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Full Text of SB3146  102nd General Assembly

SB3146 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3146

 

Introduced 1/12/2022, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 140/7  from Ch. 48, par. 8g

    Amends the One Day Rest In Seven Act. Provides that any employer who violates any of the provisions of the Act, shall be guilty of a civil offense (rather than a petty offense), and shall be subject to a civil penalty of up to $500 per offense, payable to the Department of Labor, and damages of up to $500 per offense, payable to the employee or employees affected (rather than be fined for each offense in a sum of not less than $25 nor more than $100). Provides for which actions shall constitute a separate offense. Provides that the Director of Labor shall enforce the Act in accordance with the Illinois Administrative Procedure Act. Provides that any funds collected by the Department shall be deposited in the Child Labor and Day and Temporary Labor Services Enforcement Fund.


LRB102 23984 SPS 33189 b

 

 

A BILL FOR

 

SB3146LRB102 23984 SPS 33189 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 One Day Rest In Seven Act is amended by
5changing Section 7 as follows:
 
6    (820 ILCS 140/7)  (from Ch. 48, par. 8g)
7    Sec. 7. Civil offense.
8    (a) Any employer who violates any of the provisions of
9this Act, shall be guilty of a civil petty offense, and shall
10be subject to a civil penalty of up to $500 per offense,
11payable to the Department of Labor, and damages of up to $500
12per offense, payable to the employee or employees affected.
13Each employee whose rights are violated under this Act shall
14constitute a separate offense. Each week that an employee is
15found to not have been allowed 24 consecutive hours of rest as
16required in Section 2 shall constitute a separate offense.
17Each day that an employee is found not to have been provided a
18meal period as required in Section 3 shall constitute a
19separate offense fined for each offense in a sum of not less
20than $25 nor more than $100.
21    (b) The Director of Labor shall enforce this Act in
22accordance with the Illinois Administrative Procedure Act. The
23Director of Labor shall have the powers and the parties shall

 

 

SB3146- 2 -LRB102 23984 SPS 33189 b

1have the rights provided in the Illinois Administrative
2Procedure Act for contested cases, including, but not limited
3to, provisions for depositions, subpoena power and procedures,
4and discovery and protective order procedures.
5    (c) Any Funds collected by the Department of Labor under
6this Act shall be deposited in the Child Labor and Day and
7Temporary Labor Services Enforcement Fund.
8(Source: P.A. 77-2418.)