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(820 ILCS 175/67)
Action for civil penalties brought by an interested party.
(a) Upon a reasonable belief that a day and temporary labor service agency or a third party client covered by this Act is in violation of any part of this Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or where any party to the action resides, asserting that a violation of the Act has occurred, pursuant to the following sequence of events:
(1) The interested party submits to the Department
of Labor a complaint describing the violation and naming the day or temporary labor service agency or third party client alleged to have violated this Act.
(2) The Department sends notice of complaint to the
named parties alleged to have violated this Act and the interested party. The named parties may either contest the alleged violation or cure the alleged violation.
(3) The named parties contest or cure the alleged
violation within 30 days after the receipt of the notice of complaint or, if the named party does not respond within 30 days, the Department issues a notice of right to sue to the interested party as described in paragraph (4).
(4) The Department issues a notice of right to sue
to the interested party, if one or more of the following has occurred:
(i) the named party has cured the alleged
violation to the satisfaction of the Director;
(ii) the Director has determined that the
allegation is unjustified or that the Department does not have jurisdiction over the matter or the parties; or
(iii) the Director has determined that the
allegation is justified or has not made a determination, and either has decided not to exercise jurisdiction over the matter or has concluded administrative enforcement of the matter.
(b) If within 180 days after service of the notice of complaint to the parties, the Department has not (i) resolved the contest and cure period, (ii) with the mutual agreement of the parties, extended the time for the named party to cure the violation and resolve the complaint, or (iii) issued a right to sue letter, the interested party may initiate a civil action for penalties. The parties may extend the 180-day period by mutual agreement. The limitations period for the interested party to bring an action for the alleged violation of the Act shall be tolled for the 180-day period and for the period of any mutually agreed extensions. At the end of the 180-day period, or any mutually agreed extensions, the Department shall issue a right to sue letter to the interested party.
(c) Any claim or action filed under this Section must be made within 3 years of the alleged conduct resulting in the complaint plus any period for which the limitations period has been tolled.
(d) In an action brought pursuant to this Section, an interested party may recover against the covered entity any statutory penalties set forth in Section 70 and injunctive relief. An interested party who prevails in a civil action shall receive 10% of any statutory penalties assessed, plus any attorneys' fees and expenses in bringing the action. The remaining 90% of any statutory penalties assessed shall be deposited into the Child Labor and Day and Temporary Labor Services Enforcement Fund and shall be used exclusively for the purposes set forth in Section 17.3 of the Child Labor Law.
(Source: P.A. 103-437, eff. 8-4-23.)