(820 ILCS 112/35)
Sec. 35.
Refusal to pay wages or final compensation; retaliatory
discharge or
discrimination.
(a) Any employer who has been demanded 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
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.
(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
evidence of any violation of
this Act, shall be liable to the
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.
(Source: P.A. 96-467, eff. 8-14-09.)
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