Illinois General Assembly - Full Text of HB3530
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Full Text of HB3530  102nd General Assembly


Rep. Carol Ammons

Filed: 1/26/2022





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2    AMENDMENT NO. ______. Amend House Bill 3530 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Secure Jobs Act.
6    Section 5. Definitions. In this Act:
7    "Benefits" means the cash value of any employer-paid
8vacation leave, sick leave, medical insurance plan, disability
9insurance plan, life insurance plan, annuity, and pension
10benefit plan in effect on the date of discharge.
11    "Casual employee" refers to work in or around a private
12home, that is irregular, uncertain, or incidental in nature
13and duration.
14    "Constructive discharge" means the voluntary termination
15of employment by an employee because of a situation created by
16an act or omission of the employer that an objective,



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1reasonable person would find so intolerable that voluntary
2termination is the only reasonable alternative.
3    "Day or temporary laborer", "day and temporary labor
4services agency", and "third party client" have the meaning
5ascribed to those terms under Section 5 of the Day and
6Temporary Labor Services Act.
7    "Department" means the Department of Labor.
8    "Discharge" means any cessation of employment, including
9constructive discharge, indefinite suspension, layoff, or
10reduction in hours.
11    "Egregious misconduct" means deliberate or grossly
12negligent conduct that:
13        (1) endangers the safety or well-being of the
14    individual, co-workers, customers, or other persons,
15    including discrimination against, harassment of, or
16    causing physical or emotional harm to co-workers,
17    customers, or other persons;
18        (2) causes serious damage to the employer's or
19    customers' property or business interests, including, but
20    not limited to, theft; or
21        (3) involves grossly inappropriate behavior such as
22    working under the influence of intoxicants or controlled
23    substances.
24    "Electronic monitoring" means the collection of
25information concerning worker activities, communications,
26actions, biometric information, as that term is defined in



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1Section 10 of the Biometric Information Privacy Act, or
2behaviors by electronic means including, but not limited to,
3video or audio surveillance, electronic work pace tracking,
4and other means.
5    "Employ" means to suffer or permit to work.
6    "Employee" has the meaning given that term in Section 2 of
7the Illinois Wage Payment and Collection Act, and also
8includes a "day or temporary laborer" but does not include a
9casual employee who performs work in or around a private home
10that is irregular in nature. A person may be an employee of 2
11or more employers at the same time. "Employee" does not
12include supervisors or persons who hold elective office.
13    "Employer" has the meaning given that term in Section 2 of
14the Illinois Wage Payment and Collection Act, and also
15includes a "third party client" and a "day and temporary labor
16services agency". More than one entity may be the employer of
17an employee, including in circumstances where one entity
18controls, is controlled by, or is under common control with
19another employer, or where one entity exerts control over the
20operations of another employer. An employer-employee
21relationship is presumed to exist when an individual performs
22labor or services for an employer. The party asserting that an
23individual is not an employee must establish by a
24preponderance of the evidence that the individual is an
25independent contractor.
26    "Just cause" means:



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1        (1) an employee's failure to satisfactorily perform
2    his or her job duties or to comply with employer policies;
3        (2) an employee's egregious misconduct; or
4        (3) bona fide economic reasons.
5    "Progressive discipline" means an employer's disciplinary
6system that provides a graduated range of reasonable responses
7to an employee's failure to satisfactorily perform his or her
8job duties or comply with employer policies, with the
9disciplinary measures ranging from mild to severe, depending
10on the frequency and degree of the failure, and the employee
11being afforded a reasonable period of time to address
13    "Reduction in hours" means a reduction in an employee's
14hours of work totaling at least 15% of the employee's average
15weekly work hours.
16    "Relator" means a current or former employee, contractor,
17subcontractor, or employee of such a contractor or
18subcontractor of an alleged violator of this Act, regardless
19of whether that person has received full or partial relief,
20who seeks relief through a public enforcement action brought
21under this Act.
22    "Representative organization" means a nonprofit or labor
23organization selected by a relator to initiate a public
24enforcement action on the relator's behalf.
25    "Severance pay" has the meaning of that term as described
26in Section 50.



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1    "Short-term position" means employment pursuant to a
2written contract that specifies that the position is to end
3after a specified period of time, not to exceed 6 months, where
4the employer can show that the work or need in question is
5expected to end, such as in the case of a seasonal job or a job
6to perform a specific project.
7    Section 10. Prohibition against discharge without just
9    (a) An employer shall not discharge an employee without
10just cause. Just cause may not be based on off-duty conduct
11unless there is a demonstrable and material nexus between the
12conduct and the employee's job performance or the employer's
13legitimate business interests.
14    (b) The employer shall within 3 days provide a written
15explanation to any discharged employee of the specific reasons
16for the discharge. In determining whether an employer had just
17cause for discharge, a fact finder may not consider any
18reasons not included in such written explanation. Where an
19employer fails to provide a written explanation to a
20discharged employee, the discharge shall not be deemed to be
21based on just cause. All information and judgments that the
22employer considered in making the determination shall be made
23available to the employee or his or her representative.
24    (c) The employer shall bear the burden of proving just
25cause including, if applicable, that the employer followed



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1progressive discipline, by a preponderance of non-hearsay
2evidence in any proceeding brought pursuant to this Act.
3    Section 15. Factors to be considered. In determining
4whether an employee has been discharged for just cause for
5failure to satisfactorily perform job duties or for failure to
6comply with employer policies, the fact finder shall consider,
7in addition to any other relevant factors, whether:
8        (1) the employee knew or should have known of his or
9    her job duties or of the employer's policy;
10        (2) the employer provided relevant and adequate
11    training to the employee;
12        (3) the employer's policy was reasonable and applied
13    consistently;
14        (4) the employer undertook a thorough, fair and
15    objective investigation; and
16        (5) the employer used progressive discipline.
17    Section 20. Discharge for failure to satisfactorily
18perform job duties. A discharge for failure to satisfactorily
19perform job duties or comply with employer policies shall not
20be deemed to be based on just cause unless the employer has
21used progressive discipline. Provided, further, that the time
22period between a first warning or discipline and termination
23shall be not less than 15 days, and the employer may not rely
24on a warning or discipline issued more than one year in the



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1past to justify a discharge.
2    Section 25. Progressive discipline. Under progressive
3discipline, an employer may discharge an employee immediately
4for egregious misconduct. A finding of misconduct for purposes
5of unemployment insurance eligibility shall not necessarily
6constitute serious misconduct for purposes of this Act. An
7employee discharged for egregious misconduct shall not be
8entitled to severance pay.
9    Section 30. Discharge based on bona fide economic reasons.
10A discharge shall not be deemed to be based on bona fide
11economic reasons unless the following conditions are met:
12        (1) the discharge results from a reduction in
13    production, sales, services, profit, or funding of the
14    employer, or technological or organizational changes in
15    the employer's operations that necessitate full or partial
16    reduction of the employer's operations;
17        (2) the employees or groups of employees to be
18    discharged are identified using broadly applicable
19    criteria that do not appear to target individuals; and
20        (3) the bona fide economic reasons justifying the
21    discharge were specified in writing to the employee at the
22    time of the discharge and are supported by the employer's
23    records.
24    A discharge shall be presumed not to be based on bona fide



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1economic reasons where the employer hired or hires another
2employee to perform substantially the same work within 90 days
3before or after the discharge. Elimination of staff redundancy
4created by a merger or acquisition shall not be deemed a bona
5fide economic reason for discharge of employees.
6    Section 35. Employee actions that do not constitute just
7cause for termination. In no event shall any of the following
8actions by an employee constitute just cause for termination:
9        (1) an employee's communication about workplace
10    practices or policies, including, but not limited to,
11    health or safety practices or hazards related to COVID-19,
12    to any person, including to an employer, an employer's
13    agent, other employees, a government agency, or the
14    public, including through print, online, social media, or
15    any other media; or
16        (2) an employee's refusal to work under conditions
17    that the employee reasonably believes would expose him or
18    her, other employees, or the public to an unreasonable
19    health or safety risk, including, but not limited to, risk
20    of illness or exposure to COVID-19.
21    An employer shall not retaliate against any employee or
22other person for such conduct. Notwithstanding any other
23provision of law, such conduct shall constitute protected
24conduct and may not be contractually prohibited, or subject to
25civil or criminal sanction or liability.



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1    Section 40. Employer assessments. An employer must
2conduct its own assessment of an employee, and may not rely on
3data gathered through electronic monitoring in discharging or
4disciplining an employee. Such employment decisions must be
5made based on human-provided information sources such as
6supervisors' assessments and documentation, or consulting
7co-workers. An employer must disclose in advance to employees
8any electronic monitoring or data collection at a workplace,
9disclose the purposes for which the data will be used, and
10provide employees meaningful opportunities to challenge any
11electronic monitoring or data systems. However, data gathered
12through electronic monitoring may be used in the following
13circumstances: for non-employment-related purposes; for
14discharging or disciplining an employee in cases of egregious
15misconduct or involving threats to the health or safety of
16other persons; or where required by State or federal law.
17Provided further, information on employee tardiness or
18absenteeism from electronic time-keeping systems that are used
19to measure employee work shifts for payroll purposes may be
20considered for purposes of employee discharge and discipline.
21    Section 45. Discharge; short-term position. Discharge at
22the end of a short-term position shall not require a showing of
23just cause and shall not entitle an employee to severance pay.
24A position shall not be deemed to be a short-term position



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1where the employer hires another employee, including another
2employee who is a day or temporary laborer, to perform
3substantially the same work within 90 days before or after the
4discharge. However, discharge prior to the end of the term of a
5short-term position shall require a showing of just cause and
6shall entitle the employee to severance pay.
7    Section 50. Severance pay. An employee shall accrue an
8entitlement to one hour of severance pay for every 12.5 hours
9worked during his or her first 2,080 hours of employment, and
10for every 50 hours worked thereafter. Within 14 days of
11discharge, the employer shall pay the employee his or her
12accrued severance pay, calculated based on the number of hours
13accrued multiplied by the employee's rate of pay upon
14discharge. However, an employee who is discharged at the end
15of a short-term position shall not be entitled to severance
16pay. Severance pay shall be exclusive of final compensation
17due an employee upon separation, as provided for under Section
182 of the Illinois Wage Payment and Collection Act. For
19purposes of determining an employee's hours of employment,
20tenure, or seniority, multiple periods worked for the
21employer, including through a day and temporary services
22agency, and any time worked for a predecessor employer shall
23be aggregated.
24    Section 55. Employment through day and temporary labor



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1services agencies.
2    (a) Where an employee is a day or temporary laborer who has
3worked 100 hours or more for a single third party client, the
4third party client shall be deemed his or her employer, shall
5become subject to the protections of this Act as regards the
6employee, and may not discharge the employee without just
7cause. However, if the employee's employment with the third
8party client qualifies as a short-term position, then a
9showing of just cause for discharge at the end of the
10position's defined term shall not be required, nor shall
11payment of severance pay at the end of the position's defined
12term be required. In such a case the third party client must
13show that all of the criteria and conditions for a short-term
14position in Section 45 and in the definition of short-term
15position are satisfied in order for the employment of the day
16or temporary laborer to qualify as a short-term position.
17    (b) Where an employee is a day or temporary laborer who has
18not worked 100 hours or more for a single third party client
19but has worked 100 hours or more for a temporary labor services
20agency, aggregating all hours worked for multiple third party
21clients, the employee shall become subject to more limited
22protection under the Act. Such an employee shall be given
23priority by the temporary labor services agency for future
24work assignments over employees who have not worked 100 hours
25or more for the agency. When such an employee is discharged by
26the day and temporary labor services agency, the employee



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1shall be entitled to payment of severance pay, as determined
2under Section 50. Such an employee shall be deemed discharged
3if he or she receives no work assignment offers from the
4temporary labor services agency for a period of 21 days or
5more. However, if such an employee's employment with the
6temporary labor services agency ends in order for the employee
7to commence direct employment with a third party client, then
8no payment of severance pay shall be required.
9    (c) Employers that are third party clients and employers
10that are day and temporary labor services agencies shall be
11jointly and severally responsible with one another for
12compliance with the Act's requirements.
13    Section 60. Collective bargaining agreement exemption. The
14requirements of this Act shall not apply to employees who are
15covered by a valid collective bargaining agreement.
16    Section 65. Retaliation prohibited. No employer or any
17other person shall threaten, intimidate, discipline,
18discharge, demote, suspend, or harass an employee, reduce the
19hours or pay of an employee, inform another employer that an
20employee has alleged that the employer violated this Act or
21any other law, discriminate against an employee, or take any
22other adverse action that penalizes an employee for, or is
23reasonably likely to deter an employee from, exercising or
24attempting to exercise any right protected under this Act or



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1any other law, including informing other employees or persons
2of their rights under this Act or any other law, assisting in
3any way with any complaint or investigation involving this
4Act, including another workers' case, or sharing information
5about workplace issues with other employees or the public,
6including on social media. Threats or any other adverse action
7related to perceived immigration status or work authorization
8shall constitute threats or adverse actions as those terms are
9used in this Section. An employee need not explicitly refer to
10this Act or any other law or the rights enumerated herein to be
11protected from retaliation. The protections afforded by this
12Section shall apply to any person who mistakenly but in good
13faith alleges violations of this Act.
14    Section 70. Protection of former employees from
15blacklisting. An employer shall not prevent or attempt to
16prevent, by word or writing of any kind, a former employee from
17obtaining employment with any other employer. An employer is
18not prohibited from providing by word or writing to any other
19employer to whom the discharged employee has applied for
20employment a truthful statement of the reason for discharge.
21    Section 75. Notice and posting of rights.
22    (a) The Department shall publish and make available
23notices informing employees of their rights protected under
24this Act. Employers shall post such notices in a conspicuous



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1location in the workplace or at any job site, and shall give a
2notice to each employee at the time of hiring and on an annual
3basis. The notices shall be made available in a downloadable
4format on the Department's website in English, Spanish,
5Polish, Mandarin, and Cantonese.
6    (b) Every employer shall conspicuously post at any
7workplace or job site where any employee works the notices
8described in subsection (a) that apply to the particular
9workplace or job site. The notices shall be in English and any
10language spoken as a primary language by at least 5% of the
11employees at that location if the Department has made the
12notice available in that language.
13    Section 80. Recordkeeping.
14    (a) Employers shall retain records documenting their
15compliance with the applicable requirements of this Act. In
16addition, day and temporary labor services agencies shall
17maintain records of each individual day or temporary laborer's
18start date with such day and temporary labor services agency
19and the dates on which that laborer was placed with a third
20party client. Employers shall retain such records for a period
21of 3 years and shall allow the Department access to such
22records and other information, in accordance with applicable
23law and with appropriate notice, in furtherance of an
24investigation conducted in accordance with this Act.
25    (b) In addition, employers shall report annually to the



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1Department, and any person who requests a copy of:
2        (1) the employer's total employment each year broken
3    down by full-time employment (defined as at least 30 hours
4    per week), part-time employment (defined as less than 30
5    hours per week), short-term employment, and employment
6    through a temp or staffing agency; and
7        (2) the employer's total number of separations each
8    year broken down by whether the separation was a discharge
9    for cause, a discharge for bona fide economic reasons, a
10    separation as a result of the end of a short-term
11    position, an employee resignation, or an employee
12    retirement.
13    Within 14 days of a request for such records, employers
14shall make requested records available for review and copying.
15    (c) An employer's failure to maintain, retain, or produce
16a record or other information required to be maintained by
17this Section relevant to a material fact alleged by an
18employee in a complaint brought pursuant to this Section or
19requested by the Department pursuant to an investigation,
20creates a rebuttable presumption that such fact is true.
21    Section 85. Administrative implementation and enforcement.
22    (a) The Department shall administer and enforce the
23provisions of this Act and shall, within 120 days after its
24effective date, adopt rules necessary to administer and
25enforce the provisions of this Act. The rules shall include



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1the procedures for investigations and hearings under this Act.
2The adoption, amendment, or rescission of rules shall be in
3conformity with the requirements of the Illinois
4Administrative Procedure Act.
5    (b) An aggrieved employee or his or her duly authorized
6representative may file a complaint with the Department
7regarding violations by an employer of this Act or of any
8implementing rules. Upon receiving a complaint or on its own
9initiative, the Department shall investigate potential
10violations, make a determination whether a violation has
11occurred, and take appropriate action to enforce the
12provisions of this Act and any implementing rules.
13    (c) If an employer is found by the Department to have
14violated this Act or any rules adopted under this Act, the
15Department shall order the following, in addition to any other
16remedy provided by law:
17        (1) In the case of unlawful discharge, retaliation,
18    blacklisting, or unlawful electronic monitoring, actual
19    and liquidated damages payable to each aggrieved worker
20    equal to, at the aggrieved party's election, $10,000 or 3
21    times the actual damages including, but not limited to,
22    unpaid wages, benefits, other remuneration owed, and
23    compensation for emotional pain, suffering, inconvenience,
24    and mental anguish, unless an adjudicator finds that
25    mitigating circumstances are present, in which case the
26    adjudicator may order that the preceding liquidated



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1    damages amount be reduced as circumstances make
2    appropriate, as well as reinstatement, restoration of
3    hours, other injunctive relief (including to rectify
4    conditions that led to constructive discharge), punitive
5    damages, and such other remedies as may be appropriate.
6        (2) In the case of discharge where severance pay was
7    not provided, payment of severance pay together with an
8    additional 2 times that amount as liquidated damages, and
9    such other remedies as may be appropriate including
10    punitive damages.
11        (3) In the case of failure to provide a timely written
12    explanation for a discharge, injunctive relief and
13    liquidated damages in an amount equal to $5,000, unless an
14    adjudicator finds that mitigating circumstances are
15    present, in which case the adjudicator may order that the
16    preceding liquidated damage amount be reduced as
17    circumstances make appropriate, and such other remedies as
18    may be appropriate, including punitive damages.
19        (4) Payment of a further sum to the Department as a
20    civil penalty in an amount of $10,000 for unlawful
21    discharge, retaliation, or blacklisting in violation of
22    this Act, or unlawful electronic monitoring, in an amount
23    of $5,000 for or failure to provide a timely written
24    explanation for a discharge, or in an amount of $1,000 for
25    other violations of this Act, including the Act's
26    recordkeeping requirements or failure to produce records



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1    requested in an investigation. However, if an adjudicator
2    finds that mitigating circumstances are present, the
3    adjudicator may order that the preceding civil penalty
4    amounts be reduced as circumstances make appropriate. The
5    civil penalties imposed in accordance with this Section
6    shall be imposed on a per employee and per instance basis
7    for each violation.
8        (5) Payment of the complainant's reasonable attorneys'
9    fees, expert fees, and other costs. For the purposes of
10    this provision, a complainant shall be deemed to have
11    prevailed and entitled to an award of fees and costs if
12    commencement of a complaint has acted as a catalyst to
13    effect policy change on the part of the respondent,
14    regardless of whether that change has been implemented
15    voluntarily, as a result of a settlement, or as a result of
16    a judgment in such party's favor.
17        (6) In assessing an appropriate remedy, due
18    consideration shall be given to the gravity of the
19    violation, the history of previous violations, and the
20    good faith of the employer.
21        (7) All amounts specified in this Act shall be updated
22    annually to keep pace with the rising cost of living by
23    increasing each amount in proportion to the increase over
24    the most recent 12-month period for which data are
25    available in the value of the Consumer Price Index for All
26    Urban Consumers (CPI-U), as calculated by the Bureau of



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1    Labor Statistics of the United States Department of Labor,
2    and rounding the new amounts to the nearest multiple of
3    $5. Such increased amounts shall be announced by October 1
4    of each year, and shall take effect on January 1.
5        (8) Either party may bring an administrative appeal to
6    enforce, vacate, or modify the order, determination, or
7    other disposition.
8        (9) No procedure or remedy set forth in this Section
9    is exclusive or a prerequisite for asserting a claim for
10    relief to enforce any rights under this Act in a court of
11    law.
12        (10) Any employer who has been ordered by the
13    Department or ordered by a court to pay unpaid backpay,
14    front pay and benefits, severance pay, liquidated or
15    punitive damages, or civil penalties, and who fails to
16    seek timely review of such a demand or order as provided
17    for under this Act and who fails to comply within 15
18    calendar days after such demand or within 35 days of an
19    administrative or court order is entered shall also be
20    liable to pay a penalty to the Department of 20% of the
21    amount found owing and a penalty to the employee of 1% per
22    calendar day of the amount found owing for each day of
23    delay in paying such wages to the employee. All moneys
24    recovered as fees and civil penalties under this Act,
25    except those owing to the affected employee, shall be
26    deposited into the Wrongful Discharge Enforcement Fund, a



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1    special fund which is hereby created in the State
2    treasury. Moneys in the Fund may be used only for
3    enforcement of this Act.
4    Section 90. Civil action. Except as otherwise provided by
5law, any person claiming to be aggrieved by an employer's
6violation of this Act has a cause of action in any court and,
7upon prevailing, shall be awarded the relief specified in
8Section 85 and, if the court finds in favor of the plaintiff,
9it shall award such prevailing party, in addition to other
10relief, his or her reasonable attorneys' fees, expert fees,
11and other costs. As used in this Section, "prevailing" party
12includes a party whose commencement of litigation has acted as
13a catalyst to effect policy change on the part of the
14defendant, regardless of whether that change has been
15implemented voluntarily, as a result of a settlement, or as a
16result of a judgment in such party's favor. Penalties and fees
17under this Act may be assessed by the Department and recovered
18in a civil action brought by the Department in any court or in
19any administrative adjudicative proceeding under this Act. In
20any such civil action or administrative adjudicative
21proceeding under this Act, the Department shall be represented
22by the Attorney General.
23    Section 95. Public enforcement action. A relator or
24representative organization may initiate a public enforcement



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1action in any court to pursue civil penalties, injunctive
2relief, and declaratory relief, as specified in Section 85, on
3behalf of the Department, for a violation of the provisions of
4this Act affecting the relator and other current or former
5employees, according to the following procedures:
6        (a) The relator or representative organization shall
7    give written notice to the Department of the specific
8    provisions of this Act alleged to have been violated,
9    including the facts and theories to support the alleged
10    violation. The notice shall be given in such a manner as
11    the Department may prescribe by rule.
12        (b) If the Department intends to investigate the
13    alleged violation, it shall notify the relator or
14    representative organization of its decision within 65
15    calendar days of the postmark date of the notice. Within
16    60 calendar days of that decision, the Department may
17    investigate the alleged violation and take any enforcement
18    action authorized by law. If the Department determines
19    that additional time is necessary to complete the
20    investigation, it may extend the time by not more than 60
21    additional calendar days and shall notify the relator or
22    representative organization of the extension.
23        (c) Notwithstanding any other provision of law, a
24    public enforcement action brought under this Act must be
25    commenced within the limitations period specified in
26    Section 100. The statute of limitations for bringing a



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1    public enforcement action under this Act shall be tolled
2    from the date a relator or representative organization
3    files a notice under this Section with the Department, or
4    the Department commences an investigation, whichever is
5    earlier.
6        (d) The relator or representative organization may
7    commence a civil action under this Act if the Department
8    determines that no enforcement action will be taken, or if
9    no enforcement action is taken by the Department within
10    the time limits prescribed.
11        (e) The Department may intervene in an action brought
12    under this Act and proceed with any and all claims in the
13    action as of right within 30 days after the filing of the
14    action, or for good cause, as determined by the court, at
15    any time after the 30-day period after the filing of the
16    action.
17        (f) Civil penalties recovered in a public enforcement
18    action brought under this Act shall be distributed as
19    follows:
20            (1) If the Department does not intervene in the
21        action, 60% to the Department, and 40% to the relator
22        or representative organization, to be distributed to
23        the employees affected by the violation, including a
24        service award that reflects the burdens and risks
25        assumed by the employee or representative organization
26        in prosecuting the action.



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1            (2) If the Department does intervene in the
2        action, 70% to the Department, and 30% to the relator
3        or representative organization, the latter of which
4        shall be distributed to the employees affected by the
5        violation, including a service award that reflects the
6        burdens and risks assumed by the employee or
7        representative organization in prosecuting the action.
8            (3) The share of penalties recovered for the
9        Department under this Act shall be used solely to
10        support the Department's education and enforcement
11        activities relating to this Act, with approximately
12        25% of these penalties reserved for grants to
13        community organizations for outreach and education
14        about employee rights under this Act.
15        (g) In any public enforcement action commenced under
16    this Act, the court shall allow a prevailing relator or
17    representative organization to recover all reasonable
18    attorneys' fees, expert fees, and other costs. For the
19    purposes of this provision, a "prevailing" relator or
20    representative organization includes a relator or
21    representative organization whose commencement of
22    litigation has acted as a catalyst to effect policy change
23    on the part of the defendant, regardless of whether that
24    change has been implemented voluntarily, as a result of a
25    settlement, or as a result of a judgment in such relator or
26    representative organization's favor.



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1        (h) No public enforcement action brought under this
2    Act shall be required to meet class action certification
3    requirements under Part 8 of Article II of the Code of
4    Civil Procedure or Rule 23(a) of the Federal Rules of
5    Civil Procedure.
6        (i) The relator or representative organization may not
7    recover compensatory damages or back pay, or seek
8    reinstatement, in a public enforcement action. But the
9    filing of a public enforcement action does not preclude an
10    employee from pursuing these remedies in another forum.
11        (j) The right to bring a public enforcement action
12    under this Act shall not be impaired by any private
13    contract.
14    Section 100. Limitation of actions. Notwithstanding any
15other provision of law, an action under this Act must be filed
16within 3 years after the complainant knew or should have known
17of the alleged violation. However, this statute of limitations
18period shall be tolled for the duration of any state of
19emergency declared by the State or by any city or county in
20which the action is commenced.
21    Section 105. Non-preemption. This Act does not preempt,
22limit, or otherwise affect the authority of any other unit of
23government to adopt laws, rules, requirements, policies, or
24standards providing additional employment or workplace



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2    Section 110. Violations. An employer that violates this
3Act is guilty of a Class A misdemeanor.
4    Section 115. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
6    Section 120. The State Finance Act is amended by adding
7Section 5.970 as follows:
8    (30 ILCS 105/5.970 new)
9    Sec. 5.970. The Wrongful Discharge Enforcement Fund.
10    Section 999. Effective date. This Act takes effect January
111, 2023.".