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| Public Act 103-1082 | ||||
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AN ACT concerning employment. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The One Day Rest In Seven Act is amended by | ||||
changing Section 7 and by adding Section 5.5 as follows: | ||||
(820 ILCS 140/5.5 new) | ||||
Sec. 5.5. Retaliation prohibited. An employer, or agent or | ||||
officer of an employer, violates this Act if he or she | ||||
discharges, takes an adverse action against, or in any other | ||||
manner discriminates against any employee because that | ||||
employee has: | ||||
(1) exercised a right under this Act; | ||||
(2) made a complaint to his or her employer or to the | ||||
Director or the Director's authorized representative; | ||||
(3) caused to be instituted or is about to cause to be | ||||
instituted any proceeding under or related to this Act; or | ||||
(4)testified or is about to testify in an | ||||
investigation or proceeding under this Act. | ||||
(820 ILCS 140/7) (from Ch. 48, par. 8g) | ||||
Sec. 7. Civil offense. | ||||
(a) Any employer who violates Sections 2, 3, or 3.1 shall | ||||
be guilty of a civil offense, and shall be subject to a civil | ||||
penalty as follows: | ||
(1) For an employer with fewer than 25 employees, a | ||
penalty not to exceed $250 per offense, payable to the | ||
Department of Labor, and damages of up to $250 per | ||
offense, payable to the employee or employees affected. | ||
(2) For an employer with 25 or more employees, a | ||
penalty not to exceed $500 per offense, payable to the | ||
Department of Labor, and damages of up to $500 per | ||
offense, payable to the employee or employees affected. | ||
(b) An offense under this Act shall be determined on an | ||
individual basis for each employee whose rights are violated. | ||
(1) Each week that an employee is found to not have | ||
been allowed 24 consecutive hours of rest as required in | ||
Section 2 shall constitute a separate offense. | ||
(2) Each day that an employee is found not to have been | ||
provided a meal period as required in Section 3 shall | ||
constitute a separate offense. | ||
(3) A violation of Section 8.5 shall constitute a | ||
single offense, and is subject to a civil penalty not to | ||
exceed $250 payable to the Department of Labor. | ||
(4) An employee who has been unlawfully retaliated | ||
against in violation of Section 5.5 shall be entitled to | ||
recover, through a claim filed with the Department, all | ||
legal and equitable relief as may be appropriate. | ||
(c) The Director of Labor shall enforce this Act in | ||
accordance with the Illinois Administrative Procedure Act. The | ||
Director of Labor shall have the powers and the parties shall | ||
have the rights provided in the Illinois Administrative | ||
Procedure Act for contested cases, including, but not limited | ||
to, provisions for depositions, subpoena power and procedures, | ||
and discovery and protective order procedures. | ||
(d) 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 under this Act, the Department shall be represented by | ||
the Attorney General. Any funds collected by the Department of | ||
Labor under this Act shall be deposited into the Child Labor | ||
and Day and Temporary Labor Services Enforcement Fund. | ||
(Source: P.A. 102-828, eff. 1-1-23.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||