Illinois General Assembly - Full Text of HB3405
Illinois General Assembly

Previous General Assemblies

Full Text of HB3405  101st General Assembly


Rep. Karina Villa

Filed: 4/9/2019





10100HB3405ham001LRB101 08167 JLS 59324 a


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.".