Full Text of HB3733 103rd General Assembly
HB3733ham001 103RD GENERAL ASSEMBLY | Rep. Kevin John Olickal Filed: 3/6/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3733
| 2 | | AMENDMENT NO. ______. Amend House Bill 3733 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by changing | 5 | | Section 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 | 10 | | changing Section 2 as follows:
| 11 | | (820 ILCS 40/2) (from Ch. 48, par. 2002)
| 12 | | Sec. 2. Open Records. Every employer shall, upon an | 13 | | employee's request
which the employer may require be in | 14 | | writing on a form supplied by the
employer, permit the |
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| 1 | | employee to inspect any personnel documents which are,
have | 2 | | been or are intended to be used in determining that employee's | 3 | | qualifications for
employment, promotion, transfer,
additional | 4 | | compensation, discharge or other disciplinary action,
except | 5 | | as provided in Section 10. The inspection right
encompasses | 6 | | personnel documents in
the possession of a person, | 7 | | corporation, partnership, or other association
having a | 8 | | contractual agreement with the employer to keep or supply a | 9 | | personnel
record. An employee may request all or any part of | 10 | | his or her
records, except as provided in Section 10. The | 11 | | employer shall grant at least
2 inspection requests by an | 12 | | employee in a calendar year when requests are
made at | 13 | | reasonable intervals, unless otherwise
provided in a | 14 | | collective bargaining agreement. The employer
shall provide | 15 | | the employee with the inspection opportunity within 7 working
| 16 | | days after the employee makes the request or if the employer | 17 | | can reasonably
show that such deadline cannot be met, the | 18 | | employer shall have an
additional 7 days to comply. The | 19 | | inspection shall take place
at a location reasonably near the | 20 | | employee's place of employment and during
normal working | 21 | | hours.
The employer may allow the inspection to take place at a | 22 | | time other than
working hours or at a place other than where | 23 | | the records are maintained
if that time or place would be more | 24 | | convenient for the employee.
Nothing in this Act shall be | 25 | | construed as a requirement that an
employee be permitted to | 26 | | remove any part of such personnel records or any
part of such |
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| 1 | | records from the place on the employer's premises where it is
| 2 | | made available for inspection. Each employer shall retain the | 3 | | right to
protect his records from loss, damage, or alteration | 4 | | to insure the integrity
of the records. The
If an employee | 5 | | demonstrates that he or she is unable to review his or her | 6 | | personnel record
at the employing unit, the employer shall, | 7 | | upon the employee's written
request, email or mail a copy of | 8 | | the requested record to the employee by the email address or | 9 | | mailing address identified by the employee for the purpose of | 10 | | receiving the copy of requested record. An employer may charge | 11 | | a fee for providing a copy of the requested record. The fee | 12 | | shall be limited to the actual cost of duplicating the | 13 | | requested record .
| 14 | | (Source: P.A. 83-1362.)
| 15 | | (820 ILCS 40/3 rep.)
| 16 | | Section 15. The Personnel Record Review Act is amended by | 17 | | repealing Section 3. | 18 | | Section 20. The Minimum Wage Law is amended by changing | 19 | | Sections 9 and 12 as follows:
| 20 | | (820 ILCS 105/9) (from Ch. 48, par. 1009)
| 21 | | Sec. 9.
Every employer subject to any provision of this | 22 | | Act or of any
regulations issued under this Act shall keep a | 23 | | summary of this Act approved
by the Director, and copies of any |
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| 1 | | applicable regulations issued under this
Act or a summary of | 2 | | such regulations, posted in a conspicuous and
accessible place | 3 | | in or about the premises wherever any person subject to
this | 4 | | Act is employed. Every employer subject to any provision of | 5 | | this Act or any regulations issued under this Act with | 6 | | employees who do not regularly report to a physical workplace, | 7 | | such as employees who work remotely or travel for work, shall | 8 | | also provide the summaries and regulations by email to its | 9 | | employees or conspicuous posting on the employer's website or | 10 | | intranet site, if such site is regularly used by the employer | 11 | | to communicate work-related information to employees and is | 12 | | able to be regularly accessed by all employees, freely and | 13 | | without interference. Employers shall be furnished copies of | 14 | | such summaries
and regulations by the State on request without | 15 | | charge.
| 16 | | (Source: P.A. 77-1451.)
| 17 | | (820 ILCS 105/12) (from Ch. 48, par. 1012)
| 18 | | Sec. 12. (a) If any employee is paid by his employer less | 19 | | than the wage
to which he is entitled under the provisions of | 20 | | this Act, the employee may
recover in a civil
action treble the | 21 | | amount of any such underpayments together with costs and such
| 22 | | reasonable attorney's fees as may be allowed by the Court, and | 23 | | damages of 5% of the amount of any such underpayments for each | 24 | | month following the date of payment during which such | 25 | | underpayments remain unpaid. Any
agreement between the |
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| 1 | | employee and the employer to work for less than such wage is
no | 2 | | defense to such action. At the request of the employee or on | 3 | | motion
of the Director of Labor, the
Department of Labor may | 4 | | make an assignment of such wage claim in trust for
the | 5 | | assigning employee and may bring any legal action necessary to | 6 | | collect
such claim, and the employer shall be required to pay | 7 | | the costs incurred in
collecting such claim. Every such action | 8 | | shall be brought within
3 years from the date of the | 9 | | underpayment. Such employer shall be liable
to the Department | 10 | | of Labor for a penalty in an amount of up to 20% of the total | 11 | | employer's underpayment
where the employer's conduct is proven | 12 | | by a preponderance of the evidence to be willful, repeated, or | 13 | | with reckless disregard of this Act or any rule adopted under | 14 | | this Act. Such employer shall be liable to the Department for | 15 | | an additional penalty of $1,500 . All administrative penalties | 16 | | ordered under this Act shall be paid by certified check, money | 17 | | order, or by an electronic payment system designated by the | 18 | | Department, and shall be made , payable to or deposited into | 19 | | the Department's Wage Theft Enforcement Fund. Such employer | 20 | | shall be additionally
liable to the employee for damages in | 21 | | the amount of 5% of the amount
of any such underpayments for | 22 | | each month following the date of payment
during which such | 23 | | underpayments
remain unpaid. These penalties and damages may | 24 | | be recovered in a
civil action brought by the Director of Labor | 25 | | in any circuit court. In any
such action, the Director of Labor | 26 | | shall be represented by the Attorney
General.
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| 1 | | If an employee collects damages of 5% of the amount
of | 2 | | underpayments as a result of an action brought by the Director | 3 | | of Labor, the employee may not also collect those damages in a | 4 | | private action brought by the employee for the same violation. | 5 | | If an employee collects damages of 5% of the amount
of | 6 | | underpayments in a private action brought by the employee, the | 7 | | employee may not also collect those damages as a result of an | 8 | | action brought by the Director of Labor for the same | 9 | | violation.
| 10 | | (b) If an employee has not collected damages under | 11 | | subsection (a) for the same violation, the Director is | 12 | | authorized to supervise the payment of the unpaid
minimum | 13 | | wages and the unpaid overtime compensation owing to any | 14 | | employee
or employees under Sections 4 and 4a of this Act and | 15 | | may bring any legal
action necessary to recover the amount of | 16 | | the unpaid minimum wages and unpaid
overtime compensation and | 17 | | an equal additional amount as
damages,
and the employer shall | 18 | | be required to pay the costs incurred in collecting such | 19 | | claim. Such employer shall be additionally liable to the | 20 | | Department of Labor for up to 20% of the total employer's | 21 | | underpayment where the employer's conduct is proven by a | 22 | | preponderance of the evidence to be willful, repeated, or with | 23 | | reckless disregard of this Act or any rule adopted under this | 24 | | Act. Such employer shall be liable to the Department of Labor | 25 | | for an additional penalty of $1,500, payable to the | 26 | | Department's Wage Theft Enforcement Fund.
The action shall be |
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| 1 | | brought within 5 years from the date of the failure to
pay
the | 2 | | wages or compensation.
Any sums thus recovered
by the Director | 3 | | on behalf of an employee pursuant to this subsection shall
be | 4 | | paid to the employee or employees affected. Any sums which, | 5 | | more than one
year after being thus recovered, the Director is | 6 | | unable to pay to
an employee shall be deposited into the | 7 | | General Revenue Fund.
| 8 | | (Source: P.A. 101-1, eff. 2-19-19.)
| 9 | | Section 25. The Equal Pay Act of 2003 is amended by | 10 | | changing Sections 11, 30, and 40, and by adding Section 33 as | 11 | | follows: | 12 | | (820 ILCS 112/11) | 13 | | Sec. 11. Equal pay registration certificate requirements; | 14 | | application. For the purposes of this Section 11 only, | 15 | | "business" means any private employer who has 100 or more | 16 | | employees in the State of Illinois and is required to file an | 17 | | Annual Employer Information Report EEO-1 with the Equal | 18 | | Employment Opportunity Commission, but does not include the | 19 | | State of Illinois or any political subdivision, municipal | 20 | | corporation, or other governmental unit or agency. | 21 | | (a) A business must obtain an equal pay registration | 22 | | certificate from the Department. | 23 | | (b) Any business subject to the requirements of this | 24 | | Section that is authorized to transact business in this State |
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| 1 | | on March 23, 2021 shall submit an application to obtain an | 2 | | equal pay registration certificate, between March 24, 2022 and | 3 | | March 23, 2024, and must recertify every 2 years thereafter. | 4 | | Any business subject to the requirements of this Section that | 5 | | is authorized to transact business in this State after March | 6 | | 23, 2021 must submit an application to obtain an equal pay | 7 | | registration certificate within 3 years of commencing business | 8 | | operations, but not before January 1, 2024, and must recertify | 9 | | every 2 years thereafter. The Department shall collect contact | 10 | | information from each business subject to this Section. The | 11 | | Department shall assign each business a date by which it must | 12 | | submit an application to obtain an equal pay registration | 13 | | certificate. The business shall recertify every 2 years at a | 14 | | date to be determined by the Department. When a business | 15 | | receives a notice from the Department to recertify for its | 16 | | equal pay registration certificate, if the business has fewer | 17 | | than 100 employees, the business must certify in writing to | 18 | | the Department that it is exempt from this Section. Any new | 19 | | business that is subject to this Section and authorized to | 20 | | conduct business in this State, after the effective date of | 21 | | this amendatory Act of the 102nd General Assembly, shall | 22 | | submit its contact information to the Department by January 1 | 23 | | of the following year and shall be assigned a date by which it | 24 | | must submit an application to obtain an equal pay registration | 25 | | certificate. The Department's failure to assign a business a | 26 | | registration date does not exempt the business from compliance |
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| 1 | | with this Section. The failure of the Department to notify a | 2 | | business of its recertification deadline may be a mitigating | 3 | | factor when making a determination of a violation of this | 4 | | Section. | 5 | | (c) Application. | 6 | | (1) A business shall apply for an equal pay | 7 | | registration certificate by paying a $150 filing fee and | 8 | | submitting wage records and an equal pay compliance | 9 | | statement to the Director as follows: | 10 | | (A) Wage Records. Any business that is required to | 11 | | file an annual Employer Information Report EEO-1 with | 12 | | the Equal Employment Opportunity Commission must also | 13 | | submit to the Director a copy of the business's most | 14 | | recently filed Employer Information Report EEO-1. The | 15 | | business shall also compile a list of all employees | 16 | | during the past calendar year, separated by gender and | 17 | | the race and ethnicity categories as reported in the | 18 | | business's most recently filed Employer Information | 19 | | Report EEO-1, and the county in which the employee | 20 | | works, the date the employee started working for the | 21 | | business, any other information the Department deems | 22 | | necessary to determine if pay equity exists among | 23 | | employees, and report the total wages as defined by | 24 | | Section 2 of the Illinois Wage Payment and Collection | 25 | | Act paid to each employee during the past calendar | 26 | | year, rounded to the nearest $100, to the Director. |
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| 1 | | (B) Equal Pay Compliance Statement. The business | 2 | | must submit a statement signed by a corporate officer, | 3 | | legal counsel, or authorized agent of the business | 4 | | certifying: | 5 | | (i) that the business is in compliance with | 6 | | this Act and other relevant laws, including but | 7 | | not limited to: Title VII of the Civil Rights Act | 8 | | of 1964, the Equal Pay Act of 1963, the Illinois | 9 | | Human Rights Act, and the Equal Wage Act; | 10 | | (ii) that the average compensation for its | 11 | | female and minority employees is not consistently | 12 | | below the average compensation , as determined by | 13 | | rule by the United States Department of Labor, for | 14 | | its male and non-minority employees within each of | 15 | | the major job categories in the Employer | 16 | | Information Report EEO-1 for which an employee is | 17 | | expected to perform work, taking into account | 18 | | factors such as length of service, requirements of | 19 | | specific jobs, experience, skill, effort, | 20 | | responsibility, working conditions of the job, | 21 | | education or training, job location, use of a | 22 | | collective bargaining agreement, or other | 23 | | mitigating factors; as used in this subparagraph, | 24 | | "minority" has the meaning ascribed to that term | 25 | | in paragraph (1) of subsection (A) of Section 2 of | 26 | | the Business Enterprise for Minorities, Women, and |
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| 1 | | Persons with Disabilities Act ; and as used in this | 2 | | subparagraph, "compensation" means remuneration or | 3 | | compensation an employee receives in return for | 4 | | services rendered to an employer, including hourly | 5 | | wages, overtime wages, commissions, piece rate | 6 | | work, salary, bonuses, or any other basis of | 7 | | calculation for services performed ; | 8 | | (iii) that the business does not restrict | 9 | | employees of one sex to certain job | 10 | | classifications, and makes retention and promotion | 11 | | decisions without regard to sex; | 12 | | (iv) that wage and benefit disparities are | 13 | | corrected when identified to ensure compliance | 14 | | with the Acts cited in item (i); | 15 | | (v) how often wages and benefits are | 16 | | evaluated; and | 17 | | (vi) the approach the business takes in | 18 | | determining what level of wages and benefits to | 19 | | pay its employees; acceptable approaches include, | 20 | | but are not limited to, a wage and salary survey. | 21 | | (C) Filing fee. The business shall pay to the | 22 | | Department a filing fee of $150. Proceeds from the | 23 | | fees collected under this Section shall be deposited | 24 | | into the Equal Pay Registration Fund, a special fund | 25 | | created in the State treasury. Moneys in the Fund | 26 | | shall be appropriated to the Department for the |
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| 1 | | purposes of this Section. | 2 | | (2) Receipt of the equal pay compliance application | 3 | | and statement by the Director does not establish | 4 | | compliance with the Acts set forth in item (i) of | 5 | | subparagraph (B) of paragraph (1) of this subsection (c). | 6 | | (3) A business that has employees in multiple | 7 | | locations or facilities in
Illinois shall submit a single | 8 | | application to the Department regarding all of its
| 9 | | operations in Illinois. | 10 | | (d) Issuance or rejection of registration certificate. | 11 | | After January 1, 2022, the Director must issue an equal pay | 12 | | registration certificate, or a statement of why the | 13 | | application was rejected, within 45 calendar days of receipt | 14 | | of the application. Applicants shall have the opportunity to | 15 | | cure any deficiencies in its application that led to the | 16 | | rejection, and re-submit the revised application to the | 17 | | Department within 30 calendar days of receiving a rejection. | 18 | | Applicants shall have the ability to appeal rejected | 19 | | applications. An application may be rejected only if it does | 20 | | not comply with the requirements of subsection (c), or the | 21 | | business is otherwise found to be in violation of this Act. The | 22 | | receipt of an application by the Department, or the issuance | 23 | | of a registration certificate by the Department, shall not | 24 | | establish compliance with the Equal Pay Act of 2003 as to all | 25 | | Sections except Section 11. The issuance of a registration | 26 | | certificate shall not be a defense against any Equal Pay Act |
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| 1 | | violation found by the Department, nor a basis for mitigation | 2 | | of damages. | 3 | | (e) Revocation of registration certificate. An equal pay | 4 | | registration certificate for a business may be suspended or | 5 | | revoked by the Director when the business fails to make a good | 6 | | faith effort to comply with the Acts identified in item (i) of | 7 | | subparagraph (B) of paragraph (1) of subsection (c), fails to | 8 | | make a good faith effort to comply with this Section, or has | 9 | | multiple violations of this Section or the Acts identified in | 10 | | item (i) of subparagraph (B) of paragraph (1) of subsection | 11 | | (c). Prior to suspending or revoking a registration | 12 | | certificate, the Director must first have sought to conciliate | 13 | | with the business regarding wages and benefits due to | 14 | | employees. | 15 | | Consistent with Section 25, prior to or in connection with | 16 | | the suspension or revocation of an equal pay registration | 17 | | certificate, the Director, or his or her authorized | 18 | | representative, may interview workers, administer oaths, take | 19 | | or cause to be taken the depositions of witnesses, and require | 20 | | by subpoena the attendance and testimony of witnesses, and the | 21 | | production of personnel and compensation information relative | 22 | | to the matter under investigation, hearing or a | 23 | | department-initiated audit. | 24 | | Neither the Department nor the Director shall be held | 25 | | liable for good faith errors in issuing, denying, suspending | 26 | | or revoking certificates. |
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| 1 | | (f) Administrative review. A business may obtain an | 2 | | administrative hearing in accordance with the Illinois | 3 | | Administrative Procedure Act before the suspension or | 4 | | revocation of its certificate or imposition of civil penalties | 5 | | as provided by subsection (i) is effective by filing a written | 6 | | request for hearing within 20 calendar days after service of | 7 | | notice by the Director. | 8 | | (g) Technical assistance. The Director must provide | 9 | | technical assistance to any business that requests assistance | 10 | | regarding this Section. | 11 | | (h) Access to data. | 12 | | (1) Any individually identifiable information | 13 | | submitted to the Director within or related to an equal | 14 | | pay registration application or otherwise provided by an | 15 | | employer in its equal pay compliance statement under | 16 | | subsection (c) shall be considered confidential | 17 | | information and not subject to disclosure pursuant to the | 18 | | Illinois Freedom of Information Act. As used in this | 19 | | Section, "individually identifiable information" means | 20 | | data submitted pursuant to this Section that is associated | 21 | | with a specific person or business. Aggregate data or | 22 | | reports that are reasonably calculated to prevent the | 23 | | association of any data with any individual business or | 24 | | person are not confidential information. Aggregate data | 25 | | shall include the job category and the average hourly wage | 26 | | by county for each gender, race, and ethnicity category on |
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| 1 | | the registration certificate applications. The Department | 2 | | of Labor may compile aggregate data from registration | 3 | | certificate applications. | 4 | | (2) The Director's decision to issue, not issue, | 5 | | revoke, or suspend an equal pay registration certificate | 6 | | is public information. | 7 | | (3) Notwithstanding this subsection (h), a current | 8 | | employee of a covered business may request anonymized data | 9 | | regarding their job classification or title and the pay | 10 | | for that classification. No individually identifiable | 11 | | information may be provided to an employee making a | 12 | | request under this paragraph. | 13 | | (4) Notwithstanding this subsection (h), the | 14 | | Department may share data and identifiable information | 15 | | with the Department of Human Rights, pursuant to its | 16 | | enforcement of Article 2 of the Illinois Human Rights Act, | 17 | | or the Office of the Attorney General, pursuant to its | 18 | | enforcement of Section 10-104 of the Illinois Human Rights | 19 | | Act. | 20 | | (5) Any Department employee who willfully and | 21 | | knowingly divulges, except in accordance with a proper | 22 | | judicial order or otherwise provided by law, confidential | 23 | | information received by the Department from any business | 24 | | pursuant to this Act shall be deemed to have violated the | 25 | | State Officials and Employees Ethics Act and be subject to | 26 | | the penalties established under subsections (e) and (f) of |
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| 1 | | Section 50-5 of that Act after investigation and | 2 | | opportunity for hearing before the Executive Ethics | 3 | | Commission in accordance with Section 20-50 of that Act. | 4 | | (i) Penalty. Falsification or misrepresentation of | 5 | | information on an application submitted to the Department | 6 | | shall constitute a violation of this Act and the Department | 7 | | may seek to suspend or revoke an equal pay registration | 8 | | certificate or impose civil penalties as provided under | 9 | | subsection (c) of Section 30.
| 10 | | (Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; | 11 | | 102-705, eff. 4-22-22.)
| 12 | | (820 ILCS 112/30)
| 13 | | Sec. 30. Violations; fines and penalties.
| 14 | | (a) If an employee is paid by his or her employer less than | 15 | | the wage to
which he or
she is entitled in
violation of Section | 16 | | 10 or 11 of this Act, the employee may recover in a civil | 17 | | action
the entire amount of any
underpayment together with | 18 | | interest, compensatory damages if the employee demonstrates | 19 | | that the employer acted with malice or reckless indifference, | 20 | | punitive damages as may be appropriate, injunctive relief as | 21 | | may be appropriate, and the costs and reasonable attorney's
| 22 | | fees as may be
allowed by the
court and as necessary to make | 23 | | the employee whole. At the request of the
employee or on a | 24 | | motion of the Director,
the Department may
make an assignment | 25 | | of the wage claim in trust for the assigning employee and
may |
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| 1 | | bring any
legal action necessary to collect the claim, and the | 2 | | employer shall be required
to pay the costs
incurred in | 3 | | collecting the claim. Every such action shall be brought | 4 | | within 5
years from the date
of the underpayment. For purposes | 5 | | of this Act, "date of the underpayment" means each time wages | 6 | | are underpaid.
| 7 | | (a-5) If an employer violates subsection (b), (b-5), | 8 | | (b-10), or (b-20) of Section 10, the employee may recover in a | 9 | | civil action any damages incurred, special damages not to | 10 | | exceed $10,000, injunctive relief as may be appropriate, and | 11 | | costs and reasonable attorney's fees as may be allowed by the | 12 | | court and as necessary to make the employee whole. If special | 13 | | damages are available, an employee may recover compensatory | 14 | | damages only to the extent such damages exceed the amount of | 15 | | special damages. Such action shall be brought within 5 years | 16 | | from the date of the violation. | 17 | | (b) The Director is authorized to supervise the payment of | 18 | | the unpaid wages under subsection (a) or damages under | 19 | | subsection (b), (b-5), (b-10), or (b-20) of Section 10
owing | 20 | | to any
employee or employees under this Act and may bring any | 21 | | legal action necessary
to recover the
amount of unpaid wages, | 22 | | damages, and penalties or to seek injunctive relief, and the | 23 | | employer shall be required to pay
the costs. Any
sums | 24 | | recovered by the Director on behalf of an employee under this
| 25 | | Section shall be
paid to the employee or employees affected.
| 26 | | (c) Employers who violate any provision of this Act or any |
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| 1 | | rule
adopted under the Act are subject to a civil penalty , | 2 | | payable to the Department, for each employee affected as | 3 | | follows: | 4 | | (1) An employer with fewer than 4 employees: first | 5 | | offense, a fine not to exceed $500; second offense, a fine | 6 | | not to exceed $2,500; third or subsequent offense, a fine | 7 | | not to exceed $5,000. | 8 | | (2) An employer with between 4 and 99 employees: first | 9 | | offense, a fine not to exceed $2,500; second offense, a | 10 | | fine not to exceed $3,000; third or subsequent offense, a | 11 | | fine not to exceed $5,000. | 12 | | (3) An employer with 100 or more employees who | 13 | | violates any Section of this Act except for Section 11 | 14 | | shall be fined up to $10,000 per employee affected. An | 15 | | employer with 100 or more employees that is a business as | 16 | | defined under Section 11 and commits a violation of | 17 | | Section 11 shall be fined up to $10,000. | 18 | | Before any imposition of a penalty under this subsection, | 19 | | an employer with 100 or more employees who violates item (b) of | 20 | | Section 11 and inadvertently fails to file an initial | 21 | | application or recertification shall be provided 30 calendar | 22 | | days by the Department to submit the application or | 23 | | recertification. | 24 | | An employer or person who violates subsection (b), (b-5), | 25 | | (b-10), (b-20), or (c) of Section 10 is subject to a civil | 26 | | penalty not to exceed $5,000 for each violation for each |
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| 1 | | employee affected , payable to the Department . | 2 | | (d) In determining the amount of the penalty, the
| 3 | | appropriateness of the
penalty to the size of the business of | 4 | | the employer charged and the gravity of
the violation shall
be | 5 | | considered. The penalty may be recovered in a civil action | 6 | | brought by the
Director in
any circuit court.
| 7 | | (Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
| 8 | | (820 ILCS 112/33 new) | 9 | | Sec. 33. Equal Pay Fund. All moneys owed to the Department | 10 | | under this Act shall be deposited into the Equal Pay Fund and | 11 | | may be appropriated to the Department for the administration | 12 | | and enforcement of this Act.
| 13 | | (820 ILCS 112/40)
| 14 | | Sec. 40. Notification. Every employer covered by this Act | 15 | | shall post and
keep posted, in conspicuous places on the | 16 | | premises of the employer where
notices to employees are | 17 | | customarily posted, a notice, to be prepared or
approved by | 18 | | the Director, summarizing the requirements of this Act and
| 19 | | information pertaining to the filing of a charge. Every | 20 | | employer with employees who do not regularly report to a | 21 | | physical workplace, such as employees who work remotely or | 22 | | travel for work, shall also provide the summary and notice by | 23 | | email to its employees or conspicuous posting on the | 24 | | employer's website or intranet site, if such site is regularly |
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| 1 | | used by the employer to communicate work-related information | 2 | | to employees and is able to be regularly accessed by all | 3 | | employees, freely and without interference. The Director shall | 4 | | furnish
copies of summaries and rules to employers upon | 5 | | request without charge.
| 6 | | (Source: P.A. 93-6, eff. 1-1-04.)
| 7 | | Section 30. The Illinois Wage Payment and Collection Act | 8 | | is amended by changing Sections 3 and 11 as follows:
| 9 | | (820 ILCS 115/3) (from Ch. 48, par. 39m-3)
| 10 | | Sec. 3.
Every employer shall be required, at least | 11 | | semi-monthly, to pay
every
employee all wages earned during | 12 | | the semi-monthly pay period. Wages of
executive, | 13 | | administrative and professional employees, as defined in the
| 14 | | Federal Fair Labor Standards Act of 1939, may be paid once a | 15 | | month.
Commissions may be paid once a month.
At the request of | 16 | | a person employed by an employment or labor placement
agency | 17 | | which, in the ordinary course of business, makes daily wage | 18 | | payments to
employees,
the agency shall hold the daily wages | 19 | | and make either weekly or semi-monthly
payments.
Upon the | 20 | | written request of the employee, the wage shall be paid in a | 21 | | single
check representing the wages earned during the period, | 22 | | either weekly or
semi-monthly, designated by the employee in | 23 | | accordance with Section 4 of this
Act. Employment and labor | 24 | | placement agencies that make daily wage payments
shall provide |
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| 1 | | written notification to all daily
wage payment employees of | 2 | | the right to request weekly or semi-monthly checks.
The | 3 | | employer may provide this notice by conspicuously posting the | 4 | | notice at the
location where the wages are received by the | 5 | | daily wage employees. Every employer with employees who do not | 6 | | regularly report to a physical workplace, such as employees | 7 | | who work remotely or travel for work, shall also provide the | 8 | | summary and notice by email to its employees or conspicuous | 9 | | posting on the employer's website or intranet site, if such | 10 | | site is regularly used by the employer to communicate | 11 | | work-related information to employees and is able to be | 12 | | regularly accessed by all employees, freely and without | 13 | | interference.
| 14 | | (Source: P.A. 89-364, eff. 8-18-95.)
| 15 | | (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
| 16 | | Sec. 11. It shall be the duty of the Department of Labor to | 17 | | inquire diligently
for any violations of this Act, and to | 18 | | institute the actions for violations and penalties
herein | 19 | | provided, at the request of the employee or on motion of the | 20 | | Director of Labor, and to enforce generally the provisions of | 21 | | this Act.
| 22 | | An employee may file a complaint with the Department | 23 | | alleging violations of the Act by submitting a signed, | 24 | | completed wage claim application on the form provided by the | 25 | | Department and by submitting copies of all supporting |
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| 1 | | documentation. Complaints shall be filed within one year after | 2 | | the wages, final compensation, or wage supplements were due. | 3 | | Wage claim applications Applications shall be reviewed by | 4 | | the Department to determine whether there is cause and | 5 | | sufficient resources for investigation.
| 6 | | The Department shall have the following powers:
| 7 | | (a) To investigate and attempt equitably to adjust | 8 | | controversies between
employees and employers in respect | 9 | | of wage claims arising under this Act
and to that end the | 10 | | Department through the Director of Labor or any other
| 11 | | person in the Department of Labor designated by him or | 12 | | her, shall have the
power to administer oaths, subpoena | 13 | | and examine witnesses, to issue subpoenas
duces tecum | 14 | | requiring the production of such books, papers, records | 15 | | and
documents as may be evidence of any matter under | 16 | | inquiry and to examine and
inspect the same as may relate | 17 | | to the question in dispute. Service of such
subpoenas | 18 | | shall be made by any sheriff or any person. Any
court in | 19 | | this State, upon the application of the Department
may | 20 | | compel attendance of witnesses, the
production of books | 21 | | and papers, and the giving of testimony before the
| 22 | | Department by attachment for contempt or in any other way | 23 | | as the production
of evidence may be compelled before such | 24 | | court.
| 25 | | (b) To take assignments of wage claims in the name of | 26 | | the Director of
Labor and his or her successors in office |
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| 1 | | and prosecute actions for the
collection of wages for | 2 | | persons financially unable to prosecute such claims when | 3 | | in
the judgment of the Department such claims are valid | 4 | | and enforceable in the
courts. No court costs or any fees | 5 | | for necessary process and
proceedings shall be payable in | 6 | | advance by the Department for prosecuting
such actions. In | 7 | | the event there is a judgment rendered against the
| 8 | | defendant, the court shall assess as part of such judgment | 9 | | the costs of
such proceeding. Upon collection of such | 10 | | judgments the Department shall pay
from the proceeds of | 11 | | such judgment such costs to such person who is by law
| 12 | | entitled to same. The Department may join in a single | 13 | | proceeding any number
of wage claims against the same | 14 | | employer but the court shall have
discretionary power to | 15 | | order a severance or separate trial for hearings.
| 16 | | (c) To make complaint in any court of competent | 17 | | jurisdiction of
violations of this Act.
| 18 | | (d) In addition to the aforementioned powers, subject | 19 | | to appropriation, the Department may establish an | 20 | | administrative procedure to adjudicate claims and to issue | 21 | | final and binding administrative decisions on such claims | 22 | | subject to the Administrative Review Law. To establish | 23 | | such a procedure, the Director of Labor or her or his | 24 | | authorized representative may promulgate rules and | 25 | | regulations. The adoption, amendment or rescission of | 26 | | rules and regulations for such a procedure shall be in |
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| 1 | | conformity with the requirements of the Illinois | 2 | | Administrative Procedure Act. If a final and binding | 3 | | administrative decision issued by the Department requires | 4 | | an employer or other party to pay wages, penalties, or | 5 | | other amounts in connection with a wage claim, and the | 6 | | employer or other party has neither: (i) made the required | 7 | | payment within 35 days of the issuance of the final and | 8 | | binding administrative decision; nor (ii) timely filed a | 9 | | complaint seeking review of the final and binding | 10 | | administrative decision pursuant to the Administrative | 11 | | Review Law in a court of competent jurisdiction, the | 12 | | Department may file a verified petition against the | 13 | | employer or other party to enforce the final | 14 | | administrative decision and to collect any amounts due in | 15 | | connection therewith in the circuit court of any county | 16 | | where an official office of the Department is located. | 17 | | Nothing herein shall be construed to prevent any employee | 18 | | from making
complaint or prosecuting his or her own claim for | 19 | | wages. Any employee aggrieved by a violation of this Act or any | 20 | | rule adopted under this Act may file suit in circuit court of | 21 | | Illinois, in the county where the alleged violation occurred | 22 | | or where any employee who is party to the action resides, | 23 | | without regard to exhaustion of any alternative administrative | 24 | | remedies provided in this Act. Actions may be brought by one or | 25 | | more employees for and on behalf of themselves and other | 26 | | employees similarly situated.
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| 1 | | Nothing herein shall be construed to limit the authority | 2 | | of the State's
attorney of any county to prosecute actions for | 3 | | violation of this Act or
to enforce the provisions thereof | 4 | | independently and without specific direction
of the Department | 5 | | of Labor.
| 6 | | (Source: P.A. 101-509, eff. 1-1-20 .)
| 7 | | (820 ILCS 125/Act rep.)
| 8 | | Section 35. The Wages of Women and Minors Act is repealed. | 9 | | Section 40. The Day and Temporary Labor Services Act is | 10 | | amended by changing Section 45 as follows:
| 11 | | (820 ILCS 175/45)
| 12 | | Sec. 45. Registration; Department of Labor. | 13 | | (a) A day and temporary
labor service
agency which is | 14 | | located, operates or transacts business within this State | 15 | | shall register with the Department of Labor in accordance with | 16 | | rules
adopted by the Department for day and temporary labor | 17 | | service
agencies and shall be subject to this Act and any rules | 18 | | adopted under this Act. Each day and temporary labor service | 19 | | agency shall provide proof of an employer account number | 20 | | issued by the Department of Employment Security for the | 21 | | payment of unemployment insurance contributions as required | 22 | | under the Unemployment Insurance Act, and proof of valid | 23 | | workers' compensation insurance in effect at the time of |
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| 1 | | registration covering all of its employees. If, at any time, a | 2 | | day and temporary labor service agency's workers' compensation | 3 | | insurance coverage lapses, the agency shall have an | 4 | | affirmative duty to report the lapse of such coverage to the | 5 | | Department and the agency's registration shall be suspended | 6 | | until the agency's workers' compensation insurance is | 7 | | reinstated. The Department may assess each day and temporary | 8 | | labor service agency a non-refundable
registration fee
not | 9 | | exceeding $1,000 per year per agency and a non-refundable fee | 10 | | not to exceed $250 for each branch office or other location | 11 | | where the agency regularly contracts with day or temporary | 12 | | laborers for services. The fee may be paid by check, money | 13 | | order, or the State Treasurer's E-Pay program or any successor | 14 | | program,
and the Department may not refuse to accept a check on | 15 | | the basis that it is
not a certified check or a cashier's | 16 | | check. The Department may charge an
additional fee to be paid | 17 | | by a day and temporary labor service agency if the agency, or | 18 | | any person on the
agency's behalf, issues or delivers a check | 19 | | to the Department that is not
honored by the financial | 20 | | institution upon which it is drawn. The Department
shall also | 21 | | adopt rules
for violation
hearings and penalties for | 22 | | violations of this Act or the Department's rules
in | 23 | | conjunction with the penalties set forth in this Act. | 24 | | (a-1) At the time of registration with the Department of | 25 | | Labor each year, the day and temporary labor service agency | 26 | | shall submit to the Department of Labor a report containing |
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| 1 | | the information identified in paragraph (9) of subsection (a) | 2 | | of Section 12, broken down by branch office, in the aggregate | 3 | | for all day or temporary laborers assigned within Illinois and | 4 | | subject to this Act during the preceding year. This | 5 | | information shall be submitted on a form created by the | 6 | | Department of Labor. The Department of Labor shall aggregate | 7 | | the information submitted by all registering day and temporary | 8 | | labor service agencies by removing identifying data and shall | 9 | | have the information available to the public only on a | 10 | | municipal and county basis. As used in this paragraph, | 11 | | "identifying data" means any and all information that: (i) | 12 | | provides specific information on individual worker identity; | 13 | | (ii) identifies the service agency in any manner; and (iii) | 14 | | identifies clients utilizing the day and temporary labor | 15 | | service agency or any other information that can be traced | 16 | | back to any specific registering day and temporary labor | 17 | | service agency or its client. The information and reports | 18 | | submitted to the Department of Labor under this subsection by | 19 | | the registering day and temporary labor service agencies are | 20 | | exempt from inspection and copying under Section 7.5 of the | 21 | | Freedom of Information Act. | 22 | | (b) It is a violation of this Act to operate a day and | 23 | | temporary labor service agency without first registering with | 24 | | the Department in accordance with subsection (a) of this | 25 | | Section. The Department shall create and maintain at regular | 26 | | intervals on its website, accessible to the public: (1) a list |
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| 1 | | of all registered day and temporary labor service agencies in | 2 | | the State whose registration is in good standing; (2) a list of | 3 | | day and temporary labor service agencies in the State whose | 4 | | registration has been suspended, including the reason for the | 5 | | suspension, the date the suspension was initiated, and the | 6 | | date, if known, the suspension is to be lifted; and (3) a list | 7 | | of day and temporary labor service agencies in the State whose | 8 | | registration has been revoked, including the reason for the | 9 | | revocation and the date the registration was revoked. The | 10 | | Department has the authority to assess a penalty against any | 11 | | day and temporary labor service agency that fails to register | 12 | | with the Department of Labor in accordance with this Act or any | 13 | | rules adopted under this Act of $500 for each violation. Each | 14 | | day during which a day and temporary labor service agency | 15 | | operates without registering with the Department shall be a | 16 | | separate and distinct violation of this Act. | 17 | | (c) An applicant is not eligible to register to operate a | 18 | | day and temporary labor service agency under this Act if the | 19 | | applicant or any of its officers, directors, partners, or | 20 | | managers or any owner of 25% or greater beneficial interest: | 21 | | (1) has been involved, as owner, officer, director, | 22 | | partner, or manager, of any day and temporary labor | 23 | | service agency whose registration has been revoked or has | 24 | | been suspended without being reinstated within the 5 years | 25 | | immediately preceding the filing of the application; or | 26 | | (2) is under the age of 18. |
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| 1 | | (d) Every agency shall post and keep posted at each | 2 | | location, in a position easily accessible to all day or | 3 | | temporary laborers employee s, notices as supplied and required | 4 | | by the Department containing a copy or summary of the | 5 | | provisions of the Act and
a notice which informs
the public of | 6 | | a toll-free telephone number for day or temporary laborers
and | 7 | | the public to
file wage dispute complaints and other alleged | 8 | | violations by
day and temporary labor service
agencies . Every | 9 | | day and temporary
labor service
agency employing day or | 10 | | temporary laborers who communicate with the day and temporary
| 11 | | labor service
agency by electronic communication shall also | 12 | | provide all required notices by email to its day or temporary | 13 | | laborers or on a website, regularly used by the employer to | 14 | | communicate work-related information, that all day or | 15 | | temporary laborers are able to regularly access, freely and | 16 | | without interference . Such notices shall be in English and or | 17 | | any other language generally understood in the locale of the | 18 | | day and temporary labor service agency.
| 19 | | (Source: P.A. 100-517, eff. 6-1-18 .)
| 20 | | Section 45. The Child Labor Law is amended by changing | 21 | | Sections 5, 17, and 17.3 as follows:
| 22 | | (820 ILCS 205/5) (from Ch. 48, par. 31.5)
| 23 | | Sec. 5.
Every employer covered by this Act shall post in a | 24 | | conspicuous
place where minors under 16 years of age are |
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| 1 | | employed, or allowed to work, a
printed summary abstract of | 2 | | this Act and a list of the occupations prohibited to
such | 3 | | minors, to be furnished by the Department of Labor. Such | 4 | | employers
shall post in a conspicuous place where minors under | 5 | | 16 years of age are
employed, or allowed to work a printed | 6 | | notice stating the hours of
commencing and stopping work, the | 7 | | hours when the time or times allowed
for dinner or other meals, | 8 | | begin and end, and the Department's toll free
telephone number | 9 | | established under Section 17.4. An employer with employees who | 10 | | do not regularly report to a physical workplace, such as | 11 | | employees who work remotely or travel for work, shall also | 12 | | provide the summary and notice by email to its employees or | 13 | | conspicuous posting on the employer's website or intranet | 14 | | site, if such site is regularly used by the employer to | 15 | | communicate work-related information to employees and is able | 16 | | to be regularly accessed by all employees, freely and without | 17 | | interference. The Department of Labor shall furnish this | 18 | | printed summary form of such
notice shall be furnished by the | 19 | | Department of Labor .
| 20 | | (Source: P.A. 88-365.)
| 21 | | (820 ILCS 205/17) (from Ch. 48, par. 31.17)
| 22 | | Sec. 17.
It shall be the duty of the Department of Labor to | 23 | | enforce
the provisions of this Act. The Department of Labor | 24 | | shall have the power
to conduct investigations in connection | 25 | | with the administration and enforcement
of this Act and the |
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| 1 | | authorized
officers and employees of the Department of Labor | 2 | | are hereby
authorized and empowered, to visit and inspect, at | 3 | | all reasonable times
and as often as possible, all places | 4 | | covered by this Act. Truant
officers and other school | 5 | | officials authorized by the board of education
or school | 6 | | directors shall report violations under this Act to the
| 7 | | Department of Labor, and may enter any place in which children | 8 | | are, or
are believed to be employed and inspect the work | 9 | | certificates on file.
Such truant officers or other school | 10 | | officials also are authorized to
file complaints against any | 11 | | employer found violating the provisions of
this Act in case no | 12 | | complaints for such violations are pending; and when
such | 13 | | complaints are filed by truant officers or other school | 14 | | officials
the State's attorneys of this state shall appear for | 15 | | the people, and
attend to the prosecution of such complaints. | 16 | | The Department of Labor shall
conduct hearings in accordance | 17 | | with "The Illinois Administrative Procedure
Act", approved | 18 | | September 22, 1975, as amended, upon written complaint by
an | 19 | | investigator of the Department of Labor, truant officer or | 20 | | other school
official, or any interested person of a violation | 21 | | of the Act or to revoke
any certificate under this Act. After | 22 | | such hearing, if supported by the
evidence, the Department of | 23 | | Labor may issue and cause to be served on any
party an order to | 24 | | cease and desist from violation of the Act, take such
further | 25 | | affirmative or other action as deemed reasonable to eliminate | 26 | | the
effect of the violation, and may revoke any certificate |
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| 1 | | issued under the
Act and determine the amount of any civil | 2 | | penalty allowed by the Act. The Department may serve such | 3 | | orders by certified mail or by sending a copy by email to an | 4 | | email address previously designated by the party for purposes | 5 | | of receiving notice under this Act. An email address provided | 6 | | by the party in the course of the administrative proceeding | 7 | | shall not be used in any subsequent proceedings, unless the | 8 | | party designates that email address for the subsequent | 9 | | proceeding. The
Director of Labor or his authorized | 10 | | representative may compel by subpoena,
the attendance and | 11 | | testimony of witnesses and the production of books,
payrolls, | 12 | | records, papers and other evidence in any investigation or
| 13 | | hearing and may administer oaths to witnesses.
| 14 | | (Source: P.A. 80-1482.)
| 15 | | (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
| 16 | | Sec. 17.3.
Any employer who violates any of the provisions | 17 | | of this
Act or any rule or regulation issued under the Act | 18 | | shall be subject to a
civil penalty of not to exceed $5,000 for | 19 | | each such violation. In
determining the amount of such | 20 | | penalty, the appropriateness of such
penalty to the size of | 21 | | the business of the employer charged and the
gravity of the | 22 | | violation shall be considered. The amount of such
penalty, | 23 | | when finally determined, may be
| 24 | | (1) recovered in a civil action brought by the | 25 | | Director of Labor in
any circuit court, in which |
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| 1 | | litigation the Director of Labor
shall be represented by | 2 | | the Attorney General;
| 3 | | (2) ordered by the court, in an action brought for | 4 | | violation under
Section 19, to be paid to the Director of | 5 | | Labor.
| 6 | | Any administrative determination by the Department of | 7 | | Labor of the
amount of each penalty shall be final unless | 8 | | reviewed as provided in
Section 17.1 of this Act.
| 9 | | Civil penalties recovered under this Section shall be paid | 10 | | by certified check, money order, or by an electronic payment | 11 | | system designated by the Department, and deposited into the
| 12 | | Child Labor and Day and Temporary Labor Services Enforcement | 13 | | Fund, a special fund
which
is hereby
created in the
State | 14 | | treasury. Moneys in the Fund may be used,
subject to
| 15 | | appropriation, for exemplary programs, demonstration projects, | 16 | | and other
activities or purposes related to the enforcement of | 17 | | this Act or for the
activities or purposes related to the | 18 | | enforcement of the Day and Temporary
Labor Services Act, or | 19 | | for the activities or purposes related to the enforcement of | 20 | | the Private Employment Agency Act.
| 21 | | (Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16 .)".
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