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Public Act 096-1407


 

Public Act 1407 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1407
 
SB3568 EnrolledLRB096 20650 RLC 36363 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The State Finance Act is amended by adding
Section 5.755 as follows:
 
    (30 ILCS 105/5.755 new)
    Sec. 5.755. The Wage Theft Enforcement Fund.
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 111-4 as follows:
 
    (725 ILCS 5/111-4)  (from Ch. 38, par. 111-4)
    Sec. 111-4. Joinder of offenses and defendants.
    (a) Two or more offenses may be charged in the same
indictment, information or complaint in a separate count for
each offense if the offenses charged, whether felonies or
misdemeanors or both, are based on the same act or on 2 or more
acts which are part of the same comprehensive transaction.
    (b) Two or more defendants may be charged in the same
indictment, information or complaint if they are alleged to
have participated in the same act or in the same comprehensive
transaction out of which the offense or offenses arose. Such
defendants may be charged in one or more counts together or
separately and all of the defendants need not be charged in
each count.
    (c) Two or more acts or transactions in violation of any
provision or provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and
8A-5 of the Illinois Public Aid Code, Section 14 of the
Illinois Wage Payment and Collection Act, Sections 16-1, 16-2,
16-3, 16-5, 16-7, 16-8, 16-10, 16A-3, 16B-2, 16C-2, 17-1, 17-3,
17-6, 17-7, 17-8, 17-9 or 17-10 of the Criminal Code of 1961
and Section 118 of Division I of the Criminal Jurisprudence
Act, may be charged as a single offense in a single count of
the same indictment, information or complaint, if such acts or
transactions by one or more defendants are in furtherance of a
single intention and design or if the property, labor or
services obtained are of the same person or are of several
persons having a common interest in such property, labor or
services. In such a charge, the period between the dates of the
first and the final such acts or transactions may be alleged as
the date of the offense and, if any such act or transaction by
any defendant was committed in the county where the prosecution
was commenced, such county may be alleged as the county of the
offense.
(Source: P.A. 95-384, eff. 1-1-08; 96-354, eff. 8-13-09.)
 
    Section 10. The Illinois Wage Payment and Collection Act is
amended by changing Sections 11, 13, and 14 as follows:
 
    (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)
    Sec. 11. It shall be the duty of the Department of Labor to
inquire diligently for any violations of this Act, and to
institute the actions for penalties herein provided, and to
enforce generally the provisions of this Act.
    An employee may file a complaint with the Department
alleging violations of the Act by submitting a signed,
completed wage claim application on the form provided by the
Department and by submitting copies of all supporting
documentation. Complaints shall be filed within one year after
the wages, final compensation, or wage supplements were due.
    Applications shall be reviewed by the Department to
determine whether there is cause for investigation.
    The Department shall have the following powers:
        (a) To investigate and attempt equitably to adjust
    controversies between employees and employers in respect
    of wage claims arising under this Act and to that end the
    Department through the Director of Labor or any other
    person in the Department of Labor designated by him or her,
    shall have the power to administer oaths, subpoena and
    examine witnesses, to issue subpoenas duces tecum
    requiring the production of such books, papers, records and
    documents as may be evidence of any matter under inquiry
    and to examine and inspect the same as may relate to the
    question in dispute. Service of such subpoenas shall be
    made by any sheriff or any person. Any court in this State,
    upon the application of the Department may compel
    attendance of witnesses, the production of books and
    papers, and the giving of testimony before the Department
    by attachment for contempt or in any other way as the
    production of evidence may be compelled before such court.
        (b) To take assignments of wage claims in the name of
    the Director of Labor and his or her successors in office
    and prosecute actions for the collection of wages for
    persons financially unable to prosecute such claims when in
    the judgment of the Department such claims are valid and
    enforceable in the courts. No court costs or any fees for
    necessary process and proceedings shall be payable in
    advance by the Department for prosecuting such actions. In
    the event there is a judgment rendered against the
    defendant, the court shall assess as part of such judgment
    the costs of such proceeding. Upon collection of such
    judgments the Department shall pay from the proceeds of
    such judgment such costs to such person who is by law
    entitled to same. The Department may join in a single
    proceeding any number of wage claims against the same
    employer but the court shall have discretionary power to
    order a severance or separate trial for hearings.
        (c) To make complaint in any court of competent
    jurisdiction of violations of this Act.
        (d) In addition to the aforementioned powers, subject
    to appropriation, the Department may establish an
    administrative procedure to adjudicate claims or specific
    categories of claims filed with the Department for $3,000
    or less per individual employee, exclusive of penalties,
    costs and fines, including instances where an employer
    fails to timely respond to a notice of claim issued by the
    Department; and to issue final and binding administrative
    decisions on such claims subject to the Administrative
    Review Law. To establish such a procedure, the Director of
    Labor or her or his authorized representative may
    promulgate rules and regulations. The adoption, amendment
    or rescission of rules and regulations for such a procedure
    shall be in conformity with the requirements of the
    Illinois Administrative Procedure Act.
    Nothing herein shall be construed to prevent any employee
from making complaint or prosecuting his or her own claim for
wages. Any employee aggrieved by a violation of this Act or any
rule adopted under this Act may file suit in circuit court of
Illinois, in the county where the alleged violation occurred or
where any employee who is party to the action resides, without
regard to exhaustion of any alternative administrative
remedies provided in this Act. Actions may be brought by one or
more employees for and on behalf of themselves and other
employees similarly situated.
    Nothing herein shall be construed to limit the authority of
the State's attorney of any county to prosecute actions for
violation of this Act or to enforce the provisions thereof
independently and without specific direction of the Department
of Labor.
(Source: P.A. 95-209, eff. 8-16-07.)
 
    (820 ILCS 115/13)  (from Ch. 48, par. 39m-13)
    Sec. 13. In addition to an individual who is deemed to be
an employer pursuant to Section 2 of this Act, any Any officers
of a corporation or agents of an employer who knowingly permit
such employer to violate the provisions of this Act shall be
deemed to be the employers of the employees of the corporation.
(Source: P.A. 78-914.)
 
    (820 ILCS 115/14)  (from Ch. 48, par. 39m-14)
    Sec. 14.
    (a) Any employee not timely paid wages, final compensation,
or wage supplements by his or her employer as required by this
Act shall be entitled to recover through a claim filed with the
Department of Labor or in a civil action, but not both, the
amount of any such underpayments and damages of 2% of the
amount of any such underpayments for each month following the
date of payment during which such underpayments remain unpaid.
In a civil action, such employee shall also recover costs and
all reasonable attorney's fees.
    (a-5) In addition to the remedies provided in subsections
(a), (b), and (c) of this Section, any Any employer or any
agent of an employer, who, being able to pay wages, final
compensation, or wage supplements and being under a duty to
pay, wilfully refuses to pay as provided in this Act, or
falsely denies the amount or validity thereof or that the same
is due, with intent to secure for himself or other person any
underpayment of such indebtedness or with intent to annoy,
harass, oppress, hinder, delay or defraud the person to whom
such indebtedness is due, upon conviction, is guilty of:
        (1) for unpaid wages, final compensation or wage
    supplements in the amount of $5,000 or less, a Class B
    misdemeanor; or
        (2) for unpaid wages, final compensation or wage
    supplements in the amount of more than $5,000, a Class A
    misdemeanor a Class C misdemeanor.
    Each day during which any violation of this Act continues
shall constitute a separate and distinct offense.
    Any employer or any agent of an employer who violates this
Section of the Act a subsequent time within 2 years of a prior
criminal conviction under this Section is guilty, upon
conviction, of a Class 4 felony.
    (b) Any employer who has been demanded or ordered by the
Department Director of Labor or ordered by the court to pay
wages, final compensation, or wage supplements due an employee
shall be required to pay a non-waivable administrative fee of
$250 to the Department of Labor. Any employer who has been so
demanded or ordered by the Department or ordered by a court to
pay such wages, final compensation, or wage supplements and who
fails to seek timely review of such a demand or order as
provided for under this Act and who fails to comply within 15
calendar days after such demand or within 35 days of an
administrative or court order is entered shall also be liable
to pay a penalty to the Department of Labor of 20% of the
amount found owing and a penalty to the employee of 1% per
calendar day of the amount found owing for each day of delay in
paying such wages to the employee. All moneys recovered as fees
and civil penalties under this Act, except those owing to the
affected employee, shall be deposited into the Wage Theft
Enforcement Fund, a special fund which is hereby created in the
State treasury. Moneys in the Fund may be used only for
enforcement of this Act. and who shall fail to do so within 15
days after such demand or order is entered shall be liable to
pay a penalty of 1% per calendar day to the employee for each
day of delay in paying such wages to the employee up to an
amount equal to twice the sum of unpaid wages due the employee.
Such employer shall also be liable to the Department of Labor
for 20% of such unpaid wages.
    (b-5) Penalties and fees under this Section may be assessed
by the Department and recovered in a civil action brought by
the Department Director in any circuit court or in any
administrative adjudicative proceeding under this Act. In any
such civil action or administrative adjudicative proceeding
under this Act this litigation, the Department Director of
Labor shall be represented by the Attorney General.
    (c) Any employer, or any agent of an employer, who
knowingly discharges or in any other manner knowingly
discriminates against any employee because that employee has
made a complaint to his employer, or to the Director of Labor
or his authorized representative, in a public hearing, or to a
community organization that he or she has not been paid in
accordance with the provisions of this Act, or because that
employee has caused to be instituted any proceeding under or
related to this Act, or because that employee has testified or
is about to testify in an investigation or proceeding under
this Act, is guilty, upon conviction, of a Class C misdemeanor.
An employee who has been unlawfully retaliated against shall be
entitled to recover through a claim filed with the Department
of Labor or in a civil action, but not both, all legal and
equitable relief as may be appropriate. In a civil action, such
employee shall also recover costs and all reasonable attorney's
fees.
(Source: P.A. 94-1025, eff. 7-14-06; 95-209, eff. 8-16-07.)

Effective Date: 1/1/2011