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| Public Act 094-1025 |
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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 | ||||
Sections 3, 7, and 12 as follows:
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(820 ILCS 105/3) (from Ch. 48, par. 1003)
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Sec. 3. As used in this Act:
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(a) "Director" means the Director of the Department of | ||||
Labor, and
"Department" means the Department of Labor.
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(b) "Wages" means compensation due to an employee by reason | ||||
of his
employment, including allowances determined by the | ||||
Director in
accordance with the provisions of this Act for | ||||
gratuities and, when
furnished by the employer, for meals and | ||||
lodging actually used by the
employee.
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(c) "Employer" includes any individual, partnership, | ||||
association,
corporation, limited liability company, business | ||||
trust, governmental or quasi-governmental body, or
any person | ||||
or group of persons acting directly or indirectly in the
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interest of an employer in relation to an employee, for which | ||||
one or
more persons are gainfully employed on some day within a | ||||
calendar year.
An employer is subject to this Act in a calendar | ||||
year on and after the
first day in such calendar year in which | ||||
he employs one or more persons,
and for the following calendar | ||||
year.
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(d) "Employee" includes any individual permitted to work by | ||||
an
employer in an occupation, but does not include any | ||||
individual permitted
to work:
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(1) For an employer employing fewer than 4 employees | ||||
exclusive of
the employer's parent, spouse or child or | ||||
other members of his immediate
family.
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(2) As an employee employed in agriculture or | ||||
aquaculture (A) if such
employee is
employed by an employer | ||||
who did not, during any calendar quarter during
the | ||
preceding calendar year, use more than 500 man-days of | ||
agricultural
or aquacultural
labor, (B) if such employee is | ||
the parent, spouse or child, or other
member of the | ||
employer's immediate family, (C) if such employee (i) is
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employed as a hand harvest laborer and is paid on a piece | ||
rate basis in
an operation which has been, and is | ||
customarily and generally recognized
as having been, paid | ||
on a piece rate basis in the region of employment,
(ii) | ||
commutes daily from his permanent residence to the farm on | ||
which he
is so employed, and (iii) has been employed in | ||
agriculture less than 13
weeks during the preceding | ||
calendar year, (D) if such employee (other
than an employee | ||
described in clause (C) of this subparagraph): (i) is
16 | ||
years of age or under and is employed as a hand harvest | ||
laborer, is paid
on a piece rate basis in an operation | ||
which has been, and is customarily
and generally recognized | ||
as having been, paid on a piece rate basis in
the region of | ||
employment, (ii) is employed on the same farm as his
parent | ||
or person standing in the place of his parent, and (iii) is | ||
paid
at the same piece rate as employees over 16 are paid | ||
on the same farm.
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(3) In domestic service in or about a private home.
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(4) As an outside salesman.
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(5) As a member of a religious corporation or | ||
organization.
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(6) At an accredited Illinois college or university | ||
employed by the
college
or university at which he is a | ||
student who is covered under the provisions
of the Fair | ||
Labor Standards Act of 1938, as heretofore or hereafter
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amended.
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(7) For a motor carrier and with respect to whom the | ||
U.S. Secretary of
Transportation has the power to establish | ||
qualifications and maximum hours of
service under the | ||
provisions of Title 49 U.S.C. or the State of Illinois | ||
under
Section 18b-105 (Title 92 of the Illinois | ||
Administrative Code, Part 395 -
Hours of Service of | ||
Drivers) of the Illinois Vehicle
Code.
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The above exclusions from the term "employee" may be | ||
further defined
by regulations of the Director.
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(e) "Occupation" means an industry, trade, business or | ||
class of work
in which employees are gainfully employed.
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(f) "Gratuities" means voluntary monetary contributions to | ||
an
employee from a guest, patron or customer in connection with | ||
services
rendered.
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(g) "Outside salesman" means an employee regularly engaged | ||
in making
sales or obtaining orders or contracts for services | ||
where a major
portion of such duties are performed away from | ||
his employer's place of
business.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(820 ILCS 105/7) (from Ch. 48, par. 1007)
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Sec. 7. The Director or his authorized representatives have | ||
the authority to:
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(a) Investigate and gather data regarding the wages, hours | ||
and other
conditions and practices of employment in any | ||
industry subject to this Act,
and may enter and inspect such | ||
places and such records (and make such
transcriptions thereof) | ||
at reasonable times during regular business hours,
not | ||
including lunch time at a restaurant, question such employees, | ||
and
investigate such facts, conditions, practices or matters as | ||
he may deem
necessary or appropriate to determine whether any | ||
person has violated any
provision of this Act, or which may aid | ||
in the enforcement of this Act.
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(b) Require from any employer full and correct statements | ||
and reports in
writing, including sworn statements, at such | ||
times as the Director may deem
necessary, of the wages, hours, | ||
names, addresses, and other information
pertaining to his | ||
employees as he may deem necessary for the enforcement of
this | ||
Act.
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(c) Require by subpoena the attendance and testimony of | ||
witnesses and the production of all books, records, and other | ||
evidence relative to a matter under investigation or hearing. | ||
The subpoena shall be signed and issued by the Director or his | ||
or her authorized representative. If a person fails to comply | ||
with any subpoena lawfully issued under this Section or a | ||
witness refuses to produce evidence or testify to any matter | ||
regarding which he or she may be lawfully interrogated, the | ||
court may, upon application of the Director or his or her | ||
authorized representative, compel obedience by proceedings for | ||
contempt.
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(Source: P.A. 77-1451.)
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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 employer less | ||
than the wage
to which he is entitled under the provisions of | ||
this Act, the employee may
recover in a civil
action the amount | ||
of any such underpayments together with costs and such
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reasonable attorney's fees as may be allowed by the Court, and | ||
damages of 2% of the amount of any such underpayments for each | ||
month following the date of payment during which such | ||
underpayments remain unpaid. Any
any
agreement between the | ||
employee
him and the
his 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
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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 up to 20% of the total employer's underpayment
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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
and shall be additionally
liable to the employee for | ||
punitive damages in the amount of 2% of the amount
of any such | ||
underpayments for each month following the date of payment
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during which such underpayments
remain unpaid. These penalties | ||
and damages
The Director may promulgate rules for the | ||
collection of these
penalties. The amount of a penalty may be | ||
determined, and the penalty may be
assessed, through an | ||
administrative hearing. The penalty may be recovered in a
civil | ||
action brought by the Director of Labor in any circuit court. | ||
The penalty
shall be imposed in cases in which an employer's | ||
conduct is proven by a
preponderance of the evidence to be | ||
willful. In any
such action, the Director of Labor shall be | ||
represented by the Attorney
General.
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If an employee collects damages of 2% 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 2% 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
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 punitive
damages,
and the employer shall | ||
be required to pay the costs incurred in collecting such claim. | ||
Such
and the 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.
be required to pay the costs.
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 paid to the | ||
employee or employees affected. Any sums which, more than one
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year after being thus recovered, the Director is unable to pay | ||
to
an employee shall be deposited into the General Revenue | ||
Fund.
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(Source: P.A. 92-392, eff. 1-1-02.)
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Section 10. The Illinois Wage Payment and Collection Act is | ||
amended by changing Sections 2 and 14 as follows:
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(820 ILCS 115/2) (from Ch. 48, par. 39m-2)
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Sec. 2. For all employees, other than separated employees, | ||
"wages"
shall be defined as any compensation owed an employee | ||
by an employer pursuant
to an employment contract or agreement | ||
between the 2 parties, whether
the amount is determined on a | ||
time, task, piece, or any other basis of
calculation. Payments | ||
to separated employees shall be termed "final
compensation" and | ||
shall be defined as wages, salaries, earned commissions,
earned | ||
bonuses, and the monetary equivalent of earned vacation and | ||
earned
holidays, and any other compensation owed the employee | ||
by the employer pursuant
to an employment contract or agreement | ||
between the 2 parties. Where an
employer is legally committed | ||
through a collective bargaining agreement
or otherwise to make | ||
contributions to an employee benefit, trust or fund on
the | ||
basis of a certain amount per hour, day, week or other period | ||
of time,
the amount due from the employer to such employee | ||
benefit, trust, or fund
shall be defined as "wage supplements", | ||
subject to the wage collection
provisions of this Act.
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As used in this Act, the term "employer" shall include any | ||
individual,
partnership, association, corporation, limited | ||
liability company, business trust, employment and
labor | ||
placement agencies where wage payments are made
directly or | ||
indirectly by the agency or business for work undertaken by
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employees under hire to a third party pursuant to a contract | ||
between the
business or agency with the third party, or any | ||
person or group of
persons acting directly or indirectly in the | ||
interest of an employer in
relation to an employee, for which | ||
one or more persons is gainfully employed.
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As used in this Act, the term "employee" shall include any | ||
individual
permitted to work by an employer in an occupation, | ||
but shall not include any
individual:
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(1) who has been and will continue to be free from | ||
control and direction
over the performance of his work, | ||
both under his contract of service with his
employer and in | ||
fact; and
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(2) who performs work which is either outside the usual | ||
course of business
or is performed outside all of the | ||
places of business of the employer unless
the employer is | ||
in the business of contracting with third parties for the
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placement of employees; and
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(3) who is in an independently established trade, | ||
occupation, profession
or business.
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(Source: P.A. 89-364, eff. 8-18-95; 89-626, eff. 8-9-96.)
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(820 ILCS 115/14) (from Ch. 48, par. 39m-14)
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Sec. 14. (a) 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
amount or | ||
validity thereof or that the same is due, with intent to secure
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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 a Class C
misdemeanor. Each day | ||
during which any violation of this Act continues
shall | ||
constitute a separate and distinct offense.
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(b) Any employer who has been demanded
ordered by the | ||
Director of Labor or ordered by the court
to pay wages due an | ||
employee and who shall fail to do so within 15 days
after such | ||
demand or order is entered shall be liable to pay a penalty of | ||
1% per
calendar day to the employee for each day of delay in | ||
paying such wages to
the employee up to an amount equal to | ||
twice the sum of unpaid wages due the
employee.
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(c) Any employer, or any agent of an employer, who | ||
knowingly discharges
or in any other manner knowingly | ||
discriminates against any employee because
that employee
has | ||
made a complaint to his employer, or to the Director of Labor | ||
or his
authorized representative, that he or she has not been | ||
paid in accordance
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.
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(Source: P.A. 83-202.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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