|
||||
Public Act 095-0209 |
||||
| ||||
| ||||
AN ACT concerning employment.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 13-206 as follows:
| ||||
(735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
| ||||
Sec. 13-206. Ten year limitation. Except as provided in | ||||
Section 2-725
of the "Uniform
Commercial Code", actions on | ||||
bonds, promissory notes, bills of exchange,
written leases,
| ||||
written contracts, or other evidences of indebtedness in | ||||
writing and actions brought under the Illinois Wage Payment and | ||||
Collection Act , shall
be commenced within 10 years next after | ||||
the cause of action accrued; but
if any payment or new promise | ||||
to pay has been made, in writing,
on any bond, note, bill, | ||||
lease, contract, or other written evidence of
indebtedness, | ||||
within or after the period of 10 years, then an action may
be | ||||
commenced thereon at any time within 10 years after the time of | ||||
such
payment or promise to pay.
For purposes of this Section, | ||||
with regard to promissory notes dated on or
after the effective | ||||
date of this amendatory Act of 1997, a cause of action on a
| ||||
promissory note payable at a definite date accrues on the due | ||||
date or date
stated in the promissory note or the date upon | ||||
which the promissory note is
accelerated. With respect to a |
demand promissory note dated on or after the
effective date of | ||
this amendatory Act of 1997, if a demand for payment is made
to
| ||
the maker of the demand promissory note, an action to enforce | ||
the obligation of
a party to pay the
demand promissory note | ||
must be commenced within 10 years after the demand. An
action | ||
to enforce a demand
promissory note is barred if neither | ||
principal nor interest on the demand
promissory note has been | ||
paid for a continuous period of 10 years and no demand
for | ||
payment has been made to the maker during that period.
| ||
(Source: P.A. 90-451, eff. 1-1-98.)
| ||
Section 10. The Illinois Wage Payment and Collection Act is | ||
amended by changing Sections 11 and 14 as follows:
| ||
(820 ILCS 115/11) (from Ch. 48, par. 39m-11)
| ||
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.
| ||
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.
| ||
The department shall have the following powers:
| ||
(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
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
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.
| ||
(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
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
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
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.
| ||
(c) To make complaint in any court of competent | ||
jurisdiction of
violations of this Act.
| ||
Nothing herein shall be construed to prevent any employee | ||
from making
complaint or prosecuting his or her own claim for | ||
wages.
| ||
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.
| ||
(Source: P.A. 83-1362.)
| ||
(820 ILCS 115/14) (from Ch. 48, par. 39m-14)
| ||
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
|
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.
| ||
(b) Any employer who has been demanded 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. Such employer shall also | ||
be liable to the Department of Labor for 20% of such unpaid | ||
wages.
| ||
(b-5) Penalties under this Section may be recovered in a | ||
civil action brought by the Director in any circuit court. In | ||
this litigation, the Director of Labor shall be represented by | ||
the Attorney General.
| ||
(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.
| ||
(Source: P.A. 94-1025, eff. 7-14-06.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|