Full Text of HB3619 99th General Assembly
HB3619 99TH GENERAL ASSEMBLY |
| | 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.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3619 | | LRB099 10407 JLS 30634 b |
|
| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Equal Pay Act of 2003 is amended by changing | 5 | | Sections 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 | 11 | | employer.
| 12 | | "Employer" means an individual, partnership, corporation, | 13 | | association,
business, trust, person, or entity for whom 4 or | 14 | | more employees are gainfully
employed in Illinois and includes | 15 | | the State of Illinois, any state officer,
department, or | 16 | | agency, 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 | 21 | | the wage to
which he or
she is entitled in
violation of Section | 22 | | 10 of this Act, the employee may recover in a civil action
the |
| | | HB3619 | - 2 - | LRB099 10407 JLS 30634 b |
|
| 1 | | entire amount of any
underpayment together with interest and | 2 | | the costs and reasonable attorney's
fees as may be
allowed by | 3 | | the
court and as necessary to make the employee whole. At the | 4 | | request of the
employee or on a motion of the Director,
the | 5 | | Department may
make an assignment of the wage claim in trust | 6 | | for the assigning employee and
may bring any
legal action | 7 | | necessary to collect the claim, and the employer shall be | 8 | | required
to pay the costs
incurred in collecting the claim. | 9 | | Every such action shall be brought within 5
years from the date
| 10 | | of the underpayment. For purposes of this Act, "date of the | 11 | | underpayment" means each time wages are underpaid.
| 12 | | (b) The Director is authorized to supervise the payment of | 13 | | the unpaid wages
owing to any
employee or employees under this | 14 | | Act and may bring any legal action necessary
to recover the
| 15 | | amount of unpaid wages and penalties and the employer shall be | 16 | | required to pay
the costs. Any
sums recovered by the Director | 17 | | on behalf of an employee under this
Section shall be
paid to | 18 | | the employee or employees affected.
| 19 | | (c) Any employer who violates any provision of this Act or | 20 | | any rule
adopted under the Act is subject to a civil penalty | 21 | | not to exceed $2,500
for each violation for
each employee | 22 | | affected, except that any employer or person who violates | 23 | | subsection (b) or (c) of Section 10 is subject to a civil | 24 | | penalty not to exceed $5,000 for each violation for each | 25 | | employee affected. In determining the amount of the penalty, | 26 | | the
appropriateness of the
penalty to the size of the business |
| | | HB3619 | - 3 - | LRB099 10407 JLS 30634 b |
|
| 1 | | of the employer charged and the gravity of
the violation shall
| 2 | | be considered. The penalty may be recovered in a civil action | 3 | | brought by the
Director in
any circuit court.
| 4 | | (Source: P.A. 96-467, eff. 8-14-09; 97-512, eff. 1-1-12.)
|
|