State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]


92_SB0281

 
                                               LRB9206470WHcs

 1        AN ACT concerning wages.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Minimum Wage Law is amended by changing
 5    Section 12 as follows:

 6        (820 ILCS 105/12) (from Ch. 48, par. 1012)
 7        Sec. 12.  (a) If any employee is  paid  by  his  employer
 8    less  than  the  wage  to  which  he  is  entitled  under the
 9    provisions of this Act, the employee may  recover in a  civil
10    action  the  amount  of  any such underpayments together with
11    costs and such reasonable attorney's fees as may  be  allowed
12    by  the Court, and any agreement between him and his employer
13    to work for less than such wage is no defense to such action.
14    At the request of the employee or on motion of  the  Director
15    of  Labor,  the Department of Labor may make an assignment of
16    such wage claim in trust for the assigning employee  and  may
17    bring  any  legal action necessary to collect such claim, and
18    the employer shall be required to pay the costs  incurred  in
19    collecting  such  claim.   Every such action shall be brought
20    within 3 years from  the  date  of  the  underpayment.   Such
21    employer  shall  be liable to the Department of Labor for 20%
22    of  the  total   employer's   underpayment   and   shall   be
23    additionally  liable  to the employee for punitive damages in
24    the amount of 2% of the amount of any such underpayments  for
25    each  month  following  the date of payment during which such
26    underpayments remain unpaid.   The  Director  may  promulgate
27    rules for the collection of these penalties.  The amount of a
28    penalty  may  be determined, and the penalty may be assessed,
29    through  an  administrative  hearing.   The  penalty  may  be
30    recovered in a civil action brought by the Director of  Labor
31    in  any  circuit court. The penalty shall be imposed in cases
 
                            -2-                LRB9206470WHcs
 1    in which an employer's conduct is proven by  a  preponderance
 2    of  the  evidence  to  be  willful.   In any such action, the
 3    Director of  Labor  shall  be  represented  by  the  Attorney
 4    General.
 5        (b)  The  Director is authorized to supervise the payment
 6    of  the  unpaid  minimum  wages  and  the   unpaid   overtime
 7    compensation   owing  to  any  employee  or  employees  under
 8    Sections 4 and 4a of this Act and may bring any legal  action
 9    necessary  to  recover the amount of the unpaid minimum wages
10    and unpaid overtime  compensation  and  an  equal  additional
11    amount  as  punitive  damages,  and  the  employer  shall  be
12    required to pay the costs. The action shall be brought within
13    3  years  from  the  date  of the failure to pay the wages or
14    compensation. Any sums thus  recovered  by  the  Director  on
15    behalf  of  an  employee pursuant to this subsection shall be
16    paid to the employee or employees affected.  Any sums  which,
17    more  than  one year after being thus recovered, the Director
18    is unable to pay to an employee shall be deposited  into  the
19    General Revenue Fund.
20    (Source: P.A. 88-431.)

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