Bill Text: IL HB3405 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Wage Payment and Collection Act. Provides that gratuities are the property of employees and that employers shall not keep gratuities. Requires gratuities to be paid to employees within 13 days after the end of the pay period during which the gratuities were earned. Permits the employer to reduce the amount of a gratuity paid by credit card by a proportionate amount of the fee incurred in processing credit card payments.

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0509 [HB3405 Detail]

Download: Illinois-2019-HB3405-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3405 Introduced , by Rep. Karina Villa SYNOPSIS AS INTRODUCED:
820 ILCS 115/4.1 new
Amends the Illinois Wage Payment and Collection Act. Provides that gratuities to employees are the property of the employees and may not be retained by an employer. Provides that an employer's retention of gratuities is an underpayment of wages for purposes of the Act. Provides that the new provisions do not prohibit tip pooling as permitted by law. Provides that the new provisions do not affect an employer's entitlement to an allowance for gratuities to the extent permitted under the Minimum Wage Law.
LRB101 08167 JLS 53233 b
A BILL FOR
HB3405 LRB101 08167 JLS 53233 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Wage Payment and Collection Act is
amended by adding Section 4.1 as follows:
(820 ILCS 115/4.1 new)
Sec. 4.1. Gratuities. Gratuities to employees are the
property of the employees and may not be retained by an
employer. An employer's retention of gratuities is an
underpayment of wages for purposes of this Act.
This Section does not prohibit tip pooling as permitted by
law. This Section does not affect an employer's entitlement to
an allowance for gratuities to the extent permitted under
subsection (c) of Section 4 of the Minimum Wage Law.