Labor Committee
Filed: 3/11/2009
 
 

 




 

 		












09600HB3634ham002

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AMENDMENT TO HOUSE BILL 3634




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    AMENDMENT NO. ______. Amend House Bill 3634, AS AMENDED, in 
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Section 5, by replacing the introductory clause and  Secs. 20 
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and  30   with the following: 

 
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    "Section 5. The Equal Pay Act of 2003 is amended  by 
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changing Sections 15, 20, 30, and 35 as follows:
 



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    (820 ILCS 112/15)



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    Sec. 15. Enforcement. 
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    (a) The Director or his or her authorized
representative 
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shall
administer and enforce the provisions of this Act. The 
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Director of Labor shall
adopt rules
necessary to administer and 
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enforce this Act.

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    (b)  An employee or former employee may file a complaint 
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with the
Department alleging a violation of this Act by 
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submitting a signed, completed complaint form.  All complaints 
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shall be filed with the Department within one year from the 
 


 






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date of the underpayment. 
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    (c) The Department has the power to conduct investigations 
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in
connection with
the administration and enforcement of this 
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Act and the authorized officers and
employees of the
Department 
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are authorized to investigate and gather data regarding the 
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wages,
hours, and other
conditions and practices of employment 
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in any industry subject to this Act, and
may enter and
inspect 
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such places and such records at reasonable times during regular

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business hours, question
the employees and investigate the 
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facts, conditions, practices, or matters as
he or she may deem

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necessary or appropriate to determine whether any person has 
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violated any
provision of this Act, or which may aid in the 
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enforcement of this Act.

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(Source: P.A. 93-6, eff. 1-1-04.)

 



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    (820 ILCS 112/20)


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    Sec. 20. Recordkeeping requirements. An employer subject 
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to any
provision of this
Act shall make and preserve records 
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that document the name, address, and
occupation of each

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employee, the wages paid to each employee, and any other

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information
the Director
may by rule deem necessary and 
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appropriate for enforcement of this Act.
An employer
subject to 
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any provision of this Act shall preserve those records for a 
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period
of not less than 5
3 years and shall
make reports from 
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the records as prescribed by rule or order of the
Director, 
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unless the records relate to an ongoing investigation or 
 


 






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enforcement action under this Act, in which case the records 
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must be maintained until their destruction is authorized by the 
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Department or by court order.

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(Source: P.A. 93-6, eff. 1-1-04.)


 



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    (820 ILCS 112/30)



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    Sec. 30. Violations; fines and penalties. 

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    (a) If an employee is paid by his or her employer less than 
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the wage to
which he or
she is entitled in
violation of Section 
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10 of this Act, the employee may recover in a civil action
the 
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entire amount of any
underpayment together with interest and 
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the costs and reasonable attorney's
fees as may be
allowed by 
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the
court and as necessary to make the employee whole.  At the 
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request of the
employee or on a motion of the Director,
the 
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Department may
make an assignment of the wage claim in trust 
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for the assigning employee and
may bring any
legal action 
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necessary to collect the claim, and the employer shall be 
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required
to pay the costs
incurred in collecting the claim.  
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Every such action shall be brought within 5 3
years from the 
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date
the employee learned of the underpayment. For purposes of 
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this Act, "date of the underpayment" means each time wages are 
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underpaid.

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    (b) The Director is authorized to supervise the payment of 
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the unpaid wages
owing to any
employee or employees under this 
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Act and may bring any legal action necessary
to recover the

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amount of unpaid wages and penalties and the employer shall be 
 


 






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required to pay
the costs.  Any
sums recovered by the Director 
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on behalf of an employee under this
Section shall be
paid to 
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the employee or employees affected.

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    (c) Any employer who violates any provision of this Act or 
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any rule
adopted under the Act is subject to a civil penalty 
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not to exceed $2,500
for each violation for
each employee 
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affected.  In determining the amount of the penalty, the

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appropriateness of the
penalty to the size of the business of 
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the employer charged and the gravity of
the violation shall
be 
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considered. The penalty may be recovered in a civil action 
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brought by the
Director in
any circuit court.

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(Source: P.A. 93-6, eff. 1-1-04.)".