SB3180 EnrolledLRB103 39000 SPS 69137 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The One Day Rest In Seven Act is amended by 
5changing Section 7 and by adding Section 5.5 as follows:
 
6    (820 ILCS 140/5.5 new)
7    Sec. 5.5. Retaliation prohibited. An employer, or agent or 
8officer of an employer, violates this Act if he or she 
9discharges, takes an adverse action against, or in any other 
10manner discriminates against any employee because that 
11employee has:
12        (1) exercised a right under this Act;
13        (2) made a complaint to his or her employer or to the 
14    Director or the Director's authorized representative;
15        (3) caused to be instituted or is about to cause to be 
16    instituted any proceeding under or related to this Act; or
17        (4)testified or is about to testify in an 
18    investigation or proceeding under this Act.
 
19    (820 ILCS 140/7)  (from Ch. 48, par. 8g)
20    Sec. 7. Civil offense. 
21    (a) Any employer who violates Sections 2, 3, or 3.1 shall 
22be guilty of a civil offense, and shall be subject to a civil 
 
 
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1penalty as follows:
2        (1) For an employer with fewer than 25 employees, a 
3    penalty not to exceed $250 per offense, payable to the 
4    Department of Labor, and damages of up to $250 per 
5    offense, payable to the employee or employees affected.
6        (2) For an employer with 25 or more employees, a 
7    penalty not to exceed $500 per offense, payable to the 
8    Department of Labor, and damages of up to $500 per 
9    offense, payable to the employee or employees affected.
10    (b) An offense under this Act shall be determined on an 
11individual basis for each employee whose rights are violated.
12        (1) Each week that an employee is found to not have 
13    been allowed 24 consecutive hours of rest as required in 
14    Section 2 shall constitute a separate offense.
15        (2) Each day that an employee is found not to have been 
16    provided a meal period as required in Section 3 shall 
17    constitute a separate offense.
18        (3) A violation of Section 8.5 shall constitute a 
19    single offense, and is subject to a civil penalty not to 
20    exceed $250 payable to the Department of Labor.
21        (4) An employee who has been unlawfully retaliated 
22    against in violation of Section 5.5 shall be entitled to 
23    recover, through a claim filed with the Department, all 
24    legal and equitable relief as may be appropriate.
25    (c) The Director of Labor shall enforce this Act in 
26accordance with the Illinois Administrative Procedure Act. The 
 
 
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1Director of Labor shall have the powers and the parties shall 
2have the rights provided in the Illinois Administrative 
3Procedure Act for contested cases, including, but not limited 
4to, provisions for depositions, subpoena power and procedures, 
5and discovery and protective order procedures.
6    (d) Penalties and fees under this Section may be assessed 
7by the Department and recovered in a civil action brought by 
8the Department in any circuit court or in any administrative 
9adjudicative proceeding under this Act. In any such civil 
10action under this Act, the Department shall be represented by 
11the Attorney General. Any funds collected by the Department of 
12Labor under this Act shall be deposited into the Child Labor 
13and Day and Temporary Labor Services Enforcement Fund.
14(Source: P.A. 102-828, eff. 1-1-23.)
 
15    Section 99. Effective date. This Act takes effect upon 
16becoming law.