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| | HB5563 Engrossed | | LRB098 17633 JLS 52746 b |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Equal Pay Act of 2003 is amended by changing |
| 5 | | Section 15 as follows:
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| 6 | | (820 ILCS 112/15)
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| 7 | | Sec. 15. Enforcement. |
| 8 | | (a) The Director or his or her authorized
representative |
| 9 | | shall
administer and enforce the provisions of this Act. The |
| 10 | | Director of Labor shall
adopt rules
necessary to administer and |
| 11 | | enforce this Act.
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| 12 | | (b) An employee or former employee may file a complaint |
| 13 | | with the
Department alleging a violation of this Act by |
| 14 | | submitting a signed, completed complaint form. All complaints |
| 15 | | shall be filed with the Department within one year from the |
| 16 | | date of the underpayment. |
| 17 | | (c) The Department has the power to conduct investigations |
| 18 | | in
connection with
the administration and enforcement of this |
| 19 | | Act and the authorized officers and
employees of the
Department |
| 20 | | are authorized to investigate and gather data regarding the |
| 21 | | wages,
hours, and other
conditions and practices of employment |
| 22 | | in any industry subject to this Act, and
may enter and
inspect |
| 23 | | such places and such records at reasonable times during regular
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| | HB5563 Engrossed | - 2 - | LRB098 17633 JLS 52746 b |
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| 1 | | business hours, question
the employees and investigate the |
| 2 | | facts, conditions, practices, or matters as
he or she may deem
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| 3 | | necessary or appropriate to determine whether any person has |
| 4 | | violated any
provision of this Act, or which may aid in the |
| 5 | | enforcement of this Act.
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| 6 | | (d) The Department may refer a complaint alleging a |
| 7 | | violation of this Act to the Department of Human Rights for |
| 8 | | investigation if the subject matter of the complaint also |
| 9 | | alleges a violation of the Illinois Human Rights Act and the |
| 10 | | Department of Human Rights has jurisdiction over the matter. |
| 11 | | When a complaint is referred to the Department of Human Rights |
| 12 | | under this subsection, the Department of Human Rights shall |
| 13 | | also file the complaint under the Illinois Human Rights Act and |
| 14 | | be the agency responsible for investigating the complaint. The |
| 15 | | Department shall review the Department of Human Rights' |
| 16 | | investigation and findings to determine whether a violation of |
| 17 | | this Act has occurred or whether further investigation by the |
| 18 | | Department is necessary and take any necessary or appropriate |
| 19 | | action required to enforce the provisions of this Act. The |
| 20 | | Director of Labor and the Department of Human rights shall |
| 21 | | adopt joint rules necessary to administer and enforce this |
| 22 | | subsection. |
| 23 | | (Source: P.A. 96-467, eff. 8-14-09.)
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| 24 | | Section 99. Effective date. This Act takes effect January |
| 25 | | 1, 2015.
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