Part 300: PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION

Section 300.100 Cash or Inventory Shortages (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.1000 Informal Telephone Hearings a) The Department does not routinely hold informal investigative hearings by telephone. Written requests to participate by telephone must be received by the Department's Chicago office no later than 7 days prior to the hearing date. Th…

Section 300.1010 Issuance of Administrative Subpoena The Department may issue an administrative subpoena to compel the attendance of a witness and/or the production of documents upon the Department's determination that the information to be produced by a subpoena is necessary and…

Section 300.1020 Review of Hearing Officer Determination (Repealed) (Source: Repealed at 38 Ill. Reg. 18517, effective August 22, 2014) SUBPART G: FORMAL HEARINGS

Section 300.1028 Applicability Subpart G is effective for retaliation complaints as well as wage claim applications filed regardless of the amount of the claim. This Subpart shall supersede the Department's Rules of Procedure in Administrative Hearings (56 Ill. Adm. Code 120) for…

Section 300.1030 Consolidation/Severance/Class Actions a) The Department may, on its own or at the request of a party, consolidate hearings if it believes a common question of law or fact is involved, consolidation will expedite the hearings, and no right of any party will be pre…

Section 300.1040 Scheduling and Notice of a Formal Hearing A written notice of the formal hearing shall be served on the parties not less than 21 days prior to the date of the hearing. The notice shall advise all parties that a failure to appear at the hearing may result in the e…

Section 300.1050 Manner and Service of Notice a) Service of notice of a formal hearing shall be complete when the notice of hearing is: 1) Personally served; or 2) Sent not less than 21 days prior to the date designated for the hearing by: A) Regular US mail, postage prepaid, to …

Section 300.1060 Formal Hearing Continuances Parties shall be prepared to proceed at the hearing. Absent an emergency, all requests for a continuance must be made in writing to the ALJ at least 10 days prior to the scheduled hearing and will be granted only upon a showing of good…

Section 300.1070 Application of the Rules of Evidence, Pleadings, and Procedures in a Formal Hearing a) Technical rules of evidence do not apply in a hearing before an ALJ. The decision of the ALJ will be based upon the evidence and testimony. The ALJ may rely upon evidence of a …

Section 300.1080 Participants at a Formal Hearing a) A party may be accompanied at a formal hearing by his or her attorney or other representative. The participation of the other representative in the hearing shall be limited to fact-finding and support functions. Other represent…

Section 300.1090 Conduct in a Formal Hearing a) The ALJ shall conduct and control the hearing, which will be confined to the factual and/or legal issues of the claim. The ALJ will ensure that all parties who have appeared have a reasonable opportunity to present all relevant evid…

Section 300.110 Failure to Follow Credit Card, Check-Cashing, Accounts Receivable Procedures (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.1100 Telephone Hearing for a Formal Hearing a) Written requests to participate via telephone must be received by the Department's Chicago office, 160 N. LaSalle, C-1300, Chicago IL 60601, no later than seven days prior to the hearing date. The request shall be promine…

Section 300.1110 Subpoenas for Investigation and Testimony at Hearing a) The Department may issue an administrative subpoena to compel the attendance of a witness and/or the production of documents upon the Department's determination that the information to be produced by a subpo…

Section 300.1120 Ex Parte (One Party Only) Communications a) An ALJ may not engage in ex parte communications, directly or indirectly, in any matter in connection with any substantive issue, with any interested person or party. If the ALJ receives any ex parte communication, incl…

Section 300.1130 Disqualification of an Administrative Law Judge At any time prior to the issuance of a substantive ruling by an ALJ, a party may move to disqualify the ALJ on the grounds of bias or conflict of interest. The motion shall be made in writing to the General Counsel,…

Section 300.1140 Consolidation/Severance (Repealed) (Source: Repealed at 38 Ill. Reg. 18517, effective August 22, 2014)

Section 300.1150 Failure of a Party to Appear at a Formal Hearing a) Failure of a claimant to appear at a scheduled formal hearing may result in dismissal of the claim. If the hearing or any party's appearance is by telephone, failure of that party to inform the ALJ of the teleph…

Section 300.1160 Notice and Appeal of Department's Order a) Following the entry of a final order, the Department will send written notice of its order to the parties by regular U.S. mail, or via email to an email address previously designated by the party for purposes of receivin…

Section 300.1180 Non-Waivable Administrative Fee to the Department If the Department determines that a respondent owes wages or final compensation to the claimant and any other aggrieved employee, it shall assess the appropriate non-waivable administrative fee per employee as pro…

Section 300.1190 Statutory Damages Due to the Employee If the Department determines that a respondent owes wages or final compensation to the claimant, statutory damages shall be assessed at 5% of the amount owed, multiplied by the number of months that elapse between the time of…

Section 300.120 Acceptance of Disputed Paycheck (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.1200 Additional Penalties Due to the Department and Employee If a respondent fails to comply with the order within 15 days after the order becomes final, the respondent shall also be liable to the Department for a statutory penalty of 20% of the amount owed and shall …

Section 300.1210 Payment of Wages or Compensation Owed, Penalties, and Fees a) A respondent shall pay wages, compensation, penalties, or fees owed in either of the following manners: 1) Mail two separate certified checks, cashier's checks, or money orders to pay the amount of wag…

Section 300.1220 Filing of a Complaint, Investigation and Service a) An employee or an employee's representative may file a complaint with the Department alleging unlawful retaliation by submitting a complaint on a form provided by the Department. Complaints shall be filed within…

Section 300.200 Cash Advance Repayment Agreement (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.210 Deduction Limit (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.220 Balance Due at Termination (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.230 Acceptance of Disputed Paycheck (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.300 Damaged Property (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.310 Acceptance of Disputed Paycheck (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.400 Return of Employer's Property (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.410 Deposit (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.420 Conditions of Return of Deposit (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.430 Time for Return of Deposit (Repealed) (Source: Repealed at 16 Ill. Reg. 13828, effective September 1, 1992) SUBPART A: GENERAL PROVISIONS

Section 300.440 Jurisdiction The Department will review a claim for wages or final compensation and determine whether the Department can assert jurisdiction over the claim. a) The phrase "in this State" as used in the Act does not exclude entities physically situated outside the …

Section 300.450 Definitions Except for the terms set forth in Section 2 of the Act, all other terms used in this Part shall have the meanings set forth in this Section. "Act" means the Illinois Wage Payment and Collection Act [820 ILCS 115]. "Administrative Employee" means an emp…

Section 300.460 Independent Contractor Exemption a) All three conditions enumerated in Section 2 of the Act must be satisfied for the independent contractor exemption to apply. For purposes of Section 2 of the Act: 1) "Control" means the existence of general control or right to g…

Section 300.500 Earned Bonuses A bonus is compensation given in addition to the required compensation for services performed. The Department does not maintain jurisdiction over discretionary or gratuitous bonuses. In order to receive compensation under the Act, the bonus must be …

Section 300.510 Earned Commissions A commission is the compensation for services performed pursuant to an employment contract or agreement between the two parties. In order to be entitled to receive compensation for a commission under the Act, the commission must be earned under …

Section 300.520 Earned Vacations a) Whenever an employment contract or an employment policy provides for paid vacation earned by length of service, vacation time is earned pro rata as the employee renders service to the employer. b) Oral promises, handbooks, memoranda, and unifor…

Section 300.530 Severance Severance is a payment that an employee is entitled to be paid upon separation from employment pursuant to an agreement between the parties or established practice of the employer. (Source: Added at 38 Ill. Reg. 18517, effective August 22, 2014)

Section 300.540 Reimbursement of Expenses a) Primary Benefit to the Employer 1) When determining if an expense is to the primary benefit of the employer, the relevant factors are: A) Whether the employee has any expectation of reimbursement; B) Whether the expense is required or …

Section 300.600 Payment of Wages a) All wages owed to an employee shall be paid at the discretion of the employer, in lawful money of the United States, by a check redeemable only upon demand and without discount at a bank or other financial institution readily available to the e…

Section 300.610 Gratuitous Payments at Separation The Department shall apply any gratuitous payments made by an employer to an employee upon separation against any final compensation which the employer is obligated to pay. As used herein, a gratuitous payment is money given by an…

Section 300.620 Individual Liability of Officers, Agents, or Other Persons a) As a result of PA 96-1407, any person, including corporate officers, agents, or any person who acts directly or indirectly in the interest of an employer in relation to an employee is an employer under …

Section 300.630 Records and Notice Requirements a) Regardless of an employee's status as an exempt administrative employee, executive, or professional, every employer shall make and maintain for not less than 3 years the following true and accurate records for each employee: name…

Section 300.640 Refusal to Pay Wages or Final Compensation a) The duty to pay wages or final compensation arises out of a contract of employment, an employment policy, or an agreement between the parties. The Department will make a determination in accordance with Subpart F or G …

Section 300.700 Scope of Subpart D Nothing in this Subpart shall be construed to permit an employer to violate the provisions of the Minimum Wage Law [820 ILCS 105] or the Fair Labor Standards Act of 1938, as amended (29 USC 201 et seq.). (Source: Amended at 35 Ill. Reg. 12933, e…