97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4489

 

Introduced 1/31/2012, by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 115/11  from Ch. 48, par. 39m-11

    Amends the Illinois Wage Payment and Collection Act. Provides that evidence presented to an Administrative Law Judge and verified as provided in the Code of Civil Procedure shall be admissible in proceedings to adjudicate claims filed for amounts of $3,000 or less.


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A BILL FOR

 

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1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Wage Payment and Collection Act is
5amended by changing Section 11 as follows:
 
6    (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)
7    Sec. 11. It shall be the duty of the Department of Labor to
8inquire diligently for any violations of this Act, and to
9institute the actions for penalties herein provided, and to
10enforce generally the provisions of this Act.
11    An employee may file a complaint with the Department
12alleging violations of the Act by submitting a signed,
13completed wage claim application on the form provided by the
14Department and by submitting copies of all supporting
15documentation. Complaints shall be filed within one year after
16the wages, final compensation, or wage supplements were due.
17    Applications shall be reviewed by the Department to
18determine whether there is cause for investigation.
19    The Department shall have the following powers:
20        (a) To investigate and attempt equitably to adjust
21    controversies between employees and employers in respect
22    of wage claims arising under this Act and to that end the
23    Department through the Director of Labor or any other

 

 

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1    person in the Department of Labor designated by him or her,
2    shall have the power to administer oaths, subpoena and
3    examine witnesses, to issue subpoenas duces tecum
4    requiring the production of such books, papers, records and
5    documents as may be evidence of any matter under inquiry
6    and to examine and inspect the same as may relate to the
7    question in dispute. Service of such subpoenas shall be
8    made by any sheriff or any person. Any court in this State,
9    upon the application of the Department may compel
10    attendance of witnesses, the production of books and
11    papers, and the giving of testimony before the Department
12    by attachment for contempt or in any other way as the
13    production of evidence may be compelled before such court.
14        (b) To take assignments of wage claims in the name of
15    the Director of Labor and his or her successors in office
16    and prosecute actions for the collection of wages for
17    persons financially unable to prosecute such claims when in
18    the judgment of the Department such claims are valid and
19    enforceable in the courts. No court costs or any fees for
20    necessary process and proceedings shall be payable in
21    advance by the Department for prosecuting such actions. In
22    the event there is a judgment rendered against the
23    defendant, the court shall assess as part of such judgment
24    the costs of such proceeding. Upon collection of such
25    judgments the Department shall pay from the proceeds of
26    such judgment such costs to such person who is by law

 

 

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1    entitled to same. The Department may join in a single
2    proceeding any number of wage claims against the same
3    employer but the court shall have discretionary power to
4    order a severance or separate trial for hearings.
5        (c) To make complaint in any court of competent
6    jurisdiction of violations of this Act.
7        (d) In addition to the aforementioned powers, subject
8    to appropriation, the Department may establish an
9    administrative procedure to adjudicate claims or specific
10    categories of claims filed with the Department for $3,000
11    or less per individual employee, exclusive of penalties,
12    costs and fines, including instances where an employer
13    fails to timely respond to a notice of claim issued by the
14    Department; and to issue final and binding administrative
15    decisions on such claims subject to the Administrative
16    Review Law. To establish such a procedure, the Director of
17    Labor or her or his authorized representative may
18    promulgate rules and regulations. The adoption, amendment
19    or rescission of rules and regulations for such a procedure
20    shall be in conformity with the requirements of the
21    Illinois Administrative Procedure Act.
22    The rules promulgated under paragraph (d) shall provide
23that evidence, including evidence admissible under Section
2410-40 of the Illinois Administrative Procedure Act, presented
25to a Department Administrative Law Judge and verified in
26accordance with Section 1-109 of the Code of Civil Procedure

 

 

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1shall be admissible.
2    Nothing herein shall be construed to prevent any employee
3from making complaint or prosecuting his or her own claim for
4wages. Any employee aggrieved by a violation of this Act or any
5rule adopted under this Act may file suit in circuit court of
6Illinois, in the county where the alleged violation occurred or
7where any employee who is party to the action resides, without
8regard to exhaustion of any alternative administrative
9remedies provided in this Act. Actions may be brought by one or
10more employees for and on behalf of themselves and other
11employees similarly situated.
12    Nothing herein shall be construed to limit the authority of
13the State's attorney of any county to prosecute actions for
14violation of this Act or to enforce the provisions thereof
15independently and without specific direction of the Department
16of Labor.
17(Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)