Free Illinois Labor and Employment FAQs | Free Illinois Labor and Employment Legal Documents

Are Other Shortcuts Being Considered To Make It Easier For Employers To Comply?

Mon, 04 Jun 2007 21:51:22 GMT

A single centralized address, to which incomewithholding payments can be sent, in each state, is mandated for 1999. Development of electronic data transmission (EDT and EDI) options are also mandated by recent federal legislation.

Are Unemployment Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Unemployment insurance is subject to Federal income taxes. You may voluntarily elect to have Federal income taxes deducted from your gross Unemployment Insurance benefit payments in the amount of 10%.

Can An Employer Charge A Fee To Cover The Cost Of Issuing A Separate Check?

Tue, 29 May 2007 21:19:00 GMT

A fee of up to $5.00 per month can be assessed for each withholding order. This fee is deducted from the employee`s remaining income, not the support payment.

Can An Employer Discipline, Discharge Or Refuse To Hire An Employee That Has A Withholding Order?

Tue, 29 May 2007 21:19:00 GMT

No. If an employer discharges, disciplines, refuses to hire or otherwise penalizes an employee because of a support obligation, the employer can be ordered to employ, reinstate and pay restitution to the employee. The employer may also be fined up to $200.

Can Pay Be Withheld From Bonuses, Profit Sharing, And Commissions?

Tue, 29 May 2007 21:19:00 GMT

If the total monthly support payment cannot be met with the employee`s regular pay, bonuses, profit sharing and commissions are subject to withholding.

Can The Employer Send Withheld Income From Several Employees In One Check?

Tue, 29 May 2007 21:19:00 GMT

Yes, an employer may combine withheld amounts for more than one employee in a single payment, but it must be accompanied by itemized remittance information.

Does An Employer Have To Withhold At The Frequency On The Notice?

Tue, 29 May 2007 21:19:00 GMT

Employers do not have to vary their pay cycles to comply with the ordered frequency. The notice provides the total to be withheld and the corresponding amounts for weekly, biweekly, semimonthly and monthly pay cycles for the convenience of the employer.

Does The Employer Have To Tell The Employee That A Notice To Withhold Income For Child Support Has Been Received?

Tue, 29 May 2007 21:19:00 GMT

For an Illinois order, the employee will have received a NonCustodial Parent Notice, which explains the withholding process and the employee`s rights, along with a copy of the Notice to Withhold. If the Notice to Withhold was sent from another state, the employer must provide a copy to the employee.

Does The Notice To Withhold Always Come From The Illinois Department Of Public Aid?

Mon, 04 Jun 2007 21:51:22 GMT

No. The law allows every state to serve outside their state, and the notice may also come from a private attorney or a custodial parent.

How Do I Establish An Account With Ides?

Tue, 29 May 2007 21:19:00 GMT

Every newly created employing unit must register with IDES within 30 days of startup. Use theUI1 form or a UI1 DOM form for domestic / household workers.

How Does An Employer Know When And How Much To Withhold?

Tue, 29 May 2007 21:19:00 GMT

Withholding must begin no later than the first pay period occurring within 14 working days after the date the notice was mailed, faxed or personally served on the employer. The notice informs the employer of the amount to be withheld. The withheld pay must be sent in within 7 working days of the pay date of withholding. The address to which the withheld pay is to be sent is in the notice.

How Does An Employer Know When To Stop Withholding?

Tue, 29 May 2007 21:19:00 GMT

Employers stop withholding current support on the first pay date after the termination date that appears on the notice. Withholding of arrearage or delinquency must continue until paid in full or the employer is notified to cease withholding.

How Does The Federal Consumer Credit Protection Act Affect Withholding?

Tue, 29 May 2007 21:19:00 GMT

The Federal Consumer Credit Protection Act limits the available net income, as follows: 50% is available for support garnishments, if the employee has other dependants, as claimed on the W4; 55%, if the notice indicates the employee is delinquent 12 weeks or more. 60% is available for garnishments, if the employee has no other dependants; 65%, if the notice indicates the employee is delinquent 12 weeks or more.

If An Employee Has Other Wage Garnishments, Which Has Priority?

Tue, 29 May 2007 21:19:00 GMT

Support payments take priority over all others. If your employee also has federal, state or local tax garnishments, you should seek confirmation of this withholding priority from the tax agency.

Must My Employer Provide For Meal Or Rest Periods?

Tue, 29 May 2007 21:19:00 GMT

An employer must allow for a meal period of at least 20 minutes after 5 hours of work for employees who are to work 7.5 continuous hours or more.

Please Explain The New Hire Reporting Program?

Tue, 29 May 2007 21:19:00 GMT

All employers must report newly hired employees within 20 calendar days of their hire date, or twice monthly if reporting magnetically or electronically. The purpose of new hire reporting is to ensure accurate and prompt determination of child support obligations so that all children will receive the financial support they are entitled. The information also will be used to reduce fraud and abuse of unemployment insurance, food stamps, temporary assistance and Medicaid.

Employers must also provide the following minimal information:

name, address and social security number of the newly hired individual,
the name, address, and federal employer identification number of the hiring employer.

Employers are also asked to report:

the address to which the employer wants income withholding orders to be mailed (if different from the FEIN address), and
the date of hire (the date of hire, defined as the first day of work, will be used by IDES to identify who may be receiving UI benefits improperly).

Employers have the options of submitting information via:

the New Hire Reporting form provided by the Illinois Department of Employment Security;
copies of the employee's W4 form, with all information completed legibly, including the employer information;
a separate listing of new employees, with the required data; or
electronic or magnetic submission of data, reported twice monthly

Reports may be sent via first class mail, faxed, or emailed to the IDES:

Illinois New Hire Directory
P.O. Box 19473
Springfield, IL 627949473

PHONE: 1800327HIRE (4473)

FAX: 12175571947

For information on the file format for reporting via magnetic tape, cartridge or diskette, see magnetic filing or call (312)7939856.

The Notice From Another State References That State's Laws, Instead Of Illinois Laws, Which Do I Follow?

Tue, 29 May 2007 21:19:00 GMT

Follow the laws of the state in which the employee works.

What Does An Employer Do When The Employee Or Custodial Parent Ask Questions About Their Withholding Notice?

Tue, 29 May 2007 21:19:00 GMT

Employers are not responsible for answering questions about the information on the notice. Refer the employee or custodial parent to the inquiry number provided on the notice. In most cases, this will be IDPA`s Income Withholding Inquiry Line, but sometimes this will be the number of another state`s child support agency, a private attorney or a custodial parent.

What Does An Employer Send With The Withheld Check Or Money Order?

Mon, 04 Jun 2007 21:51:22 GMT

The employee`s name and Social Security number and the custodial parent`s name, IVD number and order number, which all appear in the upper right corner of the notice. This information must be sent with the pay date the income was withheld, the amount withheld and the check or money order.

What Does The Employer Receive?

Tue, 29 May 2007 21:19:00 GMT

The Illinois Department of Public Aid sends the federal form, Notice to Withhold Income for Child Support (DPA 3683), with the Illinois employer packet, which includes an Employer Summary Notice (DPA 2598), medical insurance and remittance forms. These forms provide a summary of all the information the employer needs to comply with income withholding.

What If An Employer Does Not Comply With The Notice To Withhold For Child Support?

Mon, 04 Jun 2007 21:51:22 GMT

The employer may be subject to a $100 penalty for each day that the withheld amount is not paid after 7 working days have expired. If the employer willfully fails to withhold support pursuant to a notice, the employer can be liable for the total amount.

What If The Employee Quits?

Tue, 29 May 2007 21:19:00 GMT

If the employee ends employment, the withholding should continue through the last pay date. When the employee leaves, the employer should return the notice along with any Information the employer might have about new employment and address.

What If The Employee's Available Net Income Is Less Than The Amount To Be Withheld?

Tue, 29 May 2007 21:19:00 GMT

Current support is withheld first, arrearage second and delinquency and other are last. If the employee has multiple notices, current for all cases is withheld first, on proportionate share basis. If any income is left after current support is withheld, withholding of proportionate shares of arrearage, then delinquency and other should follow.

What Is The Law Regarding Required Paydays?

Tue, 29 May 2007 21:19:00 GMT

Semimonthly paydays are required.

What Should The Employer Do When The Employee Is Ordered To Provide Medical Support?

Tue, 29 May 2007 21:19:00 GMT

The notice will indicate if the employer must enroll the children in health insurance coverage. If so, the employer must immediately enroll (without regard to enrollment periods) the employee`s child(ren) in the health plan designated in the order. The employer must withhold and pay the required premiums and other insurance fees on time. The employer must also mail to the custodial parent within 15 days of enrollment, or upon request, a notice of the effective date of coverage, information on the dependent coverage plan and the necessary forms to obtain reimbursement for covered services. The Employer Summary Notice which accompanies the notice, has the custodial parent`s name and address on it. This Information is confidential and is not to be shared with the employee. Please contact our Income Withholding Inquiry Line Downstate: 2177821380, Cook County: 3128037253, for assistance with questions you don`t find answered here. Also available is the New Hire Reporting handout developed by the Illinois Department of Employment Security or, you may call 1800327HIRE if you have questions about New Hire Reporting.

What is the minimum wage in Illinois?

Wed, 11 Jun 2008 23:17:39 GMT

The Illinois state minimum wage law does not contain current dollar minimums. Instead the state adopts the Federal minimum wage, which is currently $7.75.

When Can I Expect To Receive My First Check?

Tue, 29 May 2007 21:19:00 GMT

It usually takes 3 weeks from the date of your claim, if you are eligible. Checks are usually mailed every two weeks thereafter, following certification that you are still unemployed.

When Does The State Send Out Income Withholding Notices?

Tue, 29 May 2007 21:19:00 GMT

The state Initiates a notice to the employer within 215 days of learning about a noncustodial parent`s employment, depending on the source of the information.

Why Do Employers Play A Big Role In The Collection Of Child Support?

Tue, 29 May 2007 21:19:00 GMT

Welfare Reform has Identified jobs and child support as the keys to Increased selfsufficiency. The law includes strict work requirements for custodial parents receiving welfare. It steps up efforts to locate parents who are not supporting their children and requires all support orders to be subject to income withholding, unless specifically agreed otherwise. Income Withholding has proven to be the single, most effective and consistent collection method, and New Hire Reporting has proven to be the most successful means of locating parents for the establishment and collection of that support. As payors of income, employers are the primary source that can consistently guarantee the earliest location of noncustodial parents and the speediest collection of child support. We recognize the extra work this places on employers, and we appreciate their efforts to ensure that America`s children have the necessary financial support from both parents.

Will The Employer Packets Vary?

Tue, 29 May 2007 21:19:00 GMT

Yes. Although the notice will be the same because it was standardized federally to make it easily recognizable, each state has different forms that will accompany the notice. Also, individual attorneys and parents have the legal right to serve employers, and they may not always use the standard notice. Additional items may also vary.

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