Full Text of HB3634 96th General Assembly
HB3634ham002 96TH GENERAL ASSEMBLY
|
Labor Committee
Filed: 3/11/2009
|
|
09600HB3634ham002 |
|
LRB096 03765 WGH 23528 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3634
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3634, AS AMENDED, in | 3 |
| Section 5, by replacing the introductory clause and Secs. 20 | 4 |
| and 30 with the following:
| 5 |
| "Section 5. The Equal Pay Act of 2003 is amended by | 6 |
| changing Sections 15, 20, 30, and 35 as follows:
| 7 |
| (820 ILCS 112/15)
| 8 |
| Sec. 15. Enforcement. | 9 |
| (a) The Director or his or her authorized
representative | 10 |
| shall
administer and enforce the provisions of this Act. The | 11 |
| Director of Labor shall
adopt rules
necessary to administer and | 12 |
| enforce this Act.
| 13 |
| (b) An employee or former employee may file a complaint | 14 |
| with the
Department alleging a violation of this Act by | 15 |
| submitting a signed, completed complaint form. All complaints | 16 |
| shall be filed with the Department within one year from the |
|
|
|
09600HB3634ham002 |
- 2 - |
LRB096 03765 WGH 23528 a |
|
| 1 |
| date of the underpayment. | 2 |
| (c) The Department has the power to conduct investigations | 3 |
| in
connection with
the administration and enforcement of this | 4 |
| Act and the authorized officers and
employees of the
Department | 5 |
| are authorized to investigate and gather data regarding the | 6 |
| wages,
hours, and other
conditions and practices of employment | 7 |
| in any industry subject to this Act, and
may enter and
inspect | 8 |
| such places and such records at reasonable times during regular
| 9 |
| business hours, question
the employees and investigate the | 10 |
| facts, conditions, practices, or matters as
he or she may deem
| 11 |
| necessary or appropriate to determine whether any person has | 12 |
| violated any
provision of this Act, or which may aid in the | 13 |
| enforcement of this Act.
| 14 |
| (Source: P.A. 93-6, eff. 1-1-04.)
| 15 |
| (820 ILCS 112/20)
| 16 |
| Sec. 20. Recordkeeping requirements. An employer subject | 17 |
| to any
provision of this
Act shall make and preserve records | 18 |
| that document the name, address, and
occupation of each
| 19 |
| employee, the wages paid to each employee, and any other
| 20 |
| information
the Director
may by rule deem necessary and | 21 |
| appropriate for enforcement of this Act.
An employer
subject to | 22 |
| any provision of this Act shall preserve those records for a | 23 |
| period
of not less than 5
3 years and shall
make reports from | 24 |
| the records as prescribed by rule or order of the
Director , | 25 |
| unless the records relate to an ongoing investigation or |
|
|
|
09600HB3634ham002 |
- 3 - |
LRB096 03765 WGH 23528 a |
|
| 1 |
| enforcement action under this Act, in which case the records | 2 |
| must be maintained until their destruction is authorized by the | 3 |
| Department or by court order .
| 4 |
| (Source: P.A. 93-6, eff. 1-1-04.)
| 5 |
| (820 ILCS 112/30)
| 6 |
| Sec. 30. Violations; fines and penalties.
| 7 |
| (a) If an employee is paid by his or her employer less than | 8 |
| the wage to
which he or
she is entitled in
violation of Section | 9 |
| 10 of this Act, the employee may recover in a civil action
the | 10 |
| entire amount of any
underpayment together with interest and | 11 |
| the costs and reasonable attorney's
fees as may be
allowed by | 12 |
| the
court and as necessary to make the employee whole. At the | 13 |
| request of the
employee or on a motion of the Director,
the | 14 |
| Department may
make an assignment of the wage claim in trust | 15 |
| for the assigning employee and
may bring any
legal action | 16 |
| necessary to collect the claim, and the employer shall be | 17 |
| required
to pay the costs
incurred in collecting the claim. | 18 |
| Every such action shall be brought within 5 3
years from the | 19 |
| date
the employee learned of the underpayment. For purposes of | 20 |
| this Act, "date of the underpayment" means each time wages are | 21 |
| underpaid.
| 22 |
| (b) The Director is authorized to supervise the payment of | 23 |
| the unpaid wages
owing to any
employee or employees under this | 24 |
| Act and may bring any legal action necessary
to recover the
| 25 |
| amount of unpaid wages and penalties and the employer shall be |
|
|
|
09600HB3634ham002 |
- 4 - |
LRB096 03765 WGH 23528 a |
|
| 1 |
| required to pay
the costs. Any
sums recovered by the Director | 2 |
| on behalf of an employee under this
Section shall be
paid to | 3 |
| the employee or employees affected.
| 4 |
| (c) Any employer who violates any provision of this Act or | 5 |
| any rule
adopted under the Act is subject to a civil penalty | 6 |
| not to exceed $2,500
for each violation for
each employee | 7 |
| affected. In determining the amount of the penalty, the
| 8 |
| appropriateness of the
penalty to the size of the business of | 9 |
| the employer charged and the gravity of
the violation shall
be | 10 |
| considered. The penalty may be recovered in a civil action | 11 |
| brought by the
Director in
any circuit court.
| 12 |
| (Source: P.A. 93-6, eff. 1-1-04.)".
|
|