Labor Committee
Filed: 3/11/2009
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| 1 | AMENDMENT TO HOUSE BILL 3634
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| 2 | AMENDMENT NO. ______. Amend House Bill 3634 on page 1, line | ||||||
| 3 | 5 by changing "20 and 30" to "20, 30, and 35"; and
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| 4 | on page 2, by inserting after line 25 the following:
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| 5 | "(820 ILCS 112/35)
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| 6 | Sec. 35.
Refusal to pay wages or final compensation; | ||||||
| 7 | retaliatory
discharge or
discrimination.
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| 8 | (a) Any employer who has been demanded ordered by the | ||||||
| 9 | Director of Labor or ordered by the court
to pay wages
due an | ||||||
| 10 | employee and who fails to do so within 15 days after such | ||||||
| 11 | demand or the order is
entered shall be is
liable to pay a | ||||||
| 12 | penalty of 1% per calendar day to the employee for each day of
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| 13 | delay in paying such
the wages to the employee, up to an amount | ||||||
| 14 | equal to twice the sum of unpaid
wages due the
employee.
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| 15 | (b) Any employer, or any agent of an employer, who | ||||||
| 16 | knowingly discharges or
in any other manner knowingly | ||||||
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| 1 | discriminates against any employee because that
employee has | ||||||
| 2 | made a complaint to his or her employer, or to the Director or | ||||||
| 3 | his
or her authorized
representative, that he or she or any | ||||||
| 4 | employee of the employer has not been
paid in accordance
with | ||||||
| 5 | the provisions of this Act, or because that employee has | ||||||
| 6 | instituted or
caused to be instituted
any proceeding under or | ||||||
| 7 | related to this Act or consulted counsel for such
purposes, or | ||||||
| 8 | because that employee has
testified or is about to
testify in | ||||||
| 9 | an investigation or proceeding under this Act, or offers any
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| 10 | evidence of any violation of
this Act, shall be liable to the
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| 11 | employee for such legal and equitable relief as may be | ||||||
| 12 | appropriate to
effectuate the purposes of this
Section, the | ||||||
| 13 | value of any lost benefits, backpay, and front pay as | ||||||
| 14 | appropriate
so long as the
employee has made reasonable efforts | ||||||
| 15 | to mitigate his or her damages and an
additional equal
amount | ||||||
| 16 | as liquidated damages.
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| 17 | (Source: P.A. 93-6, eff. 1-1-04.)
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| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.".
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