96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3634


 
Introduced 2/24/2009, by Rep. Barbara Flynn Currie
 
SYNOPSIS AS INTRODUCED:
 		
















820 ILCS 112/20




820 ILCS 112/30









    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).
















LRB096 03765 WGH 13795 b

















 


 


A BILL FOR









 











HB3634

LRB096 03765 WGH 13795 b






1
    AN ACT concerning employment.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Equal Pay Act of 2003 is amended  by changing 
5
Sections 20 and 30 as follows:
 



6
    (820 ILCS 112/20)



7
    Sec. 20. Recordkeeping requirements. An employer subject 
8
to any
provision of this
Act shall make and preserve records 
9
that document the name, address, and
occupation of each

10
employee, the wages paid to each employee, and any other

11
information
the Director
may by rule deem necessary and 
12
appropriate for enforcement of this Act.
An employer
subject to 
13
any provision of this Act shall preserve those records for a 
14
period
of not less than 5
3 years and shall
make reports from 
15
the records as prescribed by rule or order of the
Director.

16
(Source: P.A. 93-6, eff. 1-1-04.)

 



17
    (820 ILCS 112/30)



18
    Sec. 30. Violations; fines and penalties. 

19
    (a) If an employee is paid by his or her employer less than 
20
the wage to
which he or
she is entitled in
violation of Section 
21
10 of this Act, the employee may recover in a civil action
the 
22
entire amount of any
underpayment together with interest and 
 


 






HB3634
- 2 -
LRB096 03765 WGH 13795 b




1
the costs and reasonable attorney's
fees as may be
allowed by 
2
the
court and as necessary to make the employee whole.  At the 
3
request of the
employee or on a motion of the Director,
the 
4
Department may
make an assignment of the wage claim in trust 
5
for the assigning employee and
may bring any
legal action 
6
necessary to collect the claim, and the employer shall be 
7
required
to pay the costs
incurred in collecting the claim.  
8
Every such action shall be brought within 5 3
years from the 
9
date
the employee learned of the underpayment.

10
    (b) The Director is authorized to supervise the payment of 
11
the unpaid wages
owing to any
employee or employees under this 
12
Act and may bring any legal action necessary
to recover the

13
amount of unpaid wages and penalties and the employer shall be 
14
required to pay
the costs.  Any
sums recovered by the Director 
15
on behalf of an employee under this
Section shall be
paid to 
16
the employee or employees affected.

17
    (c) Any employer who violates any provision of this Act or 
18
any rule
adopted under the Act is subject to a civil penalty 
19
not to exceed $2,500
for each violation for
each employee 
20
affected.  In determining the amount of the penalty, the

21
appropriateness of the
penalty to the size of the business of 
22
the employer charged and the gravity of
the violation shall
be 
23
considered. The penalty may be recovered in a civil action 
24
brought by the
Director in
any circuit court.

25
(Source: P.A. 93-6, eff. 1-1-04.)