Part 300: PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION

Section 300.710 Burden of Proof The employer shall bear the burden of establishing the applicability of any claimed exception to Section 9 of the Act. (Source: Added at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.720 Written Agreement Authorizing Deductions a) Any written agreement between employer and employee permitting or authorizing deductions from wages or final compensation must be given freely at the time the deduction is made. In the case of cash advances, the agreemen…

Section 300.730 Cash or Inventory Shortages An employer shall not deduct from an employee's pay or otherwise demand reimbursement from an employee for cash and/or inventory shortages unless the employee's express written consent is given freely at the time the deduction or demand…

Section 300.740 Failure to Follow Credit Card, Check Cashing, or Accounts Receivable Procedures This Part also will apply to shortages incurred as a result of a failure to follow proper credit card, check cashing or accounts receivable procedures. (Source: Added at 16 Ill. Reg. 1…

Section 300.750 Cash Advance Repayment Agreement If a cash advance is to be repaid through payroll deductions, both the employer and the employee must sign an agreement specifying the amount of the advance, the repayment schedule, and the method of repayment. (Source: Added at 16…

Section 300.760 Advanced Vacation Pay If an employer permits an employee to take a vacation that has not yet been earned, and the employee resigns or is terminated, the employer may not deduct the unearned vacation pay from the employee's wages or final compensation without a wri…

Section 300.770 Tuition Reimbursement If an employer advances payment to or on behalf of the employee for the cost of tuition, textbooks and other expenses of voluntary elective educational courses, the employer may not deduct such advances from the employee's wages or final comp…

Section 300.780 Training and Educational Expenses An employer shall not deduct expenses for training or educational courses required by the employer, even though such training or educational courses are also required by State or federal government, unless the employee's express w…

Section 300.790 Cash Advance Exception The provisions of these rules pertaining to cash advances shall not apply to funds transmitted by wire to employees who are traveling, if a signed authorization is not practicable. (Source: Added at 16 Ill. Reg. 13828, effective September 1,…

Section 300.800 Deduction Limit No cash advance repayment agreement shall provide for a repayment schedule of more than 15% of an employee's gross wages or final compensation per paycheck. (Source: Amended at 35 Ill. Reg. 12933, effective July 20, 2011)

Section 300.810 Balance Due at Termination If, upon termination, an employee owes an amount greater than 15% of gross wages or final compensation, that amount may be withheld from the employee's wages or final compensation, but only if such an arrangement was included in the agre…

Section 300.820 Damaged Property A financial loss suffered by an employer due to damage to his/her property or to that of a customer or client shall not be deducted from an employee's pay unless the employee's expressed written consent is given freely at the time the deduction is…

Section 300.830 Return of Employer's Property In no case shall an employer withhold all or part of the final compensation due an employee while the employer awaits return of property in the possession of the employee unless the employee's express written consent is given freely a…

Section 300.840 Uniforms Required by an Employer An employer shall not deduct the cost of purchasing and/or cleaning uniforms required by the employer from an employee's wages or final compensation, unless the employee's express written consent is given freely at the time the ded…

Section 300.850 Equipment Required by an Employer An employer shall not deduct the cost of equipment required by the employer or by law from an employee's wages or final compensation unless the employee's express written consent is given freely at the time the deduction is made. …

Section 300.860 Medical Examinations and Records No employer shall require any employee or applicant for employment to pay the cost of medical examinations or the cost of furnishing any records of such examinations which are required by the employer as a condition of employment. …

Section 300.870 Deposit An employer may request that a deposit be paid on a particular piece of property, but such a deposit shall not be deducted from the employee's wages or final compensation unless the employee's express written consent is given freely at the time the deducti…

Section 300.880 Conditions of Return of Deposit A deposit must be returned to the employee, along with any final compensation, provided the employee has returned the property on which the deposit was paid. (Source: Added at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.890 Time for Return of Deposit If property is returned after all other final compensation has been paid, the deposit on the property must be given to the employee immediately upon return of the property, if possible, but in no case later than the next payday. (Source:…

Section 300.900 Overpayment a) When the employee agrees that an overpayment has been made, the entire sum of the overpayment may be deducted on the employee's first regular payday subsequent to the payday on which the overpayment occurred. If an overpayment is not discovered unti…

Section 300.910 Deductions From Bank Accounts Under no circumstances may an employer or its agents deduct or cause to be deducted disputed amounts from any banking account of the employee. (Source: Added at 16 Ill. Reg. 13828, effective September 1, 1992)

Section 300.920 Acceptance of Disputed Paycheck Acceptance by an employee of a disputed paycheck will not be evidence that the employee has released all claims. (Source: Amended at 38 Ill. Reg. 18517, effective August 22, 2014)

Section 300.930 Notice of Disputed Deductions a) Notice by an employer of disputed deductions from wages under Section 9 of the Act shall be either typewritten or clearly handwritten and shall include: the name and last known address of the employee from whose wages or final comp…

Section 300.940 Filing of a Claim and Service a) An employee or an employee's representative may file a complaint with the Department alleging violations of the Act by submitting a completed wage claim application on the form provided by the Department and by submitting all suppo…

Section 300.941 Response, Investigation, and Referral to Formal Administrative Hearing a) The respondent must, in response, remit payment of all undisputed amounts and submit a written explanation of all the amounts remaining in dispute within 20 days after the date of mailing or…

Section 300.942 Withdrawal of a Claim An employee may voluntarily withdraw his or her claim by submitting a written statement to the Department or making a verbal statement on the record during the hearing or at any time prior to the issuance of the ALJ's decision. The Department…

Section 300.950 Scheduling and Notice of Investigative Hearing (Repealed) (Source: Repealed at 38 Ill. Reg. 18517, effective August 22, 2014)

Section 300.960 Continuances (Repealed) (Source: Repealed at 38 Ill. Reg. 18517, effective August 22, 2014)

Section 300.970 Application of the Rules of Evidence, Pleadings and Procedures in an Investigative Hearing (Repealed) (Source: Repealed at 38 Ill. Reg. 18517, effective August 22, 2014)

Section 300.980 Participants at Informal Investigative Hearings (Repealed) (Source: Repealed at 38 Ill. Reg. 18517, effective August 22, 2014)

Section 300.990 Contumacious Conduct at Informal Investigative Hearings (Repealed) (Source: Repealed at 38 Ill. Reg. 18517, effective August 22, 2014)