Full Text of HB4468 103rd General Assembly
HB4468 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4468 Introduced 1/17/2024, by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED: |
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Amends the Victims' Economic Security and Safety Act. Provides that any employee or a
representative of employees who believes his or her rights under the
Act have been violated may, within 3 years after the alleged violation
occurs, either file a complaint with the Department of Labor requesting a review of the
alleged violation or commence a civil action. Provides that in any civil action, either the plaintiff or the defendant may demand a trial by jury. Provides that, if an employee prevails in a civil action, the employee may seek specified damages. Makes conforming changes.
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| | 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 Victims' Economic Security and Safety Act | 5 | | is amended by changing Section 35 as follows:
| 6 | | (820 ILCS 180/35)
| 7 | | Sec. 35. Enforcement.
| 8 | | (a) Department of Labor.
| 9 | | (1) The Director or his or her authorized | 10 | | representative shall
administer and enforce the provisions | 11 | | of this Act. Any employee or a
representative of employees | 12 | | who believes his or her rights under this
Act have been | 13 | | violated may, within 3 years after the alleged violation
| 14 | | occurs, either file a complaint with the Department | 15 | | requesting a review of the
alleged violation or commence a | 16 | | civil action in the circuit court of the county in which | 17 | | the alleged violation occurred. In any civil action | 18 | | commenced under this Section, either the plaintiff or the | 19 | | defendant may demand a trial by jury . If the employee or a | 20 | | representative of the employee chooses to file a complaint | 21 | | with the Department, a A copy of the complaint shall be | 22 | | sent to the person
who allegedly committed the violation, | 23 | | who shall be the respondent.
Upon receipt of a complaint, |
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| 1 | | the Director shall cause such
investigation to be made as | 2 | | he or she deems appropriate. The
investigation shall | 3 | | provide an opportunity for a public hearing at the
request | 4 | | of any party to the review to enable the parties to present
| 5 | | information relating to the alleged allegation. The | 6 | | parties shall be
given written notice of the time and | 7 | | place of the hearing at least 7
days before the hearing. | 8 | | Upon receiving the report of the
investigation, the | 9 | | Director shall make findings of fact. If the
Director | 10 | | finds that a violation did occur, he or she shall issue a
| 11 | | decision incorporating his or her findings and requiring | 12 | | the party
committing the violation to take such | 13 | | affirmative action to abate the
violation as the Director | 14 | | deems appropriate, including:
| 15 | | (A) damages equal to the amount of wages,
salary, | 16 | | employment benefits, public assistance, or
other | 17 | | compensation denied or lost to such individual
by | 18 | | reason of the violation, and the interest on that
| 19 | | amount calculated at the prevailing rate;
| 20 | | (B) such equitable relief as may be
appropriate, | 21 | | including but not limited to hiring,
reinstatement, | 22 | | promotion, and reasonable
accommodations; and
| 23 | | (C) reasonable attorney's fees, reasonable expert | 24 | | witness fees, and
other costs of the action to be paid | 25 | | by the respondent to a prevailing
employee.
| 26 | | If an employee prevails in a civil action, the |
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| 1 | | employee may seek damages as described in subparagraphs | 2 | | (A), (B), and (C).
| 3 | | If the Director finds that there was no violation, he | 4 | | or she shall
issue an order denying the complaint. An | 5 | | order issued by the Director
under this Section shall be | 6 | | final and subject to judicial review under
the | 7 | | Administrative Review Law.
| 8 | | (2) The Director shall adopt rules necessary to | 9 | | administer and
enforce this Act in accordance with the | 10 | | Illinois Administrative
Procedure Act. The Director shall | 11 | | have the powers and the parties shall
have the rights | 12 | | provided in the Illinois Administrative Procedure Act
for | 13 | | contested cases, including, but not limited to, provisions | 14 | | for
depositions, subpoena power and procedures, and | 15 | | discovery and
protective order procedures.
| 16 | | (3) Intervention. The Attorney General of Illinois may | 17 | | intervene
on behalf of the Department if the Department | 18 | | certifies that the case
is of general public importance. | 19 | | Upon such intervention the court may
award such relief as | 20 | | is authorized to be granted to
an employee who has filed a | 21 | | complaint or whose representative has filed a
complaint
| 22 | | under this Section.
| 23 | | (b) Refusal to pay damages. Any employer who has been | 24 | | ordered by
the Director of Labor or the court to pay damages | 25 | | under this Section
and who fails to do so within 30 days after | 26 | | the order is entered is
liable to pay a penalty of 1% per |
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| 1 | | calendar day to the employee for each
day of delay in paying | 2 | | the damages to the employee.
| 3 | | (Source: P.A. 93-591, eff. 8-25-03.)
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