102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2347

 

Introduced 2/26/2021, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 115/2  from Ch. 48, par. 39m-2

    Amends the Illinois Wage Payment and Collection Act. Excludes from the scope of the term "employee" individuals performing services as real estate licensees paid by commission only pursuant to a written agreement as required by the Real Estate License Act of 2000.


LRB102 16845 JLS 22251 b

 

 

A BILL FOR

 

SB2347LRB102 16845 JLS 22251 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Wage Payment and Collection Act is
5amended by changing Section 2 as follows:
 
6    (820 ILCS 115/2)  (from Ch. 48, par. 39m-2)
7    Sec. 2. For all employees, other than separated employees,
8"wages" shall be defined as any compensation owed an employee
9by an employer pursuant to an employment contract or agreement
10between the 2 parties, whether the amount is determined on a
11time, task, piece, or any other basis of calculation. Payments
12to separated employees shall be termed "final compensation"
13and shall be defined as wages, salaries, earned commissions,
14earned bonuses, and the monetary equivalent of earned vacation
15and earned holidays, and any other compensation owed the
16employee by the employer pursuant to an employment contract or
17agreement between the 2 parties. Where an employer is legally
18committed through a collective bargaining agreement or
19otherwise to make contributions to an employee benefit, trust
20or fund on the basis of a certain amount per hour, day, week or
21other period of time, the amount due from the employer to such
22employee benefit, trust, or fund shall be defined as "wage
23supplements", subject to the wage collection provisions of

 

 

SB2347- 2 -LRB102 16845 JLS 22251 b

1this Act.
2    As used in this Act, the term "employer" shall include any
3individual, partnership, association, corporation, limited
4liability company, business trust, employment and labor
5placement agencies where wage payments are made directly or
6indirectly by the agency or business for work undertaken by
7employees under hire to a third party pursuant to a contract
8between the business or agency with the third party, or any
9person or group of persons acting directly or indirectly in
10the interest of an employer in relation to an employee, for
11which one or more persons is gainfully employed.
12    As used in this Act, the term "employee" shall include any
13individual permitted to work by an employer in an occupation,
14but shall not include any individual:
15        (1) who has been and will continue to be free from
16    control and direction over the performance of his work,
17    both under his contract of service with his employer and
18    in fact; and
19        (2) who performs work which is either outside the
20    usual course of business or is performed outside all of
21    the places of business of the employer unless the employer
22    is in the business of contracting with third parties for
23    the placement of employees; and
24        (3) who is in an independently established trade,
25    occupation, profession or business.
26    "Employee" does not include individuals performing

 

 

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1services as real estate licensees when such licensees are paid
2by commission only pursuant to a written agreement as required
3by the Real Estate License Act of 2000.
4    The following terms apply to an employer's use of payroll
5cards to pay wages to an employee under the requirements of
6this Act:
7    "Payroll card" means a card provided to an employee by an
8employer or other payroll card issuer as a means of accessing
9the employee's payroll card account.
10    "Payroll card account" means an account that is directly
11or indirectly established through an employer and to which
12deposits of a participating employee's wages are made.
13    "Payroll card issuer" means a bank, financial institution,
14or other entity that issues a payroll card to an employee under
15an employer payroll card program.
16(Source: P.A. 98-862, eff. 1-1-15.)