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| Public Act 096-0467 |
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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 Equal Pay Act of 2003 is amended by changing | ||||
Sections 15, 20, 30, and 35 as follows:
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(820 ILCS 112/15)
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Sec. 15. Enforcement. | ||||
(a) The Director or his or her authorized
representative | ||||
shall
administer and enforce the provisions of this Act. The | ||||
Director of Labor shall
adopt rules
necessary to administer and | ||||
enforce this Act.
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(b) An employee or former employee may file a complaint | ||||
with the
Department alleging a violation of this Act by | ||||
submitting a signed, completed complaint form. All complaints | ||||
shall be filed with the Department within one year from the | ||||
date of the underpayment. | ||||
(c) The Department has the power to conduct investigations | ||||
in
connection with
the administration and enforcement of this | ||||
Act and the authorized officers and
employees of the
Department | ||||
are authorized to 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 at reasonable times during regular
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business hours, question
the employees and investigate the | ||
facts, conditions, practices, or matters as
he or she may deem
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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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(Source: P.A. 93-6, eff. 1-1-04.)
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(820 ILCS 112/20)
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Sec. 20. Recordkeeping requirements. An employer subject | ||
to any
provision of this
Act shall make and preserve records | ||
that document the name, address, and
occupation of each
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employee, the wages paid to each employee, and any other
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information
the Director
may by rule deem necessary and | ||
appropriate for enforcement of this Act.
An employer
subject to | ||
any provision of this Act shall preserve those records for a | ||
period
of not less than 5
3 years and shall
make reports from | ||
the records as prescribed by rule or order of the
Director, | ||
unless the records relate to an ongoing investigation or | ||
enforcement action under this Act, in which case the records | ||
must be maintained until their destruction is authorized by the | ||
Department or by court order.
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(Source: P.A. 93-6, eff. 1-1-04.)
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(820 ILCS 112/30)
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Sec. 30. Violations; fines and penalties.
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(a) If an employee is paid by his or her employer less than | ||
the wage to
which he or
she is entitled in
violation of Section | ||
10 of this Act, the employee may recover in a civil action
the | ||
entire amount of any
underpayment together with interest and | ||
the costs and reasonable attorney's
fees as may be
allowed by | ||
the
court and as necessary to make the employee whole. At the | ||
request of the
employee or on a motion of the Director,
the | ||
Department may
make an assignment of the wage claim in trust | ||
for the assigning employee and
may bring any
legal action | ||
necessary to collect the claim, and the employer shall be | ||
required
to pay the costs
incurred in collecting the claim. | ||
Every such action shall be brought within 5 3
years from the | ||
date
the employee learned of the underpayment. For purposes of | ||
this Act, "date of the underpayment" means each time wages are | ||
underpaid.
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(b) The Director is authorized to supervise the payment of | ||
the unpaid wages
owing to any
employee or employees under this | ||
Act and may bring any legal action necessary
to recover the
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amount of unpaid wages and penalties and the employer shall be | ||
required to pay
the costs. Any
sums recovered by the Director | ||
on behalf of an employee under this
Section shall be
paid to | ||
the employee or employees affected.
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(c) Any employer who violates any provision of this Act or | ||
any rule
adopted under the Act is subject to a civil penalty | ||
not to exceed $2,500
for each violation for
each employee | ||
affected. In determining the amount of the penalty, the
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appropriateness of the
penalty to the size of the business of | ||
the employer charged and the gravity of
the violation shall
be | ||
considered. The penalty may be recovered in a civil action | ||
brought by the
Director in
any circuit court.
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(Source: P.A. 93-6, eff. 1-1-04.)
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(820 ILCS 112/35)
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Sec. 35.
Refusal to pay wages or final compensation; | ||
retaliatory
discharge or
discrimination.
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(a) 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 fails to do so within 15 days after such | ||
demand or the order is
entered shall be is
liable to pay a | ||
penalty of 1% per calendar day to the employee for each day of
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delay in paying such
the wages to the employee, up to an amount | ||
equal to twice the sum of unpaid
wages due the
employee.
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(b) 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 or her employer, or to the Director or | ||
his
or her authorized
representative, that he or she or any | ||
employee of the employer has not been
paid in accordance
with | ||
the provisions of this Act, or because that employee has | ||
instituted or
caused to be instituted
any proceeding under or | ||
related to this Act or consulted counsel for such
purposes, or | ||
because that employee has
testified or is about to
testify in | ||
an investigation or proceeding under this Act, or offers any
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evidence of any violation of
this Act, shall be liable to the
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employee for such legal and equitable relief as may be | ||
appropriate to
effectuate the purposes of this
Section, the | ||
value of any lost benefits, backpay, and front pay as | ||
appropriate
so long as the
employee has made reasonable efforts | ||
to mitigate his or her damages and an
additional equal
amount | ||
as liquidated damages.
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(Source: P.A. 93-6, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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