Illinois Department Of Labor Assessing Fines For Record-Keeping Violations


Illinois wage laws like the Illinois Minimum Wage Law (IMWL) and One Day Rest in Seven Act (ODRISA) require employers to maintain certain records for each employee, such as time records of hours worked, records showing the times employees have taken meal periods and pay records. Historically, violations of these so-called record-keeping requirements did not typically result in penalties or fines.  However, recently, the Illinois Department of Labor (IDOL) has been enforcing violations of these record-keeping requirements by imposing up to a $100 fine per employee lacking required records.  The IDOL can issue these “per employee” fines for all current and former employees for the previous three years. The record-keeping requirements for the ODRISA can be found here and the record-keeping requirements for the IMWL can be found here.  Record-keeping requirements applicable to tipped employees can be found here.  Employers should ensure that they maintain these records to avoid potentially hefty penalties as well as to defend against potential wage claims by employees.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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