Rep. Karina Villa
Filed: 4/9/2019
 
 

 

 

 
10100HB3405ham001LRB101 08167 JLS 59324 a



1
AMENDMENT TO HOUSE BILL 3405 




2    AMENDMENT NO. ______. Amend House Bill 3405 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Wage Payment and Collection Act is 
5amended  by adding Section 4.1 as follows:
 
6    (820 ILCS 115/4.1 new)
7    Sec. 4.1. Gratuities.
8    (a) Gratuities to employees are the property of the 
9employees and employers shall not keep gratuities.  Failure to 
10pay gratuities owed to an employee more than 13 days after the 
11end of the pay period in which such gratuities were earned 
12constitutes a violation of this Act.
13    (b) This Section does not prohibit an employer from 
14withholding from gratuities paid by credit card a proportionate 
15amount of any credit card processing fees that the employer 
16must pay in connection with the transaction, provided that the 
 
 
10100HB3405ham001- 2 -LRB101 08167 JLS 59324 a

1amount withheld does not exceed the proportion of the amount of 
2the tip to the amount of the overall bill, regardless of 
3whether the overall bill was paid using a credit card.  This 
4Section does not prohibit tip pooling as permitted by law.  This 
5Section does not affect an employer's entitlement to an 
6allowance for gratuities to the extent permitted under 
7subsection (c) of Section 4 of the Minimum Wage Law.".