SB0115 EngrossedLRB097 06240 AEK 46315 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Equal Pay Act of 2003 is amended by changing
5Section 30 as follows:
 
6    (820 ILCS 112/30)
7    Sec. 30. Violations; fines and penalties.
8    (a) If an employee is paid by his or her employer less than
9the wage to which he or she is entitled in violation of Section
1010 of this Act, the employee may recover in a civil action the
11entire amount of any underpayment together with interest and
12the costs and reasonable attorney's fees as may be allowed by
13the court and as necessary to make the employee whole. At the
14request of the employee or on a motion of the Director, the
15Department may make an assignment of the wage claim in trust
16for the assigning employee and may bring any legal action
17necessary to collect the claim, and the employer shall be
18required to pay the costs incurred in collecting the claim.
19Every such action shall be brought within 5 years from the date
20of the underpayment. For purposes of this Act, "date of the
21underpayment" means each time wages are underpaid.
22    (b) The Director is authorized to supervise the payment of
23the unpaid wages owing to any employee or employees under this

 

 

SB0115 Engrossed- 2 -LRB097 06240 AEK 46315 b

1Act and may bring any legal action necessary to recover the
2amount of unpaid wages and penalties and the employer shall be
3required to pay the costs. Any sums recovered by the Director
4on behalf of an employee under this Section shall be paid to
5the employee or employees affected.
6    (c) Any employer who violates any provision of this Act or
7any rule adopted under the Act is subject to a civil penalty
8not to exceed $2,500 for each violation for each employee
9affected, except that any employer or person who violates
10subsection (b) or (c) of Section 10 is subject to a civil
11penalty not to exceed $5,000 for each violation for each
12employee affected. In determining the amount of the penalty,
13the appropriateness of the penalty to the size of the business
14of the employer charged and the gravity of the violation shall
15be considered. The penalty may be recovered in a civil action
16brought by the Director in any circuit court.
17(Source: P.A. 96-467, eff. 8-14-09.)