Illinois Enacts Wage Statement Requirements

Joining the states that already regulate employee wage statements (i.e., pay stubs) like California and New York, Illinois adopted a similar law that took effect January 1, 2025.  Illinois’ new pay stub law will require employers to provide their employees with pay stubs each pay period that contain expected information like pay rates and corresponding hours worked, gross wages and deductions for the check, and the total of wages and deductions year-to-date.  Employers are required to maintain copies of pay stubs for three years and must provide copies to employees within 21 days of their request (though not more than twice in a 12-month period or more than one year after the employee’s separation).  If an employer only provides stubs electronically and the employee cannot access stubs for at least a year after separation, the employer must offer to provide the departing employee the last year’s pay stubs before separation, documenting the offer and the employee’s response.  There is a $500-per-violation penalty in addition to any attorneys’ fees or damages awardable under existing Illinois wage protection legislation for noncompliance with this law.