Rep. Monique D. Davis
Filed: 3/14/2007
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1 | AMENDMENT TO HOUSE BILL 1359
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2 | AMENDMENT NO. ______. Amend House Bill 1359 on page 2, line | ||||||
3 | 12 by changing "Section 11" to "Sections 11 and 14"; and
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4 | on page 2, line 22 by changing " 5 years " to " one year "; and
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5 | on page 3, by replacing lines 1 through 4 with the following: | ||||||
6 | " determine whether there is cause for investigation. "; and
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7 | on page 4, by inserting after line 22 the following:
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8 | "(820 ILCS 115/14) (from Ch. 48, par. 39m-14)
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9 | Sec. 14. (a) Any employer or any agent of an employer, who, | ||||||
10 | being able to pay wages,
final compensation, or wage | ||||||
11 | supplements and being under a duty to pay,
wilfully refuses to | ||||||
12 | pay as provided in this Act, or falsely denies the
amount or | ||||||
13 | validity thereof or that the same is due, with intent to secure
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14 | for himself or other person any underpayment of such |
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1 | indebtedness or with
intent to annoy, harass, oppress, hinder, | ||||||
2 | delay or defraud the person to
whom such indebtedness is due, | ||||||
3 | upon conviction, is guilty of a Class C
misdemeanor. Each day | ||||||
4 | during which any violation of this Act continues
shall | ||||||
5 | constitute a separate and distinct offense.
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6 | (b) Any employer who has been demanded by the Director of | ||||||
7 | Labor or ordered by the court
to pay wages due an employee and | ||||||
8 | who shall fail to do so within 15 days
after such demand or | ||||||
9 | order is entered shall be liable to pay a penalty of 1% per
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10 | calendar day to the employee for each day of delay in paying | ||||||
11 | such wages to
the employee up to an amount equal to twice the | ||||||
12 | sum of unpaid wages due the
employee. Such employer shall also | ||||||
13 | be liable to the Department of Labor for 20% of such unpaid | ||||||
14 | wages.
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15 | (c) Penalties under this Section may be recovered in a | ||||||
16 | civil action brought by the Director in any circuit court. In | ||||||
17 | this litigation, the Director of Labor shall be represented by | ||||||
18 | the Attorney General.
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19 | (c) Any employer, or any agent of an employer, who | ||||||
20 | knowingly discharges
or in any other manner knowingly | ||||||
21 | discriminates against any employee because
that employee
has | ||||||
22 | made a complaint to his employer, or to the Director of Labor | ||||||
23 | or his
authorized representative, that he or she has not been | ||||||
24 | paid in accordance
with the provisions of this Act, or because | ||||||
25 | that employee has caused to
be instituted any proceeding under | ||||||
26 | or related to this Act, or because that
employee has testified |
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1 | or is about to testify in an investigation or proceeding
under | ||||||
2 | this Act, is guilty, upon conviction, of a Class C misdemeanor.
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3 | (Source: P.A. 94-1025, eff. 7-14-06.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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