Public Act 098-0527
 
SB1568 EnrolledLRB098 07682 JLS 37755 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

 
    Section 5. 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.

        (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. 

    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. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)

 



    (820 ILCS 115/14)  (from Ch. 48, par. 39m-14)


    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

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

shall constitute a separate and distinct offense.

    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.

    (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.

    (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

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. 

(Source: P.A. 95-209, eff. 8-16-07; 96-1407, eff. 1-1-11.)