Illinois General Assembly - Bill Status for SB1856

Deletes everything. Amends the Minimum Wage Law. Provides that if the Department of Labor determines that an employee has been paid less than the wage to which he or she is entitled under the Act, the Director of Labor may issue an administrative determination setting out the amount of the underpayment together with any penalty or punitive damages authorized under Act, which shall be deemed prima facie correct and shall be prima facie evidence of the correctness of the Department's computation of the underpayment. Contains provisions concerning evidence, proof, filing of protests, hearings, notice, final administrative decisions, and administrative review of final administrative decisions. Provides that the complaint of the Director of Labor on behalf an employee for whom it makes an assignment of a wage claim in trust shall be accompanied by a certified copy of the Department's final administrative decision or, if no administrative hearing was sought, a certified copy of the Department's administrative determination, and provides for contents of the complaint. Amends the Wage Payment and Collection Act. Provides that in cases involving less than $10,000, exclusive of penalties or interest, where the Department of Labor is unable to equitably adjust a wage claim controversy, the Department shall issue an administrative determination adjudicating the wage claim dispute according to its best information and judgment. Provides if that a party aggrieved by the Department's administrative determination files a protest within 60 days after issuance of administrative determination and requests a hearing, the Department shall hold a hearing and issue a final administrative decision. Provides for proof, notice, and other matters. Makes various changes and additions regarding assignments of wage claims and prosecution of actions for the collection of wages for persons financially unable to prosecute those claims. Provides for review of final administrative decisions of the Department. Provides that an employer who has been ordered by the Director of Labor or the court to pay wages due an employee and fails to do so within 15 days after the order is entered shall pay to the Department of Labor a penalty equal to 20% of the amount due from the employer (in addition to other penalties). In both Acts, creates a Special Administrative Account into which the penalty shall be deposited, with amounts over $100,000 at the end of each calendar quarter being transferred to the General Revenue Fund and other amounts being expended for investigations of employers and payment of private collection agencies making collections under the Act. Makes other changes.

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