Full Text of SB1568 98th General Assembly
SB1568ham001 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/7/2013
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| 1 | | AMENDMENT TO SENATE BILL 1568
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1568 on page 1 by | 3 | | replacing line 4 with the following:
| 4 | | "Section 5. Findings and Purposes. | 5 | | (a) The General Assembly finds the following:
| 6 | | (1) The intent of the Illinois General Assembly in | 7 | | enacting the Minimum Wage Law and the Illinois Wage Payment | 8 | | and Collection Act was to provide a statutory basis for a | 9 | | claim of retaliatory discharge.
| 10 | | (2) In Trochuck v. Patterson, 851 F.Supp.2d 1147, the | 11 | | United States District Court for the Southern District of | 12 | | Illinois held that the Minimum Wage Law and the Illinois | 13 | | Wage Payment and Collection Act cannot form the basis for a | 14 | | legally viable common law retaliatory discharge claim.
| 15 | | (b) The purposes of this Act are as follows:
| 16 | | (1) To clearly state that the holding in Trochuck v. | 17 | | Patterson as stated above is not the intent of the Illinois |
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| 1 | | General Assembly.
| 2 | | (2) To provide a basis for a claim of retaliatory | 3 | | discharge under the Minimum Wage Law and the Illinois Wage | 4 | | Payment and Collection Act.
| 5 | | Section 10. The Minimum Wage Law is amended by changing | 6 | | Section 11 as follows:
| 7 | | (820 ILCS 105/11) (from Ch. 48, par. 1011)
| 8 | | Sec. 11. Violations and enforcement. | 9 | | (a) Any employer or his agent, or the officer or agent of | 10 | | any private
employer who:
| 11 | | (1) Hinders or delays the Director or his authorized | 12 | | representative in
the performance of his duties in the | 13 | | enforcement of this Act; or
| 14 | | (2) Refuses to admit the Director or his authorized | 15 | | representative to
any place of employment; or
| 16 | | (3) Fails to keep the records required under this Act | 17 | | or to furnish such
records required or any information to | 18 | | be furnished under this Act to the
Director or his | 19 | | authorized representative upon request; or
| 20 | | (4) Fails to make and preserve any records as required | 21 | | hereunder; or
| 22 | | (5) Falsifies any such record; or
| 23 | | (6) Refuses to make such records available to the | 24 | | Director or his
authorized representative; or
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| 1 | | (7) Refuses to furnish a sworn statement of such | 2 | | records or any other
information required for the proper | 3 | | enforcement of this Act; or
| 4 | | (8) Fails to post a summary of this Act or a copy of | 5 | | any applicable
regulation as required by Section 9 of this | 6 | | Act; shall be guilty of a
Class B misdemeanor; and each day | 7 | | of such failure to keep the records required under
this Act | 8 | | or to furnish such records or information to the Director | 9 | | or his
authorized representative or to fail to post | 10 | | information as required herein
constitutes a separate | 11 | | offense.
| 12 | | (b) Any employer or his agent, or the officer or agent of | 13 | | any private
employer, who pays or agrees to pay to any employee | 14 | | wages at a rate less
than the rate applicable under this Act or | 15 | | of any regulation issued under
this Act is guilty of a Class B | 16 | | misdemeanor, and each week on any day of
which such employee is | 17 | | paid less than the wage rate applicable under this
Act | 18 | | constitutes a separate offense.
| 19 | | (c) It is unlawful for any employer or his or her agent, or | 20 | | the officer or agent of any private employer, to interfere | 21 | | with, restrain, or coerce an employee in any manner whatsoever | 22 | | in the exercise of the rights or remedies granted to him or her | 23 | | by this Act or to discriminate, attempt to discriminate, or | 24 | | threaten to discriminate against an employee in any way because | 25 | | of his or her exercise of the rights or remedies granted to him | 26 | | or her by this Act. |
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| 1 | | Any employer or his agent, or the officer or agent of any | 2 | | private
employer, who discharges or in any other manner | 3 | | discriminates against any
employee because that employee has | 4 | | made a complaint to his employer, or to
the Director or his | 5 | | authorized representative, that he has not been paid
wages in | 6 | | accordance with the provisions of this Act, or because that
| 7 | | employee has caused to be instituted or is about to cause to be | 8 | | instituted
any proceeding under or related to this Act, or | 9 | | because that employee has
testified or is about to testify in | 10 | | an investigation or proceeding under
this Act, is guilty of a | 11 | | Class B misdemeanor.
| 12 | | (d) It is the duty of the Department of Labor to inquire | 13 | | diligently for
any violations of this Act, and to institute the | 14 | | action for penalties
herein provided, and to enforce generally | 15 | | the provisions of this Act.
| 16 | | (Source: P.A. 86-799.)
| 17 | | Section 15. The Illinois Wage Payment and Collection Act | 18 | | is"; and | 19 | | on page 6 by replacing line 24 with the following: | 20 | | "(c) It is be unlawful for any employer or any agent of an | 21 | | employer to interfere with, restrain, or coerce an employee in | 22 | | any manner whatsoever in the exercise of the rights or remedies | 23 | | granted to him or her by this Act or to discriminate, attempt | 24 | | to discriminate, or threaten to discriminate against an |
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| 1 | | employee in any way because of his or her exercise of the | 2 | | rights or remedies granted to him or her by this Act. | 3 | | Any employer, or any agent of an employer, who"; and | 4 | | on page 7 by inserting immediately below line 14 the following:
| 5 | | "Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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