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Illinois House Bill 4324 bill, in its original form, would have allowed an employee to file a claim that he or she is owed back wages. Once filed, with or without any evidence of its reliability, liens could have been placed on the business and personal property of the business owner for up to six months, even if the claim was false and before any hearing is held. However, due to strong opposition from the business community and employers, House Labor Chairman Jay Hoffman and Representative Chris Welch agreed to amend the bill to reduce the time spent on wage lien claims to 30 days with the Department of Labor, and requiring employers to post a 10 percent bond that would be released within 45 days. The amended bill passed in the House on April 27, 2018.

Once the bill arrived in the Senate, Senator Kimberly Lightford filed an amendment removing the language that the 10 percent bond would be returned to the employer within the 45 day time period. While the amendment was in direct opposition to the amended bill that passed the House, the bill passed in the Senate on May 25, 2018.

Since a different version of the bill passed in the Senate, the bill now goes back to the House where we understand Representative Hoffman and Welch have agreed to hold the bill until additional discussions can commence.