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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1941
Introduced 2/23/2007, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED:
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820 ILCS 112/20 |
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820 ILCS 112/30 |
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Amends the Equal Pay Act of 2003. Provides that an employer
subject to the Act shall preserve specified records for not less than 5
(rather than 3) years. Provides that an action to collect a wage claim under the Act shall be brought within 5
years from the date
of the underpayment (rather than within 3
years from the date
the employee learned of the underpayment). Effective immediately.
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A BILL FOR
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HB1941 |
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LRB095 09398 WGH 29594 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 Equal Pay Act of 2003 is amended by changing |
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| Sections 20 and 30 as follows:
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| (820 ILCS 112/20)
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| Sec. 20. Recordkeeping requirements. An employer subject |
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| to any
provision of this
Act shall make and preserve records |
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| that document the name, address, and
occupation of each
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| employee, the wages paid to each employee, and any other
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| information
the Director
may by rule deem necessary and |
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| appropriate for enforcement of this Act.
An employer
subject to |
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| any provision of this Act shall preserve those records for a |
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| period
of not less than 5
3 years and shall
make reports from |
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| the records as prescribed by rule or order of the
Director.
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| (Source: P.A. 93-6, eff. 1-1-04.)
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| (820 ILCS 112/30)
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| Sec. 30. Violations; fines and penalties.
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| (a) If an employee is paid by his or her employer less than |
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| the wage to
which he or
she is entitled in
violation of Section |
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| 10 of this Act, the employee may recover in a civil action
the |
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| entire amount of any
underpayment together with interest and |
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HB1941 |
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LRB095 09398 WGH 29594 b |
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| the costs and reasonable attorney's
fees as may be
allowed by |
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| the
court and as necessary to make the employee whole. At the |
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| request of the
employee or on a motion of the Director,
the |
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| Department may
make an assignment of the wage claim in trust |
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| for the assigning employee and
may bring any
legal action |
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| necessary to collect the claim, and the employer shall be |
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| required
to pay the costs
incurred in collecting the claim. |
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| Every such action shall be brought within 5
3
years from the |
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| date
the employee learned of the underpayment.
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| (b) The Director is authorized to supervise the payment of |
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| the unpaid wages
owing to any
employee or employees under this |
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| Act and may bring any legal action necessary
to recover the
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| amount of unpaid wages and penalties and the employer shall be |
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| required to pay
the costs. Any
sums recovered by the Director |
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| on behalf of an employee under this
Section shall be
paid to |
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| the employee or employees affected.
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| (c) Any employer who violates any provision of this Act or |
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| any rule
adopted under the Act is subject to a civil penalty |
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| not to exceed $2,500
for each violation for
each employee |
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| affected. In determining the amount of the penalty, the
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| appropriateness of the
penalty to the size of the business of |
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| the employer charged and the gravity of
the violation shall
be |
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| considered. The penalty may be recovered in a civil action |
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| brought by the
Director in
any circuit court.
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| (Source: P.A. 93-6, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon |