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91_HB1903
LRB9102762BBdvB
1 AN ACT to amend the Minimum Wage Law by changing Section
2 12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Minimum Wage Law is amended by changing
6 Section 12 as follows:
7 (820 ILCS 105/12) (from Ch. 48, par. 1012)
8 Sec. 12. If any employee is paid by his employer less
9 than the wage to which he is entitled under the provisions of
10 this Act, the employee may recover in a private civil action
11 the amount of any such underpayments together with costs and
12 such reasonable attorney's fees as may be allowed by the
13 Court, and any agreement between him and his employer to work
14 for less than such wage is no defense to such action. Every
15 such action shall be brought within 3 years from the date of
16 the underpayment. Such employer shall be additionally liable
17 to the employee for a late payment penalty in the amount of
18 2% of the amount of any such underpayments for each month
19 during which such underpayments remain unpaid, or in an
20 amount equal to such underpayments, whichever is greater.
21 The Director is authorized to supervise the payment of
22 the unpaid minimum wages and the unpaid overtime compensation
23 owing to any employee or employees under the particular
24 sections of this Act and may bring any legal action necessary
25 to recover the amount of the unpaid minimum wages and unpaid
26 overtime compensation and an equal additional amount as a
27 late payment penalty for the employee, and the employer shall
28 be required to pay the costs. Any sums thus recovered by the
29 Director on behalf of an employee pursuant to this subsection
30 shall be paid to the employee or employees affected. Any
31 sums which, more than one year after being thus recovered,
-2- LRB9102762BBdvB
1 the Director is unable to pay to an employee shall be
2 deposited into the General Revenue Fund. This amendatory Act
3 of the 91st General Assembly shall apply to all claims and
4 suits pending at the time it becomes effective.
5 (a) If any employee is paid by his employer less than
6 the wage to which he is entitled under the provisions of this
7 Act, the employee may recover in a civil action the amount
8 of any such underpayments together with costs and such
9 reasonable attorney's fees as may be allowed by the Court,
10 and any agreement between him and his employer to work for
11 less than such wage is no defense to such action. At the
12 request of the employee or on motion of the Director of
13 Labor, the Department of Labor may make an assignment of such
14 wage claim in trust for the assigning employee and may bring
15 any legal action necessary to collect such claim, and the
16 employer shall be required to pay the costs incurred in
17 collecting such claim. Every such action shall be brought
18 within 3 years from the date of the underpayment. Such
19 employer shall be liable to the Department of Labor for 20%
20 of the total employer's underpayment and shall be
21 additionally liable to the employee for punitive damages in
22 the amount of 2% of the amount of any such underpayments for
23 each month following the date of payment during which such
24 underpayments remain unpaid. The Director may promulgate
25 rules for the collection of these penalties. The amount of a
26 penalty may be determined, and the penalty may be assessed,
27 through an administrative hearing. The penalty may be
28 recovered in a civil action brought by the Director of Labor
29 in any circuit court. The penalty shall be imposed in cases
30 in which an employer's conduct is proven by a preponderance
31 of the evidence to be willful. In any such action, the
32 Director of Labor shall be represented by the Attorney
33 General.
34 (b) The Director is authorized to supervise the payment
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1 of the unpaid minimum wages and the unpaid overtime
2 compensation owing to any employee or employees under
3 Sections 4 and 4a of this Act and may bring any legal action
4 necessary to recover the amount of the unpaid minimum wages
5 and unpaid overtime compensation and an equal additional
6 amount as punitive damages, and the employer shall be
7 required to pay the costs. Any sums thus recovered by the
8 Director on behalf of an employee pursuant to this subsection
9 shall be paid to the employee or employees affected. Any
10 sums which, more than one year after being thus recovered,
11 the Director is unable to pay to an employee shall be
12 deposited into the General Revenue Fund.
13 (Source: P.A. 88-431.)