Full Text of HB2343 101st General Assembly
HB2343ham001 101ST GENERAL ASSEMBLY | Rep. Jehan Gordon-Booth Filed: 3/22/2019
| | 10100HB2343ham001 | | LRB101 04970 JLS 58003 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2343
| 2 | | AMENDMENT NO. ______. Amend House Bill 2343 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Healthy Workplace Act. | 6 | | Section 5. Findings and purpose. | 7 | | (a) The General Assembly finds: | 8 | | (1) Nearly every worker in the State is likely to need | 9 | | time off to attend to his or her own illness or that of a | 10 | | family member. More than 30% of all private sector workers | 11 | | in Illinois (almost 2,000,000 people) have no right to a | 12 | | paid sick day. Over three-fourths of the lowest-wage | 13 | | workers do not receive paid sick time and cannot forfeit a | 14 | | day's work, so they often come into work sick. | 15 | | (2) Preventive and routine medical care helps avoid | 16 | | illness and injury by detecting illnesses early on and |
| | | 10100HB2343ham001 | - 2 - | LRB101 04970 JLS 58003 a |
|
| 1 | | shortening the duration of illnesses. Providing employees | 2 | | with time off to attend to their own health care needs | 3 | | ensures that they will be healthier and more efficient | 4 | | employees. It will also reduce the spread of disease within | 5 | | workplaces and to the public, such as customers, when | 6 | | employees go to work sick, a practice known as | 7 | | "presenteeism". Routine medical care results in savings by | 8 | | detecting and treating illness and injury early and | 9 | | decreasing the need for emergency care. These savings | 10 | | benefit public and private payers of health insurance. | 11 | | (3) When the school of a worker's child is closed | 12 | | because of extreme weather, it is often at the last minute | 13 | | and workers cannot find someone to babysit, so they are | 14 | | forced to stay at home to take care of their children. | 15 | | (4) Nearly one-quarter of American women report | 16 | | domestic violence and nearly one in 5 women report | 17 | | experiencing rape at some time during their lives. Many | 18 | | workers, men and women, need time off to care for their | 19 | | health after these incidents or to take legal action. | 20 | | Without paid time off, victims are in danger of losing | 21 | | their jobs. | 22 | | (5) Employed individuals who have court appointments, | 23 | | sentencing hearings, probation, conditional discharge, | 24 | | parole, or mandatory supervised release requirements, or | 25 | | are visiting a family member in jail or prison need paid | 26 | | time off work so that their families do not fall further |
| | | 10100HB2343ham001 | - 3 - | LRB101 04970 JLS 58003 a |
|
| 1 | | into economic jeopardy and so that they are not further | 2 | | penalized, as these court-related events are frequently | 3 | | scheduled during work hours. | 4 | | (6) Employers that provide paid sick time see better | 5 | | productivity, reduced flu contagion, and lower turnover, | 6 | | which saves them the costs of replacing and training | 7 | | workers. | 8 | | (b) This Act is enacted to establish the Healthy Workplace | 9 | | Act to provide at least a minimum time-off standard of paid | 10 | | sick time for all workers. | 11 | | Section 10. Definitions. As used in this Act: | 12 | | "Child" means a son or daughter who is a biological, | 13 | | adopted, or foster child, a stepchild, a legal ward, a child of | 14 | | a person standing in loco parentis, or any other individual | 15 | | whose close association with the employee is the equivalent of | 16 | | a child. | 17 | | "Construction industry" means any constructing, altering, | 18 | | reconstructing, repairing, rehabilitating, refinishing, | 19 | | refurbishing, remodeling, remediating, renovating, custom | 20 | | fabricating, maintenance, landscaping, improving, wrecking, | 21 | | painting, decorating, demolishing, or adding to or subtracting | 22 | | from any building, structure, highway, roadway, street, | 23 | | bridge, alley, sewer, ditch, sewage disposal plant, | 24 | | waterworks, parking facility, railroad, excavation or other | 25 | | structure, project, development, real property, or |
| | | 10100HB2343ham001 | - 4 - | LRB101 04970 JLS 58003 a |
|
| 1 | | improvement, or to do any part thereof, whether or not the | 2 | | performance of the work herein described involves the addition | 3 | | to or fabrication into, any structure, project, development, | 4 | | real property, or improvement herein described of any material | 5 | | or article of merchandise. | 6 | | "Construction industry" also includes moving construction | 7 | | related materials on the job site or to or from the job site, | 8 | | snow plowing, snow removal, and refuse collection. | 9 | | "Department" means the Illinois Department of Labor. | 10 | | "Employ" means to suffer or permit to work. | 11 | | "Employee" means any person who performs services for an | 12 | | employer for wage, remuneration, or other compensation. This | 13 | | includes persons working any number of hours, including a | 14 | | full-time or part-time status. | 15 | | "Employee" does not include any person who the employer | 16 | | establishes: | 17 | | (A) has been and will continue to be free from | 18 | | control and direction over the performance of their | 19 | | work, both under a contract of service and in fact; | 20 | | (B) is engaged in an independently established | 21 | | trade, occupation, profession or business; or | 22 | | (C) is deemed a legitimate sole proprietor or | 23 | | partnership. | 24 | | A sole proprietor or partnership shall be deemed to be | 25 | | legitimate if the employer establishes that: | 26 | | (1) the sole proprietor or partnership is performing |
| | | 10100HB2343ham001 | - 5 - | LRB101 04970 JLS 58003 a |
|
| 1 | | the service free from the direction or control over the | 2 | | means and manner of providing the service, subject only to | 3 | | the right of the employer for whom the service is provided | 4 | | to specify the desired result; | 5 | | (2) the sole proprietor or partnership is not subject | 6 | | to cancellation or destruction upon severance of the | 7 | | relationship with the employer; | 8 | | (3) the sole proprietor or partnership has a | 9 | | substantial investment of capital in the sole | 10 | | proprietorship or partnership beyond the ordinary tools | 11 | | and equipment and a personal vehicle; | 12 | | (4) the sole proprietor or partnership owns the capital | 13 | | goods and gains the profits and bears the losses of the | 14 | | sole proprietorship or partnership; | 15 | | (5) the sole proprietor or partnership makes its | 16 | | services available to the general public on a continuing | 17 | | basis; | 18 | | (6) the sole proprietor or partnership includes | 19 | | services rendered on a Federal Income Tax Schedule as an | 20 | | independent business or profession; | 21 | | (7) the sole proprietor or partnership performs | 22 | | services for the contractor under the sole proprietor's or | 23 | | partnership's name; | 24 | | (8) when the services being provided require a license | 25 | | or permit, the sole proprietor or partnership obtains and | 26 | | pays for the license or permit in the sole proprietorship's |
| | | 10100HB2343ham001 | - 6 - | LRB101 04970 JLS 58003 a |
|
| 1 | | or partnership's name; | 2 | | (9) the sole proprietor or partnership furnishes the | 3 | | tools and equipment necessary to provide the service; | 4 | | (10) if necessary, the sole proprietor or partnership | 5 | | hires its own employees without approval of the employer, | 6 | | pays the employees without reimbursement from the employer | 7 | | and reports the employees' income to the Internal Revenue | 8 | | Service; | 9 | | (11) the employer does not represent the sole | 10 | | proprietorship or partnership as an employee of the | 11 | | employer to the public; and | 12 | | (12) the sole proprietor or partnership has the right | 13 | | to perform similar services for others on whatever basis | 14 | | and whenever it chooses. | 15 | | Nothing in this Act shall hinder or prohibit the ability of | 16 | | any employee, including those as defined in the federal | 17 | | Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.) | 18 | | from taking uncompensated time off due to any reason for leave | 19 | | allowable for paid sick time under Section 15 of this Act. | 20 | | "Employer" means any individual; person; partnership; | 21 | | association; corporation; limited liability company; business | 22 | | trust; employment or labor placement agency or business where | 23 | | wages are made directly or indirectly by the agency or business | 24 | | for work undertaken by the employee under hire to a third party | 25 | | pursuant to a contact between the agency or business with the | 26 | | third party; the State of Illinois and local governments; or |
| | | 10100HB2343ham001 | - 7 - | LRB101 04970 JLS 58003 a |
|
| 1 | | any political subdivision of the State or local government, or | 2 | | State or local government agency; for which one or more persons | 3 | | is gainfully employed, express or implied, whether lawfully or | 4 | | unlawfully employed, who employs a worker or who employs a | 5 | | worker not excluded as an employee pursuant to the definition | 6 | | of "employee" or, notwithstanding any other law, who is the | 7 | | employer or joint employer for collective bargaining purposes | 8 | | of a bargaining unit of employees. "Employer" does not include | 9 | | school districts organized under the School Code, park | 10 | | districts organized under the Park District Code, or any City | 11 | | of Chicago Sister Agency under the Chicago Minimum Wage and | 12 | | Paid Sick Leave Ordinance as of the effective date of this Act. | 13 | | "Family member" means a child, spouse, parent, child or | 14 | | parent of an employee's spouse, sibling, grandparent, | 15 | | grandchild, or any other individual related by blood or whose | 16 | | close association with the employee is the equivalent of a | 17 | | family relationship. | 18 | | "Health care provider" means a person: | 19 | | (1) who is: | 20 | | (A) licensed to practice medicine in all of its | 21 | | branches in Illinois and possesses the degree of doctor | 22 | | of medicine; | 23 | | (B) licensed to practice medicine in all of its | 24 | | branches in Illinois and possesses the degree of doctor | 25 | | of osteopathy or osteopathic medicine; | 26 | | (C) licensed to practice medicine in all of its |
| | | 10100HB2343ham001 | - 8 - | LRB101 04970 JLS 58003 a |
|
| 1 | | branches or as an osteopathic physician in another | 2 | | state or jurisdiction; | 3 | | (D) a chiropractic physician licensed under the | 4 | | Medical Practice Act of 1987; or | 5 | | (E) any other person determined by final rule as of | 6 | | the date this Act becomes law under the Family and | 7 | | Medical Leave Act of 1993; and | 8 | | (2) who is not employed by an employer to whom the | 9 | | provider issues certifications under this Act. | 10 | | "Paid sick time" means a portion of or an entire scheduled | 11 | | or regular workday when an employee is unable to report to work | 12 | | because of a reason described in subsection (b) of Section 15. | 13 | | "Parent" means a biological, adoptive, or foster parent, a | 14 | | stepparent, a parent of a legal ward, a person who stands in | 15 | | loco parentis to an employee or an employee's spouse, or any | 16 | | other individual whose close association with the employee is | 17 | | the equivalent of a parent. | 18 | | "Spouse" means a party to a marriage or a party to a civil | 19 | | union as defined by law. | 20 | | "Victim services organization" means a nonprofit, | 21 | | nongovernmental organization that provides assistance to | 22 | | victims of domestic or sexual violence, including rape crisis | 23 | | centers, organizations carrying out a domestic violence | 24 | | program, organizations operating a shelter or providing | 25 | | counseling services, and a legal services organization or other | 26 | | organization providing assistance through the legal process. |
| | | 10100HB2343ham001 | - 9 - | LRB101 04970 JLS 58003 a |
|
| 1 | | Section 15. Provision of paid sick time. | 2 | | (a) An employee who works in Illinois who is absent from | 3 | | work for a reason set forth in subsection (b) is entitled to | 4 | | earn and use a minimum of 40 hours of paid sick time during a | 5 | | 12-month period or a pro rata number of hours of paid sick time | 6 | | under the provisions of subsection (c). The 12-month period for | 7 | | an employee shall be calculated annually from the date of hire | 8 | | or the effective date of this Act, whichever is later. | 9 | | (b) Paid sick time shall be provided to an employee by an | 10 | | employer to: | 11 | | (1) care for the employee's own physical or mental | 12 | | illness, injury, or health condition, or seek medical | 13 | | diagnosis or care, or attend a medical appointment, | 14 | | provided the employee is not an employee as defined in the | 15 | | federal Railroad Unemployment Insurance Act (45 U.S.C. 351 | 16 | | et seq.); | 17 | | (2) care for the employee's family member who is | 18 | | suffering from a physical or mental illness, injury, or | 19 | | health condition, or seek medical diagnosis or care, or | 20 | | attend a medical appointment; | 21 | | (3) care for a child whose school or place of care has | 22 | | been closed by order of a public official due to a public | 23 | | health emergency or to not go in to work because of the | 24 | | closure of the employee's place of business by order of a | 25 | | public official due to a public health emergency; |
| | | 10100HB2343ham001 | - 10 - | LRB101 04970 JLS 58003 a |
|
| 1 | | (4) be absent from work because the employee or the | 2 | | employee's family member is the victim of: | 3 | | (A) domestic violence as defined in Section 103(3) | 4 | | of the Illinois Domestic Violence Act of 1986; or | 5 | | (B) sexual violence, which means: | 6 | | (i) any conduct proscribed by Article 11 of the | 7 | | Criminal Code of 2012 except Sections 11-35 and | 8 | | 11-45; | 9 | | (ii) Sections 12-7.3, 12-7.4, and 12-7.5 of | 10 | | the Criminal Code of 2012, or | 11 | | (iii) a similar provision of the Criminal Code | 12 | | of 1961; or | 13 | | (5) be absent from work to visit the employee's family | 14 | | member who is in jail or prison, for the employee to attend | 15 | | his or her own or his or her family member's appointment | 16 | | regarding court sentencing, probation, conditional | 17 | | discharge, parole, or mandatory supervised release | 18 | | requirements, or any other civil or criminal court hearing | 19 | | or trial. | 20 | | (c) Paid sick time shall accrue at the rate of one hour of | 21 | | paid sick time for every 40 hours worked up to a minimum of 40 | 22 | | hours of paid sick time unless the employer selects a higher | 23 | | limit. Employees who are exempt from the overtime requirements | 24 | | of the federal Fair Labor Standards Act (29 U.S.C. 213(a)(1)) | 25 | | shall be deemed to work 40 hours in each work week for purposes | 26 | | of paid sick time accrual unless their normal work week is less |
| | | 10100HB2343ham001 | - 11 - | LRB101 04970 JLS 58003 a |
|
| 1 | | than 40 hours, in which case paid sick time accrues based on | 2 | | that normal work week. Employees shall determine how much paid | 3 | | sick time they need to use, provided that employers may set a | 4 | | reasonable minimum increment for the use of paid sick time not | 5 | | to exceed 4 hours per day. | 6 | | (d) Employees shall be paid their regular rate of pay for | 7 | | paid sick time. However, employees engaged in an occupation in | 8 | | which gratuities or commissions have customarily and usually | 9 | | constituted and have been recognized as part of the | 10 | | remuneration for hire purposes shall be paid by their employer | 11 | | at least the full minimum wage in the jurisdiction in which | 12 | | they are employed when paid sick time is taken. Paid sick time | 13 | | under this Act shall not be charged or otherwise credited to | 14 | | employee vacation accounts. | 15 | | (e) Paid sick time shall begin to accrue at the | 16 | | commencement of employment or on the effective date of this | 17 | | Act, whichever is later. Employees shall be entitled to begin | 18 | | using paid sick time 180 days following commencement of their | 19 | | employment or 180 days following the effective date of this | 20 | | Act, whichever is later. Nothing in this Section shall be | 21 | | construed to discourage or prohibit an employer from allowing | 22 | | the use of paid sick time at an earlier date than this Section | 23 | | requires. Nothing in this Act shall be construed to discourage | 24 | | employers from adopting or retaining paid sick time policies | 25 | | more generous than policies that comply with the requirements | 26 | | of this Act. |
| | | 10100HB2343ham001 | - 12 - | LRB101 04970 JLS 58003 a |
|
| 1 | | (f) An employer may require certification of the qualifying | 2 | | illness, injury, or health condition, or for time used pursuant | 3 | | to item (1) or (2) of subsection (b), when paid sick time used | 4 | | covers more than 3 consecutive workdays. Any reasonable | 5 | | documentation signed by a health care provider of the | 6 | | employee's choice involved in following or treating the | 7 | | illness, injury, or health condition, and indicating the need | 8 | | for the amount of sick time taken, shall be deemed acceptable | 9 | | certification. Nothing in this Act shall be construed to | 10 | | require an employee to provide as certification any information | 11 | | from a health care provider that would be a disclosure in | 12 | | violation of Section 1177 of the Social Security Act or the | 13 | | regulations promulgated pursuant to the federal Health | 14 | | Insurance Portability and Accountability Act of 1996. If an | 15 | | employer possesses health information or any information | 16 | | related to domestic or sexual violence about an employee or | 17 | | employee's family member, the information shall be treated as | 18 | | confidential and not disclosed except with the permission of | 19 | | the affected employee. For paid sick time used pursuant to item | 20 | | (4) of subsection (b), any one of the following is acceptable | 21 | | documentation, and only one of the following shall be required: | 22 | | a police report, court document, any reasonable documentation | 23 | | signed by a health care provider, or signed statement from an | 24 | | attorney, a member of the clergy, a victim services | 25 | | organization or advocate, or the employee. It is up to the | 26 | | employee to determine which documentation to submit. If a |
| | | 10100HB2343ham001 | - 13 - | LRB101 04970 JLS 58003 a |
|
| 1 | | document has been submitted, the employer shall not request or | 2 | | require any other document if the reason for the sick time is | 3 | | related to the same incident of violence or the same | 4 | | perpetrator of the violence. The employer shall not delay the | 5 | | commencement of leave taken for purposes of subsection (b) nor | 6 | | delay pay for this period on the basis that the employer has | 7 | | not yet received the certification. | 8 | | (g) Paid sick time shall be provided upon the oral request | 9 | | of an employee. If the necessity for paid sick time under this | 10 | | Act is foreseeable, the employee shall provide the employer | 11 | | with not less than 7 days' notice before the date the leave is | 12 | | to begin. If the necessity for leave is not foreseeable, the | 13 | | employee shall provide such notice as soon as is practical | 14 | | after the employee is aware of the necessity of the leave. An | 15 | | employer may not require, as a condition of providing paid sick | 16 | | time under this Act, that the employee search for or find a | 17 | | replacement worker to cover the hours during which the employee | 18 | | is on paid sick time leave. | 19 | | (h) Paid sick time shall carry over annually to the extent | 20 | | not used by the employee, provided that nothing in this Act | 21 | | shall be construed to require an employer to allow use of more | 22 | | than 40 hours of paid sick time for an employee unless the | 23 | | employer agrees to do so. | 24 | | (i) It is unlawful for an employer to interfere with, | 25 | | restrain, deny, change work days or hours scheduled to avoid | 26 | | paying sick time, or discipline an employee for the exercise |
| | | 10100HB2343ham001 | - 14 - | LRB101 04970 JLS 58003 a |
|
| 1 | | of, or the attempt to exercise, any right provided under or in | 2 | | connection with this Act, including considering the use of paid | 3 | | sick time as a negative factor in an employment action that | 4 | | involves hiring, terminating, evaluating, promoting, | 5 | | disciplining, or counting the paid sick time under a no-fault | 6 | | attendance policy. | 7 | | (j) During any period an employee takes leave under this | 8 | | Act, the employer shall maintain coverage for the employee and | 9 | | any family member under any group health plan for the duration | 10 | | of such leave at at least the level and conditions of coverage | 11 | | as would have been provided if the employee had not taken the | 12 | | leave. | 13 | | (k) Nothing in this Section shall be construed as requiring | 14 | | financial or other payment to an employee from an employer upon | 15 | | the employee's termination, resignation, retirement, or other | 16 | | separation from employment for accrued paid sick time that has | 17 | | not been used. | 18 | | (l) Nothing in this Section shall be construed to prohibit | 19 | | an employer from taking disciplinary action, up to and | 20 | | including termination, against an employee who uses paid sick | 21 | | time provided pursuant to this Act for purposes other than | 22 | | those described in this Section. | 23 | | (m) If an employee is transferred to a separate division, | 24 | | entity, or location, but remains employed by the same employer, | 25 | | the employee is entitled to all paid sick time accrued at the | 26 | | prior division, entity, or location and is entitled to use all |
| | | 10100HB2343ham001 | - 15 - | LRB101 04970 JLS 58003 a |
|
| 1 | | paid sick time as provided in this Section. If there is a | 2 | | separation from employment and the employee is rehired within | 3 | | 12 months of separation by the same employer, previously | 4 | | accrued paid sick time that had not been used shall be | 5 | | reinstated. The employee shall be entitled to use accrued paid | 6 | | sick time at the commencement of employment following a | 7 | | separation from employment of 12 months or less. | 8 | | (n) Nothing in this Section shall be deemed to interfere | 9 | | with, impede, or in any way diminish the right of employees to | 10 | | bargain collectively with their employers through | 11 | | representatives of their own choosing in order to establish | 12 | | wages or other conditions of work in excess of the applicable | 13 | | minimum standards of the provisions of this Act. Nothing in | 14 | | this Section shall be deemed to affect the validity or change | 15 | | the terms of bona fide collective bargaining agreements in | 16 | | force on the effective date of this Act. After the effective | 17 | | date of this Act, requirements of this Section may be waived in | 18 | | a bona fide collective bargaining agreement, but only if the | 19 | | waiver is set forth explicitly in such agreement in clear and | 20 | | unambiguous terms. In no event shall this Section apply to any | 21 | | employee working in the construction industry who is covered by | 22 | | a bona fide collective bargaining agreement. | 23 | | Section 20. Related employer responsibilities. | 24 | | (a) An employer subject to any provision of this Act shall | 25 | | make and preserve records documenting hours worked by employees |
| | | 10100HB2343ham001 | - 16 - | LRB101 04970 JLS 58003 a |
|
| 1 | | and the amount of paid sick time taken by employees for a | 2 | | period of not less than 3 years and shall allow the Department | 3 | | access to such records, with appropriate notice and a mutually | 4 | | agreeable time, to monitor compliance with the requirements of | 5 | | this Section. In addition, the records shall be preserved for | 6 | | the duration of any claim pending pursuant to Section 35 of | 7 | | this Act. | 8 | | (b) An agreement by employees to waive their rights under | 9 | | this Act, except as allowed under subsection (n) of Section 15, | 10 | | is void as against public policy. | 11 | | (c) Employers who have a paid time off policy that complies | 12 | | with the requirements of this Act are not required to modify | 13 | | the policy if such policy offers an employee the option, at the | 14 | | employee's discretion, to take paid sick time that is at least | 15 | | equivalent to the paid sick time described in this Act. | 16 | | (d) An employer shall post and keep posted in a conspicuous | 17 | | place on the premises of the employer where notices to | 18 | | employees are customarily posted, and include in an employee | 19 | | manual or policy if the employer has one, a notice, to be | 20 | | prepared by the Department, summarizing the requirements of | 21 | | this Act and information pertaining to the filing of a charge. | 22 | | If an employer's workforce is comprised of a significant | 23 | | portion of workers who are not literate in English, the | 24 | | employer is responsible for providing the notice in a language | 25 | | in which the employees are literate. An employer who willfully | 26 | | violates the notice and posting requirements of this Section |
| | | 10100HB2343ham001 | - 17 - | LRB101 04970 JLS 58003 a |
|
| 1 | | shall be subject to a civil penalty to be paid to the employee | 2 | | in an amount not to exceed $100 for each separate offense. | 3 | | Section 25. Unlawful employer practices. It is unlawful for | 4 | | any employer to take any adverse action against an employee | 5 | | because the employee (1) exercises rights or attempts to | 6 | | exercise rights under this Act, (2) opposes practices which | 7 | | such employee believes to be in violation of this Act, or (3) | 8 | | supports the exercise of rights of another under this Act. Such | 9 | | unlawful employer practices include, but are not limited to, | 10 | | any reference to the employee's or any of the employee's family | 11 | | members' citizenship or immigration status, or any threat to | 12 | | contact or actual contact with any local, State, or federal | 13 | | government entities regarding the employee's or any of the | 14 | | employee's family members' citizenship or immigration status, | 15 | | or sexual harassment. Exercising rights under this Act includes | 16 | | filing an action or instituting or causing to be instituted any | 17 | | proceeding under or related to this Act; providing or agreeing | 18 | | to provide any information in connection with any inquiry or | 19 | | proceeding relating to any right provided under this Act; or | 20 | | testifying to or agreeing to testify in any inquiry or | 21 | | proceeding relating to any right provided under this Act. | 22 | | Section 30. Department responsibilities. | 23 | | (a) The Department shall administer and enforce this Act | 24 | | and adopt rules under the Illinois Administrative Procedure Act |
| | | 10100HB2343ham001 | - 18 - | LRB101 04970 JLS 58003 a |
|
| 1 | | for the purpose of this Act. The Department shall have the | 2 | | powers and the parties shall have the rights provided in the | 3 | | Illinois Administrative Procedure Act for contested cases. The | 4 | | Department shall have the power to conduct investigations in | 5 | | connection with the administration and enforcement of this Act, | 6 | | including the power to conduct depositions and discovery and to | 7 | | issue subpoenas. If the Department finds cause to believe that | 8 | | this Act has been violated, the Department shall notify the | 9 | | parties in writing and the matter shall be referred to an | 10 | | Administrative Law Judge to schedule a formal hearing in | 11 | | accordance with hearing procedures established by rule. | 12 | | Administrative decisions shall be reviewed under the | 13 | | Administrative Review Law. | 14 | | (b) The Department is authorized to impose civil penalties | 15 | | prescribed in Section 35 in administrative proceedings that | 16 | | comply with the Illinois Administrative Procedure Act and to | 17 | | supervise the payment of the unpaid wages and damages owing to | 18 | | the employee or employees under this Act. The Department may | 19 | | bring any legal action necessary to recover the amount of | 20 | | unpaid wages, damages, and penalties, and the employer shall be | 21 | | required to pay the costs. Any sums recovered by the Department | 22 | | on behalf of an employee under this Act shall be paid to the | 23 | | employee or employees affected. However, 20% of any penalty | 24 | | collected from the employer for a violation of this Act shall | 25 | | be deposited into the Healthy Workplace Fund, a special fund | 26 | | created in the State treasury that is dedicated to enforcing |
| | | 10100HB2343ham001 | - 19 - | LRB101 04970 JLS 58003 a |
|
| 1 | | this Act. | 2 | | (c) The Attorney General may bring an action to enforce the | 3 | | collection of any civil penalty imposed under this Act. | 4 | | Section 35. Enforcement. | 5 | | (a) An employee who believes his or her rights under this | 6 | | Act or any rule adopted under this Act have been violated may, | 7 | | within 3 years after the date of the last event constituting | 8 | | the alleged violation for which the action is brought, file a | 9 | | complaint with the Department or file a civil action. | 10 | | (b) Any employer that violates this Act is liable in a | 11 | | claim filed with the Department or in a civil action in circuit | 12 | | court to any affected individuals for actual and compensatory | 13 | | damages, with interest at the prevailing rate, punitive | 14 | | damages, and such equitable relief as may be appropriate, in | 15 | | addition to reasonable attorney's fees, reasonable expert | 16 | | witness fees, and other costs of the action to be paid by the | 17 | | defendant. A civil action may be brought without first filing a | 18 | | complaint with the Department. Administrative decisions are | 19 | | reviewable under the Administrative Review Law. | 20 | | (c) Any employer that the Department or a court finds by a | 21 | | preponderance of the evidence to have knowingly, repeatedly, or | 22 | | with reckless disregard violated any provision of this Act or | 23 | | any rule adopted under this Act is subject to a civil money | 24 | | penalty to be paid to the employee not to exceed $2,500 for | 25 | | each separate offense. |
| | | 10100HB2343ham001 | - 20 - | LRB101 04970 JLS 58003 a |
|
| 1 | | Section 90. The State Finance Act is amended by adding | 2 | | Section 5.891 as follows: | 3 | | (30 ILCS 105/5.891 new) | 4 | | Sec. 5.891. The Healthy Workplace Fund. | 5 | | Section 97. Severability. The provisions of this Act are | 6 | | severable under Section 1.31 of the Statute on Statutes.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
|
|