Full Text of HB6057 99th General Assembly
HB6057eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Wage Payment and Collection Act is | 5 | | amended by changing Section 9 as follows:
| 6 | | (820 ILCS 115/9) (from Ch. 48, par. 39m-9)
| 7 | | Sec. 9.
Except as hereinafter provided, deductions by | 8 | | employers from wages
or final
compensation are prohibited | 9 | | unless such deductions are (1) required by law; (2)
to the | 10 | | benefit of the employee; (3) in response to a valid
wage
| 11 | | assignment or wage deduction order; (4) made with the express | 12 | | written
consent of the employee, given freely at the time the | 13 | | deduction is made;
(5) made by a municipality with a population | 14 | | of 500,000 or more, a county
with a population of 3,000,000 or | 15 | | more, a
community college district in a city with a population | 16 | | of 500,000 or more,
a housing authority in a municipality with
| 17 | | a population of 500,000 or more, the Commuter Rail Division of | 18 | | the Regional Transportation Authority, the Northeast Illinois | 19 | | Regional Commuter Railroad Corporation,
the Chicago Park | 20 | | District, the Metropolitan Transit Authority, the
Chicago | 21 | | Board of Education,
the Cook County Forest Preserve District, | 22 | | or
the Metropolitan Water Reclamation District
to pay a debt | 23 | | owed by the employee to a
municipality
with a population of |
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| 1 | | 500,000 or more, a county with a population of 3,000,000
or | 2 | | more, the Cook County Forest Preserve, the Commuter Rail | 3 | | Division of the Regional Transportation Authority, the | 4 | | Northeast Illinois Regional Commuter Railroad Corporation, the | 5 | | Chicago Park District, the
Metropolitan Water Reclamation | 6 | | District, the Chicago Transit Authority, the
Chicago Board of | 7 | | Education, or a housing authority of a municipality with a
| 8 | | population of 500,000 or more;
provided, however, that the | 9 | | amount deducted from any one salary or wage
payment shall not | 10 | | exceed 25% of the net amount of the payment; or (6) made by
a | 11 | | housing authority in a municipality with
a
population of | 12 | | 500,000 or more
or a municipality with a population of 500,000 | 13 | | or more
to pay a debt owed by the employee to a
housing
| 14 | | authority in a municipality with a population of 500,000 or | 15 | | more; provided,
however, that the amount deducted from any one | 16 | | salary or
wage payment shall not exceed 25% of the net amount | 17 | | of the payment.
Before the municipality with a population of | 18 | | 500,000 or more,
the community college district in a city with | 19 | | a population of 500,000 or
more, the Chicago Park District, the | 20 | | Metropolitan Transit Authority,
a housing authority in a | 21 | | municipality with
a population of 500,000 or more, the Chicago | 22 | | Board of Education,
the county with a population of 3,000,000 | 23 | | or more, the Cook County Forest
Preserve District, the Commuter | 24 | | Rail Division of the Regional Transportation Authority, the | 25 | | Northeast Illinois Regional Commuter Railroad Corporation,
or | 26 | | the Metropolitan Water Reclamation District
deducts any amount |
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| 1 | | from any salary or wage of an
employee
to pay a debt owed to a | 2 | | municipality with a population of 500,000 or more, a
county | 3 | | with a population of 3,000,000 or more, the Cook County Forest | 4 | | Preserve
District,
the Chicago Park District, the Metropolitan | 5 | | Water Reclamation District, the
Chicago Transit Authority, the | 6 | | Commuter Rail Division of the Regional Transportation | 7 | | Authority, the Northeast Illinois Regional Commuter Railroad | 8 | | Corporation, the Chicago Board of Education, or a housing
| 9 | | authority of a municipality with a population of 500,000 or | 10 | | more under this
Section, the municipality, the county, the Cook | 11 | | County Forest Preserve
District, the
Chicago Park District, the | 12 | | Metropolitan Water Reclamation District, the Chicago
Transit | 13 | | Authority, the Commuter Rail Division of the Regional | 14 | | Transportation Authority, the Northeast Illinois Regional | 15 | | Commuter Railroad Corporation, the Chicago Board of Education, | 16 | | or a housing authority of a
municipality with a population of | 17 | | 500,000 or more shall certify that (i)
the
employee has been
| 18 | | afforded an opportunity for a hearing to dispute the debt that | 19 | | is due and owing
the municipality, the county, the Cook County | 20 | | Forest Preserve District, the
Chicago
Park District, the | 21 | | Metropolitan Water Reclamation District, the Chicago Transit
| 22 | | Authority, the Commuter Rail Division of the Regional | 23 | | Transportation Authority, the Northeast Illinois Regional | 24 | | Commuter Railroad Corporation, the Chicago Board of Education, | 25 | | or a housing authority of a
municipality with a population of | 26 | | 500,000 or more and (ii) the employee has
received notice of a |
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| 1 | | wage deduction order and has
been afforded an opportunity for a | 2 | | hearing to object to the order.
Before a housing authority in a
| 3 | | municipality
with a population of 500,000 or more or a | 4 | | municipality with a population of
500,000 or more, a county | 5 | | with a population of 3,000,000 or more, the Cook
County Forest | 6 | | Preserve District, the Chicago Park District, the Metropolitan
| 7 | | Water Reclamation District, the Chicago Transit Authority, the | 8 | | Commuter Rail Division of the Regional Transportation | 9 | | Authority, the Northeast Illinois Regional Commuter Railroad | 10 | | Corporation, the Chicago Board of
Education, or a housing | 11 | | authority of a municipality with a population of
500,000 or | 12 | | more
deducts any amount from any salary or
wage of an employee | 13 | | to pay a debt owed to a
housing authority in a municipality
| 14 | | with a population of 500,000 or more under this Section, the
| 15 | | housing authority shall certify
that (i) the employee has been | 16 | | afforded an opportunity for a hearing to
dispute the debt that | 17 | | is due and owing the housing
authority and (ii) the employee | 18 | | has received notice of a wage
deduction order and has
been | 19 | | afforded an opportunity for a hearing to object to the order.
| 20 | | For purposes of this Section, "net amount" means that part of | 21 | | the salary or
wage payment remaining after the deduction of any | 22 | | amounts required by law to be
deducted and "debt due and owing" | 23 | | means (i) a specified sum of money owed to
the municipality, | 24 | | county, the Cook County Forest Preserve District, the
Chicago | 25 | | Park
District, the Metropolitan Water Reclamation District, | 26 | | the Chicago Transit
Authority, the Commuter Rail Division of |
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| 1 | | the Regional Transportation Authority, the Northeast Illinois | 2 | | Regional Commuter Railroad Corporation, the Chicago Board of | 3 | | Education, or housing authority
for
services, work, or
goods, | 4 | | after the period granted for payment has expired, or (ii) a | 5 | | specified
sum of money owed to the municipality, county, the | 6 | | Cook County Forest
Preserve District, the Chicago Park | 7 | | District, the Metropolitan Water
Reclamation
District, the | 8 | | Chicago Transit Authority, the Commuter Rail Division of the | 9 | | Regional Transportation Authority, the Northeast Illinois | 10 | | Regional Commuter Railroad Corporation, the Chicago Board of | 11 | | Education
or housing authority pursuant
to a
court order or | 12 | | order of an administrative hearing officer after the exhaustion
| 13 | | of, or the failure to exhaust, judicial review; (7) the result | 14 | | of an excess payment made due to, but not limited to, a | 15 | | typographical or mathematical error made by a municipality with | 16 | | a population of less than 500,000 or to collect a debt owed to | 17 | | a municipality with a population of less than 500,000 after | 18 | | notice to the employee and an opportunity to be heard; | 19 | | provided, however, that the amount deducted from any one salary | 20 | | or wage payment shall not exceed 15% of the net amount of the | 21 | | payment. Before the municipality deducts any amount from any | 22 | | salary or wage of an employee to pay a debt owed to the | 23 | | municipality, the municipality shall certify that (i) the | 24 | | employee has been afforded an opportunity for a hearing, | 25 | | conducted by the municipality, to dispute the debt that is due | 26 | | and owing the municipality, and (ii) the employee has received |
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| 1 | | notice of a wage deduction order and has been afforded an | 2 | | opportunity for a hearing, conducted by the municipality, to | 3 | | object to the order. For purposes of this Section, "net amount" | 4 | | means that part of the salary or wage payment remaining after | 5 | | the deduction of any amounts required by law to be deducted and | 6 | | "debt due and owing" means (i) a specified sum of money owed to | 7 | | the municipality for services, work, or goods, after the period | 8 | | granted for payment has expired, or (ii) a specified sum of | 9 | | money owed to the municipality pursuant to a court order or | 10 | | order of an administrative hearing officer after the exhaustion | 11 | | of, or the failure to exhaust, judicial review. Where the | 12 | | legitimacy of any
deduction from wages is in
dispute, the | 13 | | amount in question may be withheld if the employer notifies
the | 14 | | Department of Labor on the date the payment is due in writing | 15 | | of the
amount that is being withheld and stating the reasons | 16 | | for which the
payment is withheld. Upon such notification the | 17 | | Department of Labor
shall conduct an investigation and render a | 18 | | judgment as promptly as
possible, and shall complete such | 19 | | investigation within 30 days of
receipt of the notification by | 20 | | the employer that wages have been
withheld. The employer shall | 21 | | pay the wages due upon order of the
Department of Labor within | 22 | | 15 calendar days of issuance of a judgment on the
dispute.
| 23 | | The Department shall establish rules to protect the | 24 | | interests of both
parties in cases of disputed deductions from | 25 | | wages. Such rules shall
include reasonable limitations on the | 26 | | amount of deductions beyond those
required by law which may be |
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| 1 | | made during any pay period by any employer.
| 2 | | In case of a dispute over wages, the employer shall pay, | 3 | | without condition
and within the time set by this Act, all | 4 | | wages or parts thereof, conceded
by him to be due, leaving to | 5 | | the employee all remedies to which he may
otherwise be entitled | 6 | | as to any balance claimed. The acceptance by an employee
of a | 7 | | disputed paycheck shall not constitute a release as to the | 8 | | balance of his
claim and any release or restrictive endorsement | 9 | | required by an employer as a
condition to payment shall be a | 10 | | violation of this Act and shall be void.
| 11 | | (Source: P.A. 97-120, eff. 1-1-12.)
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