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Labor Committee
Filed: 4/14/2010
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09600SB3568ham001 |
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LRB096 20650 RLC 39788 a |
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| AMENDMENT TO SENATE BILL 3568
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| AMENDMENT NO. ______. Amend Senate Bill 3568 on page 6, |
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| line 22, by replacing "Any employer" with "In addition to the |
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| remedies provided in subsections (a), (b), and (c) of this |
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| Section, any Any employer"; and
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| by replacing lines 19 through 26 on page 7 and lines 1 through |
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| 16 on page 8 with the following: |
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| "(b) Any employer who has been demanded or ordered by the |
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| Department Director of Labor or ordered by the court
to pay |
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| wages, final compensation, or wage supplements due an employee |
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| shall be required to pay a non-waivable administrative fee of |
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| $250 to the Department of Labor. Any employer who has been so |
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| demanded or ordered by the Department or ordered by a court to |
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| pay such wages, final compensation, or wage supplements and who |
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| fails to seek timely review of such a demand or order as |
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| provided for under this Act and who fails to comply within 15 |
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| calendar days after such demand or within 35 days of an |
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09600SB3568ham001 |
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LRB096 20650 RLC 39788 a |
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| administrative or court order is entered shall also be liable |
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| to pay a penalty to the Department of Labor of 20% of the |
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| amount found owing and a penalty to the employee of 1% per |
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| calendar day of the amount found owing for each day of delay in |
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| paying such wages to the employee. All moneys recovered as fees |
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| and civil penalties under this Act, except those owing to the |
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| affected employee, shall be deposited into the Wage Theft |
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| Enforcement Fund, a special fund which is hereby created in the |
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| State treasury. Moneys in the Fund may be used only for |
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| enforcement of this Act. and who shall fail to do so within 15 |
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| days
after such demand or order is entered shall be liable to |
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| pay a penalty of 1% per
calendar day to the employee for each |
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| day of delay in paying such wages to
the employee up to an |
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| amount equal to twice the sum of unpaid wages due the
employee. |
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| Such employer shall also be liable to the Department of Labor |
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| for 20% of such unpaid wages.
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| (b-5) Penalties and fees under this Section may be assessed |
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| by the Department and recovered in a civil action brought by |
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| the Department Director in any circuit court or in any |
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| administrative adjudicative proceeding under this Act. In any |
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| such civil action or administrative adjudicative proceeding |
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| under this Act this litigation, the Department Director of |
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| Labor shall be represented by the Attorney General.".
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