Illinois Enacts Wage Payment and Collection Act 

What happened?

On August 9, 2024, Governor J. B. Pritzker signed SB 3208, which amends specific sections of the Illinois Wage Payment and Collection Act.

What are the details?

Key Bites for Employers:

• Employers must maintain copies of employees’ paystubs for 3 years after the date of the payment.

• Upon request from current employees, employers must furnish a copy of the paystubs to the employee within 21 calendar days of the employee’s request for the paystubs.

• Former employees may request a copy of their paystubs for up to 1 year after separation from employment and employers must provide them within 21 calendar days.

• Employers are not required to grant more than 2 requests within 12 months.

• Employers who offer electronic paystubs to their employees in a manner the former employee cannot access after separation must offer a separating employee a copy of the past year of the employee’s paystubs.

For additional information, please visit our previous update here: Illinois Bill Will Amend the Illinois Wage Payment and Collection Act (VensureHR).

Business Considerations

• Employers should update their policies, practices, and procedures to comply with the new requirements and employee/former employees’ rights.
• Employers should train their HR personnel to have updated policies and procedures, as well as correctly manage these types of requests.

Source References

• IL SB 3208

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.