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| | HB3405 Engrossed | | LRB101 08167 JLS 53233 b |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Wage Payment and Collection Act is |
| 5 | | amended by adding Section 4.1 as follows:
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| 6 | | (820 ILCS 115/4.1 new) |
| 7 | | Sec. 4.1. Gratuities. |
| 8 | | (a) Gratuities to employees are the property of the |
| 9 | | employees and employers shall not keep gratuities. Failure to |
| 10 | | pay gratuities owed to an employee more than 13 days after the |
| 11 | | end of the pay period in which such gratuities were earned |
| 12 | | constitutes a violation of this Act. |
| 13 | | (b) This Section does not prohibit an employer from |
| 14 | | withholding from gratuities paid by credit card a proportionate |
| 15 | | amount of any credit card processing fees that the employer |
| 16 | | must pay in connection with the transaction, provided that the |
| 17 | | amount withheld does not exceed the proportion of the amount of |
| 18 | | the tip to the amount of the overall bill, regardless of |
| 19 | | whether the overall bill was paid using a credit card. This |
| 20 | | Section does not prohibit tip pooling as permitted by law. This |
| 21 | | Section does not affect an employer's entitlement to an |
| 22 | | allowance for gratuities to the extent permitted under |
| 23 | | subsection (c) of Section 4 of the Minimum Wage Law.
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