Full Text of SB1568 98th General Assembly
SB1568 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1568 Introduced 2/13/2013, by Sen. William Delgado SYNOPSIS AS INTRODUCED: |
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820 ILCS 115/11 | from Ch. 48, par. 39m-11 |
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Amends the Illinois Wage Payment and Collection Act. Authorizes the Department of Labor to establish administrative procedures to adjudicate claims of any amount (removes a provision limiting the Department's authority to claims of $3,000 or less).
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 | | (d) In addition to the aforementioned powers, subject | 8 | | to appropriation, the Department may establish an | 9 | | administrative procedure to adjudicate claims or specific | 10 | | categories of claims filed with the Department for $3,000 | 11 | | or less per individual employee, exclusive of penalties, | 12 | | costs and fines, including instances where an employer | 13 | | fails to timely respond to a notice of claim issued by the | 14 | | Department; and to issue final and binding administrative | 15 | | decisions on such claims subject to the Administrative | 16 | | Review Law. To establish such a procedure, the Director of | 17 | | Labor or her or his authorized representative may | 18 | | promulgate rules and regulations. The adoption, amendment | 19 | | or rescission of rules and regulations for such a procedure | 20 | | shall be in conformity with the requirements of the | 21 | | Illinois Administrative Procedure Act. | 22 | | Nothing herein shall be construed to prevent any employee | 23 | | from making
complaint or prosecuting his or her own claim for | 24 | | wages. Any employee aggrieved by a violation of this Act or any | 25 | | rule adopted under this Act may file suit in circuit court of | 26 | | Illinois, in the county where the alleged violation occurred or |
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| 1 | | where any employee who is party to the action resides, without | 2 | | regard to exhaustion of any alternative administrative | 3 | | remedies provided in this Act. Actions may be brought by one or | 4 | | more employees for and on behalf of themselves and other | 5 | | employees similarly situated.
| 6 | | Nothing herein shall be construed to limit the authority of | 7 | | the State's
attorney of any county to prosecute actions for | 8 | | violation of this Act or
to enforce the provisions thereof | 9 | | independently and without specific direction
of the Department | 10 | | of Labor.
| 11 | | (Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)
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