Full Text of SB1568 98th General Assembly
SB1568eng 98TH GENERAL ASSEMBLY |
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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 Sections 11 and 14 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.)
| 12 | | (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
| 13 | | Sec. 14. (a) Any employee not timely paid wages, final | 14 | | compensation, or wage supplements by his or her employer as | 15 | | required by this Act shall be entitled to recover through a | 16 | | claim filed with the Department of Labor or in a civil action, | 17 | | but not both, the amount of any such underpayments and damages | 18 | | of 2% of the amount of any such underpayments for each month | 19 | | following the date of payment during which such underpayments | 20 | | remain unpaid. In a civil action, such employee shall also | 21 | | recover costs and all reasonable attorney's fees. | 22 | | (a-5) In addition to the remedies provided in subsections | 23 | | (a), (b), and (c) of this Section, any employer or any agent of | 24 | | an employer, who, being able to pay wages,
final compensation, | 25 | | or wage supplements and being under a duty to pay,
wilfully |
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| 1 | | refuses to pay as provided in this Act, or falsely denies the
| 2 | | amount or validity thereof or that the same is due, with intent | 3 | | to secure
for himself or other person any underpayment of such | 4 | | indebtedness or with
intent to annoy, harass, oppress, hinder, | 5 | | delay or defraud the person to
whom such indebtedness is due, | 6 | | upon conviction, is guilty of: | 7 | | (1) for unpaid wages, final compensation or wage | 8 | | supplements in the amount of $5,000 or less, a Class B | 9 | | misdemeanor; or | 10 | | (2) for unpaid wages, final compensation or wage | 11 | | supplements in the amount of more than $5,000, a Class A | 12 | | misdemeanor. | 13 | | Each day during which any violation of this Act continues
| 14 | | shall constitute a separate and distinct offense.
| 15 | | Any employer or any agent of an employer who violates this | 16 | | Section of the Act a subsequent time within 2 years of a prior | 17 | | criminal conviction under this Section is guilty, upon | 18 | | conviction, of a Class 4 felony. | 19 | | (b) Any employer who has been demanded or ordered by the | 20 | | Department or ordered by the court
to pay wages, final | 21 | | compensation, or wage supplements due an employee shall be | 22 | | required to pay a non-waivable administrative fee of $250 to | 23 | | the Department of Labor in the amount of $250 if the amount | 24 | | ordered by the Department as wages owed is $3,000 or less; $500 | 25 | | if the amount ordered by the Department as wages owed is more | 26 | | than $3,000, but less than $10,000; and $1,000 if the amount |
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| 1 | | ordered by the Department as wages owed is $10,000 or more . Any | 2 | | employer who has been so demanded or ordered by the Department | 3 | | or ordered by a court to pay such wages, final compensation, or | 4 | | wage supplements and who fails to seek timely review of such a | 5 | | demand or order as provided for under this Act and who fails to | 6 | | comply within 15 calendar days after such demand or within 35 | 7 | | days of an administrative or court order is entered shall also | 8 | | be liable to pay a penalty to the Department of Labor of 20% of | 9 | | the amount found owing and a penalty to the employee of 1% per | 10 | | calendar day of the amount found owing for each day of delay in | 11 | | paying such wages to the employee. All moneys recovered as fees | 12 | | and civil penalties under this Act, except those owing to the | 13 | | affected employee, shall be deposited into the Wage Theft | 14 | | Enforcement Fund, a special fund which is hereby created in the | 15 | | State treasury. Moneys in the Fund may be used only for | 16 | | enforcement of this Act.
| 17 | | (b-5) Penalties and fees under this Section may be assessed | 18 | | by the Department and recovered in a civil action brought by | 19 | | the Department in any circuit court or in any administrative | 20 | | adjudicative proceeding under this Act. In any such civil | 21 | | action or administrative adjudicative proceeding under this | 22 | | Act, the Department shall be represented by the Attorney | 23 | | General.
| 24 | | (c) Any employer, or any agent of an employer, who | 25 | | discharges
or in any other manner discriminates against any | 26 | | employee because
that employee
has made a complaint to his |
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| 1 | | employer, to the Director of Labor or his
authorized | 2 | | representative, in a public hearing, or to a community | 3 | | organization that he or she has not been paid in accordance
| 4 | | with the provisions of this Act, or because that employee has | 5 | | caused to
be instituted any proceeding under or related to this | 6 | | Act, or because that
employee has testified or is about to | 7 | | testify in an investigation or proceeding
under this Act, is | 8 | | guilty, upon conviction, of a Class C misdemeanor. An employee | 9 | | who has been unlawfully retaliated against shall be entitled to | 10 | | recover through a claim filed with the Department of Labor or | 11 | | in a civil action, but not both, all legal and equitable relief | 12 | | as may be appropriate. In a civil action, such employee shall | 13 | | also recover costs and all reasonable attorney's fees.
| 14 | | (Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)
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