Bill Text: IL SB3208 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Personnel Record Review Act. Provides that every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect his or her pay stubs. Amends the Illinois Wage Payment and Collection Act. Provides that employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period (rather than shall furnish each employee with an itemized statement of deductions made from the employee's wages for each pay period). Provides that an employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form, and the employer shall furnish the pay stub to the employee or former employee upon the employee or former employee's request. Provides that an employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. Provides that an employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor. Defines "pay stub".
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0953 [SB3208 Detail]
Download: Illinois-2023-SB3208-Chaptered.html
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| Public Act 103-0953 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Wage Payment and Collection Act is | ||||
amended by changing Sections 2, 10, and 14 as follows:
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(820 ILCS 115/2) (from Ch. 48, par. 39m-2) | ||||
Sec. 2. Definitions. For all employees, other than | ||||
separated employees, "wages" shall be defined as any | ||||
compensation owed an employee by an employer pursuant to an | ||||
employment contract or agreement between the 2 parties, | ||||
whether the amount is determined on a time, task, piece, or any | ||||
other basis of calculation. Payments to separated employees | ||||
shall be termed "final compensation" and shall be defined as | ||||
wages, salaries, earned commissions, earned bonuses, and the | ||||
monetary equivalent of earned vacation and earned holidays, | ||||
and any other compensation owed the employee by the employer | ||||
pursuant to an employment contract or agreement between the 2 | ||||
parties. Where an employer is legally committed through a | ||||
collective bargaining agreement or otherwise to make | ||||
contributions to an employee benefit, trust or fund on the | ||||
basis of a certain amount per hour, day, week or other period | ||||
of time, the amount due from the employer to such employee | ||||
benefit, trust, or fund shall be defined as "wage | ||||
supplements", subject to the wage collection provisions of | ||
this Act. | ||
As used in this Act, the term "employer" shall include any | ||
individual, partnership, association, corporation, limited | ||
liability company, business trust, employment and labor | ||
placement agencies where wage payments are made directly or | ||
indirectly by the agency or business for work undertaken by | ||
employees under hire to a third party pursuant to a contract | ||
between the business or agency with the third party, or any | ||
person or group of persons acting directly or indirectly in | ||
the interest of an employer in relation to an employee, for | ||
which one or more persons is gainfully employed. | ||
As used in this Act, the term "employee" shall include any | ||
individual permitted to work by an employer in an occupation, | ||
but shall not include any individual: | ||
(1) who has been and will continue to be free from | ||
control and direction over the performance of his work, | ||
both under his contract of service with his employer and | ||
in fact; and | ||
(2) who performs work which is either outside the | ||
usual course of business or is performed outside all of | ||
the places of business of the employer unless the employer | ||
is in the business of contracting with third parties for | ||
the placement of employees; and | ||
(3) who is in an independently established trade, | ||
occupation, profession or business. | ||
"Pay stub" means an itemized statement or statements | ||
reflecting an employee's hours worked, rate of pay, overtime | ||
pay and overtime hours worked, gross wages earned, deductions | ||
made from the employee's wages, and the total of wages and | ||
deductions year to date. | ||
The following terms apply to an employer's use of payroll | ||
cards to pay wages to an employee under the requirements of | ||
this Act: | ||
"Payroll card" means a card provided to an employee by an | ||
employer or other payroll card issuer as a means of accessing | ||
the employee's payroll card account. | ||
"Payroll card account" means an account that is directly | ||
or indirectly established through an employer and to which | ||
deposits of a participating employee's wages are made. | ||
"Payroll card issuer" means a bank, financial institution, | ||
or other entity that issues a payroll card to an employee under | ||
an employer payroll card program. | ||
(Source: P.A. 98-862, eff. 1-1-15.)
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(820 ILCS 115/10) (from Ch. 48, par. 39m-10) | ||
Sec. 10. | ||
(a) Employers shall notify employees, at the time of | ||
hiring, of the rate of pay and of the time and place of | ||
payment. Whenever possible, such notification shall be in | ||
writing and shall be acknowledged by both parties. Employers | ||
shall also notify employees of any changes in the | ||
arrangements, specified above, prior to the time of change. | ||
(b) Employers shall keep records of names and addresses of | ||
all employees and of wages paid each payday, and shall furnish | ||
each employee with a pay stub an itemized statement of | ||
deductions made from his wages for each pay period. | ||
(c) An employer shall maintain a copy of an employee's pay | ||
stub for a period of not less than 3 years after the date of | ||
payment, regardless of whether the employee's employment ends | ||
during this period, whether the pay stub is furnished | ||
electronically or in paper form. | ||
(d) In addition to furnishing a pay stub for each pay | ||
period as required under subsection (b), an employer shall | ||
furnish copies of pay stubs to current and former employees as | ||
follows: | ||
(1) An employer shall provide an employee with a copy | ||
of the employee's pay stubs upon the employee's request. | ||
The employer may require that the employee submit the | ||
request in writing. The employer shall furnish the copy of | ||
the pay stubs to the employee within 21 calendar days of | ||
the employee's request. An employer is not required to | ||
grant an employee's request for a copy of pay stubs more | ||
than twice in a 12-month period. | ||
(2) An employer shall provide a former employee with a | ||
copy of the former employee's previous pay stubs upon the | ||
former employee's request. The employer shall furnish the | ||
copy of the pay stubs to the former employee within 21 | ||
calendar days of the former employee's request. An | ||
employer is not required to grant a former employee's | ||
request for a copy of pay stubs more than twice in a | ||
12-month period or more than one year after the date of | ||
separation. The employer shall provide the copy of the pay | ||
stubs in either a physical or electronic format, as chosen | ||
by the former employee, including a communication that is | ||
transmitted through electronic mail, text message, | ||
computer system, or is otherwise sent and stored | ||
electronically and is capable of being downloaded or | ||
permanently retained by the former employee. | ||
(3) An employer who furnishes electronic pay stubs in | ||
a manner that a former employee cannot access for at least | ||
a full year after separation shall, upon an employee's | ||
separation from employment, offer to provide the outgoing | ||
employee with a record of all of the outgoing employee's | ||
pay stubs from the year preceding the date of separation. | ||
The offer shall be made to the outgoing employee by the end | ||
of the outgoing employee's final pay period. An employer | ||
shall record in writing the date on which this offer was | ||
made to the outgoing employee and if and how the outgoing | ||
employee responded. | ||
(4) A request made by an employee or former employee | ||
under this Section shall be made to a person responsible | ||
for maintaining the employer's payroll, including the | ||
employer's human resources department or payroll | ||
department, the employee's supervisor or department | ||
manager, or an individual designated in the employer's | ||
written policy. | ||
(e) Every employer shall post and keep posted at each | ||
regular place of business in a position easily accessible to | ||
all employees one or more notices indicating the regular | ||
paydays and the place and time for payment of his employees, | ||
and on forms supplied from time to time by the Department of | ||
Labor containing a copy or summary of the provisions of this | ||
Act. | ||
(Source: P.A. 81-593.)
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