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91_HB4077
LRB9112836WHcdA
1 AN ACT to amend the Illinois Wage Payment and Collection
2 Act by changing Section 14.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Wage Payment and Collection Act
6 is amended by changing Section 14 as follows:
7 (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
8 Sec. 14. (a) Any employer or any agent of an employer,
9 who, being able to pay wages, final compensation, or wage
10 supplements and being under a duty to pay, wilfully refuses
11 to pay as provided in this Act, or falsely denies the amount
12 or validity thereof or that the same is due, with intent to
13 secure for himself or other person any underpayment of such
14 indebtedness or with intent to annoy, harass, oppress,
15 hinder, delay or defraud the person to whom such indebtedness
16 is due, upon conviction, is guilty of a Class C misdemeanor.
17 Each day during which any violation of this Act continues
18 shall constitute a separate and distinct offense.
19 (b) Except as otherwise provided in this subsection (b),
20 any employer who has been ordered by the Director of Labor or
21 the court to pay wages due an employee and who shall fail to
22 do so within 15 days after such order is entered shall be
23 liable to pay a penalty of 1% per calendar day to the
24 employee for each day of delay in paying such wages to the
25 employee up to an amount equal to twice the sum of unpaid
26 wages due the employee.
27 Any employer who has been ordered by the Director of
28 Labor or the court to pay wages due a day laborer and who
29 shall fail to do so within 15 days after such order is
30 entered shall be liable to pay a penalty of 10% per calendar
31 day to the day laborer for each day of delay in paying such
-2- LRB9112836WHcdA
1 wages to the day laborer up to an amount equal to twice the
2 sum of unpaid wages due the day laborer, together with any
3 reasonable attorney's fees incurred by the day laborer in the
4 administrative proceeding, and the employer shall also be
5 liable to pay an additional penalty of $5,000 to the
6 Department of Labor. As used in this Section, "day laborer"
7 has the meaning ascribed to that term in the Day Labor
8 Services Act.
9 (c) Any employer, or any agent of an employer, who
10 knowingly discharges or in any other manner knowingly
11 discriminates against any employee because that employee has
12 made a complaint to his employer, or to the Director of Labor
13 or his authorized representative, that he or she has not been
14 paid in accordance with the provisions of this Act, or
15 because that employee has caused to be instituted any
16 proceeding under or related to this Act, or because that
17 employee has testified or is about to testify in an
18 investigation or proceeding under this Act, is guilty, upon
19 conviction, of a Class C misdemeanor.
20 (Source: P.A. 83-202.)