TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 300 PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION
SECTION 300.600 PAYMENT OF WAGES


 

Section 300.600  Payment of Wages

 

a)         All wages owed to an employee shall be paid at the discretion of the employer, in lawful money of the United States, by a check redeemable only upon demand and without discount at a bank or other financial institution readily available to the employee, or at the discretion of the employee, by an employee's voluntary acceptance of direct deposit of funds in any bank or other financial institution designated by the employee, or by an employee's voluntary acceptance of a payroll card authorized by Section 14.5 of the Act and that meets the requirements of that Section.  An employer is not permitted to offer employees only the choice between two voluntary methods of payment.  Because payment by either payroll card or direct deposit must be voluntary, an employer offering either or both of these payment methods must also provide an additional choice of payment by cash or check, in accordance with Section 4 of the Act.  Notwithstanding the method of payment, the employer must provide  the employee with a written receipt that shows hours worked, rate of pay, overtime pay and overtime hours, gross wages, an itemization of all deductions, wages and deductions year to date. When an employer offers to any of its employees alternative options for receipt of payment of wages, all employees must be afforded the same options.  When an employer elects to pay employees in cash, the employer must obtain signed receipts from the employee indicating date of payment and amount received.

 

b)         An employer shall not require an employee to enroll in a direct deposit arrangement or make payment of wages or final compensation by direct deposit unless the employee voluntarily accepts this form of payment and voluntarily designates a bank or a financial institution, and an employer shall not require an employee to accept a payroll card as payment of wages, unless the employer obtains the employee's voluntary written or electronic consent to receive wages by payroll card.  It is not voluntary in fact if the employee is given to understand, or led to believe, that it is a condition for hire or maintenance of his or her present working conditions, or if continuance of his or her employment would be adversely affected by non-acceptance.

 

(Source:  Amended at 38 Ill. Reg. 18517, effective August 22, 2014)