96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3932

 

Introduced 2/26/2009, by Rep. Karen May

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 115/11   from Ch. 48, par. 39m-11

    Amends the Illinois Wage Payment and Collection Act. Provides that an employee who prosecutes his or her own claim for wages and prevails in an action in court against an employer shall also be awarded reasonable attorney's fees.


LRB096 08502 WGH 18622 b

 

 

A BILL FOR

 

HB3932 LRB096 08502 WGH 18622 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Wage Payment and Collection Act is
5 amended by changing Section 11 as follows:
 
6     (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)
7     Sec. 11. It shall be the duty of the Department of Labor to
8 inquire diligently for any violations of this Act, and to
9 institute the actions for penalties herein provided, and to
10 enforce generally the provisions of this Act.
11     An employee may file a complaint with the Department
12 alleging violations of the Act by submitting a signed,
13 completed wage claim application on the form provided by the
14 Department and by submitting copies of all supporting
15 documentation. Complaints shall be filed within one year after
16 the wages, final compensation, or wage supplements were due.
17     Applications shall be reviewed by the Department to
18 determine whether there is cause for investigation.
19     The Department shall have the following powers:
20         (a) To investigate and attempt equitably to adjust
21     controversies between employees and employers in respect
22     of wage claims arising under this Act and to that end the
23     Department through the Director of Labor or any other

 

 

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1     person in the Department of Labor designated by him or her,
2     shall have the power to administer oaths, subpoena and
3     examine witnesses, to issue subpoenas duces tecum
4     requiring the production of such books, papers, records and
5     documents as may be evidence of any matter under inquiry
6     and to examine and inspect the same as may relate to the
7     question in dispute. Service of such subpoenas shall be
8     made by any sheriff or any person. Any court in this State,
9     upon the application of the Department may compel
10     attendance of witnesses, the production of books and
11     papers, and the giving of testimony before the Department
12     by attachment for contempt or in any other way as the
13     production of evidence may be compelled before such court.
14         (b) To take assignments of wage claims in the name of
15     the Director of Labor and his or her successors in office
16     and prosecute actions for the collection of wages for
17     persons financially unable to prosecute such claims when in
18     the judgment of the Department such claims are valid and
19     enforceable in the courts. No court costs or any fees for
20     necessary process and proceedings shall be payable in
21     advance by the Department for prosecuting such actions. In
22     the event there is a judgment rendered against the
23     defendant, the court shall assess as part of such judgment
24     the costs of such proceeding. Upon collection of such
25     judgments the Department shall pay from the proceeds of
26     such judgment such costs to such person who is by law

 

 

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1     entitled to same. The Department may join in a single
2     proceeding any number of wage claims against the same
3     employer but the court shall have discretionary power to
4     order a severance or separate trial for hearings.
5         (c) To make complaint in any court of competent
6     jurisdiction of violations of this Act.
7     Nothing herein shall be construed to prevent any employee
8 from making complaint or prosecuting his or her own claim for
9 wages, and an employee who prevails in such an action in court
10 against an employer shall also be awarded reasonable attorney's
11 fees.
12     Nothing herein shall be construed to limit the authority of
13 the State's attorney of any county to prosecute actions for
14 violation of this Act or to enforce the provisions thereof
15 independently and without specific direction of the Department
16 of Labor.
17 (Source: P.A. 95-209, eff. 8-16-07.)