93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2582


 
Introduced 2/4/2004, by Carol Ronen
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 105/12
  from Ch. 48, par. 1012







    Amends the Minimum Wage Law. Makes a stylistic change in provisions concerning  violations of the Act.



















LRB093 15771 WGH 41381 b




















 


 


A BILL FOR









 














SB2582

LRB093 15771 WGH 41381 b









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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 
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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 
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less than the wage
to which he is entitled under the provisions 
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of this Act, the employee may
recover in a civil
action the 
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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 
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any
agreement between him and his employer to work for less 
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than such wage is
no defense to such action.  At the request of 
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the employee or on motion
of the Director of Labor, the

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Department of Labor may make an assignment of such wage claim 
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in trust for
the assigning employee and may bring any legal 
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action necessary to collect
such claim, and the employer shall 
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be required to pay the costs incurred in
collecting such claim.  
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Every such action shall be brought within
3 years from the date 
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of the underpayment.  Such employer shall be liable
to the 
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Department of Labor for 20% of the total employer's 
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underpayment
and shall be additionally
liable to the employee 
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for punitive damages in the amount of 2% of the amount
of any 
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such underpayments for each month following the date of payment

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during which such underpayments
remain unpaid.   The Director may 
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promulgate rules for the collection of these
penalties.  The 
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amount of a penalty may be determined, and the penalty may be

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assessed, through an administrative hearing.  The penalty may be 
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recovered in a
civil action brought by the Director of Labor in 
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any circuit court. The penalty
shall be imposed in cases in 
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which an employer's conduct is proven by a
preponderance of the 
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evidence to be willful.  In any
such action, the Director of 
 


 









SB2582
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Labor shall be represented by the Attorney
General.

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    (b) The Director is authorized to supervise the payment of 
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the unpaid
minimum wages and the unpaid overtime compensation 
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owing to any employee
or employees under Sections 4 and 4a of 
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this Act and may bring any legal
action necessary to recover 
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the amount of the unpaid minimum wages and unpaid
overtime 
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compensation and an equal additional amount as punitive 
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damages,
and the employer shall be required to pay the costs.

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The action shall be brought within 5 years from the date of the 
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failure to
pay
the wages or compensation.
Any sums thus 
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recovered
by the Director on behalf of an employee pursuant to 
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this subsection shall
be paid to the employee or employees 
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affected.  Any sums which, more than one
year after being thus 
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recovered, the Director is unable to pay to
an employee shall 
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be deposited into the General Revenue Fund.

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(Source: P.A. 92-392, eff. 1-1-02.)