Illinois General Assembly - Full Text of HB2698
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Full Text of HB2698  99th General Assembly




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1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Wage Payment and Collection Act is
5amended by changing Section 14 as follows:
6    (820 ILCS 115/14)  (from Ch. 48, par. 39m-14)
7    Sec. 14. (a) Any employee not timely paid wages, final
8compensation, or wage supplements by his or her employer as
9required by this Act shall be entitled to recover through a
10claim filed with the Department of Labor or in a civil action,
11but not both, the amount of any such underpayments and damages
12of 2% of the amount of any such underpayments for each month
13following the date of payment during which such underpayments
14remain unpaid. In a civil action, such employee shall also
15recover costs and all reasonable attorney's fees.
16    (a-5) In addition to the remedies provided in subsections
17(a), (b), and (c) of this Section, any employer or any agent of
18an employer, who, being able to pay wages, final compensation,
19or wage supplements and being under a duty to pay, wilfully
20refuses to pay as provided in this Act, or falsely denies the
21amount or validity thereof or that the same is due, with intent
22to secure for himself or other person any underpayment of such
23indebtedness or with intent to annoy, harass, oppress, hinder,



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1delay or defraud the person to whom such indebtedness is due,
2upon conviction, is guilty of:
3        (1) for unpaid wages, final compensation or wage
4    supplements in the amount of $5,000 or less, a Class 4
5    felony B misdemeanor; or
6        (2) for unpaid wages, final compensation or wage
7    supplements in the amount of more than $5,000, a Class 4
8    felony A misdemeanor.
9    Each day during which any violation of this Act continues
10shall constitute a separate and distinct offense.
11    Any employer or any agent of an employer who violates this
12Section of the Act a subsequent time within 5 2 years of a
13prior criminal conviction under this Section is guilty, upon
14conviction, of a Class 3 4 felony.
15    (b) Any employer who has been demanded or ordered by the
16Department or ordered by the court to pay wages, final
17compensation, or wage supplements due an employee shall be
18required to pay a non-waivable administrative fee to the
19Department of Labor in the amount of $250 if the amount ordered
20by the Department as wages owed is $3,000 or less; $500 if the
21amount ordered by the Department as wages owed is more than
22$3,000, but less than $10,000; and $1,000 if the amount ordered
23by the Department as wages owed is $10,000 or more. Any
24employer who has been so demanded or ordered by the Department
25or ordered by a court to pay such wages, final compensation, or
26wage supplements and who fails to seek timely review of such a



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1demand or order as provided for under this Act and who fails to
2comply within 15 calendar days after such demand or within 35
3days of an administrative or court order is entered shall also
4be liable to pay a penalty to the Department of Labor of 20% of
5the amount found owing and a penalty to the employee of 1% per
6calendar day of the amount found owing for each day of delay in
7paying such wages to the employee. All moneys recovered as fees
8and civil penalties under this Act, except those owing to the
9affected employee, shall be deposited into the Wage Theft
10Enforcement Fund, a special fund which is hereby created in the
11State treasury. Moneys in the Fund may be used only for
12enforcement of this Act.
13    (b-5) Penalties and fees under this Section may be assessed
14by the Department and recovered in a civil action brought by
15the Department in any circuit court or in any administrative
16adjudicative proceeding under this Act. In any such civil
17action or administrative adjudicative proceeding under this
18Act, the Department shall be represented by the Attorney
20    (c) Any employer, or any agent of an employer, who
21discharges or in any other manner discriminates against any
22employee because that employee has made a complaint to his
23employer, to the Director of Labor or his authorized
24representative, in a public hearing, or to a community
25organization that he or she has not been paid in accordance
26with the provisions of this Act, or because that employee has



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1caused to be instituted any proceeding under or related to this
2Act, or because that employee has testified or is about to
3testify in an investigation or proceeding under this Act, is
4guilty, upon conviction, of a Class C misdemeanor. An employee
5who has been unlawfully retaliated against shall be entitled to
6recover through a claim filed with the Department of Labor or
7in a civil action, but not both, all legal and equitable relief
8as may be appropriate. In a civil action, such employee shall
9also recover costs and all reasonable attorney's fees.
10(Source: P.A. 98-527, eff. 1-1-14.)