TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.100 PURPOSE AND SCOPE
Section 320.100 Purpose and Scope
This Part shall apply to actions arising under the Equal Pay
Act of 2003 [820 ILCS 112] administered under the jurisdiction of the Director
of the Illinois Department of Labor and the Illinois Department of Labor.
(Source: Amended at 47 Ill. Reg. 155,
effective December 22, 2022)
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.110 APPLICATION OF THE ACT
Section 320.110 Application of the Act
In areas where the State and federal government have
concurrent powers under their respective statute, the stricter of the two laws
shall prevail.
(Source: Amended at 47 Ill. Reg. 155,
effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.120 DEFINITIONS
Section 320.120 Definitions
“Act” means the Equal Pay Act of
2003 [820 ILCS 112].
"Authorized agent" means
an employee of a business with knowledge of pay practices and who has been
designated by the corporate officers of the business to submit information to
the Department as required by the Act. Authorized agent does not include any
outside or third-party consultant or vendor who serves the business.
"Average compensation"
means the average wages for a specific occupation in the State of Illinois as
determined by the most recent U.S. Bureau of Labor Statistics State
Occupational Employment and Wage Estimates publication.
“Complaint” means an allegation of
a violation of the Act filed with or initiated by the Department.
“Complainant” means a person who
files a complaint, including the Department in cases initiated by the
Department.
“Department” means the Illinois
Department of Labor. [820 ILCS 112/5]
“Director” means the Director
of the Illinois Department of Labor or a duly authorized representative
of the Director. [820 ILCS 112/5]
“Effort” means the physical or
mental exertion needed for the performance of a job. Job factors that cause
mental fatigue and stress, as well as those factors that alleviate fatigue, are
to be considered in determining the effort required for the job. Effort
encompasses the total requirements of the job. Occasional or sporadic
performance of an activity that may require extra physical or mental exertion
is not alone sufficient to justify a finding of unequal or equal effort.
“Employee” means any
individual permitted to work by an employer. [820 ILCS 112/5]
“Employer” means an
individual, partnership, corporation, association, business, trust, person, or
entity for whom 4 or more employees are gainfully employed in Illinois and includes the State of Illinois, any State officer, department, or agency, any
unit of local government, and any school district. [820 ILCS 112/5]
“Equal Pay Registration
Certificate” means a certificate issued by the Department to a business in
accordance with the requirements of Section 11 of the Act.
"Filing year" means any
calendar year in which a business is due to submit its Equal Pay Registration
Certificate application, as determined by the due date assigned to the business
by the Department, whether the business is applying for its initial
certification or a recertification. The filing year is the year immediately
after the payroll year.
“Merit system” means an
established, bona fide, uniform and objective system that rewards an employee
with promotion, bonus, increased pay or other advantages based on competence,
expertise, proficiency and human relations.
"Minority" means a
minority person as defined in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act. [30 ILCS 575]
"Payroll year" means the
complete calendar year (January 1-December 31) upon which the payroll data in
the business' Equal Pay Registration Certificate application is based. The
payroll year is the year immediately preceding the filing year.
“Respondent” means an employer
against whom a complaint is filed.
“Responsibility” means the degree
of accountability required in the performance of a job. Minor or occasional
responsibility added to an employee’s duties that are not of significant
consequence or importance will not justify a finding of unequal or equal
responsibility.
“Seniority system” means a system
that gives preference to employees based on years of service.
“Similar working conditions” means
the surroundings and hazards, including the frequency and intensity of such
conditions. Surroundings measure the elements, such as toxic chemicals or
fumes, regularly encountered by an employee. Hazards take into account the
physical hazards regularly encountered by an employee. Slight or
inconsequential differences in working conditions that are not usually taken
into account by employers or in collective bargaining in setting wage rates do
not justify a differential in pay. The method used for testing this
requirement is flexible. The mere fact that jobs are in different departments
of a workplace or performed in different locations will not necessarily mean
that the jobs are performed under dissimilar working conditions.
“Skill” means experience,
training, education and ability. Possession of a skill not needed to meet the
requirements of the job cannot be considered in making a determination
regarding equality of skill.
“Substantially similar work” means
comparable work on jobs with comparable requirements related to equal skill,
effort and responsibility. Substantially similar is not dependent on a job
classification or title but depends rather on actual job requirements and
genuine differences in how work is performed.
“Wages”, means any compensation
made to an employee as remuneration for employment regardless of whether paid
periodically or deferred until a later date. Compensation includes but is not
limited to: wages, salary, vacation pay, sick leave, holiday pay, overtime pay,
premium pay, and other benefits such as health insurance, life insurance,
disability insurance, commission, draw payments, pension and profit sharing,
expenses, bonus, uniform cleaning allowance, hotel accommodations, use of
vehicle, gasoline allowance, cafeteria plan and educational benefits.
“Workplace” means a distinct
physical place of business rather than an entire business or enterprise that
may include several separate places of business.
(Source: Amended at 47 Ill. Reg. 155,
effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.130 INDEPENDENT CONTRACTOR EXEMPTION
Section 320.130 Independent Contractor Exemption
a) As used in this Part,
the term “employee” shall not include any individual:
1) who
has been and will continue to be free from control and direction over the
performance of the individual’s work, both under the contract of service with
the employer and in fact; and
2) who
performs work that is either outside the usual course of business or is
performed outside all the places of business of the employer unless the
employer is in the business of contracting with third parties for the placement
of employees; and
3) who
is an independently established trade, occupation, profession or business.
b) “Control”
means the existence of general control or right to general control, even though
the details of the work are left to an individual’s judgment.
c) “An
independently established trade, occupation, profession or business” means the
individual performing the services has a proprietary interest in such business,
to the extent that the individual operates the business without hindrance from
any other person and as the enterprise’s owner, may sell or otherwise transfer
the business.
d) All
three conditions in subsection (a) must be satisfied for the independent
contractor exemption to apply.
e) An
individual may be an employee without being entirely dependent upon the
relationship with a specified employer for the individual's livelihood. An
individual engaged in other occupations may be an employee of a specified
employer even though the individual only worked intermittently or part time.
f) In
determining whether the exemption applies, the Department shall consider the
actual, rather than the alleged, relationship between a respondent and
complainant. Designations and terminology used by the parties, as well as the
individual's status for tax purposes, are not controlling.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.140 RECORDKEEPING REQUIREMENTS
Section 320.140 Recordkeeping Requirements
a) An
employer subject to any provision of the Act shall make and preserve records
that document the name, address, and occupation of each employee; the wages
paid to each employee and any other forms of compensation provided by the
employer; dates of hire, dates of promotion, dates of pay increases, and dates
any other compensation was provided by the employer, if applicable, for each
employee; and payroll records.
b) The
employer shall also preserve any records made in the regular course of the
business operation related to personnel records, employee qualifications for hire,
promotion, transfer, discharge or other disciplinary action, wage rates, skills
testing certifications, job evaluations, job descriptions, merit systems,
seniority systems, written job offers, individual employment contracts,
collective bargaining agreements, description of practices or other matters that
describe or explain the basis for payment of any wage differential between employees
of the opposite sex or the basis for payment of wages to any employee who is
African-American at a rate less than the rate paid to employees who are not
African-American by the same employer and that may be pertinent to a
determination whether the differential or lower wage payment is based on a
factor other than sex or race.
c) The
records required by subsections (a) and (b) shall be preserved and maintained
for a period of not less than 5 years unless the records relate to an ongoing
investigation or enforcement action under the Act, in which case the records
must be maintained until their destruction is authorized by the Department or
by court order.
(Source: Amended at 47 Ill.
Reg. 155, effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.150 INCORPORATED AND REFERENCED MATERIALS
Section 320.150 Incorporated and Referenced Materials
The following regulations and standards are incorporated in
this Part. All incorporations by reference refer to the regulations, guidelines
and standards on the date specified and do not include any editions or
amendments subsequent to the date specified.
a) Federal
Regulations and Publications
1) U.S.
Bureau of Labor Statistics Standard Occupational Classification (SOC) System
Revision for 2018, April 15, 2020.
2) 29
CFR 1602.7 through 1602.14, July 26, 1991.
3) 41
CFR 60-1.7(a), December 22, 1997.
b) The
following State statutes and rules are referenced in this Part:
1) The Freedom of
Information Act [5 ILCS 140]
2) The Equal Pay Act of
2003 [820 ILCS 112]
3) The Illinois Income Tax
Act [35 ILCS 5]
4) The
Business Enterprise for Minorities, Women, and Persons with Disabilities Act
[30 ILCS 575]
5) The Illinois Human
Rights Act [775 ILCS 5]
6) The Equal Wage Act [820
ILCS 110]
7) The Illinois
Administrative Procedure Act [5 ILCS 100/Art. 10]
8) Rules
of Procedure in Administrative Hearings (56 Ill. Adm. Code 120)
9) Joint
Rules of the Department of Labor and Department of Human Rights: Rules on
Investigation of Equal Pay Act Cases (56 Ill. Adm. Code 325)
c) The
following federal laws are referenced in this Part:
1) 29 U.S.C. 2
2) Title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et seq.)
3) The Equal Pay Act of
1963 (29 U.S.C. 201 et seq.)
(Source: Added
at 47 Ill. Reg. 155, effective December 22, 2022)
SUBPART B: COMPLAINT
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.200 PERSONS WHO MAY FILE A COMPLAINT
Section 320.200 Persons Who May File a Complaint
An employee or former employee may file a complaint alleging
a violation of the Act by submitting a signed, completed complaint form. The
Department may also initiate an investigation.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.210 CONTENTS AND TIME LIMIT FOR FILING
Section 320.210 Contents and Time Limit for Filing
a) A
complaint shall be in such detail as to substantially apprise the parties of
the dates, place and facts with respect to the alleged violation of the Act.
Each complaint shall contain the following information:
1) the
full name and address of the complainant;
2) the full name and
address of each respondent;
3) a
statement of the facts alleged to constitute a violation under the Act,
including the dates and place of the alleged violation;
4) a
statement of each specific harm the complainant has suffered as a consequence
of the alleged violation;
5) complainant's
signature, including date of signing; and
6) a
statement as to any other action, civil or criminal, instituted in any other
forum, and as to any pending administrative proceeding based on the same
violation as alleged in the complaint, together with a statement as to the
status or disposition of the other action.
b) All
complaints and amendments shall be filed by U.S. mail or personal delivery with
the Department's Chicago office within one year from the date of the underpayment.
The complaint shall be deemed filed as of the date of the postmark or as it is
date stamped as received by the Department.
c) Any
complaint that fails to meet all the requirements set forth in subsection (a)
may be accepted if it otherwise contains the information determined to be
necessary for a proper investigation and review of the alleged violation
contained in the complaint.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.220 CONFIDENTIALITY
Section 320.220 Confidentiality
While the case is pending at the administrative level, the
identity of the complainant shall be kept confidential unless the complainant
requests otherwise. This confidentiality provision does not apply in cases
alleging retaliatory discharge or retaliatory discrimination under the Act, or
to matters referred to the Department of Human Rights for an investigation
under Section 15(d) of the Act.
(Source: Amended at 40 Ill. Reg. 229,
effective December 21, 2015)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.230 INCOMPLETE COMPLAINT
Section 320.230 Incomplete Complaint
If the Department receives a written complaint from an
individual that complies substantially with Section 320.210 but is lacking an
element that still must be provided, the Department may accept and docket the
complaint as an incomplete complaint. The Department shall notify the
complainant in writing of the elements that must be supplied. If the
complainant fails or refuses to perfect the complaint within 30 calendar days,
the complaint may be dismissed pursuant to Section 320.500.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.240 AMENDMENT OF COMPLAINT
Section 320.240 Amendment of Complaint
a) A
complaint may be amended to cure technical defects or to set forth additional
facts or allegations related to the subject matter of the original complaint. The
amendments, if timely filed pursuant to Section 320.210, shall relate back to
the original filing date.
b) A
complaint may be amended to substitute or name additional respondents. The
amendment shall relate back to the original filing date, if timely filed
pursuant to Section 320.210, and if at the time of the amendment a separate
complaint could have been timely filed against the additional respondent or the
additional respondent had timely notice of the original complaint and the fact
that it might be involved in that complaint. Mere misnomer of a party may be
cured at any time.
c) If a
party dies while the proceedings are pending, the complaint may be amended to
substitute the legal representative, or any other person with a legally
recognized interest in the decedent's estate, for the deceased.
d) The
Department shall provide notice of the substance of any amendment to a
complaint to all parties.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.250 WITHDRAWAL OF COMPLAINT
Section 320.250 Withdrawal of Complaint
A complaint may be withdrawn at any time prior to issuance
of a notice dismissing the complaint or filing of a court action based on the
complaint. A complainant’s request to withdraw a complaint shall be in writing
and signed by the complainant and shall specifically reference the Department’s
complaint number. The Department shall grant the request if it is shown that
the request is made voluntarily. After the Department’s review of the
withdrawal request, the complaint may be closed and the Department will notify
all parties in writing. Withdrawal does not preclude the Department from
pursuing a complaint on its own motion based on the same facts.
SUBPART C: PROCEDURE UPON COMPLAINT AND DECISION
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.300 JURISDICTION
Section 320.300 Jurisdiction
a) At
the time of filing, the Department shall determine initially whether the
allegations in the complaint sufficiently state a claim under the Act so that
the Department can proceed with the investigation.
b) If,
at the time of filing, or at any subsequent time, it is determined that there
is a lack of jurisdiction, the complaint shall be dismissed. All parties shall
be notified of the dismissal pursuant to Section 320.500.
c) If,
at the time of filing, or at any subsequent time while the matter is pending
with the Department of Labor, it is determined that the subject matter of the
complaint also alleges a violation of the Illinois Human Rights Act, the
Department may refer the complaint to the Department of Human Rights to be
processed pursuant to 56 Ill. Adm. Code 325 (Joint rules of the Departments of
Labor and Human Rights on the investigation of Equal Pay Act cases).
(Source:
Amended at 40 Ill. Reg. 229, effective December 21, 2015)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.310 INVESTIGATIONS EXCEPT THOSE UNDER SECTION 11 OF THE ACT
Section 320.310 Investigations Except Those Under
Section 11 of the Act
a) After
the Department determines jurisdiction and that the matter will not be referred
to the Department of Human Rights under 56 Ill. Adm. Code 325, the Department
shall conduct an investigation to determine whether reasonable cause exists to
believe a violation under the Act has occurred. Within 30 business days after
receipt of the complaint, the Department shall provide the respondent with a
written notice of investigation stating the substance of the alleged violation
and giving the respondent an opportunity to respond to the allegation and
present any information the respondent wishes the Department to consider in its
investigation of the alleged violation. The respondent must submit such response
to the Department within 30 business days after receipt of the notice of
investigation.
b) The
Department is authorized to investigate and gather data and records regarding
employee wages and hours, and other conditions and practices of
employment of the respondent, and may enter the respondent's
premises to inspect such records at reasonable times during regular
business hours; question the respondent's employees; and investigate the facts,
conditions, practices, or matters as the Department may deem necessary
or appropriate to determine whether the respondent has violated the
Act. Investigations may also include written or oral inquiries, field visits,
subpoenas, conferences, and interviews, or any investigation method or
combination of methods deemed suitable in the discretion of the Department or
authorized by the Act. In no case will the Department review more than 5 years
prior to the date the complaint was filed.
c) If
during the investigation a respondent refuses to cooperate, the Director may
either make a finding of reasonable cause or issue subpoenas to compel the
attendance of respondent witnesses or the production of documents.
d) Whenever
a decision is made after an investigation conducted by the Department of Human
Rights and the Department of Labor adopts that decision, 56 Ill. Adm. Code 325 supersedes
this Part and shall control as to further procedural actions and remedies available
to the parties. If the Department of Labor does not adopt the Department of
Human Rights' decision, then this Part 320 applies and controls as to further
procedural actions and remedies available to the parties.
e) A
complainant must promptly notify the Department of any address or telephone number
change or a prolonged absence from the current address so that the complainant
can be located. A complainant must cooperate with the Department, provide
necessary information and be available for interviews, conferences and hearings
upon reasonable notice or request by the Department. If a complainant cannot
be located or does not respond to reasonable requests by the Department, the
Department may dismiss the complaint pursuant to Section 320.500.
f) The Director
may, upon request or in the Director's discretion, withhold any witness
statement or identity of any witness as confidential.
(Source: Amended at 47 Ill.
Reg. 155, effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.320 FACT-FINDING CONFERENCE
Section 320.320 Fact-Finding Conference
a) As
part of its investigation, the Department may convene a fact-finding conference
in person or by telephone for the purpose of obtaining evidence, identifying
the issues in dispute, ascertaining the positions of the parties and exploring
the possibility of settlement. The fact-finding conferences will be limited in
scope to those issues the Department believes to be in question.
b) Notice
of the conference shall be given to all parties at least 10 calendar days prior
to the conference and shall identify the individuals requested to attend on
behalf of each party.
c) A
party may be accompanied at a fact-finding conference by the party's attorney
and by a translator if necessary.
d) A Department
investigator shall conduct the conference and control the proceedings. No tape
recordings, stenographic report or other verbatim record of the conference
shall be made. If any person fails to cooperate at the conference and becomes
so disruptive or abusive that a full and fair conference cannot be conducted,
the Department investigator shall exclude the person from the conference.
e) A
party who appears at the conference exclusively through an attorney or other
representative unfamiliar with the events at issue shall be deemed to have
failed to attend, unless, with respect to a respondent, it establishes that it
does not employ or control any person with knowledge of the events at issue.
f) If a
respondent or complainant refuses to attend a fact-finding conference, the
Department shall make a determination based upon the evidence provided to the
Department.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.330 DECISION AFTER INVESTIGATION
Section 320.330 Decision After Investigation
a) At
the conclusion of Department of Labor investigation, the Department must make
one of the following findings:
1) Reasonable
cause found. If the Department determines that there is reasonable cause to
believe that a violation of the Act has occurred, it may:
A) Seek a
voluntary settlement agreement signed by the respondent that eliminates the
unlawful practice and provides appropriate relief to the complainant; or
B) Recommend the
commencement of a civil action.
2) No
reasonable cause found. If the Department determines that there is no
reasonable cause to believe that a violation of the Act has occurred, the
complaint will be dismissed pursuant to Section 320.500.
b) Whenever
a decision is made under this Section, a written notice must be provided to the
parties stating the Department's findings and any applicable civil penalty
assessments pursuant to Section 30(c) of the Act and advise the parties of the
right to request review pursuant to Section 320.600. The notice must also
advise the parties of the right to bring a civil action as provided for in
Section 30 of the Act.
(Source: Amended at 40 Ill.
Reg. 229, effective December 21, 2015)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.340 ENFORCEMENT PROCEDURES
Section 320.340 Enforcement Procedures
a) The
payment of back wages and other relief found due pursuant to Section 30 of the
Act will be evidence of compliance with the provisions of the Act. Payment
shall be supervised, when possible, by the Director.
b) The
Director may require proof that the employees or former employees received all
the back wages and other relief due pursuant to Section 30 of the Act. Payment
for back wages and other relief or penalties may be made to the Department using
the State Treasurer's E-Pay program or any successor program, certified checks,
cashier's checks, or money orders, made payable to the individual employees or
the Department of Labor.
c) If
the respondent does not comply within 15 calendar days after the Director's demand,
the Director may bring a civil action against the respondent as provided for in
Section 30 of the Act. Failure to timely comply may also subject the
respondent to further penalties as provided for in Section 35(a) of the Act.
(Source: Amended at 47 Ill.
Reg. 155, effective December 22, 2022)
SUBPART D: SETTLEMENT
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.400 SETTLEMENT
Section 320.400 Settlement
a) At
any time prior to the commencement of a civil action, the parties may settle
the complaint on mutually agreeable terms. Such an agreement will not affect
the processing of a complaint made by any other complainant, the allegations of
which are like or related to the individual allegations settled.
b) If
the Department finds that the complainant’s objections to a proposed settlement
agreement are without merit or that the complainant is unavailable or unwilling
to participate in settlement negotiations, or continuing the investigation
would be otherwise detrimental, the Department may, in its discretion, dismiss
the complaint pursuant to Section 320.500.
SUBPART E: DISMISSAL, DEFAULT AND CLOSURE
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.500 DISMISSAL
Section 320.500 Dismissal
a) The
Department shall serve upon the parties a written notice of dismissal of all or
parts of a complaint. The dismissal notice shall state the grounds for
dismissal and advise the parties of the right to seek review by filing a
written request within 15 calendar days after the date of the dismissal notice
pursuant to Section 320.600. The dismissal notice shall also advise the
parties of the right to bring a private action within 5 years from the date of
the underpayment.
b) The
dismissal may be based on, but not limited to, lack of reasonable cause that a
violation under the Act occurred, lack of jurisdiction or complainant's failure
to proceed pursuant to Section 320.310(c). The notice of dismissal shall
specify the manner in which the complainant has failed to proceed.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.510 DEFAULT
Section 320.510 Default
Except for good cause shown, the failure of a respondent to
appear at an informal investigative hearing shall constitute a default.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.520 CLOSURE
Section 320.520 Closure
When the Department becomes aware that there is a complaint
pending in federal or State court containing some or all of the issues before
the Department, it may close the issues of the complaint that are being
litigated and continue to process the remaining issues. If all issues are
being litigated, then the entire complaint will be closed. The Department
shall notify all parties in writing that the complaint before the Department is
closed.
SUBPART F: INFORMAL INVESTIGATIVE HEARING
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.600 REQUEST FOR INFORMAL INVESTIGATIVE HEARING
Section 320.600 Request for Informal Investigative
Hearing
Any party who contests a decision issued pursuant to Section
320.330 may file a written request for an informal investigative hearing within
15 calendar days after the Department's written notice of decision. The
request shall be marked Request for Informal Investigative Hearing on both the
letter and the envelope and shall be delivered by U.S. mail or personal
delivery to the Department's Chicago office. The request must set forth
reasons why the party believes the Department's findings are incorrect as a
matter of law or fact or any newly discovered evidence the party could not have
discovered during the course of the investigation. Late submissions need not
be considered by the Department.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.610 CONVENING AN INFORMAL INVESTIGATIVE HEARING
Section 320.610 Convening an Informal Investigative
Hearing
a) The
Department shall make an initial determination with respect to the legal and
factual merits of a Request for Informal Investigative Hearing. If the request
presents a reasonable issue of law or fact, the Department may schedule an
informal hearing before an Administrative Law Judge for purposes of obtaining
evidence specific to the issue raised in the request and for which the hearing
was granted. At this hearing, all parties shall be afforded the opportunity to
address the specific issue raised in the Request for Informal Investigative Hearing,
including the Department's investigator who shall be afforded the opportunity
to present the Department's investigative findings.
b) A
written notice of an informal investigative hearing shall be sent, not less
than 10 calendar days prior to the date of the hearing, to the complainant and
respondent, and may also be sent to those employees, former employees or
witnesses covered by the investigation at issue. Each notice shall identify
the individual requested to attend and records or documents the party must
produce at the hearing.
c) If a
request for an informal investigative hearing is denied, the Department will
notify the party who filed the request of the Department's determination in
writing.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.620 CONTINUANCES
Section 320.620 Continuances
Parties shall be prepared to proceed at hearing. A request
by one party for a continuance will be granted prior to the hearing if the
request is in writing, the other party agrees and the Administrative Law Judge grants
permission. Otherwise, a request for a continuance must be made in person to
the Administrative Law Judge at the time of hearing with proof that the party
notified or attempted to notify the other party in advance of the hearing of
the intent to ask for a continuance. The continuance will be granted only upon
a showing of good cause. Good cause may be shown by, but not limited to, the
failure of the party to receive notice of the hearing, the inability of a party
to produce a material witness or relevant evidence, the illness or death of a
party or counsel, the sudden and unexpected unavailability of counsel, and the substitution
of counsel.
(Source: Amended at 47 Ill. Reg. 155,
effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.630 APPLICATION OF THE RULES OF EVIDENCE, PLEADING AND PROCEDURE
Section 320.630 Application of the Rules of Evidence,
Pleading and Procedure
When an Administrative Law Judge conducts an informal
investigative hearing, the Administrative Law Judge is not bound by the rules
of evidence or by any technical or formal rules of pleading or procedure.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.640 ATTORNEYS AND WITNESSES AT AN INFORMAL INVESTIGATIVE HEARING
Section 320.640 Attorneys and Witnesses at an Informal
Investigative Hearing
A party may be accompanied at an informal investigative
hearing by the party’s attorney and by a translator, if necessary. The parties
may bring witnesses to the hearing, but the Administrative Law Judge shall
decide which witnesses shall be heard and the order in which they shall be
heard. The Administrative Law Judge may exclude witnesses and other persons
from the hearing when they are not giving testimony. The Administrative Law
Judge shall conduct and control the proceedings. No tape recordings,
stenographic report or other verbatim record of the hearing shall be made.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.650 CONTUMACIOUS CONDUCT
Section 320.650 Contumacious Conduct
If any person becomes so disruptive or abusive that a full
and fair hearing cannot be conducted, the Administrative Law Judge shall
exclude the person from the proceeding. The Administrative Law Judge may take any
of the following actions: continue the hearing without the participation of the
excluded individual; render a decision based upon the evidence previously
presented; dismiss the complainant’s complaint; or strike the respondent’s
response.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.660 TELEPHONE HEARINGS
Section 320.660 Telephone Hearings
a) Written
requests to participate in an informal investigative hearing by telephone must
be received by the Department’s Chicago office no later than seven calendar
days prior to the hearing date. The request shall be in writing and state a
compelling reason why the party needs to participate by telephone and the name,
address and telephone number of the person to be contacted.
b) A
party shall not consider its request granted unless the party receives written
notice of the Department’s approval prior to the hearing date.
SUBPART G: REQUEST FOR REVIEW
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.700 FILING WITH CHIEF ADMINISTRATIVE LAW JUDGE
Section 320.700 Filing with Chief Administrative Law
Judge
a) A party
may request review by the Chief Administrative Law Judge of a decision by the
Department, including a decision made after an informal investigative hearing,
to dismiss one or more allegations of a complaint for:
1) Lack of substantial
evidence;
2) Lack of jurisdiction;
3) No reasonable cause
found;
4) Failure of complainant
to proceed; or
5) Failure of complainant
to accept a settlement offer.
b) A
respondent may request review by the Chief Administrative Law Judge of a
decision by the Department, including a decision made after an informal
investigative hearing, to issue a notice of default or a notice of reasonable
cause found.
c) A
request for review must be delivered by U.S. mail or personal delivery to the
Chief Administrative Law Judge at the Department's Chicago office within 15
calendar days after the decision.
d) Neither
the parties nor the Department may communicate directly or indirectly with the
Chief Administrative Law Judge except in writing with copies to all parties and
the Department.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.710 CONTENTS OF REQUEST FOR REVIEW
Section 320.710 Contents of Request for Review
A request for review must be in writing and state the
reasons the party disagrees with the Department’s decision. The request must
be prominently marked “REQUEST FOR REVIEW” on both the letter and the envelope.
A copy of the decision sought to be reviewed must be included with the
request. The request for review must set forth the reasons why the party
believes the Department misconstrued the evidence or misapplied the law to the
facts and any newly discovered evidence the party could not have discovered
prior to the Department’s decision.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.720 REPLY TO REQUEST FOR REVIEW AND SURREPLY
Section 320.720 Reply to Request for Review and Surreply
a) When
a party files a timely request for review, the Chief Administrative Law Judge
may request other parties to submit a reply to the request for review. The
reply must be filed with the Chief Administrative Law Judge within 14 calendar
days after the request by the Chief Administrative Law Judge. The reply must
be served on all other parties and proof of service must be provided to the
Chief Administrative Law Judge or the reply cannot be considered. A reply is
limited to the issues raised in the request for review. Whether a reply is
needed or required is in the sole discretion of the Chief Administrative Law
Judge.
b) If a
reply to a request for review is timely filed with the Chief Administrative Law
Judge, the party requesting review may file a surreply to the reply with the
Chief Administrative Law Judge. Such surreply must be filed within 14 calendar
days after the deadline for filing the reply. The surreply must be served on
all parties and proof of service must be provided to the Chief Administrative
Law Judge or the surreply cannot be considered. A surreply is limited to the
issues raised in the reply.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.730 EXTENSIONS OF TIME
Section 320.730 Extensions of Time
a) For
good cause shown, a party may request in writing an extension of time to file a
request for review, reply or surreply. Such an extension shall be no more than
14 calendar days. Requests for extensions of time must be filed with the Chief
Administrative Law Judge no later than the original deadline and will be
granted if the Chief Administrative Law Judge determines that good cause has
been shown.
b) A determination for an
extension of time shall be sent to all parties.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.740 ADDITIONAL INVESTIGATION AND DECISION
Section 320.740 Additional Investigation and Decision
At the conclusion of the request for review process, the
Chief Administrative Law Judge must make one of the following findings:
a) Additional
investigation. If the Chief Administrative Law Judge determines that
additional investigation is needed, all parties will be notified of the
decision. All parties will be informed of the results of the additional
investigation and provided copies of any documents submitted in response to the
decision for additional investigation. All parties will be given 14 calendar
days to file a supplemental request for review, reply and surreply to address
the results of the additional investigation.
b) Decision.
If, after review of the Administrative Law Judge's decision to dismiss a
complaint, issue a notice of default, or issue a reasonable cause finding, the
Chief Administrative Law Judge determines that the Administrative Law Judge's
decision should be sustained, a decision shall be entered stating the findings
and reasons for the determination. Otherwise, the Chief Administrative Law
Judge shall determine whether the dismissal, default or reasonable cause
finding should be vacated. The Chief Administrative Law Judge will either
return the complaint to the Department for additional investigation or issue a
reasonable cause finding or a dismissal. The Chief Administrative Law Judge
shall serve the decision upon all parties to the complaint.
(Source: Amended at 34 Ill.
Reg. 19552, effective December 3, 2010)
SUBPART H: EQUAL PAY REGISTRATION CERTIFICATE
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.800 PURPOSE
Section 320.800 Purpose
This Subpart shall
prescribe the process for businesses as defined in Section 320.810 to apply for
and be issued an Equal Pay Registration Certificate under Section 11 of the
Equal Pay Act of 2003 [820 ILCS 112].
(Source: Added at 47 Ill. Reg. 155, effective December
22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.810 DEFINITIONS
Section 320.810 Definitions
The following definitions shall apply for this Subpart H
only:
"Application" means the
form provided by the Department that a business must complete and submit to the
Department in order to obtain an Equal Pay Registration Certificate or
recertification of an Equal Pay Registration Certificate.
"Business" means any private employer who has 100 or
more employees in the State of Illinois and
is required to file an Annual Employer Information Report EEO-1 with the Equal
Employment Opportunity Commission, but does not include the State of Illinois or any political
subdivision, municipal corporation, or other governmental unit or agency. [820 ILCS 112/11]
"Compliance" means that, as of the date of application
or recertification, the business either:
1) has not had any final and
non-appealable adverse judgment or final and non-appealable administrative
ruling entered against it in the preceding two years under Title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e), the Equal Pay Act of 1963 (29 U.S.C.
206), the Illinois Human Rights Act (775 ILCS 5), the Equal Wage Act (820 ILCS
110), or the Equal Pay Act of 2003 (820 ILCS 112); or
2) has corrected any final and
non-appealable adverse judgment or final and non-appealable administrative
ruling entered against it under Title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e), the Equal Pay Act of 1963 (29 U.S.C. 206), the Illinois Human
Rights Act (775 ILCS 5), the Equal Wage Act (820 ILCS 110), or the Equal Pay
Act of 2003 (820 ILCS 112).
For purposes of Section 320.840(a)(3)(A), any business that has
corrected a final and non-appealable adverse judgment or final and
non-appealable administrative ruling entered against it shall submit evidence
of the underlying judgment or ruling and the corrective measures undertaken by
the employer business.
"Employee" means any
person performing a service for a business under the Act whose base of
operations, or if there is no base of operations, the place from which the
service is directed or controlled, is located within the State of Illinois; or
whose base of operations or the place from which the service is directed or
controlled is not in any state in which some part of the service is performed,
but the individual's residence is in the State of Illinois. [35 ILCS
5/304(a)(2)(B)(iii)]
"Job classification" or
"job category" means an employee classification that appears on the
EEO-1 report of the Equal Employment Opportunity Commission as required by section
709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
2000e-8(c), and 29 CFR 1602.7 through 1602.14 and 41 CFR 60-1.7(a).
"Job title" means the
title or role established for an employee by their employer that is used to
identify and classify the employee internally within that workplace.
"Occupation" means any
one of the Standard Occupational Classifications identified and published in the
Standard Occupational Classification (SOC) System – Revision for 2018 published
by the U.S. Bureau of Labor Statistics.
(Source: Added at 47 Ill. Reg. 155,
effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.820 ENROLLMENT
Section 320.820
Enrollment
a) A business that is
authorized to transact business in the State of Illinois on or before March
23, 2021 shall submit an enrollment form notifying the Department that the
business is subject to Section 11 of the Act. A business that becomes
authorized to transact business in the State of Illinois on or after March 24,
2021 shall submit an enrollment form notifying the Department that the business
is subject to Section 11 of the Act by January 1 of the calendar year
immediately following the year in which the business becomes authorized to
conduct business in the State of Illinois. The enrollment form must include
designated contact information for the business.
b) An enrollment form must
be submitted via the Department's web-based submission portal found on its web
site at https://www2.illinois.gov/idol/Pages/default.aspx.
c) If the Department
determines that a business that is not subject to the Act has submitted an
enrollment form, the Department shall notify the business in writing that the
business is not required to obtain an Equal Pay Registration Certificate.
(Source: Added at
47 Ill. Reg. 155, effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.830 ASSIGNMENT OF FILING DATE
Section 320.830
Assignment of Filing Date
a) The Department will
assign every business a date by which the business must submit an application and
a list of the information outlined in Section 320.840(a) that the business must
provide with its application. The filing date shall be randomly assigned by
the Department. Each business will receive at least 120 calendar days’ notice
of the filing date. The application due date is the date by which the application
must be received by the Department.
b) Once an application filing
date is assigned by the Department, the business shall be enrolled in the
Department's web-based portal as a business required to obtain an Equal Pay
Registration Certificate. The business shall be required to obtain an Equal
Pay Registration Certificate every two years after the initial due date, unless
the business has fewer than 100 employees on December 31 of the business's
payroll year.
(Source: Added at 47 Ill. Reg. 155,
effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.840 APPLICATION FOR CERTIFICATION; RECERTIFICATION
Section 320.840 Application for Certification;
Recertification
A business that has employees in multiple locations or
facilities in Illinois shall submit a single application to the
Department regarding all of the business's operations in Illinois.
[820 ILCS 112/11(c)(3)]
a) An
application shall include the following:
1) A
copy of the business's most recently filed Employer Information Report EEO-1
for all locations in the State of Illinois and for all employees as defined in
this Subpart H, submitted in a text-searchable, sortable Microsoft Excel file
or comma-separated values file format.
2) A
list of all employees during the payroll year (January 1 through December 31)
immediately preceding the application due date, separated by gender,
race, and ethnicity categories in a text-searchable, sortable Microsoft
Excel file or comma-separated values file format, as well as any other information
required by the Department on the application form. For the purposes of this
report, wages shall be reported by either the mean hourly wage (for employees
paid hourly wages) or annual mean wage (for salaried employees). The business
may provide any other information it believes is relevant to explain any pay
disparities amongst its employees. [820 ILCS 112/11(c)(1)(A)]
3) An Equal
Pay Compliance Statement, signed by a corporate officer, legal counsel
employed by the business, or authorized agent employed by the business,
that certifies:
A) that
the business is in compliance with the Act and other relevant laws, including
but not limited to, Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e), the Equal Pay Act of 1963 (29 U.S.C. 206(d)), the Illinois
Human Rights Act [775 ILCS 5], and the Equal Wage Act [820 ILCS
110];
B) that
the average compensation for the business's female and minority
employees is not consistently below the average compensation for its male and
non-minority employees within each of the major job categories in the Employer
Information Report EEO-1 Job Classification Guide for which an employee
is expected to perform work, taking into account factors such as length of
service, requirements of specific jobs, experience, skill, effort,
responsibility, working conditions of the job, education or training, job
location, use of a collective bargaining agreement, or other mitigating factors;
C) that
the business does not restrict employees of one sex to certain job classifications,
and makes retention and promotion decisions without regard to sex. Businesses
with positions for which sex is a bona fide occupational qualification, as
defined in 29 CFR 1604.2, must provide a list of such positions with a short
explanation of why sex is a bona fide occupational qualification for those
positions;
D) that
wage and benefit disparities are corrected when identified to ensure compliance
with the Acts in subsection (a)(3)(A)(i);
E) how
often wages and benefits are evaluated; and
F) the
approach the business takes in determining what level of wages and benefits to
pay its employees; acceptable approaches include, but are not limited to, a
wage and salary survey. [820 ILCS 112/11(c)]
b) An
application shall be submitted to the Department via the Department's web-based
submission portal found on its website at http://labor.illinois.gov.
c) An
application must be accompanied by a filing fee of $150, to be paid
using the State Treasurer's E-Pay program or any successor program.
d) After
receiving an initial Equal Pay Registration Certificate, a business must recertify
every two years by submitting to the Department an application, as
described in this Subpart, with updated information. The Department will
notify the business that recertification is required and will provide the
business with a recertification due date at least 180 calendar days before the
recertification due date. A business that has fewer than 100 employees on
December 31 of the business's payroll year must notify the Department, in
writing by the recertification due date, of the number of employees employed by
the business on December 31 of the business's payroll year and shall not be
required to recertify. [820 ILCS 112/11(c)]
e) If a
business discovers that it has provided incorrect or incomplete information in
its application, that business shall submit to the Department a revised
application with correct or complete information, along with a letter
identifying the information that was amended. A business that makes a
correction shall not be subject to penalties if the incorrect or incomplete
information was provided in good faith and without knowledge that such
information was incorrect or incomplete.
(Source: Added
at 47 Ill. Reg. 155, effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.850 ISSUANCE OR REJECTION
Section 320.850
Issuance or Rejection
a) Within 45 calendar days
after receipt of an application, the Department will issue to the business an
Equal Pay Registration Certificate or a Statement of Rejection stating why the
application was rejected.
b) A business has 30
calendar days from the date it receives the Statement of Rejection to cure any
deficiencies in its application that led to the rejection and resubmit the
revised application to the Department.
(Source: Added at 47 Ill. Reg. 155,
effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.860 APPEAL
Section 320.860
Appeal
a) A business may appeal a
rejected application under Section 11 of the Act. An appeal shall be submitted
to the Department in writing within 14 calendar days after a Statement of
Rejection is received. Appeals may be submitted via email to
DOL.EPRC.APPEAL@illinois.gov, or mailed to: Illinois Department of Labor, ATTN:
Con/Med, 160 North LaSalle Street, Suite C-1300, Chicago, Illinois, 60602. The
request, if mailed, shall be prominently marked REQUEST FOR EPRC APPEAL on both
the letter and the envelope; or, if emailed, shall contain the subject line
REQUEST FOR EPRC APPEAL.
b) Within 30 calendar days
after receipt of an appeal, the Department will notify the business in writing
of the Department's decision on the appeal. If the appeal is granted, the
Department will issue the business an Equal Pay Registration Certificate. If
the appeal is denied, the Department will provide the business with a notice
stating the reason for the denial and a date by which the business must submit
an amended application to the Department.
c) If the Department denies
the appeal, the business must submit to the Department an application with all identified
deficiencies cured. Once that application is received and contains all the
information required by this Subpart, the Department will issue the business an
Equal Pay Registration Certificate. The business shall be in violation of the
Act until all deficiencies in its application are cured and the application is
approved by the Department.
(Source: Added at 47 Ill. Reg. 155,
effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.870 SUSPENSION AND REVOCATION
Section 320.870
Suspension and Revocation
An Equal Pay
Registration Certificate for a business may be suspended or revoked by the Department
when a business:
a) fails to make a good
faith effort to comply with the Act, Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e),
the Equal Pay Act of 1963 (29 U.S.C. 206(d)), the Illinois Human Rights Act
[775 ILCS 5], the Equal Wage Act [820 ILCS 110], or any other relevant laws.
b) fails to make a good
faith effort to comply with Section 11 of the Act; or
c) has two or more
violations of Section 11 of the Act or the statutes identified in subsection
(a). [820 ILCS 112/11(e)] For purposes of this subsection, a violation means
any final and non-appealable adverse judgment or final and non-appealable
administrative ruling entered against the business since the most recent
submission to the Department under this Act.
d) As used in this Section,
“good faith effort” means demonstrable efforts by the business to promote pay
equity and combat employment discrimination, including but not limited to,
internal compensation reviews, staff training, adoption of equal opportunity
policies, and evidence that such policies were enforced through evaluation,
investigation, and personnel action.
(Source: Added at
47 Ill. Reg. 155, effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.875 SECTION 11 INVESTIGATIONS
Section 320.875 Section 11 Investigations
a) Prior
to the suspension or revocation of an Equal Pay Registration Certificate, the
Department shall initiate an investigation under Section 11(e) of the Act to
determine whether reasonable cause exists to suspend or revoke to Equal Pay
Registration Certificate. Such investigations shall be initiated upon the
Department's reasonable belief that a business's Equal Pay Registration
Certificate may be suspended or revoked for any of the reasons listed in
Section 320.870(a) through (c).
b) The Department
is authorized to conduct audits, interview workers, administer
oaths, take or cause to be taken the depositions of witnesses, and require by
subpoena the attendance and testimony of witnesses, and the production of
personnel and compensation information, and all books, records, and other
evidence relative to the matter under investigation. A subpoena issued under
this Section shall be signed and issued by the Director. [820 ILCS 112/11]
c) Within
30 business days after starting the investigation, the Department shall provide
the business with a written notice of investigation stating the reason for the
investigation under Section 320.870(a) through (c) and identifying the data in
the application that merits the investigation. The notice of investigation shall
provide the business with an opportunity to respond to the notice and present
any information the business wishes the Department to consider in its
investigation. The business must submit its response to the Department within
30 business days after receipt of the notice of investigation.
d) If a
business refuses to cooperate during the investigation, the Director may either
make a finding of reasonable cause and suspend or revoke the business's Equal
Pay Registration Certificate or issue subpoenas to compel the attendance of
witnesses or the production of documents.
e) The
Director may, upon request or in the Director's discretion, withhold any
witness statement or the identity of any witness as confidential.
(Source: Added
at 47 Ill. Reg. 155, effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.880 INITIATION OF HEARING
Section 320.880 Initiation
of Hearing
a) A hearing pursuant to
Section 11(e) and Section 11(i) of the Act shall be initiated upon the request
of a party after the party has received a written decision of notice of
suspension or revocation of the certificate or imposition of civil penalties.
The request must be made in writing and mailed by certified mail or delivered
in person to the Chief Administrative Law Judge at the Department’s Chicago
office within 20 business days after receipt of the written decision of notice
of suspension or revocation. The request shall be marked REQUEST FOR HEARING
UNDER THE EQUAL PAY ACT on both the letter and the envelope.
b) Hearings pursuant to
Section 11(e) and Section 11(i) of the Act shall be conducted pursuant to the
provisions of Article 10 of the Illinois Administrative Procedure Act [5 ILCS
100/Art. 10] and the Department's Rules of Procedure in Administrative Hearings
(56 Ill. Adm. Code 120).
(Source: Added at
47 Ill. Reg. 155, effective December 22, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 320
EQUAL PAY IN EMPLOYMENT
SECTION 320.890 EMPLOYEE REQUEST FOR DATA
Section 320.890
Employee Request for Data
a) A current employee of
a business may request anonymized data regarding that employee's own
job classification or title and the pay for that title or classification.
[820 ILCS 112/11(h)(3)] A request for data must be submitted in writing to the
Department, and shall include the employee's name, date of hire, job title or
classification, the dates for which the data is being requested, a signed
affidavit swearing that the employee holds the specified job title at that
business, and evidence that the employee currently holds the specified job
title at that business. Acceptable evidence includes, but is not limited to,
pay stubs, work schedules, hire letters, work ID cards, business cards, and
company website listings. The Director may require multiple forms of evidence
as necessary to demonstrate current employment.
b) Upon request and if in
the possession of the Department, the Department shall provide current and
historical data from no more than 10 years prior to the date of the request to
a requesting employee, based on the data timeframe specified in the request for
employees working in the same county as the requestor.
(Source: Added at
47 Ill. Reg. 155, effective December 22, 2022)
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