Illinois Compiled Statutes
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820 ILCS 112/30
(820 ILCS 112/30)
Violations; fines and penalties.
(a) If an employee is paid by his or her employer less than the wage to
which he or
she is entitled in
violation of Section 10 of this Act, the employee may recover in a civil action
the entire amount of any
underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorney's
fees as may be
allowed by the
court and as necessary to make the employee whole. At the request of the
employee or on a motion of the Director,
the Department may
make an assignment of the wage claim in trust for the assigning employee and
may bring any
legal action necessary to collect the claim, and the employer shall be required
to pay the costs
incurred in collecting the claim. Every such action shall be brought within 5
years from the date
of the underpayment. For purposes of this Act, "date of the underpayment" means each time wages are underpaid.
(a-5) If an employer violates subsection (b), (b-5), (b-10), or (b-20) of Section 10, the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorney's fees as may be allowed by the court and as necessary to make the employee whole. If special damages are available, an employee may recover compensatory damages only to the extent such damages exceed the amount of special damages. Such action shall be brought within 5 years from the date of the violation.
(b) The Director is authorized to supervise the payment of the unpaid wages under subsection (a) or damages under subsection (b), (b-5), (b-10), or (b-20) of Section 10
owing to any
employee or employees under this Act and may bring any legal action necessary
to recover the
amount of unpaid wages, damages, and penalties or to seek injunctive relief, and the employer shall be required to pay
the costs. Any
sums recovered by the Director on behalf of an employee under this
Section shall be
paid to the employee or employees affected.
(c) Employers who violate any provision of this Act or any rule
adopted under the Act are subject to a civil penalty for each employee affected as follows:
(1) An employer with fewer than 4 employees: first
offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000.
(2) An employer with 4 or more employees: first
offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000.
An employer or person who violates subsection (b), (b-5), (b-10), (b-20), or (c) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for each employee affected.
(d) In determining the amount of the penalty, the
appropriateness of the
penalty to the size of the business of the employer charged and the gravity of
the violation shall
be considered. The penalty may be recovered in a civil action brought by the
any circuit court.
(Source: P.A. 101-177, eff. 9-29-19.)