| ||||
| Public Act 101-0527 | ||||
| ||||
| ||||
AN ACT concerning State government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Attorney General Act is amended by adding | ||||
Sections 6.3 and 6.4 as follows: | ||||
(15 ILCS 205/6.3 new) | ||||
Sec. 6.3. Worker Protection Unit. | ||||
(a) The General Assembly finds that the welfare and | ||||
prosperity of all Illinois citizens and businesses requires the | ||||
establishment of a Unit within the Attorney General's Office | ||||
dedicated to combatting businesses that underpay their | ||||
employees, force their employees to work in unsafe conditions, | ||||
and gain an unfair economic advantage by avoiding their tax and | ||||
labor responsibilities. The Worker Protection Unit shall be | ||||
focused on protecting the State's workforce to ensure workers | ||||
are paid properly, guarantee safe workplaces, and allow | ||||
law-abiding business owners to thrive through healthy and fair | ||||
competition. Businesses that violate the State's worker | ||||
protection laws put a greater burden on taxpayers by hurting | ||||
the State's ability to provide critical services; compliant | ||||
businesses cannot compete against those who gain an unfair | ||||
advantage by evading their responsibilities. | ||||
(b) There is created within the Office of the Attorney | ||||
General a Worker Protection Unit, consisting of Assistant | ||
Attorneys General appointed by the Attorney General, who, | ||
together with other staff as deemed necessary by the Attorney | ||
General, shall have the power and duty on behalf of persons | ||
within this State, to intervene in, initiate, and enforce all | ||
legal proceedings on matters related to the payment of wages, | ||
the safety of the workplace, and fair employment practices, | ||
including, without limitation, the provisions of the | ||
Prevailing Wage Act, the Employee Classification Act, the | ||
Minimum Wage Law, the Day and Temporary Labor Services Act, or | ||
the Wage Payment and Collection Act, whenever the Attorney | ||
General determines that such action is necessary to protect the | ||
rights and interests of Illinois workers and Illinois | ||
businesses. | ||
(c) Prior to initiating an action, the Attorney General | ||
shall conduct an investigation and may: (1) require an | ||
individual or entity to file a statement or report in writing | ||
under oath or otherwise, as to all information the Attorney | ||
General may consider necessary; (2) examine under oath any | ||
person alleged to have participated in or with knowledge of the | ||
alleged violation; or (3) issue subpoenas or conduct hearings | ||
in aid of any investigation. | ||
(d) In an action brought under this Section, the Attorney | ||
General may obtain, as a remedy, monetary damages to the State, | ||
restitution, and equitable relief, including any permanent or | ||
preliminary injunction, temporary restraining order, or other | ||
order, including an order enjoining the defendant from engaging | ||
in a violation, or order any action as may be appropriate. In | ||
addition, the Attorney General may request and the court may | ||
impose a civil penalty against any person or entity found by | ||
the court to have violated the Prevailing Wage Act, the | ||
Employee Classification Act, the Minimum Wage Law, the Day and | ||
Temporary Labor Services Act, the Wage Payment and Collection | ||
Act, or any other law related to the payment of wages, the | ||
safety of the workplace, or fair employment practices, in a sum | ||
not to exceed the maximum amount of any civil penalty | ||
prescribed by law. Neither the State nor an aggrieved | ||
individual may recover monetary relief, including civil | ||
penalties, in more than one proceeding related to the same | ||
violation. | ||
(e) Upon the Attorney General's request, the Illinois | ||
Department of Labor shall provide any materials or documents | ||
already in the Department's possession pertaining to the | ||
enforcement of this Section. The Office of the Attorney General | ||
may use information obtained under this Section, including | ||
information that is designated as and that qualifies for | ||
confidential treatment, which information the Attorney | ||
General's Office shall maintain as confidential, for law | ||
enforcement purposes only, which information may be shared with | ||
other law enforcement officials. Nothing in this Section is | ||
intended to take away or limit any powers of the Attorney | ||
General under common law or other statutory law. | ||
(15 ILCS 205/6.4 new) | ||
Sec. 6.4. Worker Protection Unit Task Force. | ||
(a) There is created a Worker Protection Task Force within | ||
the Office of the Illinois Attorney General. The Task Force | ||
shall be coordinated by the Office of the Attorney General to | ||
promote a statewide outreach and enforcement effort to target | ||
businesses that violate the State's worker protection laws. The | ||
purpose of the Task Force shall be to: | ||
(1) create a coalition in Illinois dedicated to | ||
protecting the State's workforce and law-abiding | ||
businesses; | ||
(2) facilitate the timely sharing of information | ||
between Task Force members relating to suspected worker | ||
exploitation; | ||
(3) promote the refinement of targeting methods and | ||
best practices, and develop strategies to systemically | ||
investigate worker exploitation; and | ||
(4) work cooperatively with labor and community | ||
organizations, businesses and business coalitions, and | ||
other advocacy groups to increase public awareness on the | ||
underground economy in an effort to promote fairness, | ||
combat discrimination, and protect the welfare of the | ||
State. | ||
(b) The Task Force shall consist of: | ||
(1) the Illinois Attorney General; | ||
(2) Assistant Attorneys General, assigned at the | ||
discretion of the Illinois Attorney General; | ||
(3) three elected State's Attorneys of Illinois, or | ||
their designees, selected by the Attorney General; | ||
(4) the Director of Labor or his or her designee; | ||
(5) the Director of Employment Security or his or her | ||
designee; | ||
(6) the Director of Human Rights or his or her | ||
designee; and | ||
(7) the chairperson of the Illinois Workers' | ||
Compensation Commission or his or her designee. | ||
(c) The Task Force shall elect a chairperson from its | ||
membership and shall have the authority to determine its own | ||
meeting schedule, hearing schedule, and agendas. Members of the | ||
Task Force shall serve without compensation. | ||
(d) The Task Force shall submit a report to the Governor | ||
and the General Assembly regarding its progress no later than | ||
December 1, 2020. | ||
(e) This Section is repealed December 1, 2021.
| ||