Full Text of SB2347 102nd General Assembly
SB2347 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2347 Introduced 2/26/2021, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
| 820 ILCS 115/2 | from Ch. 48, par. 39m-2 |
|
Amends the Illinois Wage Payment and Collection Act. Excludes from the scope of the term "employee" individuals performing services as real estate licensees paid by commission only pursuant to a written agreement as required by the Real Estate License Act of 2000.
|
| |
| | A BILL FOR |
|
| | | SB2347 | | LRB102 16845 JLS 22251 b |
|
| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Wage Payment and Collection Act is | 5 | | amended by changing Section 2 as follows:
| 6 | | (820 ILCS 115/2) (from Ch. 48, par. 39m-2)
| 7 | | Sec. 2. For all employees, other than separated employees, | 8 | | "wages"
shall be defined as any compensation owed an employee | 9 | | by an employer pursuant
to an employment contract or agreement | 10 | | between the 2 parties, whether
the amount is determined on a | 11 | | time, task, piece, or any other basis of
calculation. Payments | 12 | | to separated employees shall be termed "final
compensation" | 13 | | and shall be defined as wages, salaries, earned commissions,
| 14 | | earned bonuses, and the monetary equivalent of earned vacation | 15 | | and earned
holidays, and any other compensation owed the | 16 | | employee by the employer pursuant
to an employment contract or | 17 | | agreement between the 2 parties. Where an
employer is legally | 18 | | committed through a collective bargaining agreement
or | 19 | | otherwise to make contributions to an employee benefit, trust | 20 | | or fund on
the basis of a certain amount per hour, day, week or | 21 | | other period of time,
the amount due from the employer to such | 22 | | employee benefit, trust, or fund
shall be defined as "wage | 23 | | supplements", subject to the wage collection
provisions of |
| | | SB2347 | - 2 - | LRB102 16845 JLS 22251 b |
|
| 1 | | this Act.
| 2 | | As used in this Act, the term "employer" shall include any | 3 | | individual,
partnership, association, corporation, limited | 4 | | liability company, business trust, employment and
labor | 5 | | placement agencies where wage payments are made
directly or | 6 | | indirectly by the agency or business for work undertaken by
| 7 | | employees under hire to a third party pursuant to a contract | 8 | | between the
business or agency with the third party, or any | 9 | | person or group of
persons acting directly or indirectly in | 10 | | the interest of an employer in
relation to an employee, for | 11 | | which one or more persons is gainfully employed.
| 12 | | As used in this Act, the term "employee" shall include any | 13 | | individual
permitted to work by an employer in an occupation, | 14 | | but shall not include any
individual:
| 15 | | (1) who has been and will continue to be free from | 16 | | control and direction
over the performance of his work, | 17 | | both under his contract of service with his
employer and | 18 | | in fact; and
| 19 | | (2) who performs work which is either outside the | 20 | | usual course of business
or is performed outside all of | 21 | | the places of business of the employer unless
the employer | 22 | | is in the business of contracting with third parties for | 23 | | the
placement of employees; and
| 24 | | (3) who is in an independently established trade, | 25 | | occupation, profession
or business.
| 26 | | "Employee" does not include individuals performing |
| | | SB2347 | - 3 - | LRB102 16845 JLS 22251 b |
|
| 1 | | services as real estate licensees when such licensees are paid | 2 | | by commission only pursuant to a written agreement as required | 3 | | by the Real Estate License Act of 2000. | 4 | | The following terms apply to an employer's use of payroll | 5 | | cards to pay wages to an employee under the requirements of | 6 | | this Act: | 7 | | "Payroll card" means a card provided to an employee by an | 8 | | employer or other payroll card issuer as a means of accessing | 9 | | the employee's payroll card account. | 10 | | "Payroll card account" means an account that is directly | 11 | | or indirectly established through an employer and to which | 12 | | deposits of a participating employee's wages are made. | 13 | | "Payroll card issuer" means a bank, financial institution, | 14 | | or other entity that issues a payroll card to an employee under | 15 | | an employer payroll card program. | 16 | | (Source: P.A. 98-862, eff. 1-1-15 .)
|
|