SB1568 EngrossedLRB098 07682 JLS 37755 b

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 Illinois Wage Payment and Collection Act is
5amended by changing Sections 11 and 14 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

 

 

SB1568 Engrossed- 2 -LRB098 07682 JLS 37755 b

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

 

 

SB1568 Engrossed- 3 -LRB098 07682 JLS 37755 b

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    Nothing herein shall be construed to prevent any employee
23from making complaint or prosecuting his or her own claim for
24wages. Any employee aggrieved by a violation of this Act or any
25rule adopted under this Act may file suit in circuit court of
26Illinois, in the county where the alleged violation occurred or

 

 

SB1568 Engrossed- 4 -LRB098 07682 JLS 37755 b

1where any employee who is party to the action resides, without
2regard to exhaustion of any alternative administrative
3remedies provided in this Act. Actions may be brought by one or
4more employees for and on behalf of themselves and other
5employees similarly situated.
6    Nothing herein shall be construed to limit the authority of
7the State's attorney of any county to prosecute actions for
8violation of this Act or to enforce the provisions thereof
9independently and without specific direction of the Department
10of Labor.
11(Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)
 
12    (820 ILCS 115/14)  (from Ch. 48, par. 39m-14)
13    Sec. 14. (a) Any employee not timely paid wages, final
14compensation, or wage supplements by his or her employer as
15required by this Act shall be entitled to recover through a
16claim filed with the Department of Labor or in a civil action,
17but not both, the amount of any such underpayments and damages
18of 2% of the amount of any such underpayments for each month
19following the date of payment during which such underpayments
20remain unpaid. In a civil action, such employee shall also
21recover costs and all reasonable attorney's fees.
22    (a-5) In addition to the remedies provided in subsections
23(a), (b), and (c) of this Section, any employer or any agent of
24an employer, who, being able to pay wages, final compensation,
25or wage supplements and being under a duty to pay, wilfully

 

 

SB1568 Engrossed- 5 -LRB098 07682 JLS 37755 b

1refuses to pay as provided in this Act, or falsely denies the
2amount or validity thereof or that the same is due, with intent
3to secure for himself or other person any underpayment of such
4indebtedness or with intent to annoy, harass, oppress, hinder,
5delay or defraud the person to whom such indebtedness is due,
6upon conviction, is guilty of:
7        (1) for unpaid wages, final compensation or wage
8    supplements in the amount of $5,000 or less, a Class B
9    misdemeanor; or
10        (2) for unpaid wages, final compensation or wage
11    supplements in the amount of more than $5,000, a Class A
12    misdemeanor.
13    Each day during which any violation of this Act continues
14shall constitute a separate and distinct offense.
15    Any employer or any agent of an employer who violates this
16Section of the Act a subsequent time within 2 years of a prior
17criminal conviction under this Section is guilty, upon
18conviction, of a Class 4 felony.
19    (b) Any employer who has been demanded or ordered by the
20Department or ordered by the court to pay wages, final
21compensation, or wage supplements due an employee shall be
22required to pay a non-waivable administrative fee of $250 to
23the Department of Labor in the amount of $250 if the amount
24ordered by the Department as wages owed is $3,000 or less; $500
25if the amount ordered by the Department as wages owed is more
26than $3,000, but less than $10,000; and $1,000 if the amount

 

 

SB1568 Engrossed- 6 -LRB098 07682 JLS 37755 b

1ordered by the Department as wages owed is $10,000 or more. Any
2employer who has been so demanded or ordered by the Department
3or ordered by a court to pay such wages, final compensation, or
4wage supplements and who fails to seek timely review of such a
5demand or order as provided for under this Act and who fails to
6comply within 15 calendar days after such demand or within 35
7days of an administrative or court order is entered shall also
8be liable to pay a penalty to the Department of Labor of 20% of
9the amount found owing and a penalty to the employee of 1% per
10calendar day of the amount found owing for each day of delay in
11paying such wages to the employee. All moneys recovered as fees
12and civil penalties under this Act, except those owing to the
13affected employee, shall be deposited into the Wage Theft
14Enforcement Fund, a special fund which is hereby created in the
15State treasury. Moneys in the Fund may be used only for
16enforcement of this Act.
17    (b-5) Penalties and fees under this Section may be assessed
18by the Department and recovered in a civil action brought by
19the Department in any circuit court or in any administrative
20adjudicative proceeding under this Act. In any such civil
21action or administrative adjudicative proceeding under this
22Act, the Department shall be represented by the Attorney
23General.
24    (c) Any employer, or any agent of an employer, who
25discharges or in any other manner discriminates against any
26employee because that employee has made a complaint to his

 

 

SB1568 Engrossed- 7 -LRB098 07682 JLS 37755 b

1employer, to the Director of Labor or his authorized
2representative, in a public hearing, or to a community
3organization that he or she has not been paid in accordance
4with the provisions of this Act, or because that employee has
5caused to be instituted any proceeding under or related to this
6Act, or because that employee has testified or is about to
7testify in an investigation or proceeding under this Act, is
8guilty, upon conviction, of a Class C misdemeanor. An employee
9who has been unlawfully retaliated against shall be entitled to
10recover through a claim filed with the Department of Labor or
11in a civil action, but not both, all legal and equitable relief
12as may be appropriate. In a civil action, such employee shall
13also recover costs and all reasonable attorney's fees.
14(Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)