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IllinoisSB2164104th General Assembly (2025–2026)SenateWALLET

WAGE PAYMENT-COLLECTION

Sponsored By: Michael W. Halpin (Democratic)

Became Law

assignmentslaborlabor & commerce

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 1 costs, 1 mixed.

Bigger damages and daily penalties for late wages

If you are not paid on time, you get the unpaid wages plus 5% extra for each month after the due date. In a court case, you can also recover costs and reasonable attorney’s fees. In Department cases, the 5% adds up each month until a final order becomes a State debt. If an employer does not seek timely review and then fails to pay within 15 days of a Department demand or within 35 days of an administrative or court order, the employer owes a 20% penalty to the Department and must pay you 1% per day of the amount owed for each day of delay. You must choose one path: a Department claim or a civil lawsuit, not both.

Faster collection after final orders

The Department can run an administrative process to decide wage claims, if money is appropriated. If an employer does not pay within 35 days after a final order or does not seek timely court review, the order becomes a debt owed to the State. The Department can collect it like a court judgment and may file in circuit court. After the review period, unpaid wages, damages, penalties, fines, and fees are all collectible unless a court issues a stay.

More ways to recover wages

The Illinois Department of Labor must investigate wage-pay complaints. You can file a signed claim with proof within one year after your pay was due. If you cannot afford to sue, the Department can take your claim and go to court for you. You may also sue in circuit court without using the agency process first, alone or with other workers.

New fines, fees, and crimes for wage theft

Employers face stronger enforcement and costs. Failing to give required pay stubs can bring fines up to $500 per violation. When ordered to pay wages, employers must also pay a one-time fee: $250 (orders of $3,000 or less), $500 (over $3,000 but under $10,000), or $1,000 ($10,000 or more). Willfully refusing to pay wages is a crime: $5,000 or less is a Class B misdemeanor; over $5,000 is a Class A misdemeanor; each day is a separate offense; a repeat within two years is a Class 4 felony. The Department can subpoena records and witnesses, and the Attorney General represents the Department in these cases.

Wage Theft Enforcement Fund created

The law creates a Wage Theft Enforcement Fund. Fees and civil penalties, except money owed to employees, go into the Fund. The Fund pays for enforcement, outreach, and getting money to affected parties.

When the new rules apply

Procedural changes in this law apply retroactively. Substantive changes apply only going forward. The law treats changes to remedies as procedural.

Sponsors & Cosponsors

Sponsor

  • Michael W. Halpin

    Democratic • Senate

Cosponsors

  • Dave Vella

    Democratic • House

  • Eva-Dina Delgado

    Democratic • House

  • Graciela Guzmán

    Democratic • Senate

  • Javier L. Cervantes

    Democratic • Senate

  • Lakesia Collins

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 144 • No: 68

House vote • 5/22/2025

Third Reading - Standard Debate - Passed

Yes: 75 • No: 38

House vote • 4/23/2025

Do Pass / Short Debate Labor & Commerce Committee;

Yes: 17 • No: 8

Senate vote • 4/9/2025

Third Reading - Passed;

Yes: 37 • No: 19

Senate vote • 3/5/2025

Do Pass Labor;

Yes: 15 • No: 3

Actions Timeline

  1. Public Act . . . . . . . . . 104-0135

    8/1/2025Senate

  2. Effective Date August 1, 2025

    8/1/2025Senate

  3. Governor Approved

    8/1/2025Senate

  4. Sent to the Governor

    6/20/2025Senate

  5. Passed Both Houses

    5/22/2025Senate

  6. Third Reading - Standard Debate - Passed 075-038-000

    5/22/2025House

  7. Added Alternate Chief Co-Sponsor Rep. Dave Vella

    5/22/2025House

  8. Placed on Calendar Order of 3rd Reading - Standard Debate

    5/14/2025House

  9. Second Reading - Short Debate

    5/14/2025House

  10. Placed on Calendar 2nd Reading - Short Debate

    4/24/2025House

  11. Do Pass / Short Debate Labor & Commerce Committee; 017-008-000

    4/23/2025House

  12. Assigned to Labor & Commerce Committee

    4/17/2025House

  13. Referred to Rules Committee

    4/9/2025House

  14. First Reading

    4/9/2025House

  15. Chief House Sponsor Rep. Eva-Dina Delgado

    4/9/2025House

  16. Arrived in House

    4/9/2025House

  17. Added as Co-Sponsor Sen. Lakesia Collins

    4/9/2025Senate

  18. Third Reading - Passed; 037-019-000

    4/9/2025Senate

  19. Added as Co-Sponsor Sen. Graciela Guzmán

    4/2/2025Senate

  20. Placed on Calendar Order of 3rd Reading March 20, 2025

    3/19/2025Senate

  21. Second Reading

    3/19/2025Senate

  22. Placed on Calendar Order of 2nd Reading March 6, 2025

    3/5/2025Senate

  23. Do Pass Labor; 015-003-000

    3/5/2025Senate

  24. Added as Co-Sponsor Sen. Javier L. Cervantes

    2/28/2025Senate

  25. Assigned to Labor

    2/25/2025Senate

Bill Text

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