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| Public Act 103-0182 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Minimum Wage Law is amended by changing | ||||
Section 12 as follows:
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(820 ILCS 105/12) (from Ch. 48, par. 1012)
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Sec. 12. (a) If any employee is paid by his or her employer | ||||
less than the wage
to which he or she is entitled under the | ||||
provisions of this Act, the employee may
recover in a civil
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action treble the amount of any such underpayments together | ||||
with costs and such
reasonable attorney's fees as may be | ||||
allowed by the Court, and damages of 5% of the amount of any | ||||
such underpayments for each month following the date of | ||||
payment during which such underpayments remain unpaid. Any
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agreement between the employee and the employer to work for | ||||
less than such wage is
no defense to such action. At the | ||||
request of the employee or on motion
of the Director of Labor, | ||||
the
Department of Labor may make an assignment of such wage | ||||
claim in trust for
the assigning employee and may bring any | ||||
legal action necessary to collect
such claim, and the employer | ||||
shall be required to pay the costs incurred in
collecting such | ||||
claim. Every such action shall be brought within
3 years from | ||||
the date of the underpayment. Such employer shall be liable
to | ||||
the Department of Labor for a penalty in an amount of up to 20% | ||
of the total employer's underpayment
where the employer's | ||
conduct is proven by a preponderance of the evidence to be | ||
willful, repeated, or with reckless disregard of this Act or | ||
any rule adopted under this Act. Such employer shall be liable | ||
to the Department for an additional penalty of $1,500. All | ||
administrative penalties ordered under this Act shall be paid | ||
by certified check, money order, or an electronic payment | ||
system designated by the Department for such purposes and | ||
shall be made , payable to the Department's Wage Theft | ||
Enforcement Fund. Such employer shall be additionally
liable | ||
to the employee for damages in the amount of 5% of the amount
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of any such underpayments for each month following the date of | ||
payment
during which such underpayments
remain unpaid. These | ||
penalties and damages may be recovered in a
civil action | ||
brought by the Director of Labor in any circuit court. In any
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such action, the Director of Labor shall be represented by the | ||
Attorney
General.
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If an employee collects damages of 5% of the amount
of | ||
underpayments as a result of an action brought by the Director | ||
of Labor, the employee may not also collect those damages in a | ||
private action brought by the employee for the same violation. | ||
If an employee collects damages of 5% of the amount
of | ||
underpayments in a private action brought by the employee, the | ||
employee may not also collect those damages as a result of an | ||
action brought by the Director of Labor for the same | ||
violation.
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(b) If an employee has not collected damages under | ||
subsection (a) for the same violation, the Director is | ||
authorized to supervise the payment of the unpaid
minimum | ||
wages and the unpaid overtime compensation owing to any | ||
employee
or employees under Sections 4 and 4a of this Act and | ||
may bring any legal
action necessary to recover the amount of | ||
the unpaid minimum wages and unpaid
overtime compensation and | ||
an equal additional amount as
damages,
and the employer shall | ||
be required to pay the costs incurred in collecting such | ||
claim. Such employer shall be additionally liable to the | ||
Department of Labor for up to 20% of the total employer's | ||
underpayment where the employer's conduct is proven by a | ||
preponderance of the evidence to be willful, repeated, or with | ||
reckless disregard of this Act or any rule adopted under this | ||
Act. Such employer shall be liable to the Department of Labor | ||
for an additional penalty of $1,500, payable to the | ||
Department's Wage Theft Enforcement Fund.
The action shall be | ||
brought within 5 years from the date of the failure to
pay
the | ||
wages or compensation.
Any sums thus recovered
by the Director | ||
on behalf of an employee pursuant to this subsection shall
be | ||
deposited into the Department of Labor Special State Trust | ||
Fund, from which the Department shall disburse the sums owed | ||
to the employee or employees. The Department shall conduct a | ||
good faith search to find all employees for whom it has | ||
recovered unpaid minimum wages or unpaid overtime | ||
compensation. All disbursements authorized under this Section | ||
shall be made by certified check, money order, or an | ||
electronic payment system designated by the Department paid to | ||
the employee or employees affected. Any sums which, more than | ||
one
year after being thus recovered, the Director is unable to | ||
pay to
an employee shall be deposited into the General Revenue | ||
Fund. | ||
(c) The Department shall hold any moneys due to employees | ||
that it is unable to locate in the Department of Labor Special | ||
State Trust Fund for no less than 3 years after the moneys were | ||
collected. | ||
Beginning November 1, 2023, or as soon as is practical, | ||
and each November 1 thereafter, the Department shall report | ||
any moneys due to employees who cannot be located and that have | ||
been held by the Department in the Department of Labor Special | ||
State Trust Fund for 3 or more years and moneys due to | ||
employees who are deceased to the State Treasurer as required | ||
by the Revised Uniform Unclaimed Property Act. The Department | ||
shall not be required to provide the notice required under | ||
Section 15-501 of the Revised Uniform Unclaimed Property Act. | ||
Beginning July 1, 2023, or as soon as is practical, and | ||
each July 1 thereafter, the Department shall direct the State | ||
Comptroller and State Treasurer to transfer from the | ||
Department of Labor Special State Trust Fund the balance of | ||
the moneys due to employees who cannot be located and that have | ||
been held by the Department in the Department of Labor Special | ||
State Trust Fund for 3 or more years and moneys due to | ||
employees who are deceased as follows: (i) 15% to the Wage | ||
Theft Enforcement Fund and (ii) 85% to the Unclaimed Property | ||
Trust Fund. | ||
The Department may use moneys in the Wage Theft | ||
Enforcement Fund for the purposes described in Section 14 of | ||
the Illinois Wage Payment and Collection Act. | ||
(d) The Department may adopt rules to implement and | ||
administer this Section.
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(Source: P.A. 101-1, eff. 2-19-19.)
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Section 10. The Illinois Wage Payment and Collection Act | ||
is amended by changing Sections 11.5 and 14 as follows: | ||
(820 ILCS 115/11.5) | ||
Sec. 11.5. Departmental wage recovery; remittance to | ||
aggrieved employee. | ||
(a) Upon the recovery of unpaid wages, wage supplements, | ||
or final compensation from an employer that has violated this | ||
Act, the Department shall conduct a good faith search to find | ||
the aggrieved employee. If, after conducting a good faith | ||
search for the aggrieved employee, the Department is unable to | ||
find the aggrieved employee, the Department shall deposit the | ||
amount recovered into the Department of Labor Special State | ||
Trust Fund, from which the Department shall disburse the sums | ||
owed to the employee or employees. The Department shall | ||
conduct a good faith search to find all employees for whom it | ||
has recovered unpaid wages, wage supplements, or final | ||
compensation. All disbursements authorized under this Section | ||
shall be made by certified check, money order, or an | ||
electronic payment system designated by the Department. | ||
(a-5) The Department shall hold any moneys due to | ||
employees that it is unable to locate in the Department of | ||
Labor Special State Trust Fund for no less than 3 years after | ||
the moneys were collected. | ||
Beginning November 1, 2023, or as soon as is practical, | ||
and each November 1 thereafter, the Department shall report | ||
any moneys due to employees who cannot be located and that have | ||
been held by the Department in the Department of Labor Special | ||
State Trust Fund for 3 or more years and moneys due to | ||
employees who are deceased to the State Treasurer as required | ||
by the Revised Uniform Unclaimed Property Act. The Department | ||
shall not be required to provide the notice required under | ||
Section 15-501 of the Revised Uniform Unclaimed Property Act. | ||
Beginning July 1, 2023, or as soon as is practical, and | ||
each July 1 thereafter, the Department shall direct the State | ||
Comptroller and State Treasurer to transfer from the | ||
Department of Labor Special State Trust Fund the balance of | ||
the moneys due to employees who cannot be located and that have | ||
been held by the Department in the Department of Labor Special | ||
State Trust Fund for 3 or more years and moneys due to | ||
employees who are deceased as follows: (i) 15% to the Wage | ||
Theft Enforcement Fund and (ii) 85% to the Unclaimed Property | ||
Trust Fund. | ||
The Department may use moneys in the Wage Theft | ||
Enforcement Fund for the purposes described in Section 14 of | ||
the Illinois Wage Payment and Collection Act. | ||
(b) An aggrieved employee may make a request to the | ||
Department in order to recover unpaid wages, wage supplements, | ||
or final compensation that has been deposited into the | ||
Department of Labor Special State Trust Fund. The Department | ||
shall not require the employee to present a Social Security | ||
number or proof of United States citizenship. For the purpose | ||
of paying claims under this Section from the Department of | ||
Labor Special State Trust Fund to aggrieved employees, the | ||
Comptroller shall assign a vendor payment number to the | ||
Department. When an aggrieved employee makes a valid request | ||
for payment to the Department, the Department shall use the | ||
vendor payment number to process payment on behalf of the | ||
aggrieved employee. | ||
(c) The Department shall adopt rules for the | ||
administration of this Section.
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(Source: P.A. 99-762, eff. 1-1-17.)
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(820 ILCS 115/14) (from Ch. 48, par. 39m-14)
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Sec. 14. (a) Any employee not timely paid wages, final | ||
compensation, or wage supplements by his or her employer as | ||
required by this Act shall be entitled to recover through a | ||
claim filed with the Department of Labor or in a civil action, | ||
but not both, the amount of any such underpayments and damages | ||
of 5% of the amount of any such underpayments for each month | ||
following the date of payment during which such underpayments | ||
remain unpaid. In a civil action, such employee shall also | ||
recover costs and all reasonable attorney's fees. | ||
(a-5) In addition to the remedies provided in subsections | ||
(a), (b), and (c) of this Section, any employer or any agent of | ||
an employer, who, being able to pay wages,
final compensation, | ||
or wage supplements and being under a duty to pay,
wilfully | ||
refuses to pay as provided in this Act, or falsely denies the
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amount or validity thereof or that the same is due, with intent | ||
to secure
for himself or other person any underpayment of such | ||
indebtedness or with
intent to annoy, harass, oppress, hinder, | ||
delay or defraud the person to
whom such indebtedness is due, | ||
upon conviction, is guilty of: | ||
(1) for unpaid wages, final compensation or wage | ||
supplements in the amount of $5,000 or less, a Class B | ||
misdemeanor; or | ||
(2) for unpaid wages, final compensation or wage | ||
supplements in the amount of more than $5,000, a Class A | ||
misdemeanor. | ||
Each day during which any violation of this Act continues
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shall constitute a separate and distinct offense.
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Any employer or any agent of an employer who violates this | ||
Section of the Act a subsequent time within 2 years of a prior | ||
criminal conviction under this Section is guilty, upon | ||
conviction, of a Class 4 felony. | ||
(b) Any employer who has been demanded or ordered by the | ||
Department or ordered by the court
to pay wages, final | ||
compensation, or wage supplements due an employee shall be | ||
required to pay a non-waivable administrative fee to the | ||
Department of Labor in the amount of $250 if the amount ordered | ||
by the Department as wages owed is $3,000 or less; $500 if the | ||
amount ordered by the Department as wages owed is more than | ||
$3,000, but less than $10,000; and $1,000 if the amount | ||
ordered by the Department as wages owed is $10,000 or more. Any | ||
employer who has been so demanded or ordered by the Department | ||
or ordered by a court to pay such wages, final compensation, or | ||
wage supplements and who fails to seek timely review of such a | ||
demand or order as provided for under this Act and who fails to | ||
comply within 15 calendar days after such demand or within 35 | ||
days of an administrative or court order is entered shall also | ||
be liable to pay a penalty to the Department of Labor of 20% of | ||
the amount found owing and a penalty to the employee of 1% per | ||
calendar day of the amount found owing for each day of delay in | ||
paying such wages to the employee. All moneys recovered as | ||
fees and civil penalties under this Act, except those owing to | ||
the affected employee, shall be deposited into the Wage Theft | ||
Enforcement Fund, a special fund which is hereby created in | ||
the State treasury. Moneys in the Fund may be used only for | ||
enforcement of this Act and for outreach and educational | ||
activities of the Department related to the recovery of unpaid | ||
or underpaid compensation and the disbursement of moneys to | ||
affected parties.
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(b-5) Penalties and fees under this Section may be | ||
assessed by the Department and recovered in a civil action | ||
brought by the Department in any circuit court or in any | ||
administrative adjudicative proceeding under this Act. In any | ||
such civil action or administrative adjudicative proceeding | ||
under this Act, the Department shall be represented by the | ||
Attorney General.
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(c) Any employer, or any agent of an employer, who | ||
discharges
or in any other manner discriminates against any | ||
employee because
that employee
has made a complaint to his or | ||
her employer, to the Director of Labor or his or her
authorized | ||
representative, in a public hearing, or to a community | ||
organization that he or she has not been paid in accordance
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with the provisions of this Act, or because that employee has | ||
caused to
be instituted any proceeding under or related to | ||
this Act, or because that
employee has testified or is about to | ||
testify in an investigation or proceeding
under this Act, is | ||
guilty, upon conviction, of a Class C misdemeanor. An employee | ||
who has been unlawfully retaliated against shall be entitled | ||
to recover through a claim filed with the Department of Labor | ||
or in a civil action, but not both, all legal and equitable | ||
relief as may be appropriate. In a civil action, such employee | ||
shall also recover costs and all reasonable attorney's fees.
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(Source: P.A. 102-50, eff. 7-9-21.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||