Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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820 ILCS 55/16

    (820 ILCS 55/16)
    Sec. 16. Action for civil penalties brought by an interested party.
    (a) As used in this Section, "interested party" means a not-for-profit corporation, as defined by the General Not For Profit Corporation Act of 1986, or a labor organization, as defined by 29 U.S.C. 152(5), that monitors or is attentive to compliance with worker safety and privacy laws, wage and hour requirements, or other statutory requirements.
    (b) Upon a reasonable belief that an employer or prospective employer covered by this Act is in violation of any part of this Act, an interested party may bring a civil action in the county where the alleged offenses occurred or where any party to the action resides, in the name of the State or for the benefit of any impacted employees or prospective employees.
        (1) No later than 30 days after filing an action, the
    
interested party shall serve upon the State through the Attorney General a copy of the complaint and written disclosure of substantially all material evidence and information the interested party possesses.
        (2) The State may elect to intervene and proceed with
    
the action no later than 60 days after it receives both the complaint and the material evidence and information. The State may, for good cause shown, move the court for an extension of the time to intervene and proceed with the action.
        (3) Before the expiration of the 60-day period or any
    
extensions under paragraph (2), the State shall:
            (A) proceed with the action, in which case the
        
action shall be conducted by the State; or
            (B) notify the court that it declines to take the
        
action, in which case the interested party bringing the action shall have the right to conduct the action.
        (4) When the State conducts the action, the
    
interested party shall have the right to continue as a party to the action subject to the following limitations:
            (A) the State may dismiss the action
        
notwithstanding the objections of the interested party initiating the action if the interested party has been notified by the State of the filing of the motion and the court has provided the interested party with an opportunity for a hearing on the motion; and
            (B) the State may settle the action with the
        
defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances.
        (5) If an interested party brings an action under
    
this Section, no person other than the State may intervene or bring a related action on behalf of the State based on the facts underlying the pending action. An interested party may bring the action subject to the following limitations:
            (A) the State may dismiss the action
        
notwithstanding the objections of the interested party initiating the action if the interested party has been notified by the State of the filing of the motion and the court has provided the interested party with an opportunity for a hearing on the motion; and
            (B) the State may settle the action with the
        
defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances.
        (6) An action brought in court by an interested party
    
under this Section may be dismissed if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.
    (c) Any claim or action filed by an interested party under this Section shall be made no later than 3 years after the alleged conduct resulting in the complaint, plus any period for which the limitations period has been tolled.
    (d) In an action brought by an interested party under this Section, an interested party may recover against the covered entity any statutory penalties set forth in Section 17, injunctive relief, and any other relief available to the Department. An interested party who prevails in a civil action shall receive 10% of any statutory penalties assessed, plus any attorney's fees and costs. The remaining 90% of any statutory penalties assessed shall be deposited into the Child Labor and Day and Temporary Labor Services Enforcement Fund and shall be used for the purposes set forth in Section 75 of the Child Labor Law of 2024.
(Source: P.A. 104-455, eff. 12-12-25.)