102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1226

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 112/15

    Amends the Equal Pay Act of 2003. Makes a technical change in a Section concerning enforcement.


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A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Equal Pay Act of 2003 is amended by changing
5Section 15 as follows:
 
6    (820 ILCS 112/15)
7    Sec. 15. Enforcement.
8    (a) The The Director or his or her authorized
9representative shall administer and enforce the provisions of
10this Act. The Director of Labor shall adopt rules necessary to
11administer and enforce this Act.
12    (b) An employee or former employee may file a complaint
13with the Department alleging a violation of this Act by
14submitting a signed, completed complaint form. All complaints
15shall be filed with the Department within one year from the
16date of the underpayment.
17    (c) The Department has the power to conduct investigations
18in connection with the administration and enforcement of this
19Act and the authorized officers and employees of the
20Department are authorized to investigate and gather data
21regarding the wages, hours, and other conditions and practices
22of employment in any industry subject to this Act, and may
23enter and inspect such places and such records at reasonable

 

 

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1times during regular business hours, question the employees
2and investigate the facts, conditions, practices, or matters
3as he or she may deem necessary or appropriate to determine
4whether any person has violated any provision of this Act, or
5which may aid in the enforcement of this Act.
6    (d) The Department may refer a complaint alleging a
7violation of this Act to the Department of Human Rights for
8investigation if the subject matter of the complaint also
9alleges a violation of the Illinois Human Rights Act and the
10Department of Human Rights has jurisdiction over the matter.
11When a complaint is referred to the Department of Human Rights
12under this subsection, the Department of Human Rights shall
13also file the complaint under the Illinois Human Rights Act
14and be the agency responsible for investigating the complaint.
15The Department shall review the Department of Human Rights'
16investigation and findings to determine whether a violation of
17this Act has occurred or whether further investigation by the
18Department is necessary and take any necessary or appropriate
19action required to enforce the provisions of this Act. The
20Director of Labor and the Department of Human Rights shall
21adopt joint rules necessary to administer and enforce this
22subsection.
23(Source: P.A. 98-1051, eff. 1-1-15.)