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| Public Act 098-0527 | ||||
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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 Illinois Wage Payment and Collection Act is | ||||
amended by changing Sections 11 and 14 as follows:
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(820 ILCS 115/11) (from Ch. 48, par. 39m-11)
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Sec. 11. It shall be the duty of the Department of Labor to | ||||
inquire diligently
for any violations of this Act, and to | ||||
institute the actions for penalties
herein provided, and to | ||||
enforce generally the provisions of this Act.
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An employee may file a complaint with the Department | ||||
alleging violations of the Act by submitting a signed, | ||||
completed wage claim application on the form provided by the | ||||
Department and by submitting copies of all supporting | ||||
documentation. Complaints shall be filed within one year after | ||||
the wages, final compensation, or wage supplements were due. | ||||
Applications shall be reviewed by the Department to | ||||
determine whether there is cause for investigation.
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The Department shall have the following powers:
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(a) To investigate and attempt equitably to adjust | ||||
controversies between
employees and employers in respect | ||||
of wage claims arising under this Act
and to that end the | ||||
Department through the Director of Labor or any other
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person in the Department of Labor designated by him or her, | ||
shall have the
power to administer oaths, subpoena and | ||
examine witnesses, to issue subpoenas
duces tecum | ||
requiring the production of such books, papers, records and
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documents as may be evidence of any matter under inquiry | ||
and to examine and
inspect the same as may relate to the | ||
question in dispute. Service of such
subpoenas shall be | ||
made by any sheriff or any person. Any
court in this State, | ||
upon the application of the Department
may compel | ||
attendance of witnesses, the
production of books and | ||
papers, and the giving of testimony before the
Department | ||
by attachment for contempt or in any other way as the | ||
production
of evidence may be compelled before such court.
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(b) To take assignments of wage claims in the name of | ||
the Director of
Labor and his or her successors in office | ||
and prosecute actions for the
collection of wages for | ||
persons financially unable to prosecute such claims when in
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the judgment of the Department such claims are valid and | ||
enforceable in the
courts. No court costs or any fees for | ||
necessary process and
proceedings shall be payable in | ||
advance by the Department for prosecuting
such actions. In | ||
the event there is a judgment rendered against the
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defendant, the court shall assess as part of such judgment | ||
the costs of
such proceeding. Upon collection of such | ||
judgments the Department shall pay
from the proceeds of | ||
such judgment such costs to such person who is by law
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entitled to same. The Department may join in a single | ||
proceeding any number
of wage claims against the same | ||
employer but the court shall have
discretionary power to | ||
order a severance or separate trial for hearings.
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(c) To make complaint in any court of competent | ||
jurisdiction of
violations of this Act.
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(d) In addition to the aforementioned powers, subject | ||
to appropriation, the Department may establish an | ||
administrative procedure to adjudicate claims or specific | ||
categories of claims filed with the Department for $3,000 | ||
or less per individual employee, exclusive of penalties, | ||
costs and fines, including instances where an employer | ||
fails to timely respond to a notice of claim issued by the | ||
Department; and to issue final and binding administrative | ||
decisions on such claims subject to the Administrative | ||
Review Law. To establish such a procedure, the Director of | ||
Labor or her or his authorized representative may | ||
promulgate rules and regulations. The adoption, amendment | ||
or rescission of rules and regulations for such a procedure | ||
shall be in conformity with the requirements of the | ||
Illinois Administrative Procedure Act. | ||
Nothing herein shall be construed to prevent any employee | ||
from making
complaint or prosecuting his or her own claim for | ||
wages. Any employee aggrieved by a violation of this Act or any | ||
rule adopted under this Act may file suit in circuit court of | ||
Illinois, in the county where the alleged violation occurred or | ||
where any employee who is party to the action resides, without | ||
regard to exhaustion of any alternative administrative | ||
remedies provided in this Act. Actions may be brought by one or | ||
more employees for and on behalf of themselves and other | ||
employees similarly situated.
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Nothing herein shall be construed to limit the authority of | ||
the State's
attorney of any county to prosecute actions for | ||
violation of this Act or
to enforce the provisions thereof | ||
independently and without specific direction
of the Department | ||
of Labor.
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(Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)
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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 2% 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 of $250 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.
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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 | ||
employer, to the Director of Labor or his
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. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)
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