101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3918

 

Introduced 10/17/2019, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 105/12  from Ch. 48, par. 1012

    Amends the Minimum Wage Law. In a provision concerning an employer's liability for unpaid wages, provides that the Department of Labor shall, by rule, devise an administrative process by which any fine levied against the employer may be reduced upon a showing by the employer that the employer: (i) had not previously committed a violation of the Minimum Wage Law; and (ii) had not acted willfully, wantonly, or recklessly. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Minimum Wage Law is amended by changing
5Section 12 as follows:
 
6    (820 ILCS 105/12)  (from Ch. 48, par. 1012)
7    Sec. 12. (a) If any employee is paid by his employer less
8than the wage to which he is entitled under the provisions of
9this Act, the employee may recover in a civil action treble the
10amount of any such underpayments together with costs and such
11reasonable attorney's fees as may be allowed by the Court, and
12damages of 5% of the amount of any such underpayments for each
13month following the date of payment during which such
14underpayments remain unpaid. Any agreement between the
15employee and the employer to work for less than such wage is no
16defense to such action. At the request of the employee or on
17motion of the Director of Labor, the Department of Labor may
18make an assignment of such wage claim in trust for the
19assigning employee and may bring any legal action necessary to
20collect such claim, and the employer shall be required to pay
21the costs incurred in collecting such claim. Every such action
22shall be brought within 3 years from the date of the
23underpayment. Such employer shall be liable to the Department

 

 

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1of Labor for up to 20% of the total employer's underpayment
2where the employer's conduct is proven by a preponderance of
3the evidence to be willful, repeated, or with reckless
4disregard of this Act or any rule adopted under this Act. Such
5employer shall be liable to the Department for an additional
6penalty of $1,500, payable to the Department's Wage Theft
7Enforcement Fund. Such employer shall be additionally liable to
8the employee for damages in the amount of 5% of the amount of
9any such underpayments for each month following the date of
10payment during which such underpayments remain unpaid. These
11penalties and damages may be recovered in a civil action
12brought by the Director of Labor in any circuit court. In any
13such action, the Director of Labor shall be represented by the
14Attorney General.
15    If an employee collects damages of 5% of the amount of
16underpayments as a result of an action brought by the Director
17of Labor, the employee may not also collect those damages in a
18private action brought by the employee for the same violation.
19If an employee collects damages of 5% of the amount of
20underpayments in a private action brought by the employee, the
21employee may not also collect those damages as a result of an
22action brought by the Director of Labor for the same violation.
23    (b) If an employee has not collected damages under
24subsection (a) for the same violation, the Director is
25authorized to supervise the payment of the unpaid minimum wages
26and the unpaid overtime compensation owing to any employee or

 

 

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1employees under Sections 4 and 4a of this Act and may bring any
2legal action necessary to recover the amount of the unpaid
3minimum wages and unpaid overtime compensation and an equal
4additional amount as damages, and the employer shall be
5required to pay the costs incurred in collecting such claim.
6Such employer shall be additionally liable to the Department of
7Labor for up to 20% of the total employer's underpayment where
8the employer's conduct is proven by a preponderance of the
9evidence to be willful, repeated, or with reckless disregard of
10this Act or any rule adopted under this Act. Such employer
11shall be liable to the Department of Labor for an additional
12penalty of $1,500, payable to the Department's Wage Theft
13Enforcement Fund. The action shall be brought within 5 years
14from the date of the failure to pay the wages or compensation.
15Any sums thus recovered by the Director on behalf of an
16employee pursuant to this subsection shall be paid to the
17employee or employees affected. Any sums which, more than one
18year after being thus recovered, the Director is unable to pay
19to an employee shall be deposited into the General Revenue
20Fund.
21    (c) The Department shall, by rule, devise an administrative
22process by which a fine levied under this Section may be
23reduced upon a showing by the employer that the employer: (i)
24had not previously committed a violation of this Act; and (ii)
25had not acted willfully, wantonly, or recklessly.
26(Source: P.A. 101-1, eff. 2-19-19.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.