Bill Amendment: IL HB3405 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GRATUITIES-RETENTION-PROHIBIT
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0509 [HB3405 Detail]
Download: Illinois-2019-HB3405-Senate_Amendment_001.html
Bill Title: GRATUITIES-RETENTION-PROHIBIT
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0509 [HB3405 Detail]
Download: Illinois-2019-HB3405-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3405
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2 | AMENDMENT NO. ______. Amend House Bill 3405 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Wage Payment and Collection Act is | ||||||
5 | amended by changing Section 11 and by adding Section 4.1 as | ||||||
6 | follows:
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7 | (820 ILCS 115/4.1 new) | ||||||
8 | Sec. 4.1. Gratuities. | ||||||
9 | (a) Gratuities to employees are the property of the
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10 | employees, and employers shall not keep gratuities. Failure to
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11 | pay gratuities owed to an employee more than 13 days after the
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12 | end of the pay period in which such gratuities were earned
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13 | constitutes a violation of this Act. | ||||||
14 | (b) This Section does not prohibit an employer from
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15 | withholding from gratuities paid by credit card a proportionate
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16 | amount of any credit card processing fees that the employer
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1 | must pay in connection with the transaction, provided that the
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2 | amount withheld does not exceed the proportion of the amount of
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3 | the tip to the amount of the overall bill, regardless of
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4 | whether the overall bill was paid using a credit card. This
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5 | Section does not prohibit tip pooling as permitted by law. This
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6 | Section does not affect an employer's entitlement to an
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7 | allowance for gratuities to the extent permitted under
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8 | subsection (c) of Section 4 of the Minimum Wage Law.
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9 | (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
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10 | Sec. 11. It shall be the duty of the Department of Labor to | ||||||
11 | inquire diligently
for any violations of this Act, and to | ||||||
12 | institute the actions for penalties
herein provided, and to | ||||||
13 | enforce generally the provisions of this Act.
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14 | An employee may file a complaint with the Department | ||||||
15 | alleging violations of the Act by submitting a signed, | ||||||
16 | completed wage claim application on the form provided by the | ||||||
17 | Department and by submitting copies of all supporting | ||||||
18 | documentation. Complaints shall be filed within one year after | ||||||
19 | the wages, final compensation, or wage supplements were due. | ||||||
20 | Applications shall be reviewed by the Department to | ||||||
21 | determine whether there is cause for investigation.
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22 | The Department shall have the following powers:
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23 | (a) To investigate and attempt equitably to adjust | ||||||
24 | controversies between
employees and employers in respect | ||||||
25 | of wage claims arising under this Act
and to that end the |
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1 | Department through the Director of Labor or any other
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2 | person in the Department of Labor designated by him or her, | ||||||
3 | shall have the
power to administer oaths, subpoena and | ||||||
4 | examine witnesses, to issue subpoenas
duces tecum | ||||||
5 | requiring the production of such books, papers, records and
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6 | documents as may be evidence of any matter under inquiry | ||||||
7 | and to examine and
inspect the same as may relate to the | ||||||
8 | question in dispute. Service of such
subpoenas shall be | ||||||
9 | made by any sheriff or any person. Any
court in this State, | ||||||
10 | upon the application of the Department
may compel | ||||||
11 | attendance of witnesses, the
production of books and | ||||||
12 | papers, and the giving of testimony before the
Department | ||||||
13 | by attachment for contempt or in any other way as the | ||||||
14 | production
of evidence may be compelled before such court.
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15 | (b) To take assignments of wage claims in the name of | ||||||
16 | the Director of
Labor and his or her successors in office | ||||||
17 | and prosecute actions for the
collection of wages for | ||||||
18 | persons financially unable to prosecute such claims when in
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19 | the judgment of the Department such claims are valid and | ||||||
20 | enforceable in the
courts. No court costs or any fees for | ||||||
21 | necessary process and
proceedings shall be payable in | ||||||
22 | advance by the Department for prosecuting
such actions. In | ||||||
23 | the event there is a judgment rendered against the
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24 | defendant, the court shall assess as part of such judgment | ||||||
25 | the costs of
such proceeding. Upon collection of such | ||||||
26 | judgments the Department shall pay
from the proceeds of |
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1 | such judgment such costs to such person who is by law
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2 | entitled to same. The Department may join in a single | ||||||
3 | proceeding any number
of wage claims against the same | ||||||
4 | employer but the court shall have
discretionary power to | ||||||
5 | order a severance or separate trial for hearings.
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6 | (c) To make complaint in any court of competent | ||||||
7 | jurisdiction of
violations of this Act.
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8 | (d) In addition to the aforementioned powers, subject | ||||||
9 | to appropriation, the Department may establish an | ||||||
10 | administrative procedure to adjudicate claims and to issue | ||||||
11 | final and binding administrative decisions on such claims | ||||||
12 | subject to the Administrative Review Law. To establish such | ||||||
13 | a procedure, the Director of Labor or her or his authorized | ||||||
14 | representative may promulgate rules and regulations. The | ||||||
15 | adoption, amendment or rescission of rules and regulations | ||||||
16 | for such a procedure shall be in conformity with the | ||||||
17 | requirements of the Illinois Administrative Procedure Act. | ||||||
18 | If a final and binding administrative decision issued by | ||||||
19 | the Department requires an employer or other party to pay | ||||||
20 | wages, penalties, or other amounts in connection with a | ||||||
21 | wage claim, and the employer or other party has neither: | ||||||
22 | (i) made the required payment within 35 days of the | ||||||
23 | issuance of the final and binding administrative decision; | ||||||
24 | nor (ii) timely filed a complaint seeking review of the | ||||||
25 | final and binding administrative decision pursuant to the | ||||||
26 | Administrative Review Law in a court of competent |
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1 | jurisdiction, the Department may file a verified petition | ||||||
2 | against the employer or other party to enforce the final | ||||||
3 | administrative decision and to collect any amounts due in | ||||||
4 | connection therewith in the circuit court of any county | ||||||
5 | where an official office of the Department is located. | ||||||
6 | Nothing herein shall be construed to prevent any employee | ||||||
7 | from making
complaint or prosecuting his or her own claim for | ||||||
8 | wages. Any employee aggrieved by a violation of this Act or any | ||||||
9 | rule adopted under this Act may file suit in circuit court of | ||||||
10 | Illinois, in the county where the alleged violation occurred or | ||||||
11 | where any employee who is party to the action resides, without | ||||||
12 | regard to exhaustion of any alternative administrative | ||||||
13 | remedies provided in this Act. Actions may be brought by one or | ||||||
14 | more employees for and on behalf of themselves and other | ||||||
15 | employees similarly situated.
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16 | Nothing herein shall be construed to limit the authority of | ||||||
17 | the State's
attorney of any county to prosecute actions for | ||||||
18 | violation of this Act or
to enforce the provisions thereof | ||||||
19 | independently and without specific direction
of the Department | ||||||
20 | of Labor.
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21 | (Source: P.A. 98-527, eff. 1-1-14.)".
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