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| [ Introduced ] | [ House Amendment 002 ] |
90_HB1195ham001
LRB9004126WHmgam01
1 AMENDMENT TO HOUSE BILL 1195
2 AMENDMENT NO. . Amend House Bill 1195 on page 1, by
3 replacing lines 25 through 29 with the following:
4 "quarter.
5 Section 10. Greater benefits not prohibited. The
6 benefits required under this Act are minimum benefits and no
7 employer is prevented from providing benefits exceeding those
8 set forth in this Act.
9 Section 15. Administration; enforcement.
10 (a) The Director of Labor shall be responsible for the
11 administration and enforcement of this Act.
12 (b) The Director of Labor shall promulgate rules to
13 implement the provisions of this Act.
14 (c) If an employee alleges that he or she has been
15 denied his or her rights under this Act, he or she may file a
16 charge with the Director of Labor. The Director shall
17 investigate the complaint and shall have authority to issue
18 subpoenas. The Director shall attempt to resolve the charge
19 by a conference, conciliation, or persuasion. If the
20 complaint is not so resolved, the Director may commence an
21 action in the circuit court to enforce the provisions of this
-2- LRB9004126WHmgam01
1 Act including an action to compel compliance. The circuit
2 court for the county in which the complainant resides or in
3 which the complainant is employed shall have jurisdiction in
4 such actions.
5 (d) If an employer violates this Act, an employee may
6 commence an action in the circuit court to enforce the
7 provisions of this Act, including actions to compel
8 compliance, if efforts to resolve the employee's complaint
9 concerning the violation by conference, conciliation, or
10 persuasion pursuant to subsection (c) have failed and the
11 Director of Labor has not commenced an action in circuit
12 court to redress such violation. The circuit court for the
13 county in which the complainant resides or in which the
14 complainant is employed shall have jurisdiction in such
15 actions.
16 (e) Failure to comply with an order of the court may be
17 punished as contempt. In addition, the court shall award an
18 employee prevailing in an action pursuant to this Act the
19 following damages:
20 (1) Actual damages plus costs.
21 (2) For each willful and knowing violation of this
22 Act, $200 plus costs and reasonable attorney's fees.
23 (f) Any employer or his or her agent who violates any
24 provision of this Act is guilty of a Class B misdemeanor.
25 (g) Any employer or his or her agent who discharges or
26 in any other manner discriminates against an employee because
27 that employee has exercised any right under this Act, or has
28 made a complaint concerning an alleged violation of this Act
29 to the employer or the Director of Labor, or has caused to be
30 instituted or is about to cause to be instituted any
31 proceeding under or related this Act, or because that
32 employee has testified or otherwise provided information in
33 connection with any investigation or proceeding under this
34 Act, is guilty of a Class B misdemeanor.".