95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3631


 
Introduced 2/28/2007, by Rep. Edward J. Acevedo
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 115/14
  from Ch. 48, par. 39m-14







    Amends the Illinois Wage Payment and Collection Act. Provides that if an  employer fails to include all commissions earned by a separated employee in the final compensation paid to the separated
employee within the time limit set forth in the Act, the employer shall, in addition to any other penalties, pay the  employee an amount equal to 3 times the amount of the commissions that were not paid, as well as the employee's court costs, attorney's fees, and any other associated costs incurred in successfully pursuing a legal action against the employer. Effective immediately.
















LRB095 10165 WGH 31701 b

















 


 


A BILL FOR









 











HB3631

LRB095 10165 WGH 31701 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 Illinois Wage Payment and Collection Act is 
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amended  by changing Section 14 as follows:
 



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    (820 ILCS 115/14)  (from Ch. 48, par. 39m-14)


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    Sec. 14. (a)  Any employer or any agent of an employer, who, 
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being able to pay wages,
final compensation, or wage 
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supplements and being under a duty to pay,
wilfully refuses to 
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pay as provided in this Act, or falsely denies the
amount or 
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validity thereof or that the same is due, with intent to secure

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for himself or other person any underpayment of such 
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indebtedness or with
intent to annoy, harass, oppress, hinder, 
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delay or defraud the person to
whom such indebtedness is due, 
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upon conviction, is guilty of a Class C
misdemeanor. Each day 
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during which any violation of this Act continues
shall 
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constitute a separate and distinct offense.

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    (a-5) If an  employer fails to include all commissions 
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earned by a separated employee in the final compensation paid 
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to the separated
employee within the time limit set forth in 
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Section 5, the employer shall, in addition to any other 
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penalties, pay the  employee an amount equal to 3 times the 
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amount of the commissions that were not paid, as well as the 
 


 






HB3631
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LRB095 10165 WGH 31701 b




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employee's court costs, attorney's fees, and any other 
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associated costs incurred in successfully pursuing a legal 
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action against the employer.

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    (b)  Any employer who has been demanded by the Director of 
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Labor or ordered by the court
to pay wages due an employee and 
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who shall fail to do so within 15 days
after such demand or 
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order is entered shall be liable to pay a penalty of 1% per

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calendar day to the employee for each day of delay in paying 
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such wages to
the employee up to an amount equal to twice the 
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sum of unpaid wages due the
employee.

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    (c) Any employer, or any agent of an employer, who 
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knowingly discharges
or in any other manner knowingly 
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discriminates against any employee because
that employee
has 
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made a complaint to his employer, or to the Director of Labor 
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or his
authorized representative, that he or she has not been 
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paid in accordance
with the provisions of this Act, or because 
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that employee has caused to
be instituted any proceeding under 
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or related to this Act, or because that
employee has testified 
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or is about to testify in an investigation or proceeding
under 
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this Act, is guilty, upon conviction, of a Class C misdemeanor.

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(Source: P.A. 94-1025, eff. 7-14-06.)

 

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