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| Public Act 099-0418 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Equal Pay Act of 2003 is amended by changing | ||||
Sections 5 and 30 as follows:
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(820 ILCS 112/5)
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Sec. 5. Definitions. As used in this Act:
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"Director" means the Director of Labor.
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"Department" means the Department of Labor.
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"Employee" means any individual permitted to work by an | ||||
employer.
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"Employer" means an individual, partnership, corporation, | ||||
association,
business, trust, person, or entity for whom 4 or | ||||
more employees are gainfully
employed in Illinois and includes | ||||
the State of Illinois, any state officer,
department, or | ||||
agency, any unit of local government, and any school district.
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(Source: P.A. 93-6, eff. 1-1-04.)
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(820 ILCS 112/30)
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Sec. 30. Violations; fines and penalties.
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(a) If an employee is paid by his or her employer less than | ||||
the wage to
which he or
she is entitled in
violation of Section | ||||
10 of this Act, the employee may recover in a civil action
the | ||||
entire amount of any
underpayment together with interest and | ||
the costs and reasonable attorney's
fees as may be
allowed by | ||
the
court and as necessary to make the employee whole. At the | ||
request of the
employee or on a motion of the Director,
the | ||
Department may
make an assignment of the wage claim in trust | ||
for the assigning employee and
may bring any
legal action | ||
necessary to collect the claim, and the employer shall be | ||
required
to pay the costs
incurred in collecting the claim. | ||
Every such action shall be brought within 5
years from the date
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of the underpayment. For purposes of this Act, "date of the | ||
underpayment" means each time wages are underpaid.
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(b) The Director is authorized to supervise the payment of | ||
the unpaid wages
owing to any
employee or employees under this | ||
Act and may bring any legal action necessary
to recover the
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amount of unpaid wages and penalties and the employer shall be | ||
required to pay
the costs. Any
sums recovered by the Director | ||
on behalf of an employee under this
Section shall be
paid to | ||
the employee or employees affected.
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(c) Employers Any employer who violate violates any | ||
provision of this Act or any rule
adopted under the Act are is | ||
subject to a civil penalty for each employee affected as | ||
follows: | ||
(1) An employer with fewer than 4 employees: first | ||
offense, a fine not to exceed $500; second offense, a fine | ||
not to exceed $2,500; third or subsequent offense, a fine | ||
not to exceed $5,000. | ||
(2) An employer with 4 or more employees: first | ||
offense, a fine not to exceed $2,500; second offense, a | ||
fine not to exceed $3,000; third or subsequent offense, a | ||
fine not to exceed $5,000. | ||
An not to exceed $2,500
for each violation for
each | ||
employee affected, except that any employer or person who | ||
violates subsection (b) or (c) of Section 10 is subject to a | ||
civil penalty not to exceed $5,000 for each violation for each | ||
employee affected. | ||
(d) In determining the amount of the penalty, the
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appropriateness of the
penalty to the size of the business of | ||
the employer charged and the gravity of
the violation shall
be | ||
considered. The penalty may be recovered in a civil action | ||
brought by the
Director in
any circuit court.
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(Source: P.A. 96-467, eff. 8-14-09; 97-512, eff. 1-1-12.)
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