | penalties and injunctive relief. An interested party who | 2 | | prevails in a civil action shall receive 10% of any statutory | 3 | | penalties assessed, plus any attorneys' fees and expenses in | 4 | | bringing the action. The remaining 90% of any statutory | 5 | | penalties assessed shall be deposited into the Department's | 6 | | Wage Theft Enforcement Fund. | 7 | | Section 95. The Illinois Wage Payment and Collection Act | 8 | | is amended by changing Section 4.1 as follows: | 9 | | (820 ILCS 115/4.1) | 10 | | Sec. 4.1. Gratuities. | 11 | | (a) Gratuities to employees are the property of the | 12 | | employees, and employers shall not keep gratuities. Failure to | 13 | | pay gratuities owed to an employee more than 13 days after the | 14 | | end of the pay period in which such gratuities were earned | 15 | | constitutes a violation of this Act. | 16 | | (a-5) Any service charge imposed by an employer on a | 17 | | customer shall be a gratuity as described in subsection (a) | 18 | | and is the property of the employees. An employer who imposes a | 19 | | bona fide service charge on a customer shall explicitly and | 20 | | conspicuously disclose to the consumer that all funds | 21 | | generated from the service charge are directly given to the | 22 | | employees in the form of a gratuity. | 23 | | (b) No employer shall withhold This Section does not | 24 | | prohibit an employer from withholding from gratuities paid by |
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| 1 | | credit card a proportionate amount of any credit card | 2 | | processing fees that the employer must pay in connection with | 3 | | the transaction , provided that the amount withheld does not | 4 | | exceed the proportion of the amount of the tip to the amount of | 5 | | the overall bill, regardless of whether the overall bill was | 6 | | paid using a credit card . This Section does not prohibit tip | 7 | | pooling as permitted by law. This Section does not affect an | 8 | | employer's entitlement to an allowance for gratuities to the | 9 | | extent permitted under subsection (c) of Section 4 of the | 10 | | Minimum Wage Law. | 11 | | (Source: P.A. 101-509, eff. 1-1-20 .) | 12 | | Section 999. Effective date. This Act takes effect upon | 13 | | becoming law.". |
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