Illinois General Assembly - Full Text of HB3405
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Full Text of HB3405  101st General Assembly


Sen. Omar Aquino

Filed: 5/17/2019





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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 changing Section 11 and by adding Section 4.1 as
7    (820 ILCS 115/4.1 new)
8    Sec. 4.1. Gratuities.
9    (a) Gratuities to employees are the property of the
10employees, and employers shall not keep gratuities. Failure to
11pay gratuities owed to an employee more than 13 days after the
12end of the pay period in which such gratuities were earned
13constitutes a violation of this Act.
14    (b) This Section does not prohibit an employer from
15withholding from gratuities paid by credit card a proportionate
16amount of any credit card processing fees that the employer



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1must pay in connection with the transaction, provided that the
2amount withheld does not exceed the proportion of the amount of
3the tip to the amount of the overall bill, regardless of
4whether the overall bill was paid using a credit card. This
5Section does not prohibit tip pooling as permitted by law. This
6Section does not affect an employer's entitlement to an
7allowance for gratuities to the extent permitted under
8subsection (c) of Section 4 of the Minimum Wage Law.
9    (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)
10    Sec. 11. It shall be the duty of the Department of Labor to
11inquire diligently for any violations of this Act, and to
12institute the actions for penalties herein provided, and to
13enforce generally the provisions of this Act.
14    An employee may file a complaint with the Department
15alleging violations of the Act by submitting a signed,
16completed wage claim application on the form provided by the
17Department and by submitting copies of all supporting
18documentation. Complaints shall be filed within one year after
19the wages, final compensation, or wage supplements were due.
20    Applications shall be reviewed by the Department to
21determine whether there is cause for investigation.
22    The Department shall have the following powers:
23        (a) To investigate and attempt equitably to adjust
24    controversies between employees and employers in respect
25    of wage claims arising under this Act and to that end the



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1    Department through the Director of Labor or any other
2    person in the Department of Labor designated by him or her,
3    shall have the power to administer oaths, subpoena and
4    examine witnesses, to issue subpoenas duces tecum
5    requiring the production of such books, papers, records and
6    documents as may be evidence of any matter under inquiry
7    and to examine and inspect the same as may relate to the
8    question in dispute. Service of such subpoenas shall be
9    made by any sheriff or any person. Any court in this State,
10    upon the application of the Department may compel
11    attendance of witnesses, the production of books and
12    papers, and the giving of testimony before the Department
13    by attachment for contempt or in any other way as the
14    production of evidence may be compelled before such court.
15        (b) To take assignments of wage claims in the name of
16    the Director of Labor and his or her successors in office
17    and prosecute actions for the collection of wages for
18    persons financially unable to prosecute such claims when in
19    the judgment of the Department such claims are valid and
20    enforceable in the courts. No court costs or any fees for
21    necessary process and proceedings shall be payable in
22    advance by the Department for prosecuting such actions. In
23    the event there is a judgment rendered against the
24    defendant, the court shall assess as part of such judgment
25    the costs of such proceeding. Upon collection of such
26    judgments the Department shall pay from the proceeds of



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1    such judgment such costs to such person who is by law
2    entitled to same. The Department may join in a single
3    proceeding any number of wage claims against the same
4    employer but the court shall have discretionary power to
5    order a severance or separate trial for hearings.
6        (c) To make complaint in any court of competent
7    jurisdiction of violations of this Act.
8        (d) In addition to the aforementioned powers, subject
9    to appropriation, the Department may establish an
10    administrative procedure to adjudicate claims and to issue
11    final and binding administrative decisions on such claims
12    subject to the Administrative Review Law. To establish such
13    a procedure, the Director of Labor or her or his authorized
14    representative may promulgate rules and regulations. The
15    adoption, amendment or rescission of rules and regulations
16    for such a procedure shall be in conformity with the
17    requirements of the Illinois Administrative Procedure Act.
18    If a final and binding administrative decision issued by
19    the Department requires an employer or other party to pay
20    wages, penalties, or other amounts in connection with a
21    wage claim, and the employer or other party has neither:
22    (i) made the required payment within 35 days of the
23    issuance of the final and binding administrative decision;
24    nor (ii) timely filed a complaint seeking review of the
25    final and binding administrative decision pursuant to the
26    Administrative Review Law in a court of competent



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1    jurisdiction, the Department may file a verified petition
2    against the employer or other party to enforce the final
3    administrative decision and to collect any amounts due in
4    connection therewith in the circuit court of any county
5    where an official office of the Department is located.
6    Nothing herein shall be construed to prevent any employee
7from making complaint or prosecuting his or her own claim for
8wages. Any employee aggrieved by a violation of this Act or any
9rule adopted under this Act may file suit in circuit court of
10Illinois, in the county where the alleged violation occurred or
11where any employee who is party to the action resides, without
12regard to exhaustion of any alternative administrative
13remedies provided in this Act. Actions may be brought by one or
14more employees for and on behalf of themselves and other
15employees similarly situated.
16    Nothing herein shall be construed to limit the authority of
17the State's attorney of any county to prosecute actions for
18violation of this Act or to enforce the provisions thereof
19independently and without specific direction of the Department
20of Labor.
21(Source: P.A. 98-527, eff. 1-1-14.)".