SB 3208

Abstract

Amends the Personnel Record Review Act. Provides that every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect his or her pay stubs. Amends the Illinois Wage Payment and Collection Act. Provides that employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period (rather than shall furnish each employee with an itemized statement of deductions made from the employee's wages for each pay period). Provides that an employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form, and the employer shall furnish the pay stub to the employee or former employee upon the employee or former employee's request. Provides that an employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. Provides that an employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor. Defines "pay stub". Senate Floor Amendment No. 1 Deletes reference to: 820 ILCS 40/2 from Ch. 48, par. 2002 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes. Removes the amendatory changes to the Personnel Record Review Act. Provides that an employer shall provide an employee with a copy of the employee's pay stubs upon the employee's request. Provides that the employer shall furnish the copy of the pay stubs to the employee by the end of the next pay period following the employee's request. Provides that an employer is not required to grant an employee's request for a copy of pay stubs more than twice in a 12-month period. Provides that an employer shall provide a former employee with a copy of the former employee's pay stubs upon the former employee's request. Provides that the employer shall furnish the copy of the pay stubs to the former employee by the end of the following pay period following the employee's request. Provides that an employer is not required to grant a former employee's request for a copy of pay stubs more than twice in a 12-month period or more than one year after the date of separation. Provides that an employer who furnishes electronic pay stubs in a manner that a former employee cannot access for at least a full year after separation shall, upon an employee's separation from employment, offer to provide the outgoing employee with a record of all of the outgoing employee's pay stubs from the year preceding the date of separation. Makes changes to provisions concerning definitions and penalties. House Floor Amendment No. 1 Provides that an employer shall furnish a copy of requested pay stubs to an employee or former employee within 21 calendar days of the request (rather than by the end of the next pay period of the request). Provides that a request made by an employee or former employee for a copy of a pay stub shall be made to a person responsible for maintaining the employer's payroll, including the employer's human resources department or payroll department, the employee's supervisor or department manager, or an individual designated in the employer's written policy.