Rep. Margaret Croke
Filed: 5/2/2024
 
 

 
 

 
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1
AMENDMENT TO SENATE BILL 3180 

2    AMENDMENT NO. ______. Amend Senate Bill 3180 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The One Day Rest In Seven Act is amended by 
5changing Section 7 and by adding Section 5.5 as follows:
 
6    (820 ILCS 140/5.5 new)
7    Sec. 5.5. Retaliation prohibited. An employer, or agent or 
8officer of an employer, violates this Act if he or she 
9discharges, takes an adverse action against, or in any other 
10manner discriminates against any employee because that 
11employee has:
12        (1) exercised a right under this Act;
13        (2) made a complaint to his or her employer or to the 
14    Director or the Director's authorized representative;
15        (3) caused to be instituted or is about to cause to be 
16    instituted any proceeding under or related to this Act; or
 
 
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1        (4)testified or is about to testify in an 
2    investigation or proceeding under this Act.
 
3    (820 ILCS 140/7)  (from Ch. 48, par. 8g)
4    Sec. 7. Civil offense. 
5    (a) Any employer who violates Sections 2, 3, or 3.1 shall 
6be guilty of a civil offense, and shall be subject to a civil 
7penalty as follows:
8        (1) For an employer with fewer than 25 employees, a 
9    penalty not to exceed $250 per offense, payable to the 
10    Department of Labor, and damages of up to $250 per 
11    offense, payable to the employee or employees affected.
12        (2) For an employer with 25 or more employees, a 
13    penalty not to exceed $500 per offense, payable to the 
14    Department of Labor, and damages of up to $500 per 
15    offense, payable to the employee or employees affected.
16    (b) An offense under this Act shall be determined on an 
17individual basis for each employee whose rights are violated.
18        (1) Each week that an employee is found to not have 
19    been allowed 24 consecutive hours of rest as required in 
20    Section 2 shall constitute a separate offense.
21        (2) Each day that an employee is found not to have been 
22    provided a meal period as required in Section 3 shall 
23    constitute a separate offense.
24        (3) A violation of Section 8.5 shall constitute a 
25    single offense, and is subject to a civil penalty not to 
 
 
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1    exceed $250 payable to the Department of Labor.
2        (4) An employee who has been unlawfully retaliated 
3    against in violation of Section 5.5 shall be entitled to 
4    recover, through a claim filed with the Department, all 
5    legal and equitable relief as may be appropriate.
6    (c) The Director of Labor shall enforce this Act in 
7accordance with the Illinois Administrative Procedure Act. The 
8Director of Labor shall have the powers and the parties shall 
9have the rights provided in the Illinois Administrative 
10Procedure Act for contested cases, including, but not limited 
11to, provisions for depositions, subpoena power and procedures, 
12and discovery and protective order procedures.
13    (d) Penalties and fees under this Section may be assessed 
14by the Department and recovered in a civil action brought by 
15the Department in any circuit court or in any administrative 
16adjudicative proceeding under this Act. In any such civil 
17action under this Act, the Department shall be represented by 
18the Attorney General. Any funds collected by the Department of 
19Labor under this Act shall be deposited into the Child Labor 
20and Day and Temporary Labor Services Enforcement Fund.
21(Source: P.A. 102-828, eff. 1-1-23.)
 
22    Section 99. Effective date. This Act takes effect upon 
23becoming law.".