Rep. William Delgado
Filed: 4/10/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2339




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    AMENDMENT NO. ______. Amend Senate Bill 2339 by replacing 
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lines 11 through 35 on page 4 and lines 1 through 33 on page 5 
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with the following:

 



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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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damages of 2% of the amount of any such underpayments for each 
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month following the date of payment during which such 
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underpayments remain unpaid. Any
any
agreement between the 
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employee
him and the
his employer to work for less than such 
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wage is
no defense to such action.  At the request of the 
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employee or on motion
of the Director of Labor, the
Department 
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of Labor may make an assignment of such wage claim in trust for

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the assigning employee and may bring any legal action necessary 
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to collect
such claim, and the employer shall be required to 
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pay the costs incurred in
collecting such claim.  Every such 
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action shall be brought within
3 years from the date of the 
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underpayment.  Such employer shall be liable
to the Department 
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of Labor for up to 20% of the total employer's underpayment

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where the employer's conduct is proven by a preponderance of 
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the evidence to be willful, repeated, or with reckless 
 


 






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disregard of this Act or any rule adopted under this Act. Such 
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employer
and shall be additionally
liable to the employee for 
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punitive damages in the amount of 2% of the amount
of any such 
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underpayments for each month following the date of payment

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during which such underpayments
remain unpaid. These penalties 
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and damages
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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    If an employee collects damages of 2% of the amount
of 
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underpayments as a result of  an action brought by the Director 
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of Labor, the employee may not also collect those damages in a 
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private action brought by the employee for the same violation. 
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If an employee collects damages of 2% of the amount
of 
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underpayments in  a private action brought by the employee, the 
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employee may not also collect those damages as a result of an 
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action brought by the Director of Labor for the same violation.

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    (b) If an employee has not collected damages under 
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subsection (a) for the same violation, the
The Director is 
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authorized to supervise the payment of the unpaid
minimum wages 
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and the unpaid overtime compensation owing to any employee
or 
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employees under Sections 4 and 4a of this Act and may bring any 
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legal
action necessary to recover the amount of the unpaid 
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minimum wages and unpaid
overtime compensation and an equal 
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additional amount as punitive
damages,
and the employer shall 
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be required to pay the costs incurred in collecting such claim. 
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Such
and the employer shall be additionally liable to the 
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Department of Labor for up to 20% of the total employer's 
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underpayment where the employer's conduct is proven by a 
 


 






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preponderance of the evidence to be willful, repeated, or with 
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reckless disregard of this Act or any rule adopted under this 
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Act.
be required to pay the costs.
The action shall be brought 
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within 5 years from the date of the failure to
pay
the wages or 
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compensation.
Any sums thus recovered
by the Director on behalf 
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of an employee pursuant to this subsection shall
be paid to the 
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employee or employees affected.  Any sums which, more than one

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year after being thus recovered, the Director is unable to pay 
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to
an employee shall be deposited into the General Revenue 
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Fund.

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