Illinois General Assembly - Full Text of HB3733
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3733  103rd General Assembly


Rep. Kevin John Olickal

Filed: 3/6/2023





10300HB3733ham001LRB103 30030 SPS 58669 a


2    AMENDMENT NO. ______. Amend House Bill 3733 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Finance Act is amended by changing
5Section 5.942 as follows:
6    (30 ILCS 105/5.942)
7    Sec. 5.942. The Equal Pay Registration Fund.
8(Source: P.A. 101-656, eff. 3-23-21; 102-813, eff. 5-13-22.)
9    Section 10. The Personnel Record Review Act is amended by
10changing Section 2 as follows:
11    (820 ILCS 40/2)  (from Ch. 48, par. 2002)
12    Sec. 2. Open Records. Every employer shall, upon an
13employee's request which the employer may require be in
14writing on a form supplied by the employer, permit the



10300HB3733ham001- 2 -LRB103 30030 SPS 58669 a

1employee to inspect any personnel documents which are, have
2been or are intended to be used in determining that employee's
3qualifications for employment, promotion, transfer, additional
4compensation, discharge or other disciplinary action, except
5as provided in Section 10. The inspection right encompasses
6personnel documents in the possession of a person,
7corporation, partnership, or other association having a
8contractual agreement with the employer to keep or supply a
9personnel record. An employee may request all or any part of
10his or her records, except as provided in Section 10. The
11employer shall grant at least 2 inspection requests by an
12employee in a calendar year when requests are made at
13reasonable intervals, unless otherwise provided in a
14collective bargaining agreement. The employer shall provide
15the employee with the inspection opportunity within 7 working
16days after the employee makes the request or if the employer
17can reasonably show that such deadline cannot be met, the
18employer shall have an additional 7 days to comply. The
19inspection shall take place at a location reasonably near the
20employee's place of employment and during normal working
21hours. The employer may allow the inspection to take place at a
22time other than working hours or at a place other than where
23the records are maintained if that time or place would be more
24convenient for the employee. Nothing in this Act shall be
25construed as a requirement that an employee be permitted to
26remove any part of such personnel records or any part of such



10300HB3733ham001- 3 -LRB103 30030 SPS 58669 a

1records from the place on the employer's premises where it is
2made available for inspection. Each employer shall retain the
3right to protect his records from loss, damage, or alteration
4to insure the integrity of the records. The If an employee
5demonstrates that he or she is unable to review his or her
6personnel record at the employing unit, the employer shall,
7upon the employee's written request, email or mail a copy of
8the requested record to the employee by the email address or
9mailing address identified by the employee for the purpose of
10receiving the copy of requested record. An employer may charge
11a fee for providing a copy of the requested record. The fee
12shall be limited to the actual cost of duplicating the
13requested record.
14(Source: P.A. 83-1362.)
15    (820 ILCS 40/3 rep.)
16    Section 15. The Personnel Record Review Act is amended by
17repealing Section 3.
18    Section 20. The Minimum Wage Law is amended by changing
19Sections 9 and 12 as follows:
20    (820 ILCS 105/9)  (from Ch. 48, par. 1009)
21    Sec. 9. Every employer subject to any provision of this
22Act or of any regulations issued under this Act shall keep a
23summary of this Act approved by the Director, and copies of any



10300HB3733ham001- 4 -LRB103 30030 SPS 58669 a

1applicable regulations issued under this Act or a summary of
2such regulations, posted in a conspicuous and accessible place
3in or about the premises wherever any person subject to this
4Act is employed. Every employer subject to any provision of
5this Act or any regulations issued under this Act with
6employees who do not regularly report to a physical workplace,
7such as employees who work remotely or travel for work, shall
8also provide the summaries and regulations by email to its
9employees or conspicuous posting on the employer's website or
10intranet site, if such site is regularly used by the employer
11to communicate work-related information to employees and is
12able to be regularly accessed by all employees, freely and
13without interference. Employers shall be furnished copies of
14such summaries and regulations by the State on request without
16(Source: P.A. 77-1451.)
17    (820 ILCS 105/12)  (from Ch. 48, par. 1012)
18    Sec. 12. (a) If any employee is paid by his employer less
19than the wage to which he is entitled under the provisions of
20this Act, the employee may recover in a civil action treble the
21amount of any such underpayments together with costs and such
22reasonable attorney's fees as may be allowed by the Court, and
23damages of 5% of the amount of any such underpayments for each
24month following the date of payment during which such
25underpayments remain unpaid. Any agreement between the



10300HB3733ham001- 5 -LRB103 30030 SPS 58669 a

1employee and the employer to work for less than such wage is no
2defense to such action. At the request of the employee or on
3motion of the Director of Labor, the Department of Labor may
4make an assignment of such wage claim in trust for the
5assigning employee and may bring any legal action necessary to
6collect such claim, and the employer shall be required to pay
7the costs incurred in collecting such claim. Every such action
8shall be brought within 3 years from the date of the
9underpayment. Such employer shall be liable to the Department
10of Labor for a penalty in an amount of up to 20% of the total
11employer's underpayment where the employer's conduct is proven
12by a preponderance of the evidence to be willful, repeated, or
13with reckless disregard of this Act or any rule adopted under
14this Act. Such employer shall be liable to the Department for
15an additional penalty of $1,500. All administrative penalties
16ordered under this Act shall be paid by certified check, money
17order, or by an electronic payment system designated by the
18Department, and shall be made , payable to or deposited into
19the Department's Wage Theft Enforcement Fund. Such employer
20shall be additionally liable to the employee for damages in
21the amount of 5% of the amount of any such underpayments for
22each month following the date of payment during which such
23underpayments remain unpaid. These penalties and damages may
24be recovered in a civil action brought by the Director of Labor
25in any circuit court. In any such action, the Director of Labor
26shall be represented by the Attorney General.



10300HB3733ham001- 6 -LRB103 30030 SPS 58669 a

1    If an employee collects damages of 5% of the amount of
2underpayments as a result of an action brought by the Director
3of Labor, the employee may not also collect those damages in a
4private action brought by the employee for the same violation.
5If an employee collects damages of 5% of the amount of
6underpayments in a private action brought by the employee, the
7employee may not also collect those damages as a result of an
8action brought by the Director of Labor for the same
10    (b) If an employee has not collected damages under
11subsection (a) for the same violation, the Director is
12authorized to supervise the payment of the unpaid minimum
13wages and the unpaid overtime compensation owing to any
14employee or employees under Sections 4 and 4a of this Act and
15may bring any legal action necessary to recover the amount of
16the unpaid minimum wages and unpaid overtime compensation and
17an equal additional amount as damages, and the employer shall
18be required to pay the costs incurred in collecting such
19claim. Such employer shall be additionally liable to the
20Department of Labor for up to 20% of the total employer's
21underpayment where the employer's conduct is proven by a
22preponderance of the evidence to be willful, repeated, or with
23reckless disregard of this Act or any rule adopted under this
24Act. Such employer shall be liable to the Department of Labor
25for an additional penalty of $1,500, payable to the
26Department's Wage Theft Enforcement Fund. The action shall be



10300HB3733ham001- 7 -LRB103 30030 SPS 58669 a

1brought within 5 years from the date of the failure to pay the
2wages or compensation. Any sums thus recovered by the Director
3on behalf of an employee pursuant to this subsection shall be
4paid to the employee or employees affected. Any sums which,
5more than one year after being thus recovered, the Director is
6unable to pay to an employee shall be deposited into the
7General Revenue Fund.
8(Source: P.A. 101-1, eff. 2-19-19.)
9    Section 25. The Equal Pay Act of 2003 is amended by
10changing Sections 11, 30, and 40, and by adding Section 33 as
12    (820 ILCS 112/11)
13    Sec. 11. Equal pay registration certificate requirements;
14application. For the purposes of this Section 11 only,
15"business" means any private employer who has 100 or more
16employees in the State of Illinois and is required to file an
17Annual Employer Information Report EEO-1 with the Equal
18Employment Opportunity Commission, but does not include the
19State of Illinois or any political subdivision, municipal
20corporation, or other governmental unit or agency.
21    (a) A business must obtain an equal pay registration
22certificate from the Department.
23    (b) Any business subject to the requirements of this
24Section that is authorized to transact business in this State



10300HB3733ham001- 8 -LRB103 30030 SPS 58669 a

1on March 23, 2021 shall submit an application to obtain an
2equal pay registration certificate, between March 24, 2022 and
3March 23, 2024, and must recertify every 2 years thereafter.
4Any business subject to the requirements of this Section that
5is authorized to transact business in this State after March
623, 2021 must submit an application to obtain an equal pay
7registration certificate within 3 years of commencing business
8operations, but not before January 1, 2024, and must recertify
9every 2 years thereafter. The Department shall collect contact
10information from each business subject to this Section. The
11Department shall assign each business a date by which it must
12submit an application to obtain an equal pay registration
13certificate. The business shall recertify every 2 years at a
14date to be determined by the Department. When a business
15receives a notice from the Department to recertify for its
16equal pay registration certificate, if the business has fewer
17than 100 employees, the business must certify in writing to
18the Department that it is exempt from this Section. Any new
19business that is subject to this Section and authorized to
20conduct business in this State, after the effective date of
21this amendatory Act of the 102nd General Assembly, shall
22submit its contact information to the Department by January 1
23of the following year and shall be assigned a date by which it
24must submit an application to obtain an equal pay registration
25certificate. The Department's failure to assign a business a
26registration date does not exempt the business from compliance



10300HB3733ham001- 9 -LRB103 30030 SPS 58669 a

1with this Section. The failure of the Department to notify a
2business of its recertification deadline may be a mitigating
3factor when making a determination of a violation of this
5    (c) Application.
6        (1) A business shall apply for an equal pay
7    registration certificate by paying a $150 filing fee and
8    submitting wage records and an equal pay compliance
9    statement to the Director as follows:
10            (A) Wage Records. Any business that is required to
11        file an annual Employer Information Report EEO-1 with
12        the Equal Employment Opportunity Commission must also
13        submit to the Director a copy of the business's most
14        recently filed Employer Information Report EEO-1. The
15        business shall also compile a list of all employees
16        during the past calendar year, separated by gender and
17        the race and ethnicity categories as reported in the
18        business's most recently filed Employer Information
19        Report EEO-1, and the county in which the employee
20        works, the date the employee started working for the
21        business, any other information the Department deems
22        necessary to determine if pay equity exists among
23        employees, and report the total wages as defined by
24        Section 2 of the Illinois Wage Payment and Collection
25        Act paid to each employee during the past calendar
26        year, rounded to the nearest $100, to the Director.



10300HB3733ham001- 10 -LRB103 30030 SPS 58669 a

1            (B) Equal Pay Compliance Statement. The business
2        must submit a statement signed by a corporate officer,
3        legal counsel, or authorized agent of the business
4        certifying:
5                (i) that the business is in compliance with
6            this Act and other relevant laws, including but
7            not limited to: Title VII of the Civil Rights Act
8            of 1964, the Equal Pay Act of 1963, the Illinois
9            Human Rights Act, and the Equal Wage Act;
10                (ii) that the average compensation for its
11            female and minority employees is not consistently
12            below the average compensation, as determined by
13            rule by the United States Department of Labor, for
14            its male and non-minority employees within each of
15            the major job categories in the Employer
16            Information Report EEO-1 for which an employee is
17            expected to perform work, taking into account
18            factors such as length of service, requirements of
19            specific jobs, experience, skill, effort,
20            responsibility, working conditions of the job,
21            education or training, job location, use of a
22            collective bargaining agreement, or other
23            mitigating factors; as used in this subparagraph,
24            "minority" has the meaning ascribed to that term
25            in paragraph (1) of subsection (A) of Section 2 of
26            the Business Enterprise for Minorities, Women, and



10300HB3733ham001- 11 -LRB103 30030 SPS 58669 a

1            Persons with Disabilities Act; and as used in this
2            subparagraph, "compensation" means remuneration or
3            compensation an employee receives in return for
4            services rendered to an employer, including hourly
5            wages, overtime wages, commissions, piece rate
6            work, salary, bonuses, or any other basis of
7            calculation for services performed;
8                (iii) that the business does not restrict
9            employees of one sex to certain job
10            classifications, and makes retention and promotion
11            decisions without regard to sex;
12                (iv) that wage and benefit disparities are
13            corrected when identified to ensure compliance
14            with the Acts cited in item (i);
15                (v) how often wages and benefits are
16            evaluated; and
17                (vi) the approach the business takes in
18            determining what level of wages and benefits to
19            pay its employees; acceptable approaches include,
20            but are not limited to, a wage and salary survey.
21            (C) Filing fee. The business shall pay to the
22        Department a filing fee of $150. Proceeds from the
23        fees collected under this Section shall be deposited
24        into the Equal Pay Registration Fund, a special fund
25        created in the State treasury. Moneys in the Fund
26        shall be appropriated to the Department for the



10300HB3733ham001- 12 -LRB103 30030 SPS 58669 a

1        purposes of this Section.
2        (2) Receipt of the equal pay compliance application
3    and statement by the Director does not establish
4    compliance with the Acts set forth in item (i) of
5    subparagraph (B) of paragraph (1) of this subsection (c).
6        (3) A business that has employees in multiple
7    locations or facilities in Illinois shall submit a single
8    application to the Department regarding all of its
9    operations in Illinois.
10    (d) Issuance or rejection of registration certificate.
11After January 1, 2022, the Director must issue an equal pay
12registration certificate, or a statement of why the
13application was rejected, within 45 calendar days of receipt
14of the application. Applicants shall have the opportunity to
15cure any deficiencies in its application that led to the
16rejection, and re-submit the revised application to the
17Department within 30 calendar days of receiving a rejection.
18Applicants shall have the ability to appeal rejected
19applications. An application may be rejected only if it does
20not comply with the requirements of subsection (c), or the
21business is otherwise found to be in violation of this Act. The
22receipt of an application by the Department, or the issuance
23of a registration certificate by the Department, shall not
24establish compliance with the Equal Pay Act of 2003 as to all
25Sections except Section 11. The issuance of a registration
26certificate shall not be a defense against any Equal Pay Act



10300HB3733ham001- 13 -LRB103 30030 SPS 58669 a

1violation found by the Department, nor a basis for mitigation
2of damages.
3    (e) Revocation of registration certificate. An equal pay
4registration certificate for a business may be suspended or
5revoked by the Director when the business fails to make a good
6faith effort to comply with the Acts identified in item (i) of
7subparagraph (B) of paragraph (1) of subsection (c), fails to
8make a good faith effort to comply with this Section, or has
9multiple violations of this Section or the Acts identified in
10item (i) of subparagraph (B) of paragraph (1) of subsection
11(c). Prior to suspending or revoking a registration
12certificate, the Director must first have sought to conciliate
13with the business regarding wages and benefits due to
15    Consistent with Section 25, prior to or in connection with
16the suspension or revocation of an equal pay registration
17certificate, the Director, or his or her authorized
18representative, may interview workers, administer oaths, take
19or cause to be taken the depositions of witnesses, and require
20by subpoena the attendance and testimony of witnesses, and the
21production of personnel and compensation information relative
22to the matter under investigation, hearing or a
23department-initiated audit.
24    Neither the Department nor the Director shall be held
25liable for good faith errors in issuing, denying, suspending
26or revoking certificates.



10300HB3733ham001- 14 -LRB103 30030 SPS 58669 a

1    (f) Administrative review. A business may obtain an
2administrative hearing in accordance with the Illinois
3Administrative Procedure Act before the suspension or
4revocation of its certificate or imposition of civil penalties
5as provided by subsection (i) is effective by filing a written
6request for hearing within 20 calendar days after service of
7notice by the Director.
8    (g) Technical assistance. The Director must provide
9technical assistance to any business that requests assistance
10regarding this Section.
11    (h) Access to data.
12        (1) Any individually identifiable information
13    submitted to the Director within or related to an equal
14    pay registration application or otherwise provided by an
15    employer in its equal pay compliance statement under
16    subsection (c) shall be considered confidential
17    information and not subject to disclosure pursuant to the
18    Illinois Freedom of Information Act. As used in this
19    Section, "individually identifiable information" means
20    data submitted pursuant to this Section that is associated
21    with a specific person or business. Aggregate data or
22    reports that are reasonably calculated to prevent the
23    association of any data with any individual business or
24    person are not confidential information. Aggregate data
25    shall include the job category and the average hourly wage
26    by county for each gender, race, and ethnicity category on



10300HB3733ham001- 15 -LRB103 30030 SPS 58669 a

1    the registration certificate applications. The Department
2    of Labor may compile aggregate data from registration
3    certificate applications.
4        (2) The Director's decision to issue, not issue,
5    revoke, or suspend an equal pay registration certificate
6    is public information.
7        (3) Notwithstanding this subsection (h), a current
8    employee of a covered business may request anonymized data
9    regarding their job classification or title and the pay
10    for that classification. No individually identifiable
11    information may be provided to an employee making a
12    request under this paragraph.
13        (4) Notwithstanding this subsection (h), the
14    Department may share data and identifiable information
15    with the Department of Human Rights, pursuant to its
16    enforcement of Article 2 of the Illinois Human Rights Act,
17    or the Office of the Attorney General, pursuant to its
18    enforcement of Section 10-104 of the Illinois Human Rights
19    Act.
20        (5) Any Department employee who willfully and
21    knowingly divulges, except in accordance with a proper
22    judicial order or otherwise provided by law, confidential
23    information received by the Department from any business
24    pursuant to this Act shall be deemed to have violated the
25    State Officials and Employees Ethics Act and be subject to
26    the penalties established under subsections (e) and (f) of



10300HB3733ham001- 16 -LRB103 30030 SPS 58669 a

1    Section 50-5 of that Act after investigation and
2    opportunity for hearing before the Executive Ethics
3    Commission in accordance with Section 20-50 of that Act.
4    (i) Penalty. Falsification or misrepresentation of
5information on an application submitted to the Department
6shall constitute a violation of this Act and the Department
7may seek to suspend or revoke an equal pay registration
8certificate or impose civil penalties as provided under
9subsection (c) of Section 30.
10(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
11102-705, eff. 4-22-22.)
12    (820 ILCS 112/30)
13    Sec. 30. Violations; fines and penalties.
14    (a) If an employee is paid by his or her employer less than
15the wage to which he or she is entitled in violation of Section
1610 or 11 of this Act, the employee may recover in a civil
17action the entire amount of any underpayment together with
18interest, compensatory damages if the employee demonstrates
19that the employer acted with malice or reckless indifference,
20punitive damages as may be appropriate, injunctive relief as
21may be appropriate, and the costs and reasonable attorney's
22fees as may be allowed by the court and as necessary to make
23the employee whole. At the request of the employee or on a
24motion of the Director, the Department may make an assignment
25of the wage claim in trust for the assigning employee and may



10300HB3733ham001- 17 -LRB103 30030 SPS 58669 a

1bring any legal action necessary to collect the claim, and the
2employer shall be required to pay the costs incurred in
3collecting the claim. Every such action shall be brought
4within 5 years from the date of the underpayment. For purposes
5of this Act, "date of the underpayment" means each time wages
6are underpaid.
7    (a-5) If an employer violates subsection (b), (b-5),
8(b-10), or (b-20) of Section 10, the employee may recover in a
9civil action any damages incurred, special damages not to
10exceed $10,000, injunctive relief as may be appropriate, and
11costs and reasonable attorney's fees as may be allowed by the
12court and as necessary to make the employee whole. If special
13damages are available, an employee may recover compensatory
14damages only to the extent such damages exceed the amount of
15special damages. Such action shall be brought within 5 years
16from the date of the violation.
17    (b) The Director is authorized to supervise the payment of
18the unpaid wages under subsection (a) or damages under
19subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
20to any employee or employees under this Act and may bring any
21legal action necessary to recover the amount of unpaid wages,
22damages, and penalties or to seek injunctive relief, and the
23employer shall be required to pay the costs. Any sums
24recovered by the Director on behalf of an employee under this
25Section shall be paid to the employee or employees affected.
26    (c) Employers who violate any provision of this Act or any



10300HB3733ham001- 18 -LRB103 30030 SPS 58669 a

1rule adopted under the Act are subject to a civil penalty,
2payable to the Department, for each employee affected as
4        (1) An employer with fewer than 4 employees: first
5    offense, a fine not to exceed $500; second offense, a fine
6    not to exceed $2,500; third or subsequent offense, a fine
7    not to exceed $5,000.
8        (2) An employer with between 4 and 99 employees: first
9    offense, a fine not to exceed $2,500; second offense, a
10    fine not to exceed $3,000; third or subsequent offense, a
11    fine not to exceed $5,000.
12        (3) An employer with 100 or more employees who
13    violates any Section of this Act except for Section 11
14    shall be fined up to $10,000 per employee affected. An
15    employer with 100 or more employees that is a business as
16    defined under Section 11 and commits a violation of
17    Section 11 shall be fined up to $10,000.
18    Before any imposition of a penalty under this subsection,
19an employer with 100 or more employees who violates item (b) of
20Section 11 and inadvertently fails to file an initial
21application or recertification shall be provided 30 calendar
22days by the Department to submit the application or
24    An employer or person who violates subsection (b), (b-5),
25(b-10), (b-20), or (c) of Section 10 is subject to a civil
26penalty not to exceed $5,000 for each violation for each



10300HB3733ham001- 19 -LRB103 30030 SPS 58669 a

1employee affected, payable to the Department.
2    (d) In determining the amount of the penalty, the
3appropriateness of the penalty to the size of the business of
4the employer charged and the gravity of the violation shall be
5considered. The penalty may be recovered in a civil action
6brought by the Director in any circuit court.
7(Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
8    (820 ILCS 112/33 new)
9    Sec. 33. Equal Pay Fund. All moneys owed to the Department
10under this Act shall be deposited into the Equal Pay Fund and
11may be appropriated to the Department for the administration
12and enforcement of this Act.
13    (820 ILCS 112/40)
14    Sec. 40. Notification. Every employer covered by this Act
15shall post and keep posted, in conspicuous places on the
16premises of the employer where notices to employees are
17customarily posted, a notice, to be prepared or approved by
18the Director, summarizing the requirements of this Act and
19information pertaining to the filing of a charge. Every
20employer with employees who do not regularly report to a
21physical workplace, such as employees who work remotely or
22travel for work, shall also provide the summary and notice by
23email to its employees or conspicuous posting on the
24employer's website or intranet site, if such site is regularly



10300HB3733ham001- 20 -LRB103 30030 SPS 58669 a

1used by the employer to communicate work-related information
2to employees and is able to be regularly accessed by all
3employees, freely and without interference. The Director shall
4furnish copies of summaries and rules to employers upon
5request without charge.
6(Source: P.A. 93-6, eff. 1-1-04.)
7    Section 30. The Illinois Wage Payment and Collection Act
8is amended by changing Sections 3 and 11 as follows:
9    (820 ILCS 115/3)  (from Ch. 48, par. 39m-3)
10    Sec. 3. Every employer shall be required, at least
11semi-monthly, to pay every employee all wages earned during
12the semi-monthly pay period. Wages of executive,
13administrative and professional employees, as defined in the
14Federal Fair Labor Standards Act of 1939, may be paid once a
15month. Commissions may be paid once a month. At the request of
16a person employed by an employment or labor placement agency
17which, in the ordinary course of business, makes daily wage
18payments to employees, the agency shall hold the daily wages
19and make either weekly or semi-monthly payments. Upon the
20written request of the employee, the wage shall be paid in a
21single check representing the wages earned during the period,
22either weekly or semi-monthly, designated by the employee in
23accordance with Section 4 of this Act. Employment and labor
24placement agencies that make daily wage payments shall provide



10300HB3733ham001- 21 -LRB103 30030 SPS 58669 a

1written notification to all daily wage payment employees of
2the right to request weekly or semi-monthly checks. The
3employer may provide this notice by conspicuously posting the
4notice at the location where the wages are received by the
5daily wage employees. Every employer with employees who do not
6regularly report to a physical workplace, such as employees
7who work remotely or travel for work, shall also provide the
8summary and notice by email to its employees or conspicuous
9posting on the employer's website or intranet site, if such
10site is regularly used by the employer to communicate
11work-related information to employees and is able to be
12regularly accessed by all employees, freely and without
14(Source: P.A. 89-364, eff. 8-18-95.)
15    (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)
16    Sec. 11. It shall be the duty of the Department of Labor to
17inquire diligently for any violations of this Act, and to
18institute the actions for violations and penalties herein
19provided, at the request of the employee or on motion of the
20Director of Labor, and to enforce generally the provisions of
21this Act.
22    An employee may file a complaint with the Department
23alleging violations of the Act by submitting a signed,
24completed wage claim application on the form provided by the
25Department and by submitting copies of all supporting



10300HB3733ham001- 22 -LRB103 30030 SPS 58669 a

1documentation. Complaints shall be filed within one year after
2the wages, final compensation, or wage supplements were due.
3    Wage claim applications Applications shall be reviewed by
4the Department to determine whether there is cause and
5sufficient resources for investigation.
6    The Department shall have the following powers:
7        (a) To investigate and attempt equitably to adjust
8    controversies between employees and employers in respect
9    of wage claims arising under this Act and to that end the
10    Department through the Director of Labor or any other
11    person in the Department of Labor designated by him or
12    her, shall have the power to administer oaths, subpoena
13    and examine witnesses, to issue subpoenas duces tecum
14    requiring the production of such books, papers, records
15    and documents as may be evidence of any matter under
16    inquiry and to examine and inspect the same as may relate
17    to the question in dispute. Service of such subpoenas
18    shall be made by any sheriff or any person. Any court in
19    this State, upon the application of the Department may
20    compel attendance of witnesses, the production of books
21    and papers, and the giving of testimony before the
22    Department by attachment for contempt or in any other way
23    as the production of evidence may be compelled before such
24    court.
25        (b) To take assignments of wage claims in the name of
26    the Director of Labor and his or her successors in office



10300HB3733ham001- 23 -LRB103 30030 SPS 58669 a

1    and prosecute actions for the collection of wages for
2    persons financially unable to prosecute such claims when
3    in the judgment of the Department such claims are valid
4    and enforceable in the courts. No court costs or any fees
5    for necessary process and proceedings shall be payable in
6    advance by the Department for prosecuting such actions. In
7    the event there is a judgment rendered against the
8    defendant, the court shall assess as part of such judgment
9    the costs of such proceeding. Upon collection of such
10    judgments the Department shall pay from the proceeds of
11    such judgment such costs to such person who is by law
12    entitled to same. The Department may join in a single
13    proceeding any number of wage claims against the same
14    employer but the court shall have discretionary power to
15    order a severance or separate trial for hearings.
16        (c) To make complaint in any court of competent
17    jurisdiction of violations of this Act.
18        (d) In addition to the aforementioned powers, subject
19    to appropriation, the Department may establish an
20    administrative procedure to adjudicate claims and to issue
21    final and binding administrative decisions on such claims
22    subject to the Administrative Review Law. To establish
23    such a procedure, the Director of Labor or her or his
24    authorized representative may promulgate rules and
25    regulations. The adoption, amendment or rescission of
26    rules and regulations for such a procedure shall be in



10300HB3733ham001- 24 -LRB103 30030 SPS 58669 a

1    conformity with the requirements of the Illinois
2    Administrative Procedure Act. If a final and binding
3    administrative decision issued by the Department requires
4    an employer or other party to pay wages, penalties, or
5    other amounts in connection with a wage claim, and the
6    employer or other party has neither: (i) made the required
7    payment within 35 days of the issuance of the final and
8    binding administrative decision; nor (ii) timely filed a
9    complaint seeking review of the final and binding
10    administrative decision pursuant to the Administrative
11    Review Law in a court of competent jurisdiction, the
12    Department may file a verified petition against the
13    employer or other party to enforce the final
14    administrative decision and to collect any amounts due in
15    connection therewith in the circuit court of any county
16    where an official office of the Department is located.
17    Nothing herein shall be construed to prevent any employee
18from making complaint or prosecuting his or her own claim for
19wages. Any employee aggrieved by a violation of this Act or any
20rule adopted under this Act may file suit in circuit court of
21Illinois, in the county where the alleged violation occurred
22or where any employee who is party to the action resides,
23without regard to exhaustion of any alternative administrative
24remedies provided in this Act. Actions may be brought by one or
25more employees for and on behalf of themselves and other
26employees similarly situated.



10300HB3733ham001- 25 -LRB103 30030 SPS 58669 a

1    Nothing herein shall be construed to limit the authority
2of the State's attorney of any county to prosecute actions for
3violation of this Act or to enforce the provisions thereof
4independently and without specific direction of the Department
5of Labor.
6(Source: P.A. 101-509, eff. 1-1-20.)
7    (820 ILCS 125/Act rep.)
8    Section 35. The Wages of Women and Minors Act is repealed.
9    Section 40. The Day and Temporary Labor Services Act is
10amended by changing Section 45 as follows:
11    (820 ILCS 175/45)
12    Sec. 45. Registration; Department of Labor.
13    (a) A day and temporary labor service agency which is
14located, operates or transacts business within this State
15shall register with the Department of Labor in accordance with
16rules adopted by the Department for day and temporary labor
17service agencies and shall be subject to this Act and any rules
18adopted under this Act. Each day and temporary labor service
19agency shall provide proof of an employer account number
20issued by the Department of Employment Security for the
21payment of unemployment insurance contributions as required
22under the Unemployment Insurance Act, and proof of valid
23workers' compensation insurance in effect at the time of



10300HB3733ham001- 26 -LRB103 30030 SPS 58669 a

1registration covering all of its employees. If, at any time, a
2day and temporary labor service agency's workers' compensation
3insurance coverage lapses, the agency shall have an
4affirmative duty to report the lapse of such coverage to the
5Department and the agency's registration shall be suspended
6until the agency's workers' compensation insurance is
7reinstated. The Department may assess each day and temporary
8labor service agency a non-refundable registration fee not
9exceeding $1,000 per year per agency and a non-refundable fee
10not to exceed $250 for each branch office or other location
11where the agency regularly contracts with day or temporary
12laborers for services. The fee may be paid by check, money
13order, or the State Treasurer's E-Pay program or any successor
14program, and the Department may not refuse to accept a check on
15the basis that it is not a certified check or a cashier's
16check. The Department may charge an additional fee to be paid
17by a day and temporary labor service agency if the agency, or
18any person on the agency's behalf, issues or delivers a check
19to the Department that is not honored by the financial
20institution upon which it is drawn. The Department shall also
21adopt rules for violation hearings and penalties for
22violations of this Act or the Department's rules in
23conjunction with the penalties set forth in this Act.
24    (a-1) At the time of registration with the Department of
25Labor each year, the day and temporary labor service agency
26shall submit to the Department of Labor a report containing



10300HB3733ham001- 27 -LRB103 30030 SPS 58669 a

1the information identified in paragraph (9) of subsection (a)
2of Section 12, broken down by branch office, in the aggregate
3for all day or temporary laborers assigned within Illinois and
4subject to this Act during the preceding year. This
5information shall be submitted on a form created by the
6Department of Labor. The Department of Labor shall aggregate
7the information submitted by all registering day and temporary
8labor service agencies by removing identifying data and shall
9have the information available to the public only on a
10municipal and county basis. As used in this paragraph,
11"identifying data" means any and all information that: (i)
12provides specific information on individual worker identity;
13(ii) identifies the service agency in any manner; and (iii)
14identifies clients utilizing the day and temporary labor
15service agency or any other information that can be traced
16back to any specific registering day and temporary labor
17service agency or its client. The information and reports
18submitted to the Department of Labor under this subsection by
19the registering day and temporary labor service agencies are
20exempt from inspection and copying under Section 7.5 of the
21Freedom of Information Act.
22    (b) It is a violation of this Act to operate a day and
23temporary labor service agency without first registering with
24the Department in accordance with subsection (a) of this
25Section. The Department shall create and maintain at regular
26intervals on its website, accessible to the public: (1) a list



10300HB3733ham001- 28 -LRB103 30030 SPS 58669 a

1of all registered day and temporary labor service agencies in
2the State whose registration is in good standing; (2) a list of
3day and temporary labor service agencies in the State whose
4registration has been suspended, including the reason for the
5suspension, the date the suspension was initiated, and the
6date, if known, the suspension is to be lifted; and (3) a list
7of day and temporary labor service agencies in the State whose
8registration has been revoked, including the reason for the
9revocation and the date the registration was revoked. The
10Department has the authority to assess a penalty against any
11day and temporary labor service agency that fails to register
12with the Department of Labor in accordance with this Act or any
13rules adopted under this Act of $500 for each violation. Each
14day during which a day and temporary labor service agency
15operates without registering with the Department shall be a
16separate and distinct violation of this Act.
17    (c) An applicant is not eligible to register to operate a
18day and temporary labor service agency under this Act if the
19applicant or any of its officers, directors, partners, or
20managers or any owner of 25% or greater beneficial interest:
21        (1) has been involved, as owner, officer, director,
22    partner, or manager, of any day and temporary labor
23    service agency whose registration has been revoked or has
24    been suspended without being reinstated within the 5 years
25    immediately preceding the filing of the application; or
26        (2) is under the age of 18.



10300HB3733ham001- 29 -LRB103 30030 SPS 58669 a

1    (d) Every agency shall post and keep posted at each
2location, in a position easily accessible to all day or
3temporary laborers employees, notices as supplied and required
4by the Department containing a copy or summary of the
5provisions of the Act and a notice which informs the public of
6a toll-free telephone number for day or temporary laborers and
7the public to file wage dispute complaints and other alleged
8violations by day and temporary labor service agencies. Every
9day and temporary labor service agency employing day or
10temporary laborers who communicate with the day and temporary
11labor service agency by electronic communication shall also
12provide all required notices by email to its day or temporary
13laborers or on a website, regularly used by the employer to
14communicate work-related information, that all day or
15temporary laborers are able to regularly access, freely and
16without interference. Such notices shall be in English and or
17any other language generally understood in the locale of the
18day and temporary labor service agency.
19(Source: P.A. 100-517, eff. 6-1-18.)
20    Section 45. The Child Labor Law is amended by changing
21Sections 5, 17, and 17.3 as follows:
22    (820 ILCS 205/5)  (from Ch. 48, par. 31.5)
23    Sec. 5. Every employer covered by this Act shall post in a
24conspicuous place where minors under 16 years of age are



10300HB3733ham001- 30 -LRB103 30030 SPS 58669 a

1employed, or allowed to work, a printed summary abstract of
2this Act and a list of the occupations prohibited to such
3minors, to be furnished by the Department of Labor. Such
4employers shall post in a conspicuous place where minors under
516 years of age are employed, or allowed to work a printed
6notice stating the hours of commencing and stopping work, the
7hours when the time or times allowed for dinner or other meals,
8begin and end, and the Department's toll free telephone number
9established under Section 17.4. An employer with employees who
10do not regularly report to a physical workplace, such as
11employees who work remotely or travel for work, shall also
12provide the summary and notice by email to its employees or
13conspicuous posting on the employer's website or intranet
14site, if such site is regularly used by the employer to
15communicate work-related information to employees and is able
16to be regularly accessed by all employees, freely and without
17interference. The Department of Labor shall furnish this
18printed summary form of such notice shall be furnished by the
19Department of Labor.
20(Source: P.A. 88-365.)
21    (820 ILCS 205/17)  (from Ch. 48, par. 31.17)
22    Sec. 17. It shall be the duty of the Department of Labor to
23enforce the provisions of this Act. The Department of Labor
24shall have the power to conduct investigations in connection
25with the administration and enforcement of this Act and the



10300HB3733ham001- 31 -LRB103 30030 SPS 58669 a

1authorized officers and employees of the Department of Labor
2are hereby authorized and empowered, to visit and inspect, at
3all reasonable times and as often as possible, all places
4covered by this Act. Truant officers and other school
5officials authorized by the board of education or school
6directors shall report violations under this Act to the
7Department of Labor, and may enter any place in which children
8are, or are believed to be employed and inspect the work
9certificates on file. Such truant officers or other school
10officials also are authorized to file complaints against any
11employer found violating the provisions of this Act in case no
12complaints for such violations are pending; and when such
13complaints are filed by truant officers or other school
14officials the State's attorneys of this state shall appear for
15the people, and attend to the prosecution of such complaints.
16The Department of Labor shall conduct hearings in accordance
17with "The Illinois Administrative Procedure Act", approved
18September 22, 1975, as amended, upon written complaint by an
19investigator of the Department of Labor, truant officer or
20other school official, or any interested person of a violation
21of the Act or to revoke any certificate under this Act. After
22such hearing, if supported by the evidence, the Department of
23Labor may issue and cause to be served on any party an order to
24cease and desist from violation of the Act, take such further
25affirmative or other action as deemed reasonable to eliminate
26the effect of the violation, and may revoke any certificate



10300HB3733ham001- 32 -LRB103 30030 SPS 58669 a

1issued under the Act and determine the amount of any civil
2penalty allowed by the Act. The Department may serve such
3orders by certified mail or by sending a copy by email to an
4email address previously designated by the party for purposes
5of receiving notice under this Act. An email address provided
6by the party in the course of the administrative proceeding
7shall not be used in any subsequent proceedings, unless the
8party designates that email address for the subsequent
9proceeding. The Director of Labor or his authorized
10representative may compel by subpoena, the attendance and
11testimony of witnesses and the production of books, payrolls,
12records, papers and other evidence in any investigation or
13hearing and may administer oaths to witnesses.
14(Source: P.A. 80-1482.)
15    (820 ILCS 205/17.3)  (from Ch. 48, par. 31.17-3)
16    Sec. 17.3. Any employer who violates any of the provisions
17of this Act or any rule or regulation issued under the Act
18shall be subject to a civil penalty of not to exceed $5,000 for
19each such violation. In determining the amount of such
20penalty, the appropriateness of such penalty to the size of
21the business of the employer charged and the gravity of the
22violation shall be considered. The amount of such penalty,
23when finally determined, may be
24        (1) recovered in a civil action brought by the
25    Director of Labor in any circuit court, in which



10300HB3733ham001- 33 -LRB103 30030 SPS 58669 a

1    litigation the Director of Labor shall be represented by
2    the Attorney General;
3        (2) ordered by the court, in an action brought for
4    violation under Section 19, to be paid to the Director of
5    Labor.
6    Any administrative determination by the Department of
7Labor of the amount of each penalty shall be final unless
8reviewed as provided in Section 17.1 of this Act.
9    Civil penalties recovered under this Section shall be paid
10by certified check, money order, or by an electronic payment
11system designated by the Department, and deposited into the
12Child Labor and Day and Temporary Labor Services Enforcement
13Fund, a special fund which is hereby created in the State
14treasury. Moneys in the Fund may be used, subject to
15appropriation, for exemplary programs, demonstration projects,
16and other activities or purposes related to the enforcement of
17this Act or for the activities or purposes related to the
18enforcement of the Day and Temporary Labor Services Act, or
19for the activities or purposes related to the enforcement of
20the Private Employment Agency Act.
21(Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16.)".