Sen. William Delgado

Filed: 4/12/2013

 

 


 

 


 
09800SB1568sam002LRB098 07682 JLS 44375 a

1
AMENDMENT TO SENATE BILL 1568

2    AMENDMENT NO. ______. Amend Senate Bill 1568 on page 1,
3line 5, by changing "Section 11" to "Sections 11 and 14"; and
 
4on page 4 by inserting immediately below line 11 the following:
 
5    "(820 ILCS 115/14)  (from Ch. 48, par. 39m-14)
6    Sec. 14. (a) Any employee not timely paid wages, final
7compensation, or wage supplements by his or her employer as
8required by this Act shall be entitled to recover through a
9claim filed with the Department of Labor or in a civil action,
10but not both, the amount of any such underpayments and damages
11of 2% of the amount of any such underpayments for each month
12following the date of payment during which such underpayments
13remain unpaid. In a civil action, such employee shall also
14recover costs and all reasonable attorney's fees.
15    (a-5) In addition to the remedies provided in subsections
16(a), (b), and (c) of this Section, any employer or any agent of

 

 

09800SB1568sam002- 2 -LRB098 07682 JLS 44375 a

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

 

 

09800SB1568sam002- 3 -LRB098 07682 JLS 44375 a

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

 

 

09800SB1568sam002- 4 -LRB098 07682 JLS 44375 a

1discharges or in any other manner discriminates against any
2employee because that employee has made a complaint to his
3employer, to the Director of Labor or his authorized
4representative, in a public hearing, or to a community
5organization that he or she has not been paid in accordance
6with the provisions of this Act, or because that employee has
7caused to be instituted any proceeding under or related to this
8Act, or because that employee has testified or is about to
9testify in an investigation or proceeding under this Act, is
10guilty, upon conviction, of a Class C misdemeanor. An employee
11who has been unlawfully retaliated against shall be entitled to
12recover through a claim filed with the Department of Labor or
13in a civil action, but not both, all legal and equitable relief
14as may be appropriate. In a civil action, such employee shall
15also recover costs and all reasonable attorney's fees.
16(Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)".