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Sen. Miguel del Valle
Filed: 2/1/2006
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LRB094 16364 WGH 54299 a |
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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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| everything after the enacting clause with the following:
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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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09400SB2339sam001 |
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LRB094 16364 WGH 54299 a |
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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. The |
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| Director may promulgate rules for the collection of these
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| penalties. The amount of a penalty may be determined, and the |
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| penalty may be
assessed, through an administrative hearing. The |
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| penalty may be recovered in a
civil action brought by the |
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| Director of Labor in any circuit court. The penalty
shall be |
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| imposed in cases in which an employer's conduct is proven by a
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| preponderance of the evidence to be willful. In any
such |
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| action, the Director of Labor shall be represented by the |
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| 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.".
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