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820 ILCS 55/15 (820 ILCS 55/15) (from Ch. 48, par. 2865) (Text of Section before amendment by P.A. 103-879) Sec. 15. Administration and enforcement. (a) The Director of Labor or his authorized representative shall
administer and enforce the provisions of this Act. The Director of Labor
may issue rules and regulations necessary to administer and enforce the
provisions of this Act. (b) If an employee or applicant for employment alleges that he or she
has been denied his or her rights under this Act, he or she may file a
complaint with the Department of Labor. The Department shall investigate
the complaint and shall have authority to request the issuance of a search
warrant or subpoena to inspect the files of the employer or prospective
employer, if necessary. The Department shall attempt to resolve the
complaint by conference, conciliation, or persuasion. If the complaint is
not so resolved and the Department finds the employer or prospective
employer has violated the Act, the Department may commence an action in the
circuit court to enforce the provisions of this Act including an action to
compel compliance. The circuit court for the county in which the
complainant resides or in which the complainant is employed shall have
jurisdiction in such actions. (c) If an employer or prospective employer violates this Act, an
employee or applicant for employment may commence an action in the circuit
court to enforce the provisions of this Act, including actions to compel
compliance, where efforts to resolve the employee's or applicant for
employment's complaint concerning the violation by conference, conciliation
or persuasion under subsection (b) have failed and the Department has not
commenced an action in circuit court to redress the violation. The circuit
court for the county in which the complainant resides or in which the
complainant is employed shall have jurisdiction in such actions. (d) Failure to comply with an order of the court may be punished as
contempt. In addition, the court shall award an employee or applicant for
employment prevailing in an action under this Act the following damages: (1) Actual damages plus costs. (2) For a willful and knowing violation of this Act, | | $200 plus costs, reasonable attorney's fees, and actual damages.
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| (3) For a willful and knowing violation of Section
| | 12(c) or Section 12(c-2) of this Act, $500 per affected employee plus costs, reasonable attorneys’ fees, and actual damages.
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| (e) Any employer or prospective employer or his agent who violates the
provisions of this Act is guilty of a petty offense.
(f) Any employer or prospective employer, or the officer or agent of any
employer or prospective employer, who discharges or in any other manner
discriminates against any employee or applicant for employment because that
employee or applicant for employment has made a complaint to his employer,
or to the Director or his authorized representative, or because that
employee or applicant for employment has caused to be instituted or is
about to cause to be instituted any proceeding under or related to this
Act, or because that employee or applicant for employment has testified or
is about to testify in an investigation or proceeding under this Act, is
guilty of a petty offense.
(Source: P.A. 96-623, eff. 1-1-10.)
(Text of Section after amendment by P.A. 103-879)
Sec. 15. Administration and enforcement.
(a) The Director of Labor or his authorized representative shall administer and enforce the provisions of this Act. The Director of Labor may issue rules and regulations necessary to administer and enforce the provisions of this Act.
(b) If an employee or applicant for employment alleges that he or she has been denied his or her rights under this Act, he or she may file a complaint with the Department of Labor. The Department shall investigate the complaint and shall have authority to request the issuance of a search warrant or subpoena to inspect the files of the employer or prospective employer, if necessary. The Department shall attempt to resolve the complaint by conference, conciliation, or persuasion. If the complaint is not so resolved and the Department finds the employer or prospective employer has violated the Act, the Department may commence an action in the circuit court to enforce the provisions of this Act including an action to compel compliance. The circuit court for the county in which the complainant resides or in which the complainant is employed shall have jurisdiction in such actions.
(c) If an employer or prospective employer violates this Act, an employee or applicant for employment may commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance, where efforts to resolve the employee's or applicant for employment's complaint concerning the violation by conference, conciliation or persuasion under subsection (b) have failed and the Department has not commenced an action in circuit court to redress the violation. The circuit court for the county in which the complainant resides or in which the complainant is employed shall have jurisdiction in such actions.
(d) Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award an employee or applicant for employment prevailing in an action under this Act the following damages:
(1) Actual damages plus costs.
(2) For a willful and knowing violation of this Act,
| | $200 plus costs, reasonable attorney's fees, and actual damages.
|
| (3) For a willful and knowing violation of Section
| | 12(c) or Section 12(c-2) of this Act, $500 per affected employee plus costs, reasonable attorney's fees, and actual damages.
|
| (4) For a willful and knowing violation of Section
| | 13, a civil penalty of a minimum of $2,000 up to a maximum of $5,000 for a first violation and a civil penalty of a minimum of $5,000 up to a maximum of $10,000 for each subsequent violation per affected employee plus costs, reasonable attorney's fees, and actual damages.
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| (e) Any employer or prospective employer or his agent who violates the provisions of this Act is guilty of a petty offense.
(f) Any employer or prospective employer, or the officer or agent of any employer or prospective employer, who discharges or in any other manner discriminates against any employee or applicant for employment because that employee or applicant for employment has made a complaint to his employer, or to the Director or his authorized representative, or because that employee or applicant for employment has caused to be instituted or is about to cause to be instituted any proceeding under or related to this Act, or because that employee or applicant for employment has testified or is about to testify in an investigation or proceeding under this Act, is guilty of a petty offense.
(Source: P.A. 103-879, eff. 1-1-25.)
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