Sen. Celina Villanueva
Filed: 2/17/2022
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| 1 | AMENDMENT TO SENATE BILL 3146
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 3146, AS AMENDED, | ||||||
| 3 | with reference to page and line numbers of Senate Amendment | ||||||
| 4 | No. 1, by replacing line 16 on page 4 through line 16 on page 5 | ||||||
| 5 | with the following:
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| 6 | "(820 ILCS 140/7) (from Ch. 48, par. 8g)
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| 7 | Sec. 7. Civil offense. | ||||||
| 8 | (a) Any employer who violates Sections 2, 3, or 3.1 any of | ||||||
| 9 | the provisions of this Act, shall be
guilty of a civil petty | ||||||
| 10 | offense, and shall be subject to a civil penalty as follows: | ||||||
| 11 | fined for each offense in a sum of
not less than $25 nor more | ||||||
| 12 | than $100.
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| 13 | (1) For an employer with fewer than 25 employees, a | ||||||
| 14 | penalty not to exceed $250 per offense, payable to the | ||||||
| 15 | Department of Labor, and damages of up to $250 per | ||||||
| 16 | offense, payable to the employee or employees affected. | ||||||
| 17 | (2) For an employer with 25 or more employees, a | ||||||
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| 1 | penalty not to exceed $500 per offense, payable to the | ||||||
| 2 | Department of Labor, and damages of up to $500 per | ||||||
| 3 | offense, payable to the employee or employees affected. | ||||||
| 4 | (b) An offense under this Act shall be determined on an | ||||||
| 5 | individual basis for each employee whose rights are violated. | ||||||
| 6 | (1) Each week that an employee is found to not have | ||||||
| 7 | been allowed 24 consecutive hours of rest as required in | ||||||
| 8 | Section 2 shall constitute a separate offense. | ||||||
| 9 | (2) Each day that an employee is found not to have been | ||||||
| 10 | provided a meal period as required in Section 3 shall | ||||||
| 11 | constitute a separate offense. | ||||||
| 12 | (3) A violation of Section 8.5 shall constitute a | ||||||
| 13 | single offense, and is subject to a civil penalty not to | ||||||
| 14 | exceed $250 payable to the Department of Labor. | ||||||
| 15 | (c) The Director of Labor shall enforce this Act in | ||||||
| 16 | accordance with the Illinois Administrative Procedure Act. The | ||||||
| 17 | Director of Labor shall have the powers and the parties shall | ||||||
| 18 | have the rights provided in the Illinois Administrative | ||||||
| 19 | Procedure Act for contested cases, including, but not limited | ||||||
| 20 | to, provisions for depositions, subpoena power and procedures, | ||||||
| 21 | and discovery and protective order procedures. | ||||||
| 22 | (d) Any funds collected by the Department of Labor under | ||||||
| 23 | this Act shall be deposited into the Child Labor and Day and | ||||||
| 24 | Temporary Labor Services Enforcement Fund. | ||||||
| 25 | (Source: P.A. 77-2418.)".
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