94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2339

 

Introduced 1/12/2006, by Sen. Miguel del Valle

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 105/12   from Ch. 48, par. 1012

    Amends provisions of the Minimum Wage Law establishing an employer's liability for punitive damages in the case of underpayment of wages by stating that "the employee may recover such punitive damages in any proceeding or action allowed by any provision of this subsection, including, but not limited to, a civil action filed directly by the employee, and, subject to the limitations period set forth herein, the employee's remedy of recovering punitive damages in any proceeding or action allowed by any provision of this subsection shall be available in and applicable to all claims and causes of action under this subsection, whenever arising, including, without limitation, presently existing claims and actions for which a final and no-longer appealable order has not yet been entered". Effective immediately.


LRB094 16364 WGH 51615 b

 

 

A BILL FOR

 

SB2339 LRB094 16364 WGH 51615 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Minimum Wage Law is amended by changing
5 Section 12 as follows:
 
6     (820 ILCS 105/12)  (from Ch. 48, par. 1012)
7     Sec. 12. (a) If any employee is paid by his employer less
8 than the wage to which he is entitled under the provisions of
9 this Act, the employee may recover in a civil action the amount
10 of any such underpayments together with costs and such
11 reasonable attorney's fees as may be allowed by the Court, and
12 any agreement between him and his employer to work for less
13 than such wage is no defense to such action. At the request of
14 the employee or on motion of the Director of Labor, the
15 Department of Labor may make an assignment of such wage claim
16 in trust for the assigning employee and may bring any legal
17 action necessary to collect such claim, and the employer shall
18 be required to pay the costs incurred in collecting such claim.
19 Every such action shall be brought within 3 years from the date
20 of the underpayment. Such employer shall be liable to the
21 Department of Labor for 20% of the total employer's
22 underpayment and shall be additionally liable to the employee
23 for punitive damages in the amount of 2% of the amount of any
24 such underpayments for each month following the date of payment
25 during which such underpayments remain unpaid, and the employee
26 may recover such punitive damages in any proceeding or action
27 allowed by any provision of this subsection, including, but not
28 limited to, a civil action filed directly by the employee, and,
29 subject to the limitations period set forth herein, the
30 employee's remedy of recovering punitive damages in any
31 proceeding or action allowed by any provision of this
32 subsection shall be available in and applicable to all claims

 

 

SB2339 - 2 - LRB094 16364 WGH 51615 b

1 and causes of action under this subsection, whenever arising,
2 including, without limitation, presently existing claims and
3 actions for which a final and no-longer appealable order has
4 not yet been entered. The Director may promulgate rules for the
5 collection of these penalties. The amount of a penalty may be
6 determined, and the penalty may be assessed, through an
7 administrative hearing. The penalty may be recovered in a civil
8 action brought by the Director of Labor in any circuit court.
9 The penalty shall be imposed in cases in which an employer's
10 conduct is proven by a preponderance of the evidence to be
11 willful. In any such action, the Director of Labor shall be
12 represented by the Attorney General.
13     (b) The Director is authorized to supervise the payment of
14 the unpaid minimum wages and the unpaid overtime compensation
15 owing to any employee or employees under Sections 4 and 4a of
16 this Act and may bring any legal action necessary to recover
17 the amount of the unpaid minimum wages and unpaid overtime
18 compensation and an equal additional amount as punitive
19 damages, and the employer shall be required to pay the costs.
20 The action shall be brought within 5 years from the date of the
21 failure to pay the wages or compensation. Any sums thus
22 recovered by the Director on behalf of an employee pursuant to
23 this subsection shall be paid to the employee or employees
24 affected. Any sums which, more than one year after being thus
25 recovered, the Director is unable to pay to an employee shall
26 be deposited into the General Revenue Fund.
27 (Source: P.A. 92-392, eff. 1-1-02.)
 
28     Section 99. Effective date. This Act takes effect upon
29 becoming law.