Illinois General Assembly - Full Text of HB3619
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Full Text of HB3619  99th General Assembly




HB3619 EnrolledLRB099 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
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



HB3619 Enrolled- 2 -LRB099 10407 JLS 30634 b

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) Employers Any employer who violate violates any
20provision of this Act or any rule adopted under the Act are is
21subject to a civil penalty for each employee affected as
23        (1) An employer with fewer than 4 employees: first
24    offense, a fine not to exceed $500; second offense, a fine
25    not to exceed $2,500; third or subsequent offense, a fine
26    not to exceed $5,000.



HB3619 Enrolled- 3 -LRB099 10407 JLS 30634 b

1        (2) An employer with 4 or more employees: first
2    offense, a fine not to exceed $2,500; second offense, a
3    fine not to exceed $3,000; third or subsequent offense, a
4    fine not to exceed $5,000.
5    An not to exceed $2,500 for each violation for each
6employee affected, except that any employer or person who
7violates subsection (b) or (c) of Section 10 is subject to a
8civil penalty not to exceed $5,000 for each violation for each
9employee affected.
10    (d) In determining the amount of the penalty, the
11appropriateness of the penalty to the size of the business of
12the employer charged and the gravity of the violation shall be
13considered. The penalty may be recovered in a civil action
14brought by the Director in any circuit court.
15(Source: P.A. 96-467, eff. 8-14-09; 97-512, eff. 1-1-12.)