Public Act 097-0512
 
SB0115 EnrolledLRB097 06240 AEK 46315 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Equal Pay Act of 2003 is amended by changing
Section 30 as follows:
 
    (820 ILCS 112/30)
    Sec. 30. Violations; fines and penalties.
    (a) If an employee is paid by his or her employer less than
the wage to which he or she is entitled in violation of Section
10 of this Act, the employee may recover in a civil action the
entire amount of any underpayment together with interest and
the costs and reasonable attorney's fees as may be allowed by
the court and as necessary to make the employee whole. At the
request of the employee or on a motion of the Director, the
Department may make an assignment of the wage claim in trust
for the assigning employee and may bring any legal action
necessary to collect the claim, and the employer shall be
required to pay the costs incurred in collecting the claim.
Every such action shall be brought within 5 years from the date
of the underpayment. For purposes of this Act, "date of the
underpayment" means each time wages are underpaid.
    (b) The Director is authorized to supervise the payment of
the unpaid wages owing to any employee or employees under this
Act and may bring any legal action necessary to recover the
amount of unpaid wages and penalties and the employer shall be
required to pay the costs. Any sums recovered by the Director
on behalf of an employee under this Section shall be paid to
the employee or employees affected.
    (c) Any employer who violates any provision of this Act or
any rule adopted under the Act is subject to a civil penalty
not to exceed $2,500 for each violation for each employee
affected, except that any employer or person who violates
subsection (b) or (c) of Section 10 is subject to a civil
penalty not to exceed $5,000 for each violation for each
employee affected. In determining the amount of the penalty,
the appropriateness of the penalty to the size of the business
of the employer charged and the gravity of the violation shall
be considered. The penalty may be recovered in a civil action
brought by the Director in any circuit court.
(Source: P.A. 96-467, eff. 8-14-09.)