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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2576
Introduced 2/4/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED:
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820 ILCS 115/14 |
from Ch. 48, par. 39m-14 |
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Amends the Illinois Wage Payment and Collection Act. Provides that an employee has a right to bring a civil action within 90 days of a violation of the provisions prohibiting discrimination or discharge in retaliation for filing a complaint against an employer for a violation that results in the discharge of the employee or a reduction of his or her wages and may recover 3 times the amount of the employee's loss or reduction in wages, attorneys fees, and court costs.
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A BILL FOR
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SB2576 |
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LRB093 20534 AMC 46341 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Wage Payment and Collection Act is |
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| amended by changing Section 14 as follows:
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| (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
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| Sec. 14. (a) Any employer or any agent of an employer, who, |
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| being able to pay wages,
final compensation, or wage |
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| supplements and being under a duty to pay,
wilfully refuses to |
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| pay as provided in this Act, or falsely denies the
amount or |
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| validity thereof or that the same is due, with intent to secure
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| for himself or other person any underpayment of such |
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| indebtedness or with
intent to annoy, harass, oppress, hinder, |
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| delay or defraud the person to
whom such indebtedness is due, |
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| upon conviction, is guilty of a Class C
misdemeanor. Each day |
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| during which any violation of this Act continues
shall |
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| constitute a separate and distinct offense.
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| (b) Any employer who has been ordered by the Director of |
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| Labor or the court
to pay wages due an employee and who shall |
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| fail to do so within 15 days
after such order is entered shall |
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| be liable to pay a penalty of 1% per
calendar day to the |
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| employee for each day of delay in paying such wages to
the |
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| employee up to an amount equal to twice the sum of unpaid wages |
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| due the
employee.
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| (c) Any employer, or any agent of an employer, who |
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| knowingly discharges
or in any other manner knowingly |
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| discriminates against any employee because
that employee
has |
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| made a complaint to his employer, or to the Director of Labor |
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| or his
authorized representative, that he or she has not been |
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| paid in accordance
with the provisions of this Act, or because |
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| that employee has caused to
be instituted any proceeding under |
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| or related to this Act, or because that
employee has testified |