Employer, a beer distributing company, adopted a policy of deducting money from its delivery drivers' commissions for beer that stayed on the shelf too long and became stale. Delivery driver filed a complaint with Illinois Department of Labor (DOL), arguing that policy violated Section 9 of Wage Payment and Collection Act. DOL found that issue arose out of parties' collective bargaining agreement (CBA) and thus it lacked jurisdiction. Court properly found DOL decision clearly erroneous, as issue involved legality of the wage reduction under the Wage Act, which mandates that employees agree to any wage deductions in writing at the time the deduction is made. Claim does not require reference to or interpretation of CBA. (LAVIN, concurring; MASON, specially concurring.)
Illinois Appellate Court
Civil Court
Illinois Wage Payment and Collection Act