Labor Committee
Filed: 3/11/2009
 
 

 




 

 		












09600HB3634ham001

LRB096 03765 WGH 23526 a






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AMENDMENT TO HOUSE BILL 3634




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    AMENDMENT NO. ______. Amend House Bill 3634 on page 1, line 
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5 by changing "20 and 30" to "20, 30, and 35"; and

 

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on page 2, by inserting after line 25 the following:
 



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    "(820 ILCS 112/35)



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    Sec. 35. 
Refusal to pay wages or final compensation; 
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retaliatory
discharge or
discrimination.

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    (a) Any employer who has been demanded ordered by the 
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Director of Labor or ordered by the court
to pay wages
due an 
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employee and who fails to do so within 15 days after such 
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demand or the order is
entered shall be is
liable to pay a 
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penalty of 1% per calendar day to the employee for each day of

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delay in paying such
the wages to the employee, up to an amount 
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equal to twice the sum of unpaid
wages due the
employee.

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    (b) Any employer, or any agent of an employer, who 
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knowingly discharges or
in any other manner knowingly 
 


 






09600HB3634ham001
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discriminates against any employee because that
employee has 
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made a complaint to his or her employer, or to the Director or 
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his
or her authorized
representative, that he or she or any 
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employee of the employer has not been
paid in accordance
with 
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the provisions of this Act, or because that employee has 
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instituted or
caused to be instituted
any proceeding under or 
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related to this Act or consulted counsel for such
purposes, or 
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because that employee has
testified or is about to
testify in 
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an investigation or proceeding under this Act, or offers any

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evidence of any violation of
this Act, shall be liable to the

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employee for such legal and equitable relief as may be 
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appropriate to
effectuate the purposes of this
Section, the 
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value of any lost benefits, backpay, and front pay as 
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appropriate
so long as the
employee has made reasonable efforts 
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to mitigate his or her damages and an
additional equal
amount 
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as liquidated damages.

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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 
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becoming law.".