94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2339


 
Introduced 1/12/2006, by Sen. Miguel del Valle
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 105/12
  from Ch. 48, par. 1012







    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.
















LRB094 16364 WGH 51615 b

















 


 


A BILL FOR









 











SB2339

LRB094 16364 WGH 51615 b






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    AN ACT concerning employment.

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


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



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    (820 ILCS 105/12)  (from Ch. 48, par. 1012)



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    Sec. 12. (a) If any employee is paid by his employer less 
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than the wage
to which he is entitled under the provisions of 
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this Act, the employee may
recover in a civil
action the amount 
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of any such underpayments together with costs and such

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reasonable attorney's fees as may be allowed by the Court, and 
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any
agreement between him and his employer to work for less 
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than such wage is
no defense to such action.  At the request of 
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the employee or on motion
of the Director of Labor, the

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Department of Labor may make an assignment of such wage claim 
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in trust for
the assigning employee and may bring any legal 
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action necessary to collect
such claim, and the employer shall 
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be required to pay the costs incurred in
collecting such claim.  
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Every such action shall be brought within
3 years from the date 
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of the underpayment.  Such employer shall be liable
to the 
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Department of Labor for 20% of the total employer's 
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underpayment
and shall be additionally
liable to the employee 
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for punitive damages in the amount of 2% of the amount
of any 
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such underpayments for each month following the date of payment

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during which such underpayments
remain unpaid, and the employee 
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may recover such punitive damages in any proceeding or action 
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allowed by any provision of this subsection, including, but not 
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limited to, a civil action filed directly by the employee, and, 
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subject to the limitations period set forth herein, the 
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employee's remedy of recovering punitive damages in any 
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proceeding or action allowed by any provision of this 
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subsection shall be available in and applicable to all claims 
 


 






SB2339
- 2 -
LRB094 16364 WGH 51615 b




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and causes of action under this subsection, whenever arising, 
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including, without limitation, presently existing claims and 
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actions for which a final and no-longer appealable order has 
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not yet been entered.  The Director may promulgate rules for the 
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collection of these
penalties.  The amount of a penalty may be 
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determined, and the penalty may be
assessed, through an 
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administrative hearing.  The penalty may be recovered in a
civil 
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action brought by the Director of Labor in any circuit court. 
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The penalty
shall be imposed in cases in which an employer's 
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conduct is proven by a
preponderance of the evidence to be 
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willful.  In any
such action, the Director of Labor shall be 
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represented by the Attorney
General.

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    (b) The Director is authorized to supervise the payment of 
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the unpaid
minimum wages and the unpaid overtime compensation 
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owing to any employee
or employees under Sections 4 and 4a of 
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this Act and may bring any legal
action necessary to recover 
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the amount of the unpaid minimum wages and unpaid
overtime 
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compensation and an equal additional amount as punitive 
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damages,
and the employer shall be required to pay the costs.

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The action shall be brought within 5 years from the date of the 
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failure to
pay
the wages or compensation.
Any sums thus 
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recovered
by the Director on behalf of an employee pursuant to 
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this subsection shall
be paid to the employee or employees 
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affected.  Any sums which, more than one
year after being thus 
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recovered, the Director is unable to pay to
an employee shall 
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be deposited into the General Revenue Fund.

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(Source: P.A. 92-392, eff. 1-1-02.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.