Aaron Harris | Executive Director, Employment Law Council | 312-596-5899
The mission of the Employment Law Council is to effectively represent Illinois employers on employment law issues such as workers compensation, unemployment insurance, employment discrimination, workplace mandates and other management/employee issues. We advocate public policy actions that advance the interests and viewpoints of employers, and to assist in creating a political climate conducive to improving Illinois' ability to create and retain jobs.

The Council accomplishes its mission with the involvement of hundreds of employers who participate in our three committees: Workers' Compensation; Employment Law & Litigation; and Unemployment Insurance. Through the efforts of these committees we develop policies and strategies that are implemented by the Council and Illinois Chamber staff.
The Illinois Department of Labor (IDOL) rule making changes to their Wage Payment & Collection Act regulations when into effect on March 31st. The final, adopted rule was published in the April 14, 2023 Illinois Register . See pages 5406-5426.

This Rulemaking:
  •  implements Public Act 102-50 by changing the allowable penalty assessment amount from 2% of amount owed to 5% per month of amount owed. 
  •  implements Public Act 102-1065 and Public Act 102-1076 by establishing when a general construction contractor may be liable for unpaid wages owed by their subcontractor. 
  • clarifies when an employee may be entitled to reimbursement for necessary employment-related expenditures pursuant to Section 9.5 of the Act and when an employer may deduct from an employee’s wages. 
  •  clarifies the process by which proceedings under the Act will be heard by an Administrative Law Judge. 
  •  authorizes the Department and parties to choose to communicate electronically and authorizes the electronic payment of fines and fees. 
  • establishes the process by which, if an employee who is owed wages cannot be located, the wages shall be transferred to the Office of the Treasurer as unclaimed property. 
  •  establishes the process by which compensation recovered by the Department is disbursed to the aggrieved employee(s).

In the final version, IDOL deleted a definition of the term “de minimis” and clarified that how long an employer is receiving a benefit is a factor that is relevant in an analysis of whether a expense for which an employee seeks reimbursement is to the benefit of an employer in Section 300.540 and identified the State Treasurer’s E-Pay system as the appropriate electronic payment system referenced in Section 300.116.
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