HB3733 EnrolledLRB103 30030 SPS 56451 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 State Finance Act is amended by changing
5Section 5.942 as follows:
6    (30 ILCS 105/5.942)
7    Sec. 5.942. The Equal Pay Registration Fund.
8(Source: P.A. 101-656, eff. 3-23-21; 102-813, eff. 5-13-22.)
9    Section 10. The Personnel Record Review Act is amended by
10changing Section 2 as follows:
11    (820 ILCS 40/2)  (from Ch. 48, par. 2002)
12    Sec. 2. Open Records. Every employer shall, upon an
13employee's request which the employer may require be in
14writing on a form supplied by the employer, permit the
15employee to inspect any personnel documents which are, have
16been or are intended to be used in determining that employee's
17qualifications for employment, promotion, transfer, additional
18compensation, discharge or other disciplinary action, except
19as provided in Section 10. The inspection right encompasses
20personnel documents in the possession of a person,
21corporation, partnership, or other association having a



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1contractual agreement with the employer to keep or supply a
2personnel record. An employee may request all or any part of
3his or her records, except as provided in Section 10. The
4employer shall grant at least 2 inspection requests by an
5employee in a calendar year when requests are made at
6reasonable intervals, unless otherwise provided in a
7collective bargaining agreement. The employer shall provide
8the employee with the inspection opportunity within 7 working
9days after the employee makes the request or if the employer
10can reasonably show that such deadline cannot be met, the
11employer shall have an additional 7 days to comply. The
12inspection shall take place at a location reasonably near the
13employee's place of employment and during normal working
14hours. The employer may allow the inspection to take place at a
15time other than working hours or at a place other than where
16the records are maintained if that time or place would be more
17convenient for the employee. Nothing in this Act shall be
18construed as a requirement that an employee be permitted to
19remove any part of such personnel records or any part of such
20records from the place on the employer's premises where it is
21made available for inspection. Each employer shall retain the
22right to protect his records from loss, damage, or alteration
23to insure the integrity of the records. The If an employee
24demonstrates that he or she is unable to review his or her
25personnel record at the employing unit, the employer shall,
26upon the employee's written request, email or mail a copy of



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1the requested record to the employee by the email address or
2mailing address identified by the employee for the purpose of
3receiving the copy of requested record. An employer may charge
4a fee for providing a copy of the requested record. The fee
5shall be limited to the actual cost of duplicating the
6requested record.
7(Source: P.A. 83-1362.)
8    (820 ILCS 40/3 rep.)
9    Section 15. The Personnel Record Review Act is amended by
10repealing Section 3.
11    Section 20. The Minimum Wage Law is amended by changing
12Sections 9 and 12 as follows:
13    (820 ILCS 105/9)  (from Ch. 48, par. 1009)
14    Sec. 9. Every employer subject to any provision of this
15Act or of any regulations issued under this Act shall keep a
16summary of this Act approved by the Director, and copies of any
17applicable regulations issued under this Act or a summary of
18such regulations, posted in a conspicuous and accessible place
19in or about the premises wherever any person subject to this
20Act is employed. Every employer subject to any provision of
21this Act or any regulations issued under this Act with
22employees who do not regularly report to a physical workplace,
23such as employees who work remotely or travel for work, shall



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1also provide the summaries and regulations by email to its
2employees or conspicuous posting on the employer's website or
3intranet site, if such site is regularly used by the employer
4to communicate work-related information to employees and is
5able to be regularly accessed by all employees, freely and
6without interference. Employers shall be furnished copies of
7such summaries and regulations by the State on request without
9(Source: P.A. 77-1451.)
10    (820 ILCS 105/12)  (from Ch. 48, par. 1012)
11    Sec. 12. (a) If any employee is paid by his employer less
12than the wage to which he is entitled under the provisions of
13this Act, the employee may recover in a civil action treble the
14amount of any such underpayments together with costs and such
15reasonable attorney's fees as may be allowed by the Court, and
16damages of 5% of the amount of any such underpayments for each
17month following the date of payment during which such
18underpayments remain unpaid. Any agreement between the
19employee and the employer to work for less than such wage is no
20defense to such action. At the request of the employee or on
21motion of the Director of Labor, the Department of Labor may
22make an assignment of such wage claim in trust for the
23assigning employee and may bring any legal action necessary to
24collect such claim, and the employer shall be required to pay
25the costs incurred in collecting such claim. Every such action



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1shall be brought within 3 years from the date of the
2underpayment. Such employer shall be liable to the Department
3of Labor for a penalty in an amount of up to 20% of the total
4employer's underpayment where the employer's conduct is proven
5by a preponderance of the evidence to be willful, repeated, or
6with reckless disregard of this Act or any rule adopted under
7this Act. Such employer shall be liable to the Department for
8an additional penalty of $1,500. All administrative penalties
9ordered under this Act shall be paid by certified check, money
10order, or by an electronic payment system designated by the
11Department, and shall be made , payable to or deposited into
12the Department's Wage Theft Enforcement Fund. Such employer
13shall be additionally liable to the employee for damages in
14the amount of 5% of the amount of any such underpayments for
15each month following the date of payment during which such
16underpayments remain unpaid. These penalties and damages may
17be recovered in a civil action brought by the Director of Labor
18in any circuit court. In any such action, the Director of Labor
19shall be represented by the Attorney General.
20    If an employee collects damages of 5% of the amount of
21underpayments as a result of an action brought by the Director
22of Labor, the employee may not also collect those damages in a
23private action brought by the employee for the same violation.
24If an employee collects damages of 5% of the amount of
25underpayments in a private action brought by the employee, the
26employee may not also collect those damages as a result of an



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1action brought by the Director of Labor for the same
3    (b) If an employee has not collected damages under
4subsection (a) for the same violation, the Director is
5authorized to supervise the payment of the unpaid minimum
6wages and the unpaid overtime compensation owing to any
7employee or employees under Sections 4 and 4a of this Act and
8may bring any legal action necessary to recover the amount of
9the unpaid minimum wages and unpaid overtime compensation and
10an equal additional amount as damages, and the employer shall
11be required to pay the costs incurred in collecting such
12claim. Such employer shall be additionally liable to the
13Department of Labor for up to 20% of the total employer's
14underpayment where the employer's conduct is proven by a
15preponderance of the evidence to be willful, repeated, or with
16reckless disregard of this Act or any rule adopted under this
17Act. Such employer shall be liable to the Department of Labor
18for an additional penalty of $1,500, payable to the
19Department's Wage Theft Enforcement Fund. The action shall be
20brought within 5 years from the date of the failure to pay the
21wages or compensation. Any sums thus recovered by the Director
22on behalf of an employee pursuant to this subsection shall be
23paid to the employee or employees affected. Any sums which,
24more than one year after being thus recovered, the Director is
25unable to pay to an employee shall be deposited into the
26General Revenue Fund.



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1(Source: P.A. 101-1, eff. 2-19-19.)
2    Section 25. The Equal Pay Act of 2003 is amended by
3changing Sections 11, 30, and 40, and by adding Section 33 as
5    (820 ILCS 112/11)
6    Sec. 11. Equal pay registration certificate requirements;
7application. For the purposes of this Section 11 only,
8"business" means any private employer who has 100 or more
9employees in the State of Illinois and is required to file an
10Annual Employer Information Report EEO-1 with the Equal
11Employment Opportunity Commission, but does not include the
12State of Illinois or any political subdivision, municipal
13corporation, or other governmental unit or agency.
14    (a) A business must obtain an equal pay registration
15certificate from the Department.
16    (b) Any business subject to the requirements of this
17Section that is authorized to transact business in this State
18on March 23, 2021 shall submit an application to obtain an
19equal pay registration certificate, between March 24, 2022 and
20March 23, 2024, and must recertify every 2 years thereafter.
21Any business subject to the requirements of this Section that
22is authorized to transact business in this State after March
2323, 2021 must submit an application to obtain an equal pay
24registration certificate within 3 years of commencing business



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1operations, but not before January 1, 2024, and must recertify
2every 2 years thereafter. The Department shall collect contact
3information from each business subject to this Section. The
4Department shall assign each business a date by which it must
5submit an application to obtain an equal pay registration
6certificate. The business shall recertify every 2 years at a
7date to be determined by the Department. When a business
8receives a notice from the Department to recertify for its
9equal pay registration certificate, if the business has fewer
10than 100 employees, the business must certify in writing to
11the Department that it is exempt from this Section. Any new
12business that is subject to this Section and authorized to
13conduct business in this State, after the effective date of
14this amendatory Act of the 102nd General Assembly, shall
15submit its contact information to the Department by January 1
16of the following year and shall be assigned a date by which it
17must submit an application to obtain an equal pay registration
18certificate. The Department's failure to assign a business a
19registration date does not exempt the business from compliance
20with this Section. The failure of the Department to notify a
21business of its recertification deadline may be a mitigating
22factor when making a determination of a violation of this
24    (c) Application.
25        (1) A business shall apply for an equal pay
26    registration certificate by paying a $150 filing fee and



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1    submitting wage records and an equal pay compliance
2    statement to the Director as follows:
3            (A) Wage Records. Any business that is required to
4        file an annual Employer Information Report EEO-1 with
5        the Equal Employment Opportunity Commission must also
6        submit to the Director a copy of the business's most
7        recently filed Employer Information Report EEO-1. The
8        business shall also compile a list of all employees
9        during the past calendar year, separated by gender and
10        the race and ethnicity categories as reported in the
11        business's most recently filed Employer Information
12        Report EEO-1, and the county in which the employee
13        works, the date the employee started working for the
14        business, any other information the Department deems
15        necessary to determine if pay equity exists among
16        employees, and report the total wages as defined by
17        Section 2 of the Illinois Wage Payment and Collection
18        Act paid to each employee during the past calendar
19        year, rounded to the nearest $100, to the Director.
20            (B) Equal Pay Compliance Statement. The business
21        must submit a statement signed by a corporate officer,
22        legal counsel, or authorized agent of the business
23        certifying:
24                (i) that the business is in compliance with
25            this Act and other relevant laws, including but
26            not limited to: Title VII of the Civil Rights Act



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1            of 1964, the Equal Pay Act of 1963, the Illinois
2            Human Rights Act, and the Equal Wage Act;
3                (ii) that the average compensation for its
4            female and minority employees is not consistently
5            below the average compensation, as determined by
6            rule by the United States Department of Labor, for
7            its male and non-minority employees within each of
8            the major job categories in the Employer
9            Information Report EEO-1 for which an employee is
10            expected to perform work, taking into account
11            factors such as length of service, requirements of
12            specific jobs, experience, skill, effort,
13            responsibility, working conditions of the job,
14            education or training, job location, use of a
15            collective bargaining agreement, or other
16            mitigating factors; as used in this subparagraph,
17            "minority" has the meaning ascribed to that term
18            in paragraph (1) of subsection (A) of Section 2 of
19            the Business Enterprise for Minorities, Women, and
20            Persons with Disabilities Act; and as used in this
21            subparagraph, "compensation" means remuneration or
22            compensation an employee receives in return for
23            services rendered to an employer, including hourly
24            wages, overtime wages, commissions, piece rate
25            work, salary, bonuses, or any other basis of
26            calculation for services performed;



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1                (iii) that the business does not restrict
2            employees of one sex to certain job
3            classifications, and makes retention and promotion
4            decisions without regard to sex;
5                (iv) that wage and benefit disparities are
6            corrected when identified to ensure compliance
7            with the Acts cited in item (i);
8                (v) how often wages and benefits are
9            evaluated; and
10                (vi) the approach the business takes in
11            determining what level of wages and benefits to
12            pay its employees; acceptable approaches include,
13            but are not limited to, a wage and salary survey.
14            (C) Filing fee. The business shall pay to the
15        Department a filing fee of $150. Proceeds from the
16        fees collected under this Section shall be deposited
17        into the Equal Pay Registration Fund, a special fund
18        created in the State treasury. Moneys in the Fund
19        shall be appropriated to the Department for the
20        purposes of this Section.
21        (2) Receipt of the equal pay compliance application
22    and statement by the Director does not establish
23    compliance with the Acts set forth in item (i) of
24    subparagraph (B) of paragraph (1) of this subsection (c).
25        (3) A business that has employees in multiple
26    locations or facilities in Illinois shall submit a single



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1    application to the Department regarding all of its
2    operations in Illinois.
3    (d) Issuance or rejection of registration certificate.
4After January 1, 2022, the Director must issue an equal pay
5registration certificate, or a statement of why the
6application was rejected, within 45 calendar days of receipt
7of the application. Applicants shall have the opportunity to
8cure any deficiencies in its application that led to the
9rejection, and re-submit the revised application to the
10Department within 30 calendar days of receiving a rejection.
11Applicants shall have the ability to appeal rejected
12applications. An application may be rejected only if it does
13not comply with the requirements of subsection (c), or the
14business is otherwise found to be in violation of this Act. The
15receipt of an application by the Department, or the issuance
16of a registration certificate by the Department, shall not
17establish compliance with the Equal Pay Act of 2003 as to all
18Sections except Section 11. The issuance of a registration
19certificate shall not be a defense against any Equal Pay Act
20violation found by the Department, nor a basis for mitigation
21of damages.
22    (e) Revocation of registration certificate. An equal pay
23registration certificate for a business may be suspended or
24revoked by the Director when the business fails to make a good
25faith effort to comply with the Acts identified in item (i) of
26subparagraph (B) of paragraph (1) of subsection (c), fails to



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1make a good faith effort to comply with this Section, or has
2multiple violations of this Section or the Acts identified in
3item (i) of subparagraph (B) of paragraph (1) of subsection
4(c). Prior to suspending or revoking a registration
5certificate, the Director must first have sought to conciliate
6with the business regarding wages and benefits due to
8    Consistent with Section 25, prior to or in connection with
9the suspension or revocation of an equal pay registration
10certificate, the Director, or his or her authorized
11representative, may interview workers, administer oaths, take
12or cause to be taken the depositions of witnesses, and require
13by subpoena the attendance and testimony of witnesses, and the
14production of personnel and compensation information relative
15to the matter under investigation, hearing or a
16department-initiated audit.
17    Neither the Department nor the Director shall be held
18liable for good faith errors in issuing, denying, suspending
19or revoking certificates.
20    (f) Administrative review. A business may obtain an
21administrative hearing in accordance with the Illinois
22Administrative Procedure Act before the suspension or
23revocation of its certificate or imposition of civil penalties
24as provided by subsection (i) is effective by filing a written
25request for hearing within 20 calendar days after service of
26notice by the Director.



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1    (g) Technical assistance. The Director must provide
2technical assistance to any business that requests assistance
3regarding this Section.
4    (h) Access to data.
5        (1) Any individually identifiable information
6    submitted to the Director within or related to an equal
7    pay registration application or otherwise provided by an
8    employer in its equal pay compliance statement under
9    subsection (c) shall be considered confidential
10    information and not subject to disclosure pursuant to the
11    Illinois Freedom of Information Act. As used in this
12    Section, "individually identifiable information" means
13    data submitted pursuant to this Section that is associated
14    with a specific person or business. Aggregate data or
15    reports that are reasonably calculated to prevent the
16    association of any data with any individual business or
17    person are not confidential information. Aggregate data
18    shall include the job category and the average hourly wage
19    by county for each gender, race, and ethnicity category on
20    the registration certificate applications. The Department
21    of Labor may compile aggregate data from registration
22    certificate applications.
23        (2) The Director's decision to issue, not issue,
24    revoke, or suspend an equal pay registration certificate
25    is public information.
26        (3) Notwithstanding this subsection (h), a current



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1    employee of a covered business may request anonymized data
2    regarding their job classification or title and the pay
3    for that classification. No individually identifiable
4    information may be provided to an employee making a
5    request under this paragraph.
6        (4) Notwithstanding this subsection (h), the
7    Department may share data and identifiable information
8    with the Department of Human Rights, pursuant to its
9    enforcement of Article 2 of the Illinois Human Rights Act,
10    or the Office of the Attorney General, pursuant to its
11    enforcement of Section 10-104 of the Illinois Human Rights
12    Act.
13        (5) Any Department employee who willfully and
14    knowingly divulges, except in accordance with a proper
15    judicial order or otherwise provided by law, confidential
16    information received by the Department from any business
17    pursuant to this Act shall be deemed to have violated the
18    State Officials and Employees Ethics Act and be subject to
19    the penalties established under subsections (e) and (f) of
20    Section 50-5 of that Act after investigation and
21    opportunity for hearing before the Executive Ethics
22    Commission in accordance with Section 20-50 of that Act.
23    (i) Penalty. Falsification or misrepresentation of
24information on an application submitted to the Department
25shall constitute a violation of this Act and the Department
26may seek to suspend or revoke an equal pay registration



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1certificate or impose civil penalties as provided under
2subsection (c) of Section 30.
3(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
4102-705, eff. 4-22-22.)
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
8the wage to which he or she is entitled in violation of Section
910 or 11 of this Act, the employee may recover in a civil
10action the entire amount of any underpayment together with
11interest, compensatory damages if the employee demonstrates
12that the employer acted with malice or reckless indifference,
13punitive damages as may be appropriate, injunctive relief as
14may be appropriate, and the costs and reasonable attorney's
15fees as may be allowed by the court and as necessary to make
16the employee whole. At the request of the employee or on a
17motion of the Director, the Department may make an assignment
18of the wage claim in trust for the assigning employee and may
19bring any legal action necessary to collect the claim, and the
20employer shall be required to pay the costs incurred in
21collecting the claim. Every such action shall be brought
22within 5 years from the date of the underpayment. For purposes
23of this Act, "date of the underpayment" means each time wages
24are underpaid.
25    (a-5) If an employer violates subsection (b), (b-5),



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1(b-10), or (b-20) of Section 10, the employee may recover in a
2civil action any damages incurred, special damages not to
3exceed $10,000, injunctive relief as may be appropriate, and
4costs and reasonable attorney's fees as may be allowed by the
5court and as necessary to make the employee whole. If special
6damages are available, an employee may recover compensatory
7damages only to the extent such damages exceed the amount of
8special damages. Such action shall be brought within 5 years
9from the date of the violation.
10    (b) The Director is authorized to supervise the payment of
11the unpaid wages under subsection (a) or damages under
12subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
13to any employee or employees under this Act and may bring any
14legal action necessary to recover the amount of unpaid wages,
15damages, and penalties or to seek injunctive relief, and the
16employer shall be required to pay the costs. Any sums
17recovered by the Director on behalf of an employee under this
18Section shall be paid to the employee or employees affected.
19    (c) Employers who violate any provision of this Act or any
20rule adopted under the Act are subject to a civil penalty,
21payable to the Department, for each employee affected as
23        (1) An employer with fewer than 4 employees: first
24    offense, a fine not to exceed $500; second offense, a fine
25    not to exceed $2,500; third or subsequent offense, a fine
26    not to exceed $5,000.



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1        (2) An employer with between 4 and 99 employees: first
2    offense, a fine not to exceed $2,500; second offense, a
3    fine not to exceed $3,000; third or subsequent offense, a
4    fine not to exceed $5,000.
5        (3) An employer with 100 or more employees who
6    violates any Section of this Act except for Section 11
7    shall be fined up to $10,000 per employee affected. An
8    employer with 100 or more employees that is a business as
9    defined under Section 11 and commits a violation of
10    Section 11 shall be fined up to $10,000.
11    Before any imposition of a penalty under this subsection,
12an employer with 100 or more employees who violates item (b) of
13Section 11 and inadvertently fails to file an initial
14application or recertification shall be provided 30 calendar
15days by the Department to submit the application or
17    An employer or person who violates subsection (b), (b-5),
18(b-10), (b-20), or (c) of Section 10 is subject to a civil
19penalty not to exceed $5,000 for each violation for each
20employee affected, payable to the Department.
21    (d) In determining the amount of the penalty, the
22appropriateness of the penalty to the size of the business of
23the employer charged and the gravity of the violation shall be
24considered. The penalty may be recovered in a civil action
25brought by the Director in any circuit court.
26(Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)



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1    (820 ILCS 112/33 new)
2    Sec. 33. Equal Pay Fund. All moneys owed to the Department
3under this Act shall be deposited into the Equal Pay Fund and
4may be appropriated to the Department for the administration
5and enforcement of this Act.
6    (820 ILCS 112/40)
7    Sec. 40. Notification. Every employer covered by this Act
8shall post and keep posted, in conspicuous places on the
9premises of the employer where notices to employees are
10customarily posted, a notice, to be prepared or approved by
11the Director, summarizing the requirements of this Act and
12information pertaining to the filing of a charge. Every
13employer with employees who do not regularly report to a
14physical workplace, such as employees who work remotely or
15travel for work, shall also provide the summary and notice by
16email to its employees or conspicuous posting on the
17employer's website or intranet site, if such site is regularly
18used by the employer to communicate work-related information
19to employees and is able to be regularly accessed by all
20employees, freely and without interference. The Director shall
21furnish copies of summaries and rules to employers upon
22request without charge.
23(Source: P.A. 93-6, eff. 1-1-04.)



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1    Section 30. The Illinois Wage Payment and Collection Act
2is amended by changing Sections 3 and 11 as follows:
3    (820 ILCS 115/3)  (from Ch. 48, par. 39m-3)
4    Sec. 3. Every employer shall be required, at least
5semi-monthly, to pay every employee all wages earned during
6the semi-monthly pay period. Wages of executive,
7administrative and professional employees, as defined in the
8Federal Fair Labor Standards Act of 1939, may be paid once a
9month. Commissions may be paid once a month. At the request of
10a person employed by an employment or labor placement agency
11which, in the ordinary course of business, makes daily wage
12payments to employees, the agency shall hold the daily wages
13and make either weekly or semi-monthly payments. Upon the
14written request of the employee, the wage shall be paid in a
15single check representing the wages earned during the period,
16either weekly or semi-monthly, designated by the employee in
17accordance with Section 4 of this Act. Employment and labor
18placement agencies that make daily wage payments shall provide
19written notification to all daily wage payment employees of
20the right to request weekly or semi-monthly checks. The
21employer may provide this notice by conspicuously posting the
22notice at the location where the wages are received by the
23daily wage employees. Every employer with employees who do not
24regularly report to a physical workplace, such as employees
25who work remotely or travel for work, shall also provide the



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1summary and notice by email to its employees or conspicuous
2posting on the employer's website or intranet site, if such
3site is regularly used by the employer to communicate
4work-related information to employees and is able to be
5regularly accessed by all employees, freely and without
7(Source: P.A. 89-364, eff. 8-18-95.)
8    (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)
9    Sec. 11. It shall be the duty of the Department of Labor to
10inquire diligently for any violations of this Act, and to
11institute the actions for violations and penalties herein
12provided, at the request of the employee or on motion of the
13Director of Labor, and to enforce generally the provisions of
14this Act.
15    An employee may file a complaint with the Department
16alleging violations of the Act by submitting a signed,
17completed wage claim application on the form provided by the
18Department and by submitting copies of all supporting
19documentation. Complaints shall be filed within one year after
20the wages, final compensation, or wage supplements were due.
21    Wage claim applications Applications shall be reviewed by
22the Department to determine whether there is cause and
23sufficient resources for investigation.
24    The Department shall have the following powers:
25        (a) To investigate and attempt equitably to adjust



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1    controversies between employees and employers in respect
2    of wage claims arising under this Act and to that end the
3    Department through the Director of Labor or any other
4    person in the Department of Labor designated by him or
5    her, shall have the power to administer oaths, subpoena
6    and examine witnesses, to issue subpoenas duces tecum
7    requiring the production of such books, papers, records
8    and documents as may be evidence of any matter under
9    inquiry and to examine and inspect the same as may relate
10    to the question in dispute. Service of such subpoenas
11    shall be made by any sheriff or any person. Any court in
12    this State, upon the application of the Department may
13    compel attendance of witnesses, the production of books
14    and papers, and the giving of testimony before the
15    Department by attachment for contempt or in any other way
16    as the production of evidence may be compelled before such
17    court.
18        (b) To take assignments of wage claims in the name of
19    the Director of Labor and his or her successors in office
20    and prosecute actions for the collection of wages for
21    persons financially unable to prosecute such claims when
22    in the judgment of the Department such claims are valid
23    and enforceable in the courts. No court costs or any fees
24    for necessary process and proceedings shall be payable in
25    advance by the Department for prosecuting such actions. In
26    the event there is a judgment rendered against the



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1    defendant, the court shall assess as part of such judgment
2    the costs of such proceeding. Upon collection of such
3    judgments the Department shall pay from the proceeds of
4    such judgment such costs to such person who is by law
5    entitled to same. The Department may join in a single
6    proceeding any number of wage claims against the same
7    employer but the court shall have discretionary power to
8    order a severance or separate trial for hearings.
9        (c) To make complaint in any court of competent
10    jurisdiction of violations of this Act.
11        (d) In addition to the aforementioned powers, subject
12    to appropriation, the Department may establish an
13    administrative procedure to adjudicate claims and to issue
14    final and binding administrative decisions on such claims
15    subject to the Administrative Review Law. To establish
16    such a procedure, the Director of Labor or her or his
17    authorized representative may promulgate rules and
18    regulations. The adoption, amendment or rescission of
19    rules and regulations for such a procedure shall be in
20    conformity with the requirements of the Illinois
21    Administrative Procedure Act. If a final and binding
22    administrative decision issued by the Department requires
23    an employer or other party to pay wages, penalties, or
24    other amounts in connection with a wage claim, and the
25    employer or other party has neither: (i) made the required
26    payment within 35 days of the issuance of the final and



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1    binding administrative decision; nor (ii) timely filed a
2    complaint seeking review of the final and binding
3    administrative decision pursuant to the Administrative
4    Review Law in a court of competent jurisdiction, the
5    Department may file a verified petition against the
6    employer or other party to enforce the final
7    administrative decision and to collect any amounts due in
8    connection therewith in the circuit court of any county
9    where an official office of the Department is located.
10    Nothing herein shall be construed to prevent any employee
11from making complaint or prosecuting his or her own claim for
12wages. Any employee aggrieved by a violation of this Act or any
13rule adopted under this Act may file suit in circuit court of
14Illinois, in the county where the alleged violation occurred
15or where any employee who is party to the action resides,
16without regard to exhaustion of any alternative administrative
17remedies provided in this Act. Actions may be brought by one or
18more employees for and on behalf of themselves and other
19employees similarly situated.
20    Nothing herein shall be construed to limit the authority
21of the State's attorney of any county to prosecute actions for
22violation of this Act or to enforce the provisions thereof
23independently and without specific direction of the Department
24of Labor.
25(Source: P.A. 101-509, eff. 1-1-20.)



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1    (820 ILCS 125/Act rep.)
2    Section 35. The Wages of Women and Minors Act is repealed.
3    Section 40. The Day and Temporary Labor Services Act is
4amended by changing Section 45 as follows:
5    (820 ILCS 175/45)
6    Sec. 45. Registration; Department of Labor.
7    (a) A day and temporary labor service agency which is
8located, operates or transacts business within this State
9shall register with the Department of Labor in accordance with
10rules adopted by the Department for day and temporary labor
11service agencies and shall be subject to this Act and any rules
12adopted under this Act. Each day and temporary labor service
13agency shall provide proof of an employer account number
14issued by the Department of Employment Security for the
15payment of unemployment insurance contributions as required
16under the Unemployment Insurance Act, and proof of valid
17workers' compensation insurance in effect at the time of
18registration covering all of its employees. If, at any time, a
19day and temporary labor service agency's workers' compensation
20insurance coverage lapses, the agency shall have an
21affirmative duty to report the lapse of such coverage to the
22Department and the agency's registration shall be suspended
23until the agency's workers' compensation insurance is
24reinstated. The Department may assess each day and temporary



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1labor service agency a non-refundable registration fee not
2exceeding $1,000 per year per agency and a non-refundable fee
3not to exceed $250 for each branch office or other location
4where the agency regularly contracts with day or temporary
5laborers for services. The fee may be paid by check, money
6order, or the State Treasurer's E-Pay program or any successor
7program, and the Department may not refuse to accept a check on
8the basis that it is not a certified check or a cashier's
9check. The Department may charge an additional fee to be paid
10by a day and temporary labor service agency if the agency, or
11any person on the agency's behalf, issues or delivers a check
12to the Department that is not honored by the financial
13institution upon which it is drawn. The Department shall also
14adopt rules for violation hearings and penalties for
15violations of this Act or the Department's rules in
16conjunction with the penalties set forth in this Act.
17    (a-1) At the time of registration with the Department of
18Labor each year, the day and temporary labor service agency
19shall submit to the Department of Labor a report containing
20the information identified in paragraph (9) of subsection (a)
21of Section 12, broken down by branch office, in the aggregate
22for all day or temporary laborers assigned within Illinois and
23subject to this Act during the preceding year. This
24information shall be submitted on a form created by the
25Department of Labor. The Department of Labor shall aggregate
26the information submitted by all registering day and temporary



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1labor service agencies by removing identifying data and shall
2have the information available to the public only on a
3municipal and county basis. As used in this paragraph,
4"identifying data" means any and all information that: (i)
5provides specific information on individual worker identity;
6(ii) identifies the service agency in any manner; and (iii)
7identifies clients utilizing the day and temporary labor
8service agency or any other information that can be traced
9back to any specific registering day and temporary labor
10service agency or its client. The information and reports
11submitted to the Department of Labor under this subsection by
12the registering day and temporary labor service agencies are
13exempt from inspection and copying under Section 7.5 of the
14Freedom of Information Act.
15    (b) It is a violation of this Act to operate a day and
16temporary labor service agency without first registering with
17the Department in accordance with subsection (a) of this
18Section. The Department shall create and maintain at regular
19intervals on its website, accessible to the public: (1) a list
20of all registered day and temporary labor service agencies in
21the State whose registration is in good standing; (2) a list of
22day and temporary labor service agencies in the State whose
23registration has been suspended, including the reason for the
24suspension, the date the suspension was initiated, and the
25date, if known, the suspension is to be lifted; and (3) a list
26of day and temporary labor service agencies in the State whose



HB3733 Enrolled- 28 -LRB103 30030 SPS 56451 b

1registration has been revoked, including the reason for the
2revocation and the date the registration was revoked. The
3Department has the authority to assess a penalty against any
4day and temporary labor service agency that fails to register
5with the Department of Labor in accordance with this Act or any
6rules adopted under this Act of $500 for each violation. Each
7day during which a day and temporary labor service agency
8operates without registering with the Department shall be a
9separate and distinct violation of this Act.
10    (c) An applicant is not eligible to register to operate a
11day and temporary labor service agency under this Act if the
12applicant or any of its officers, directors, partners, or
13managers or any owner of 25% or greater beneficial interest:
14        (1) has been involved, as owner, officer, director,
15    partner, or manager, of any day and temporary labor
16    service agency whose registration has been revoked or has
17    been suspended without being reinstated within the 5 years
18    immediately preceding the filing of the application; or
19        (2) is under the age of 18.
20    (d) Every agency shall post and keep posted at each
21location, in a position easily accessible to all day or
22temporary laborers employees, notices as supplied and required
23by the Department containing a copy or summary of the
24provisions of the Act and a notice which informs the public of
25a toll-free telephone number for day or temporary laborers and
26the public to file wage dispute complaints and other alleged



HB3733 Enrolled- 29 -LRB103 30030 SPS 56451 b

1violations by day and temporary labor service agencies. Every
2day and temporary labor service agency employing day or
3temporary laborers who communicate with the day and temporary
4labor service agency by electronic communication shall also
5provide all required notices by email to its day or temporary
6laborers or on a website, regularly used by the employer to
7communicate work-related information, that all day or
8temporary laborers are able to regularly access, freely and
9without interference. Such notices shall be in English and or
10any other language generally understood in the locale of the
11day and temporary labor service agency.
12(Source: P.A. 100-517, eff. 6-1-18.)
13    Section 45. The Child Labor Law is amended by changing
14Sections 5, 17, and 17.3 as follows:
15    (820 ILCS 205/5)  (from Ch. 48, par. 31.5)
16    Sec. 5. Every employer covered by this Act shall post in a
17conspicuous place where minors under 16 years of age are
18employed, or allowed to work, a printed summary abstract of
19this Act and a list of the occupations prohibited to such
20minors, to be furnished by the Department of Labor. Such
21employers shall post in a conspicuous place where minors under
2216 years of age are employed, or allowed to work a printed
23notice stating the hours of commencing and stopping work, the
24hours when the time or times allowed for dinner or other meals,



HB3733 Enrolled- 30 -LRB103 30030 SPS 56451 b

1begin and end, and the Department's toll free telephone number
2established under Section 17.4. An employer with employees who
3do not regularly report to a physical workplace, such as
4employees who work remotely or travel for work, shall also
5provide the summary and notice by email to its employees or
6conspicuous posting on the employer's website or intranet
7site, if such site is regularly used by the employer to
8communicate work-related information to employees and is able
9to be regularly accessed by all employees, freely and without
10interference. The Department of Labor shall furnish this
11printed summary form of such notice shall be furnished by the
12Department of Labor.
13(Source: P.A. 88-365.)
14    (820 ILCS 205/17)  (from Ch. 48, par. 31.17)
15    Sec. 17. It shall be the duty of the Department of Labor to
16enforce the provisions of this Act. The Department of Labor
17shall have the power to conduct investigations in connection
18with the administration and enforcement of this Act and the
19authorized officers and employees of the Department of Labor
20are hereby authorized and empowered, to visit and inspect, at
21all reasonable times and as often as possible, all places
22covered by this Act. Truant officers and other school
23officials authorized by the board of education or school
24directors shall report violations under this Act to the
25Department of Labor, and may enter any place in which children



HB3733 Enrolled- 31 -LRB103 30030 SPS 56451 b

1are, or are believed to be employed and inspect the work
2certificates on file. Such truant officers or other school
3officials also are authorized to file complaints against any
4employer found violating the provisions of this Act in case no
5complaints for such violations are pending; and when such
6complaints are filed by truant officers or other school
7officials the State's attorneys of this state shall appear for
8the people, and attend to the prosecution of such complaints.
9The Department of Labor shall conduct hearings in accordance
10with "The Illinois Administrative Procedure Act", approved
11September 22, 1975, as amended, upon written complaint by an
12investigator of the Department of Labor, truant officer or
13other school official, or any interested person of a violation
14of the Act or to revoke any certificate under this Act. After
15such hearing, if supported by the evidence, the Department of
16Labor may issue and cause to be served on any party an order to
17cease and desist from violation of the Act, take such further
18affirmative or other action as deemed reasonable to eliminate
19the effect of the violation, and may revoke any certificate
20issued under the Act and determine the amount of any civil
21penalty allowed by the Act. The Department may serve such
22orders by certified mail or by sending a copy by email to an
23email address previously designated by the party for purposes
24of receiving notice under this Act. An email address provided
25by the party in the course of the administrative proceeding
26shall not be used in any subsequent proceedings, unless the



HB3733 Enrolled- 32 -LRB103 30030 SPS 56451 b

1party designates that email address for the subsequent
2proceeding. The Director of Labor or his authorized
3representative may compel by subpoena, the attendance and
4testimony of witnesses and the production of books, payrolls,
5records, papers and other evidence in any investigation or
6hearing and may administer oaths to witnesses.
7(Source: P.A. 80-1482.)
8    (820 ILCS 205/17.3)  (from Ch. 48, par. 31.17-3)
9    Sec. 17.3. Any employer who violates any of the provisions
10of this Act or any rule or regulation issued under the Act
11shall be subject to a civil penalty of not to exceed $5,000 for
12each such violation. In determining the amount of such
13penalty, the appropriateness of such penalty to the size of
14the business of the employer charged and the gravity of the
15violation shall be considered. The amount of such penalty,
16when finally determined, may be
17        (1) recovered in a civil action brought by the
18    Director of Labor in any circuit court, in which
19    litigation the Director of Labor shall be represented by
20    the Attorney General;
21        (2) ordered by the court, in an action brought for
22    violation under Section 19, to be paid to the Director of
23    Labor.
24    Any administrative determination by the Department of
25Labor of the amount of each penalty shall be final unless



HB3733 Enrolled- 33 -LRB103 30030 SPS 56451 b

1reviewed as provided in Section 17.1 of this Act.
2    Civil penalties recovered under this Section shall be paid
3by certified check, money order, or by an electronic payment
4system designated by the Department, and deposited into the
5Child Labor and Day and Temporary Labor Services Enforcement
6Fund, a special fund which is hereby created in the State
7treasury. Moneys in the Fund may be used, subject to
8appropriation, for exemplary programs, demonstration projects,
9and other activities or purposes related to the enforcement of
10this Act or for the activities or purposes related to the
11enforcement of the Day and Temporary Labor Services Act, or
12for the activities or purposes related to the enforcement of
13the Private Employment Agency Act.
14(Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16.)