96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3932


 
Introduced 2/26/2009, by Rep. Karen May
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 115/11
  from Ch. 48, par. 39m-11







    Amends the Illinois Wage Payment and Collection Act. Provides that an employee who prosecutes his or her own claim for wages and prevails in an action in court against an employer shall also be awarded reasonable attorney's fees.
















LRB096 08502 WGH 18622 b

















 


 


A BILL FOR









 











HB3932

LRB096 08502 WGH 18622 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 11 as follows:
 



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    (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)



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    Sec. 11. It shall be the duty of the Department of Labor to 
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inquire diligently
for any violations of this Act, and to 
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institute the actions for penalties
herein provided, and to 
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enforce generally the provisions of this Act.

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    An employee may file a complaint with the Department 
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alleging violations of the Act by submitting a signed, 
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completed wage claim application on the form provided by the 
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Department and by submitting copies of all supporting 
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documentation.  Complaints shall be filed within one year after 
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the wages, final compensation, or wage supplements were due.
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    Applications shall be reviewed by the Department to 
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determine whether there is cause for investigation.

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    The Department shall have the following powers:

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        (a) To investigate and attempt equitably to adjust 
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    controversies between
employees and employers in respect 
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    of wage claims arising under this Act
and to that end the 
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    Department through the Director of Labor or any other

 


 






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    person in the Department of Labor designated by him or her, 
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    shall have the
power to administer oaths, subpoena and 
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    examine witnesses, to issue subpoenas
duces tecum 
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    requiring the production of such books, papers, records and

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    documents as may be evidence of any matter under inquiry 
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    and to examine and
inspect the same as may relate to the 
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    question in dispute.  Service of such
subpoenas shall be 
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    made by any sheriff or any person.  Any
court in this State, 
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    upon the application of the Department
may compel 
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    attendance of witnesses, the
production of books and 
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    papers, and the giving of testimony before the
Department 
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    by attachment for contempt or in any other way as the 
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    production
of evidence may be compelled before such court.

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        (b) To take assignments of wage claims in the name of 
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    the Director of
Labor and his or her successors in office 
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    and prosecute actions for the
collection of wages for 
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    persons financially unable to prosecute such claims when in

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    the judgment of the Department such claims are valid and 
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    enforceable in the
courts.  No court costs or any fees for 
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    necessary process and
proceedings shall be payable in 
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    advance by the Department for prosecuting
such actions.  In 
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    the event there is a judgment rendered against the

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    defendant, the court shall assess as part of such judgment 
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    the costs of
such proceeding.  Upon collection of such 
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    judgments the Department shall pay
from the proceeds of 
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    such judgment such costs to such person who is by law

 


 






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    entitled to same.  The Department may join in a single 
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    proceeding any number
of wage claims against the same 
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    employer but the court shall have
discretionary power to 
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    order a severance or separate trial for hearings.

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        (c) To make complaint in any court of competent 
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    jurisdiction of
violations of this Act.

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    Nothing herein shall be construed to prevent any employee 
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from making
complaint or prosecuting his or her own claim for 
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wages, and an employee who prevails in such an action in court 
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against an employer shall also be awarded reasonable attorney's 
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fees. 

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    Nothing herein shall be construed to limit the authority of 
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the State's
attorney of any county to prosecute actions for 
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violation of this Act or
to enforce the provisions thereof 
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independently and without specific direction
of the Department 
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of Labor.

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(Source: P.A. 95-209, eff. 8-16-07.)