Full Text of SB1568 98th General Assembly
SB1568sam002 98TH GENERAL ASSEMBLY | Sen. William Delgado Filed: 4/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1568
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1568 on page 1, | 3 | | line 5, by changing "Section 11" to "Sections 11 and 14"; and | 4 | | on page 4 by inserting immediately below line 11 the following:
| 5 | | "(820 ILCS 115/14) (from Ch. 48, par. 39m-14)
| 6 | | Sec. 14. (a) Any employee not timely paid wages, final | 7 | | compensation, or wage supplements by his or her employer as | 8 | | required by this Act shall be entitled to recover through a | 9 | | claim filed with the Department of Labor or in a civil action, | 10 | | but not both, the amount of any such underpayments and damages | 11 | | of 2% of the amount of any such underpayments for each month | 12 | | following the date of payment during which such underpayments | 13 | | remain unpaid. In a civil action, such employee shall also | 14 | | recover costs and all reasonable attorney's fees. | 15 | | (a-5) In addition to the remedies provided in subsections | 16 | | (a), (b), and (c) of this Section, any employer or any agent of |
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| 1 | | an employer, who, being able to pay wages,
final compensation, | 2 | | or wage supplements and being under a duty to pay,
wilfully | 3 | | refuses to pay as provided in this Act, or falsely denies the
| 4 | | amount or validity thereof or that the same is due, with intent | 5 | | to secure
for himself or other person any underpayment of such | 6 | | indebtedness or with
intent to annoy, harass, oppress, hinder, | 7 | | delay or defraud the person to
whom such indebtedness is due, | 8 | | upon conviction, is guilty of: | 9 | | (1) for unpaid wages, final compensation or wage | 10 | | supplements in the amount of $5,000 or less, a Class B | 11 | | misdemeanor; or | 12 | | (2) for unpaid wages, final compensation or wage | 13 | | supplements in the amount of more than $5,000, a Class A | 14 | | misdemeanor. | 15 | | Each day during which any violation of this Act continues
| 16 | | shall constitute a separate and distinct offense.
| 17 | | Any employer or any agent of an employer who violates this | 18 | | Section of the Act a subsequent time within 2 years of a prior | 19 | | criminal conviction under this Section is guilty, upon | 20 | | conviction, of a Class 4 felony. | 21 | | (b) Any employer who has been demanded or ordered by the | 22 | | Department or ordered by the court
to pay wages, final | 23 | | compensation, or wage supplements due an employee shall be | 24 | | required to pay a non-waivable administrative fee of $250 to | 25 | | the Department of Labor in the amount of $250 if the amount | 26 | | ordered by the Department as wages owed is $3,000 or less; $500 |
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| 1 | | if the amount ordered by the Department as wages owed is more | 2 | | than $3,000, but less than $10,000; and $1,000 if the amount | 3 | | ordered by the Department as wages owed is $10,000 or more . Any | 4 | | employer who has been so demanded or ordered by the Department | 5 | | or ordered by a court to pay such wages, final compensation, or | 6 | | wage supplements and who fails to seek timely review of such a | 7 | | demand or order as provided for under this Act and who fails to | 8 | | comply within 15 calendar days after such demand or within 35 | 9 | | days of an administrative or court order is entered shall also | 10 | | be liable to pay a penalty to the Department of Labor of 20% of | 11 | | the amount found owing and a penalty to the employee of 1% per | 12 | | calendar day of the amount found owing for each day of delay in | 13 | | paying such wages to the employee. All moneys recovered as fees | 14 | | and civil penalties under this Act, except those owing to the | 15 | | affected employee, shall be deposited into the Wage Theft | 16 | | Enforcement Fund, a special fund which is hereby created in the | 17 | | State treasury. Moneys in the Fund may be used only for | 18 | | enforcement of this Act.
| 19 | | (b-5) Penalties and fees under this Section may be assessed | 20 | | by the Department and recovered in a civil action brought by | 21 | | the Department in any circuit court or in any administrative | 22 | | adjudicative proceeding under this Act. In any such civil | 23 | | action or administrative adjudicative proceeding under this | 24 | | Act, the Department shall be represented by the Attorney | 25 | | General.
| 26 | | (c) Any employer, or any agent of an employer, who |
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| 1 | | discharges
or in any other manner discriminates against any | 2 | | employee because
that employee
has made a complaint to his | 3 | | employer, to the Director of Labor or his
authorized | 4 | | representative, in a public hearing, or to a community | 5 | | organization that he or she has not been paid in accordance
| 6 | | with the provisions of this Act, or because that employee has | 7 | | caused to
be instituted any proceeding under or related to this | 8 | | Act, or because that
employee has testified or is about to | 9 | | testify in an investigation or proceeding
under this Act, is | 10 | | guilty, upon conviction, of a Class C misdemeanor. An employee | 11 | | who has been unlawfully retaliated against shall be entitled to | 12 | | recover through a claim filed with the Department of Labor or | 13 | | in a civil action, but not both, all legal and equitable relief | 14 | | as may be appropriate. In a civil action, such employee shall | 15 | | also recover costs and all reasonable attorney's fees.
| 16 | | (Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)".
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