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Walters v. Department of Labor

Case Date: 03/24/2005
Court: 1st District Appellate
Docket No: 1-04-0590 Rel

FOURTH DIVISION
March 24, 2005



No. 1-04-0590

DAVID WALTERS,

                       Plaintiff-Appellee,

           v.

THE DEPARTMENT OF LABOR,

                       Defendant-Appellant

(Michelle Schuck, Eileen Manta,
Bonny Taylor, Heather Emerson,
Deborah Moore, Allan williams,
Johnnie Addison, Luis Diaz, and
Elba Gonazlez,

                         Defendants).

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)		 Appeal from
the Circuit Court
of Cook County.






No. 03 CH 3562




Honorable
Peter Flynn,
Judge Presiding.


JUSTICE THEIS delivered the opinion of the court:

Defendant, the Illinois Department of Labor (Department), appeals from an order of the circuit court of Cook County reversing the Department's determination in a wage payment demand that plaintiff, David Walters, violated the Illinois Wage Payment and Collection Act (the Act) (820 ILCS 115/1 et seq. (West 2002)). The Department contends that (1) the circuit court lacked jurisdiction to review its determination; and (2) the circuit court erred in finding that the determination of the hearing officer was against the manifest weight of the evidence. For the following reasons, we find the Department's wage payment demand is not subject to administrative review and vacate the judgment of the circuit court.

BACKGROUND

Walters was the president, chief executive officer, and 100% shareholder of FGI Print Management, Inc. (FGI). The company began operations in 1976, but by 2001, it was experiencing financial difficulties and ultimately ceased operating after selling its assets. Thereafter, several former FGI employees filed wage claim applications with the Department pursuant to the Act, alleging that FGI failed to pay them for unpaid vacation time.

On October 23, 2002, a hearing officer from the Department conducted an informal investigative hearing pursuant to section 300.950 of the Illinois Administrative Code (the Code) (56 Ill. Adm. Code