Current through Register Vol. 48, No. 38, September 20, 2024
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 wages
or compensation owed to the office location designated by the Department. One
certified check, cashier's check, or money order shall be for the amount of any
wages or final compensation, less all required deductions for federal and State
taxes and social security plus statutory damages and statutory penalties owed
to the employee, made payable to: "[INSERT EMPLOYEE NAME] or Illinois
Department of Labor", inserting the employee's name accordingly. The second
certified check, cashier's check, or money order shall be for the amount of any
penalties and fees owed to the Department made payable to the "Illinois
Department of Labor".
2) Make two
separate payment transactions using an electronic payment system designated by
the Department for such payments. One transaction shall be for the amount of
any wages owed or final compensation, less all required deductions for federal
and State taxes and social security; plus statutory damages and statutory
penalties owed to the employee, designated with the employee's name. The second
transaction shall be for the amount of any penalties and fees owed to the
Department, designated as "Fines/Fees to IDOL".
b) The Department shall make a good faith
effort to find any aggrieved employee owed wages or other compensation. To aid
the Department in locating all aggrieved employees, the Department may seek the
last known address of the aggrieved employee from the employer and may require
the employer to provide the Department with known contact information for an
aggrieved employee. If an aggrieved employee cannot be found after one year
from the date the payment from the employer is received by the Department, the
money owed to that aggrieved employee shall be transferred to the Office of the
Treasurer as unclaimed property, under the Revised Uniform Unclaimed Property
Act [765
ILCS 1026/15-201] .
1) For the purposes of this Section, "good
faith effort" means that the Department took all necessary and reasonable steps
to locate all aggrieved employees, including phone calls, electronic mail, and
electronic searches for each aggrieved employee, even if those steps were not
successful. "Good faith efforts" are those that one could reasonably expect
from a person who is actively attempting to contact an aggrieved
employee.
2) Each respondent who
provides wages, compensation, damages, penalties, or fees under this Section
shall be assigned a vendor number by the Department. The vendor number shall be
communicated to the Illinois State Comptroller's Office. When an
aggrieved employee makes a valid request for payment to the Department, the
Department shall use the vendor payment number to process payment on behalf of
the aggrieved employee. [820 ILCS
115/11.5(b)]
c) When the Department can locate the
claimant or other aggrieved employee, the Department shall remit payment of
wages or other compensation owed within 120 days after the Department received
such payment from the employer or located the claimant or other aggrieved
employee.
