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1 | | (4)testified or is about to testify in an |
2 | | investigation or proceeding under this Act. |
3 | | (820 ILCS 140/7) (from Ch. 48, par. 8g) |
4 | | Sec. 7. Civil offense. |
5 | | (a) Any employer who violates Sections 2, 3, or 3.1 shall |
6 | | be guilty of a civil offense, and shall be subject to a civil |
7 | | penalty as follows: |
8 | | (1) For an employer with fewer than 25 employees, a |
9 | | penalty not to exceed $250 per offense, payable to the |
10 | | Department of Labor, and damages of up to $250 per |
11 | | offense, payable to the employee or employees affected. |
12 | | (2) For an employer with 25 or more employees, a |
13 | | penalty not to exceed $500 per offense, payable to the |
14 | | Department of Labor, and damages of up to $500 per |
15 | | offense, payable to the employee or employees affected. |
16 | | (b) An offense under this Act shall be determined on an |
17 | | individual basis for each employee whose rights are violated. |
18 | | (1) Each week that an employee is found to not have |
19 | | been allowed 24 consecutive hours of rest as required in |
20 | | Section 2 shall constitute a separate offense. |
21 | | (2) Each day that an employee is found not to have been |
22 | | provided a meal period as required in Section 3 shall |
23 | | constitute a separate offense. |
24 | | (3) A violation of Section 8.5 shall constitute a |
25 | | single offense, and is subject to a civil penalty not to |
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1 | | exceed $250 payable to the Department of Labor. |
2 | | (4) An employee who has been unlawfully retaliated |
3 | | against in violation of Section 5.5 shall be entitled to |
4 | | recover, through a claim filed with the Department, all |
5 | | legal and equitable relief as may be appropriate. |
6 | | (c) The Director of Labor shall enforce this Act in |
7 | | accordance with the Illinois Administrative Procedure Act. The |
8 | | Director of Labor shall have the powers and the parties shall |
9 | | have the rights provided in the Illinois Administrative |
10 | | Procedure Act for contested cases, including, but not limited |
11 | | to, provisions for depositions, subpoena power and procedures, |
12 | | and discovery and protective order procedures. |
13 | | (d) Penalties and fees under this Section may be assessed |
14 | | by the Department and recovered in a civil action brought by |
15 | | the Department in any circuit court or in any administrative |
16 | | adjudicative proceeding under this Act. In any such civil |
17 | | action under this Act, the Department shall be represented by |
18 | | the Attorney General. Any funds collected by the Department of |
19 | | Labor under this Act shall be deposited into the Child Labor |
20 | | and Day and Temporary Labor Services Enforcement Fund. |
21 | | (Source: P.A. 102-828, eff. 1-1-23 .) |
22 | | Section 99. Effective date. This Act takes effect upon |
23 | | becoming law.". |