Public Act 097-0512
 
SB0115 EnrolledLRB097 06240 AEK 46315 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Equal Pay Act of 2003 is amended  by changing 
Section 30 as follows:
 



    (820 ILCS 112/30)



    Sec. 30. Violations; fines and penalties. 

    (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
years from the date
 
of the underpayment. For purposes of this Act, "date of the 
underpayment" means each time wages are underpaid.

    (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

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.

    (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, except that any employer or person who violates 
subsection (b) or (c) of Section 10 is subject to a civil 
penalty not to exceed $5,000 for each violation for each 
employee affected.  In determining the amount of the penalty, 
the
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.

(Source: P.A. 96-467, eff. 8-14-09.)