99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3619

 

Introduced , by Rep. Cynthia Soto

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 112/5
820 ILCS 112/30

    Amends the Equal Pay Act of 2003. Provides that the Act applies to all employers rather than only those with more than 3 employees. Increases the maximum civil penalty for all violations of the Act or a rule from $2,500 to $5,000.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3619LRB099 10407 JLS 30634 b

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
5Sections 5 and 30 as follows:
 
6    (820 ILCS 112/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Director" means the Director of Labor.
9    "Department" means the Department of Labor.
10    "Employee" means any individual permitted to work by an
11employer.
12    "Employer" means an individual, partnership, corporation,
13association, business, trust, person, or entity for whom 4 or
14more employees are gainfully employed in Illinois and includes
15the State of Illinois, any state officer, department, or
16agency, any unit of local government, and any school district.
17(Source: P.A. 93-6, eff. 1-1-04.)
 
18    (820 ILCS 112/30)
19    Sec. 30. Violations; fines and penalties.
20    (a) If an employee is paid by his or her employer less than
21the wage to which he or she is entitled in violation of Section
2210 of this Act, the employee may recover in a civil action the

 

 

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1entire amount of any underpayment together with interest and
2the costs and reasonable attorney's fees as may be allowed by
3the court and as necessary to make the employee whole. At the
4request of the employee or on a motion of the Director, the
5Department may make an assignment of the wage claim in trust
6for the assigning employee and may bring any legal action
7necessary to collect the claim, and the employer shall be
8required to pay the costs incurred in collecting the claim.
9Every such action shall be brought within 5 years from the date
10of the underpayment. For purposes of this Act, "date of the
11underpayment" means each time wages are underpaid.
12    (b) The Director is authorized to supervise the payment of
13the unpaid wages owing to any employee or employees under this
14Act and may bring any legal action necessary to recover the
15amount of unpaid wages and penalties and the employer shall be
16required to pay the costs. Any sums recovered by the Director
17on behalf of an employee under this Section shall be paid to
18the employee or employees affected.
19    (c) Any employer who violates any provision of this Act or
20any rule adopted under the Act is subject to a civil penalty
21not to exceed $2,500 for each violation for each employee
22affected, except that any employer or person who violates
23subsection (b) or (c) of Section 10 is subject to a civil
24penalty not to exceed $5,000 for each violation for each
25employee affected. In determining the amount of the penalty,
26the appropriateness of the penalty to the size of the business

 

 

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1of the employer charged and the gravity of the violation shall
2be considered. The penalty may be recovered in a civil action
3brought by the Director in any circuit court.
4(Source: P.A. 96-467, eff. 8-14-09; 97-512, eff. 1-1-12.)