Illinois General Assembly - Bill Status for SB 2339

Amends provisions of the Minimum Wage Law establishing an employer's liability for punitive damages in the case of underpayment of wages by stating that "the employee may recover such punitive damages in any proceeding or action allowed by any provision of this subsection, including, but not limited to, a civil action filed directly by the employee, and, subject to the limitations period set forth herein, the employee's remedy of recovering punitive damages in any proceeding or action allowed by any provision of this subsection shall be available in and applicable to all claims and causes of action under this subsection, whenever arising, including, without limitation, presently existing claims and actions for which a final and no-longer appealable order has not yet been entered". Effective immediately.

Deletes everything after the enacting clause. Amends the Minimum Wage Law. Provides that the Director of Labor may require by subpoena the attendance and testimony of witnesses and the production of books, records, and other evidence regarding a matter under investigation or hearing. Authorizes an employee who has been underpaid under the Act to recover in a civil action damages of 2% of the amount of the underpayments for each month following the date of payment during which the underpayments remain unpaid (in addition to the underpayments, costs, and attorney's fees that may be collected under existing law). In provisions allowing the Department of Labor to collect certain penalties and damages for underpayments, deletes language providing that the Director of Labor may promulgate rules for the collection of those penalties, deletes language providing that those penalties may be determined and assessed through an administrative hearing, and deletes language providing that those penalties shall be imposed if the employer's conduct is proven by a preponderance of the evidence to be willful. In provisions authorizing the Director of Labor to supervise the payment of unpaid minimum wages and unpaid overtime compensation and to bring an action to recover those amounts and an equal additional amount as damages, also provides that the employer shall be liable to the Department of Labor for 20% of the total employer's underpayment. Amends the Illinois Wage Payment and Collection Act by providing that an employee is liable to pay specified penalties 15 days after the Director of Labor demands (rather than orders) that the employer pay the wages. Amends both Acts by including limited liability companies in the definition of "employer". Makes other changes. Effective immediately.

Deletes provisions of the bill, as amended, concerning supervision by the Director of Labor of the payment of unpaid minimum wages and unpaid overtime compensation and an employer's liability for punitive damages in the case of underpayment, and re-inserts those provisions with the following additions: Provides that an employer "shall be additionally liable to the Department of Labor for up to 20% of the total employer's underpayment where the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard of this Act or any rule adopted under this Act". Makes other changes.

Deletes provisions of the bill amending the Minimum Wage Law regarding an employer's liability for penalties and damages for underpayment of wages, and re-inserts similar provisions with revised provisions regarding penalties and damages as follows: "Such employer shall be liable to the Department of Labor for up to 20% of the total employer's underpayment where the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard of this Act or any rule adopted under this Act. Such employer shall be additionally liable to the employee for damages in the amount of 2% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid". Provides that an employee may not collect 2% damages for the same violation in both an action brought by the employee and an action brought by the Department. In provisions authorizing the Director of Labor to supervise the payment of unpaid minimum wages and unpaid overtime compensation and bring legal action to recover the unpaid amounts and damages, provides that those provisions apply if an employee has not collected damages for the same violation.

Date	Chamber	Action
7/14/2006	Senate	Public Act . . . . . . . . . 94-1025

Date	Chamber	Action
1/12/2006	Senate	Filed with Secretary by Sen. Miguel del Valle
1/12/2006	Senate	First Reading
1/12/2006	Senate	Referred to Rules
2/1/2006	Senate	Assigned to Labor
2/1/2006	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Miguel del Valle
2/1/2006	Senate	Senate Committee Amendment No. 1 Referred to Rules
2/7/2006	Senate	Senate Committee Amendment No. 1 Rules Refers to Labor
2/7/2006	Senate	Senate Committee Amendment No. 2 Filed with Secretary by Sen. Miguel del Valle
2/7/2006	Senate	Senate Committee Amendment No. 2 Referred to Rules
2/8/2006	Senate	Senate Committee Amendment No. 2 Rules Refers to Labor
2/8/2006	Senate	Senate Committee Amendment No. 2 Adopted
2/8/2006	Senate	Do Pass as Amended Labor; 010-000-000
2/8/2006	Senate	Placed on Calendar Order of 2nd Reading February 9, 2006
2/8/2006	Senate	Senate Committee Amendment No. 1 Tabled in Labor; by Senator del Valle
2/9/2006	Senate	Added as Co-Sponsor Sen. Antonio Munoz
2/9/2006	Senate	Added as Chief Co-Sponsor Sen. Martin A. Sandoval
2/15/2006	Senate	Added as Co-Sponsor Sen. Gary Forby
2/16/2006	Senate	Second Reading
2/16/2006	Senate	Placed on Calendar Order of 3rd Reading February 22, 2006
2/27/2006	Senate	Senate Floor Amendment No. 3 Filed with Secretary by Sen. Miguel del Valle
2/27/2006	Senate	Senate Floor Amendment No. 3 Referred to Rules
2/28/2006	Senate	Senate Floor Amendment No. 3 Rules Refers to Labor
3/2/2006	Senate	Senate Floor Amendment No. 3 Recommend Do Adopt Labor; 007-000-000
3/2/2006	Senate	Recalled to Second Reading
3/2/2006	Senate	Senate Floor Amendment No. 3 Adopted; del Valle
3/2/2006	Senate	Placed on Calendar Order of 3rd Reading
3/2/2006	Senate	Third Reading - Passed; 056-000-000
3/2/2006	House	Arrived in House
3/2/2006	House	Placed on Calendar Order of First Reading
3/2/2006	House	Chief House Sponsor Rep. William Delgado
3/2/2006	House	First Reading
3/2/2006	House	Referred to Rules Committee
3/8/2006	House	Assigned to Labor Committee
3/15/2006	House	Do Pass / Short Debate Labor Committee; 018-000-000
3/16/2006	House	Placed on Calendar 2nd Reading - Short Debate
3/30/2006	House	Added Alternate Chief Co-Sponsor Rep. Larry McKeon
3/30/2006	House	Added Alternate Chief Co-Sponsor Rep. Cynthia Soto
3/30/2006	House	Added Alternate Chief Co-Sponsor Rep. Eddie Washington
3/31/2006	House	Final Action Deadline Extended-9(b) April 7, 2006
4/7/2006	House	Final Action Deadline Extended-9(b) April 13, 2006
4/7/2006	House	Second Reading - Short Debate
4/7/2006	House	Held on Calendar Order of Second Reading - Short Debate
4/10/2006	House	Added Alternate Chief Co-Sponsor Rep. Esther Golar
4/10/2006	House	House Amendment No. 1 Filed with Clerk by Rep. William Delgado
4/10/2006	House	House Amendment No. 1 Referred to Rules Committee
4/12/2006	House	Fiscal Note Filed As Amended by HA 1
4/12/2006	House	House Amendment No. 1 Rules Refers to Labor Committee
4/13/2006	House	Final Action Deadline Extended-9(b) April 30, 2006
4/18/2006	House	Added Alternate Co-Sponsor Rep. Charles E. Jefferson
4/19/2006	House	House Amendment No. 1 Recommends Be Adopted Labor Committee; 011-001-000
4/26/2006	House	House Amendment No. 1 Adopted by Voice Vote
4/26/2006	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/30/2006	House	Final Action Deadline Extended-9(b) May 5, 2006
5/1/2006	House	Recalled to Second Reading - Short Debate
5/1/2006	House	Held on Calendar Order of Second Reading - Short Debate
5/1/2006	House	House Amendment No. 2 Filed with Clerk by Rep. William Delgado
5/1/2006	House	House Amendment No. 2 Referred to Rules Committee
5/1/2006	House	House Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
5/2/2006	House	Home Rule Note Filed As Amended by HA 1
5/2/2006	House	State Mandates Fiscal Note Filed As Amended by HA 1
5/2/2006	House	Home Rule Note Filed As Amended by HA 2
5/2/2006	House	State Mandates Fiscal Note Filed As Amended by HA 2
5/2/2006	House	Fiscal Note Filed As Amended by HA 1,2
5/2/2006	House	Added Alternate Co-Sponsor Rep. Patrick J Verschoore
5/2/2006	House	Added Alternate Co-Sponsor Rep. Jack McGuire
5/2/2006	House	House Amendment No. 2 Adopted by Voice Vote
5/2/2006	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/2/2006	House	Third Reading - Short Debate - Passed 110-000-001
5/3/2006	Senate	Secretary's Desk - Concurrence House Amendment(s) 01,02
5/3/2006	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 01,02-May 4, 2006
5/3/2006	Senate	House Amendment No. 1 Motion to Concur Filed with Secretary Sen. Miguel del Valle
5/3/2006	Senate	House Amendment No. 1 Motion to Concur Referred to Rules
5/3/2006	Senate	House Amendment No. 2 Motion to Concur Filed with Secretary Sen. Miguel del Valle
5/3/2006	Senate	House Amendment No. 2 Motion to Concur Referred to Rules
5/3/2006	Senate	House Amendment No. 1 Motion to Concur Rules Referred to Executive
5/3/2006	Senate	House Amendment No. 2 Motion to Concur Rules Referred to Executive
5/3/2006	Senate	House Amendment No. 1 Recommend Do Adopt Executive; 013-000-000
5/3/2006	Senate	House Amendment No. 2 Recommend Do Adopt Executive; 013-000-000
5/4/2006	House	Added Alternate Co-Sponsor Rep. Susana A Mendoza
5/4/2006	House	Added Alternate Co-Sponsor Rep. Daniel J. Burke
5/4/2006	Senate	House Amendment No. 1 Senate Concurs 055-003-000
5/4/2006	Senate	House Amendment No. 2 Senate Concurs 055-003-000
5/4/2006	Senate	Passed Both Houses
6/2/2006	Senate	Sent to the Governor
7/14/2006	Senate	Governor Approved
7/14/2006	Senate	Effective Date July 14, 2006
7/14/2006	Senate	Public Act . . . . . . . . . 94-1025

	Fiscal Note (H-AM 1)(Department of Labor)
	Administration of this Act would not require additional costs. There is no fiscal impact.

	Home Rule Note (H-AM 1) Dept of Commerce & Economic Opportunity)
	SB 2339 (H-AM 1) does not pre-empt home rule authority.

	State Mandates Fiscal Note (H-AM 1) Dept of Commerce & Economic Opportunity)
	SB 2339 (H-AM 1) does not create a State mandate under the State Mandates Act.

	Home Rule Note (H-AM 2) Dept of Commerce & Economic Opportunity)
	SB 2339 (H-AM 2) does not pre-empt home rule authority.

	State Mandates Fiscal Note (H-AM 2) Dept of Commerce & Economic Opportunity)
	SB 2339 (H-AM 2) does not create a State mandate under the State Mandates Act.

	Fiscal Note (H-AM 2)(Department of Labor)
	Administration of this Act would not require additional costs. There is no fiscal impact.

	Adds reference to:
	820 ILCS 105/3	from Ch. 48, par. 1003