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Public Act 103-0201 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by changing | ||||
Section 5.942 as follows:
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(30 ILCS 105/5.942)
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Sec. 5.942. The Equal Pay Registration Fund. | ||||
(Source: P.A. 101-656, eff. 3-23-21; 102-813, eff. 5-13-22.)
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Section 10. The Personnel Record Review Act is amended by | ||||
changing Section 2 as follows:
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(820 ILCS 40/2) (from Ch. 48, par. 2002)
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Sec. 2. Open Records. Every employer shall, upon an | ||||
employee's request
which the employer may require be in | ||||
writing on a form supplied by the
employer, permit the | ||||
employee to inspect any personnel documents which are,
have | ||||
been or are intended to be used in determining that employee's | ||||
qualifications for
employment, promotion, transfer,
additional | ||||
compensation, discharge or other disciplinary action,
except | ||||
as provided in Section 10. The inspection right
encompasses | ||||
personnel documents in
the possession of a person, | ||||
corporation, partnership, or other association
having a |
contractual agreement with the employer to keep or supply a | ||
personnel
record. An employee may request all or any part of | ||
his or her
records, except as provided in Section 10. The | ||
employer shall grant at least
2 inspection requests by an | ||
employee in a calendar year when requests are
made at | ||
reasonable intervals, unless otherwise
provided in a | ||
collective bargaining agreement. The employer
shall provide | ||
the employee with the inspection opportunity within 7 working
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days after the employee makes the request or if the employer | ||
can reasonably
show that such deadline cannot be met, the | ||
employer shall have an
additional 7 days to comply. The | ||
inspection shall take place
at a location reasonably near the | ||
employee's place of employment and during
normal working | ||
hours.
The employer may allow the inspection to take place at a | ||
time other than
working hours or at a place other than where | ||
the records are maintained
if that time or place would be more | ||
convenient for the employee.
Nothing in this Act shall be | ||
construed as a requirement that an
employee be permitted to | ||
remove any part of such personnel records or any
part of such | ||
records from the place on the employer's premises where it is
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made available for inspection. Each employer shall retain the | ||
right to
protect his records from loss, damage, or alteration | ||
to insure the integrity
of the records. The
If an employee | ||
demonstrates that he or she is unable to review his or her | ||
personnel record
at the employing unit, the employer shall, | ||
upon the employee's written
request, email or mail a copy of |
the requested record to the employee by the email address or | ||
mailing address identified by the employee for the purpose of | ||
receiving the copy of requested record. An employer may charge | ||
a fee for providing a copy of the requested record. The fee | ||
shall be limited to the actual cost of duplicating the | ||
requested record .
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(Source: P.A. 83-1362.)
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(820 ILCS 40/3 rep.)
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Section 15. The Personnel Record Review Act is amended by | ||
repealing Section 3. | ||
Section 20. The Minimum Wage Law is amended by changing | ||
Sections 9 and 12 as follows:
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(820 ILCS 105/9) (from Ch. 48, par. 1009)
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Sec. 9.
Every employer subject to any provision of this | ||
Act or of any
regulations issued under this Act shall keep a | ||
summary of this Act approved
by the Director, and copies of any | ||
applicable regulations issued under this
Act or a summary of | ||
such regulations, posted in a conspicuous and
accessible place | ||
in or about the premises wherever any person subject to
this | ||
Act is employed. Every employer subject to any provision of | ||
this Act or any regulations issued under this Act with | ||
employees who do not regularly report to a physical workplace, | ||
such as employees who work remotely or travel for work, shall |
also provide the summaries and regulations by email to its | ||
employees or conspicuous posting on the employer's website or | ||
intranet site, if such site is regularly used by the employer | ||
to communicate work-related information to employees and is | ||
able to be regularly accessed by all employees, freely and | ||
without interference. Employers shall be furnished copies of | ||
such summaries
and regulations by the State on request without | ||
charge.
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(Source: P.A. 77-1451.)
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(820 ILCS 105/12) (from Ch. 48, par. 1012)
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Sec. 12. (a) If any employee is paid by his employer less | ||
than the wage
to which he is entitled under the provisions of | ||
this Act, the employee may
recover in a civil
action treble the | ||
amount of any such underpayments together with costs and such
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reasonable attorney's fees as may be allowed by the Court, and | ||
damages of 5% of the amount of any such underpayments for each | ||
month following the date of payment during which such | ||
underpayments remain unpaid. Any
agreement between the | ||
employee and the employer to work for less than such wage is
no | ||
defense to such action. At the request of the employee or on | ||
motion
of the Director of Labor, the
Department of Labor may | ||
make an assignment of such wage claim in trust for
the | ||
assigning employee and may bring any legal action necessary to | ||
collect
such claim, and the employer shall be required to pay | ||
the costs incurred in
collecting such claim. Every such action |
shall be brought within
3 years from the date of the | ||
underpayment. Such employer shall be liable
to the Department | ||
of Labor for a penalty in an amount of up to 20% of the total | ||
employer's underpayment
where the employer's conduct is proven | ||
by a preponderance of the evidence to be willful, repeated, or | ||
with reckless disregard of this Act or any rule adopted under | ||
this Act. Such employer shall be liable to the Department for | ||
an additional penalty of $1,500 . All administrative penalties | ||
ordered under this Act shall be paid by certified check, money | ||
order, or by an electronic payment system designated by the | ||
Department, and shall be made , payable to or deposited into | ||
the Department's Wage Theft Enforcement Fund. Such employer | ||
shall be additionally
liable to the employee for damages in | ||
the amount of 5% of the amount
of any such underpayments for | ||
each month following the date of payment
during which such | ||
underpayments
remain unpaid. These penalties and damages may | ||
be recovered in a
civil action brought by the Director of Labor | ||
in any circuit court. In any
such action, the Director of Labor | ||
shall be represented by the Attorney
General.
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If an employee collects damages of 5% of the amount
of | ||
underpayments as a result of an action brought by the Director | ||
of Labor, the employee may not also collect those damages in a | ||
private action brought by the employee for the same violation. | ||
If an employee collects damages of 5% of the amount
of | ||
underpayments in a private action brought by the employee, the | ||
employee may not also collect those damages as a result of an |
action brought by the Director of Labor for the same | ||
violation.
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(b) If an employee has not collected damages under | ||
subsection (a) for the same violation, the Director is | ||
authorized to supervise the payment of the unpaid
minimum | ||
wages and the unpaid overtime compensation owing to any | ||
employee
or employees under Sections 4 and 4a of this Act and | ||
may bring any legal
action necessary to recover the amount of | ||
the unpaid minimum wages and unpaid
overtime compensation and | ||
an equal additional amount as
damages,
and the employer shall | ||
be required to pay the costs incurred in collecting such | ||
claim. Such employer shall be additionally liable to the | ||
Department of Labor for up to 20% of the total employer's | ||
underpayment where the employer's conduct is proven by a | ||
preponderance of the evidence to be willful, repeated, or with | ||
reckless disregard of this Act or any rule adopted under this | ||
Act. Such employer shall be liable to the Department of Labor | ||
for an additional penalty of $1,500, payable to the | ||
Department's Wage Theft Enforcement Fund.
The action shall be | ||
brought within 5 years from the date of the failure to
pay
the | ||
wages or compensation.
Any sums thus recovered
by the Director | ||
on behalf of an employee pursuant to this subsection shall
be | ||
paid to the employee or employees affected. Any sums which, | ||
more than one
year after being thus recovered, the Director is | ||
unable to pay to
an employee shall be deposited into the | ||
General Revenue Fund.
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(Source: P.A. 101-1, eff. 2-19-19.)
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Section 25. The Equal Pay Act of 2003 is amended by | ||
changing Sections 11, 30, and 40, and by adding Section 33 as | ||
follows: | ||
(820 ILCS 112/11) | ||
Sec. 11. Equal pay registration certificate requirements; | ||
application. For the purposes of this Section 11 only, | ||
"business" means any private employer who has 100 or more | ||
employees in the State of Illinois and is required to file an | ||
Annual Employer Information Report EEO-1 with the Equal | ||
Employment Opportunity Commission, but does not include the | ||
State of Illinois or any political subdivision, municipal | ||
corporation, or other governmental unit or agency. | ||
(a) A business must obtain an equal pay registration | ||
certificate from the Department. | ||
(b) Any business subject to the requirements of this | ||
Section that is authorized to transact business in this State | ||
on March 23, 2021 shall submit an application to obtain an | ||
equal pay registration certificate, between March 24, 2022 and | ||
March 23, 2024, and must recertify every 2 years thereafter. | ||
Any business subject to the requirements of this Section that | ||
is authorized to transact business in this State after March | ||
23, 2021 must submit an application to obtain an equal pay | ||
registration certificate within 3 years of commencing business |
operations, but not before January 1, 2024, and must recertify | ||
every 2 years thereafter. The Department shall collect contact | ||
information from each business subject to this Section. The | ||
Department shall assign each business a date by which it must | ||
submit an application to obtain an equal pay registration | ||
certificate. The business shall recertify every 2 years at a | ||
date to be determined by the Department. When a business | ||
receives a notice from the Department to recertify for its | ||
equal pay registration certificate, if the business has fewer | ||
than 100 employees, the business must certify in writing to | ||
the Department that it is exempt from this Section. Any new | ||
business that is subject to this Section and authorized to | ||
conduct business in this State, after the effective date of | ||
this amendatory Act of the 102nd General Assembly, shall | ||
submit its contact information to the Department by January 1 | ||
of the following year and shall be assigned a date by which it | ||
must submit an application to obtain an equal pay registration | ||
certificate. The Department's failure to assign a business a | ||
registration date does not exempt the business from compliance | ||
with this Section. The failure of the Department to notify a | ||
business of its recertification deadline may be a mitigating | ||
factor when making a determination of a violation of this | ||
Section. | ||
(c) Application. | ||
(1) A business shall apply for an equal pay | ||
registration certificate by paying a $150 filing fee and |
submitting wage records and an equal pay compliance | ||
statement to the Director as follows: | ||
(A) Wage Records. Any business that is required to | ||
file an annual Employer Information Report EEO-1 with | ||
the Equal Employment Opportunity Commission must also | ||
submit to the Director a copy of the business's most | ||
recently filed Employer Information Report EEO-1. The | ||
business shall also compile a list of all employees | ||
during the past calendar year, separated by gender and | ||
the race and ethnicity categories as reported in the | ||
business's most recently filed Employer Information | ||
Report EEO-1, and the county in which the employee | ||
works, the date the employee started working for the | ||
business, any other information the Department deems | ||
necessary to determine if pay equity exists among | ||
employees, and report the total wages as defined by | ||
Section 2 of the Illinois Wage Payment and Collection | ||
Act paid to each employee during the past calendar | ||
year, rounded to the nearest $100, to the Director. | ||
(B) Equal Pay Compliance Statement. The business | ||
must submit a statement signed by a corporate officer, | ||
legal counsel, or authorized agent of the business | ||
certifying: | ||
(i) that the business is in compliance with | ||
this Act and other relevant laws, including but | ||
not limited to: Title VII of the Civil Rights Act |
of 1964, the Equal Pay Act of 1963, the Illinois | ||
Human Rights Act, and the Equal Wage Act; | ||
(ii) that the average compensation for its | ||
female and minority employees is not consistently | ||
below the average compensation , as determined by | ||
rule by the United States Department of Labor, for | ||
its male and non-minority employees within each of | ||
the major job categories in the Employer | ||
Information Report EEO-1 for which an employee is | ||
expected to perform work, taking into account | ||
factors such as length of service, requirements of | ||
specific jobs, experience, skill, effort, | ||
responsibility, working conditions of the job, | ||
education or training, job location, use of a | ||
collective bargaining agreement, or other | ||
mitigating factors; as used in this subparagraph, | ||
"minority" has the meaning ascribed to that term | ||
in paragraph (1) of subsection (A) of Section 2 of | ||
the Business Enterprise for Minorities, Women, and | ||
Persons with Disabilities Act ; and as used in this | ||
subparagraph, "compensation" means remuneration or | ||
compensation an employee receives in return for | ||
services rendered to an employer, including hourly | ||
wages, overtime wages, commissions, piece rate | ||
work, salary, bonuses, or any other basis of | ||
calculation for services performed ; |
(iii) that the business does not restrict | ||
employees of one sex to certain job | ||
classifications, and makes retention and promotion | ||
decisions without regard to sex; | ||
(iv) that wage and benefit disparities are | ||
corrected when identified to ensure compliance | ||
with the Acts cited in item (i); | ||
(v) how often wages and benefits are | ||
evaluated; and | ||
(vi) the approach the business takes in | ||
determining what level of wages and benefits to | ||
pay its employees; acceptable approaches include, | ||
but are not limited to, a wage and salary survey. | ||
(C) Filing fee. The business shall pay to the | ||
Department a filing fee of $150. Proceeds from the | ||
fees collected under this Section shall be deposited | ||
into the Equal Pay Registration Fund, a special fund | ||
created in the State treasury. Moneys in the Fund | ||
shall be appropriated to the Department for the | ||
purposes of this Section. | ||
(2) Receipt of the equal pay compliance application | ||
and statement by the Director does not establish | ||
compliance with the Acts set forth in item (i) of | ||
subparagraph (B) of paragraph (1) of this subsection (c). | ||
(3) A business that has employees in multiple | ||
locations or facilities in
Illinois shall submit a single |
application to the Department regarding all of its
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operations in Illinois. | ||
(d) Issuance or rejection of registration certificate. | ||
After January 1, 2022, the Director must issue an equal pay | ||
registration certificate, or a statement of why the | ||
application was rejected, within 45 calendar days of receipt | ||
of the application. Applicants shall have the opportunity to | ||
cure any deficiencies in its application that led to the | ||
rejection, and re-submit the revised application to the | ||
Department within 30 calendar days of receiving a rejection. | ||
Applicants shall have the ability to appeal rejected | ||
applications. An application may be rejected only if it does | ||
not comply with the requirements of subsection (c), or the | ||
business is otherwise found to be in violation of this Act. The | ||
receipt of an application by the Department, or the issuance | ||
of a registration certificate by the Department, shall not | ||
establish compliance with the Equal Pay Act of 2003 as to all | ||
Sections except Section 11. The issuance of a registration | ||
certificate shall not be a defense against any Equal Pay Act | ||
violation found by the Department, nor a basis for mitigation | ||
of damages. | ||
(e) Revocation of registration certificate. An equal pay | ||
registration certificate for a business may be suspended or | ||
revoked by the Director when the business fails to make a good | ||
faith effort to comply with the Acts identified in item (i) of | ||
subparagraph (B) of paragraph (1) of subsection (c), fails to |
make a good faith effort to comply with this Section, or has | ||
multiple violations of this Section or the Acts identified in | ||
item (i) of subparagraph (B) of paragraph (1) of subsection | ||
(c). Prior to suspending or revoking a registration | ||
certificate, the Director must first have sought to conciliate | ||
with the business regarding wages and benefits due to | ||
employees. | ||
Consistent with Section 25, prior to or in connection with | ||
the suspension or revocation of an equal pay registration | ||
certificate, the Director, or his or her authorized | ||
representative, may interview workers, administer oaths, take | ||
or cause to be taken the depositions of witnesses, and require | ||
by subpoena the attendance and testimony of witnesses, and the | ||
production of personnel and compensation information relative | ||
to the matter under investigation, hearing or a | ||
department-initiated audit. | ||
Neither the Department nor the Director shall be held | ||
liable for good faith errors in issuing, denying, suspending | ||
or revoking certificates. | ||
(f) Administrative review. A business may obtain an | ||
administrative hearing in accordance with the Illinois | ||
Administrative Procedure Act before the suspension or | ||
revocation of its certificate or imposition of civil penalties | ||
as provided by subsection (i) is effective by filing a written | ||
request for hearing within 20 calendar days after service of | ||
notice by the Director. |
(g) Technical assistance. The Director must provide | ||
technical assistance to any business that requests assistance | ||
regarding this Section. | ||
(h) Access to data. | ||
(1) Any individually identifiable information | ||
submitted to the Director within or related to an equal | ||
pay registration application or otherwise provided by an | ||
employer in its equal pay compliance statement under | ||
subsection (c) shall be considered confidential | ||
information and not subject to disclosure pursuant to the | ||
Illinois Freedom of Information Act. As used in this | ||
Section, "individually identifiable information" means | ||
data submitted pursuant to this Section that is associated | ||
with a specific person or business. Aggregate data or | ||
reports that are reasonably calculated to prevent the | ||
association of any data with any individual business or | ||
person are not confidential information. Aggregate data | ||
shall include the job category and the average hourly wage | ||
by county for each gender, race, and ethnicity category on | ||
the registration certificate applications. The Department | ||
of Labor may compile aggregate data from registration | ||
certificate applications. | ||
(2) The Director's decision to issue, not issue, | ||
revoke, or suspend an equal pay registration certificate | ||
is public information. | ||
(3) Notwithstanding this subsection (h), a current |
employee of a covered business may request anonymized data | ||
regarding their job classification or title and the pay | ||
for that classification. No individually identifiable | ||
information may be provided to an employee making a | ||
request under this paragraph. | ||
(4) Notwithstanding this subsection (h), the | ||
Department may share data and identifiable information | ||
with the Department of Human Rights, pursuant to its | ||
enforcement of Article 2 of the Illinois Human Rights Act, | ||
or the Office of the Attorney General, pursuant to its | ||
enforcement of Section 10-104 of the Illinois Human Rights | ||
Act. | ||
(5) Any Department employee who willfully and | ||
knowingly divulges, except in accordance with a proper | ||
judicial order or otherwise provided by law, confidential | ||
information received by the Department from any business | ||
pursuant to this Act shall be deemed to have violated the | ||
State Officials and Employees Ethics Act and be subject to | ||
the penalties established under subsections (e) and (f) of | ||
Section 50-5 of that Act after investigation and | ||
opportunity for hearing before the Executive Ethics | ||
Commission in accordance with Section 20-50 of that Act. | ||
(i) Penalty. Falsification or misrepresentation of | ||
information on an application submitted to the Department | ||
shall constitute a violation of this Act and the Department | ||
may seek to suspend or revoke an equal pay registration |
certificate or impose civil penalties as provided under | ||
subsection (c) of Section 30.
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(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; | ||
102-705, eff. 4-22-22.)
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(820 ILCS 112/30)
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Sec. 30. Violations; fines and penalties.
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(a) If an employee is paid by his or her employer less than | ||
the wage to
which he or
she is entitled in
violation of Section | ||
10 or 11 of this Act, the employee may recover in a civil | ||
action
the entire amount of any
underpayment together with | ||
interest, compensatory damages if the employee demonstrates | ||
that the employer acted with malice or reckless indifference, | ||
punitive damages as may be appropriate, injunctive relief as | ||
may be appropriate, and the costs and reasonable attorney's
| ||
fees as may be
allowed by the
court and as necessary to make | ||
the employee whole. At the request of the
employee or on a | ||
motion of the Director,
the Department may
make an assignment | ||
of the wage claim in trust for the assigning employee and
may | ||
bring any
legal action necessary to collect the claim, and the | ||
employer shall be required
to pay the costs
incurred in | ||
collecting the claim. Every such action shall be brought | ||
within 5
years from the date
of the underpayment. For purposes | ||
of this Act, "date of the underpayment" means each time wages | ||
are underpaid.
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(a-5) If an employer violates subsection (b), (b-5), |
(b-10), or (b-20) of Section 10, the employee may recover in a | ||
civil action any damages incurred, special damages not to | ||
exceed $10,000, injunctive relief as may be appropriate, and | ||
costs and reasonable attorney's fees as may be allowed by the | ||
court and as necessary to make the employee whole. If special | ||
damages are available, an employee may recover compensatory | ||
damages only to the extent such damages exceed the amount of | ||
special damages. Such action shall be brought within 5 years | ||
from the date of the violation. | ||
(b) The Director is authorized to supervise the payment of | ||
the unpaid wages under subsection (a) or damages under | ||
subsection (b), (b-5), (b-10), or (b-20) of Section 10
owing | ||
to any
employee or employees under this Act and may bring any | ||
legal action necessary
to recover the
amount of unpaid wages, | ||
damages, and penalties or to seek injunctive relief, and the | ||
employer shall be required to pay
the costs. Any
sums | ||
recovered by the Director on behalf of an employee under this
| ||
Section shall be
paid to the employee or employees affected.
| ||
(c) Employers who violate any provision of this Act or any | ||
rule
adopted under the Act are subject to a civil penalty , | ||
payable to the Department, for each employee affected as | ||
follows: | ||
(1) An employer with fewer than 4 employees: first | ||
offense, a fine not to exceed $500; second offense, a fine | ||
not to exceed $2,500; third or subsequent offense, a fine | ||
not to exceed $5,000. |
(2) An employer with between 4 and 99 employees: first | ||
offense, a fine not to exceed $2,500; second offense, a | ||
fine not to exceed $3,000; third or subsequent offense, a | ||
fine not to exceed $5,000. | ||
(3) An employer with 100 or more employees who | ||
violates any Section of this Act except for Section 11 | ||
shall be fined up to $10,000 per employee affected. An | ||
employer with 100 or more employees that is a business as | ||
defined under Section 11 and commits a violation of | ||
Section 11 shall be fined up to $10,000. | ||
Before any imposition of a penalty under this subsection, | ||
an employer with 100 or more employees who violates item (b) of | ||
Section 11 and inadvertently fails to file an initial | ||
application or recertification shall be provided 30 calendar | ||
days by the Department to submit the application or | ||
recertification. | ||
An employer or person who violates subsection (b), (b-5), | ||
(b-10), (b-20), or (c) of Section 10 is subject to a civil | ||
penalty not to exceed $5,000 for each violation for each | ||
employee affected , payable to the Department . | ||
(d) In determining the amount of the penalty, the
| ||
appropriateness of the
penalty to the size of the business of | ||
the employer charged and the gravity of
the violation shall
be | ||
considered. The penalty may be recovered in a civil action | ||
brought by the
Director in
any circuit court.
| ||
(Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
|
(820 ILCS 112/33 new) | ||
Sec. 33. Equal Pay Fund. All moneys owed to the Department | ||
under this Act shall be deposited into the Equal Pay Fund and | ||
may be appropriated to the Department for the administration | ||
and enforcement of this Act.
| ||
(820 ILCS 112/40)
| ||
Sec. 40. Notification. Every employer covered by this Act | ||
shall post and
keep posted, in conspicuous places on the | ||
premises of the employer where
notices to employees are | ||
customarily posted, a notice, to be prepared or
approved by | ||
the Director, summarizing the requirements of this Act and
| ||
information pertaining to the filing of a charge. Every | ||
employer with employees who do not regularly report to a | ||
physical workplace, such as employees who work remotely or | ||
travel for work, shall also provide the summary and notice by | ||
email to its employees or conspicuous posting on the | ||
employer's website or intranet site, if such site is regularly | ||
used by the employer to communicate work-related information | ||
to employees and is able to be regularly accessed by all | ||
employees, freely and without interference. The Director shall | ||
furnish
copies of summaries and rules to employers upon | ||
request without charge.
| ||
(Source: P.A. 93-6, eff. 1-1-04.)
|
Section 30. The Illinois Wage Payment and Collection Act | ||
is amended by changing Sections 3 and 11 as follows:
| ||
(820 ILCS 115/3) (from Ch. 48, par. 39m-3)
| ||
Sec. 3.
Every employer shall be required, at least | ||
semi-monthly, to pay
every
employee all wages earned during | ||
the semi-monthly pay period. Wages of
executive, | ||
administrative and professional employees, as defined in the
| ||
Federal Fair Labor Standards Act of 1939, may be paid once a | ||
month.
Commissions may be paid once a month.
At the request of | ||
a person employed by an employment or labor placement
agency | ||
which, in the ordinary course of business, makes daily wage | ||
payments to
employees,
the agency shall hold the daily wages | ||
and make either weekly or semi-monthly
payments.
Upon the | ||
written request of the employee, the wage shall be paid in a | ||
single
check representing the wages earned during the period, | ||
either weekly or
semi-monthly, designated by the employee in | ||
accordance with Section 4 of this
Act. Employment and labor | ||
placement agencies that make daily wage payments
shall provide | ||
written notification to all daily
wage payment employees of | ||
the right to request weekly or semi-monthly checks.
The | ||
employer may provide this notice by conspicuously posting the | ||
notice at the
location where the wages are received by the | ||
daily wage employees. Every employer with employees who do not | ||
regularly report to a physical workplace, such as employees | ||
who work remotely or travel for work, shall also provide the |
summary and notice by email to its employees or conspicuous | ||
posting on the employer's website or intranet site, if such | ||
site is regularly used by the employer to communicate | ||
work-related information to employees and is able to be | ||
regularly accessed by all employees, freely and without | ||
interference.
| ||
(Source: P.A. 89-364, eff. 8-18-95.)
| ||
(820 ILCS 115/11) (from Ch. 48, par. 39m-11)
| ||
Sec. 11. It shall be the duty of the Department of Labor to | ||
inquire diligently
for any violations of this Act, and to | ||
institute the actions for violations and penalties
herein | ||
provided, at the request of the employee or on motion of the | ||
Director of Labor, and to enforce generally the provisions of | ||
this Act.
| ||
An employee may file a complaint with the Department | ||
alleging violations of the Act by submitting a signed, | ||
completed wage claim application on the form provided by the | ||
Department and by submitting copies of all supporting | ||
documentation. Complaints shall be filed within one year after | ||
the wages, final compensation, or wage supplements were due. | ||
Wage claim applications Applications shall be reviewed by | ||
the Department to determine whether there is cause and | ||
sufficient resources for investigation.
| ||
The Department shall have the following powers:
| ||
(a) To investigate and attempt equitably to adjust |
controversies between
employees and employers in respect | ||
of wage claims arising under this Act
and to that end the | ||
Department through the Director of Labor or any other
| ||
person in the Department of Labor designated by him or | ||
her, shall have the
power to administer oaths, subpoena | ||
and examine witnesses, to issue subpoenas
duces tecum | ||
requiring the production of such books, papers, records | ||
and
documents as may be evidence of any matter under | ||
inquiry and to examine and
inspect the same as may relate | ||
to the question in dispute. Service of such
subpoenas | ||
shall be made by any sheriff or any person. Any
court in | ||
this State, upon the application of the Department
may | ||
compel attendance of witnesses, the
production of books | ||
and papers, and the giving of testimony before the
| ||
Department by attachment for contempt or in any other way | ||
as the production
of evidence may be compelled before such | ||
court.
| ||
(b) To take assignments of wage claims in the name of | ||
the Director of
Labor and his or her successors in office | ||
and prosecute actions for the
collection of wages for | ||
persons financially unable to prosecute such claims when | ||
in
the judgment of the Department such claims are valid | ||
and enforceable in the
courts. No court costs or any fees | ||
for necessary process and
proceedings shall be payable in | ||
advance by the Department for prosecuting
such actions. In | ||
the event there is a judgment rendered against the
|
defendant, the court shall assess as part of such judgment | ||
the costs of
such proceeding. Upon collection of such | ||
judgments the Department shall pay
from the proceeds of | ||
such judgment such costs to such person who is by law
| ||
entitled to same. The Department may join in a single | ||
proceeding any number
of wage claims against the same | ||
employer but the court shall have
discretionary power to | ||
order a severance or separate trial for hearings.
| ||
(c) To make complaint in any court of competent | ||
jurisdiction of
violations of this Act.
| ||
(d) In addition to the aforementioned powers, subject | ||
to appropriation, the Department may establish an | ||
administrative procedure to adjudicate claims and to issue | ||
final and binding administrative decisions on such claims | ||
subject to the Administrative Review Law. To establish | ||
such a procedure, the Director of Labor or her or his | ||
authorized representative may promulgate rules and | ||
regulations. The adoption, amendment or rescission of | ||
rules and regulations for such a procedure shall be in | ||
conformity with the requirements of the Illinois | ||
Administrative Procedure Act. If a final and binding | ||
administrative decision issued by the Department requires | ||
an employer or other party to pay wages, penalties, or | ||
other amounts in connection with a wage claim, and the | ||
employer or other party has neither: (i) made the required | ||
payment within 35 days of the issuance of the final and |
binding administrative decision; nor (ii) timely filed a | ||
complaint seeking review of the final and binding | ||
administrative decision pursuant to the Administrative | ||
Review Law in a court of competent jurisdiction, the | ||
Department may file a verified petition against the | ||
employer or other party to enforce the final | ||
administrative decision and to collect any amounts due in | ||
connection therewith in the circuit court of any county | ||
where an official office of the Department is located. | ||
Nothing herein shall be construed to prevent any employee | ||
from making
complaint or prosecuting his or her own claim for | ||
wages. Any employee aggrieved by a violation of this Act or any | ||
rule adopted under this Act may file suit in circuit court of | ||
Illinois, in the county where the alleged violation occurred | ||
or where any employee who is party to the action resides, | ||
without regard to exhaustion of any alternative administrative | ||
remedies provided in this Act. Actions may be brought by one or | ||
more employees for and on behalf of themselves and other | ||
employees similarly situated.
| ||
Nothing herein shall be construed to limit the authority | ||
of the State's
attorney of any county to prosecute actions for | ||
violation of this Act or
to enforce the provisions thereof | ||
independently and without specific direction
of the Department | ||
of Labor.
| ||
(Source: P.A. 101-509, eff. 1-1-20 .)
|
(820 ILCS 125/Act rep.)
| ||
Section 35. The Wages of Women and Minors Act is repealed. | ||
Section 40. The Day and Temporary Labor Services Act is | ||
amended by changing Section 45 as follows:
| ||
(820 ILCS 175/45)
| ||
Sec. 45. Registration; Department of Labor. | ||
(a) A day and temporary
labor service
agency which is | ||
located, operates or transacts business within this State | ||
shall register with the Department of Labor in accordance with | ||
rules
adopted by the Department for day and temporary labor | ||
service
agencies and shall be subject to this Act and any rules | ||
adopted under this Act. Each day and temporary labor service | ||
agency shall provide proof of an employer account number | ||
issued by the Department of Employment Security for the | ||
payment of unemployment insurance contributions as required | ||
under the Unemployment Insurance Act, and proof of valid | ||
workers' compensation insurance in effect at the time of | ||
registration covering all of its employees. If, at any time, a | ||
day and temporary labor service agency's workers' compensation | ||
insurance coverage lapses, the agency shall have an | ||
affirmative duty to report the lapse of such coverage to the | ||
Department and the agency's registration shall be suspended | ||
until the agency's workers' compensation insurance is | ||
reinstated. The Department may assess each day and temporary |
labor service agency a non-refundable
registration fee
not | ||
exceeding $1,000 per year per agency and a non-refundable fee | ||
not to exceed $250 for each branch office or other location | ||
where the agency regularly contracts with day or temporary | ||
laborers for services. The fee may be paid by check, money | ||
order, or the State Treasurer's E-Pay program or any successor | ||
program,
and the Department may not refuse to accept a check on | ||
the basis that it is
not a certified check or a cashier's | ||
check. The Department may charge an
additional fee to be paid | ||
by a day and temporary labor service agency if the agency, or | ||
any person on the
agency's behalf, issues or delivers a check | ||
to the Department that is not
honored by the financial | ||
institution upon which it is drawn. The Department
shall also | ||
adopt rules
for violation
hearings and penalties for | ||
violations of this Act or the Department's rules
in | ||
conjunction with the penalties set forth in this Act. | ||
(a-1) At the time of registration with the Department of | ||
Labor each year, the day and temporary labor service agency | ||
shall submit to the Department of Labor a report containing | ||
the information identified in paragraph (9) of subsection (a) | ||
of Section 12, broken down by branch office, in the aggregate | ||
for all day or temporary laborers assigned within Illinois and | ||
subject to this Act during the preceding year. This | ||
information shall be submitted on a form created by the | ||
Department of Labor. The Department of Labor shall aggregate | ||
the information submitted by all registering day and temporary |
labor service agencies by removing identifying data and shall | ||
have the information available to the public only on a | ||
municipal and county basis. As used in this paragraph, | ||
"identifying data" means any and all information that: (i) | ||
provides specific information on individual worker identity; | ||
(ii) identifies the service agency in any manner; and (iii) | ||
identifies clients utilizing the day and temporary labor | ||
service agency or any other information that can be traced | ||
back to any specific registering day and temporary labor | ||
service agency or its client. The information and reports | ||
submitted to the Department of Labor under this subsection by | ||
the registering day and temporary labor service agencies are | ||
exempt from inspection and copying under Section 7.5 of the | ||
Freedom of Information Act. | ||
(b) It is a violation of this Act to operate a day and | ||
temporary labor service agency without first registering with | ||
the Department in accordance with subsection (a) of this | ||
Section. The Department shall create and maintain at regular | ||
intervals on its website, accessible to the public: (1) a list | ||
of all registered day and temporary labor service agencies in | ||
the State whose registration is in good standing; (2) a list of | ||
day and temporary labor service agencies in the State whose | ||
registration has been suspended, including the reason for the | ||
suspension, the date the suspension was initiated, and the | ||
date, if known, the suspension is to be lifted; and (3) a list | ||
of day and temporary labor service agencies in the State whose |
registration has been revoked, including the reason for the | ||
revocation and the date the registration was revoked. The | ||
Department has the authority to assess a penalty against any | ||
day and temporary labor service agency that fails to register | ||
with the Department of Labor in accordance with this Act or any | ||
rules adopted under this Act of $500 for each violation. Each | ||
day during which a day and temporary labor service agency | ||
operates without registering with the Department shall be a | ||
separate and distinct violation of this Act. | ||
(c) An applicant is not eligible to register to operate a | ||
day and temporary labor service agency under this Act if the | ||
applicant or any of its officers, directors, partners, or | ||
managers or any owner of 25% or greater beneficial interest: | ||
(1) has been involved, as owner, officer, director, | ||
partner, or manager, of any day and temporary labor | ||
service agency whose registration has been revoked or has | ||
been suspended without being reinstated within the 5 years | ||
immediately preceding the filing of the application; or | ||
(2) is under the age of 18. | ||
(d) Every agency shall post and keep posted at each | ||
location, in a position easily accessible to all day or | ||
temporary laborers employee s, notices as supplied and required | ||
by the Department containing a copy or summary of the | ||
provisions of the Act and
a notice which informs
the public of | ||
a toll-free telephone number for day or temporary laborers
and | ||
the public to
file wage dispute complaints and other alleged |
violations by
day and temporary labor service
agencies . Every | ||
day and temporary
labor service
agency employing day or | ||
temporary laborers who communicate with the day and temporary
| ||
labor service
agency by electronic communication shall also | ||
provide all required notices by email to its day or temporary | ||
laborers or on a website, regularly used by the employer to | ||
communicate work-related information, that all day or | ||
temporary laborers are able to regularly access, freely and | ||
without interference . Such notices shall be in English and or | ||
any other language generally understood in the locale of the | ||
day and temporary labor service agency.
| ||
(Source: P.A. 100-517, eff. 6-1-18 .)
| ||
Section 45. The Child Labor Law is amended by changing | ||
Sections 5, 17, and 17.3 as follows:
| ||
(820 ILCS 205/5) (from Ch. 48, par. 31.5)
| ||
Sec. 5.
Every employer covered by this Act shall post in a | ||
conspicuous
place where minors under 16 years of age are | ||
employed, or allowed to work, a
printed summary abstract of | ||
this Act and a list of the occupations prohibited to
such | ||
minors, to be furnished by the Department of Labor. Such | ||
employers
shall post in a conspicuous place where minors under | ||
16 years of age are
employed, or allowed to work a printed | ||
notice stating the hours of
commencing and stopping work, the | ||
hours when the time or times allowed
for dinner or other meals, |
begin and end, and the Department's toll free
telephone number | ||
established under Section 17.4. An employer with employees who | ||
do not regularly report to a physical workplace, such as | ||
employees who work remotely or travel for work, shall also | ||
provide the summary and notice by email to its employees or | ||
conspicuous posting on the employer's website or intranet | ||
site, if such site is regularly used by the employer to | ||
communicate work-related information to employees and is able | ||
to be regularly accessed by all employees, freely and without | ||
interference. The Department of Labor shall furnish this | ||
printed summary form of such
notice shall be furnished by the | ||
Department of Labor .
| ||
(Source: P.A. 88-365.)
| ||
(820 ILCS 205/17) (from Ch. 48, par. 31.17)
| ||
Sec. 17.
It shall be the duty of the Department of Labor to | ||
enforce
the provisions of this Act. The Department of Labor | ||
shall have the power
to conduct investigations in connection | ||
with the administration and enforcement
of this Act and the | ||
authorized
officers and employees of the Department of Labor | ||
are hereby
authorized and empowered, to visit and inspect, at | ||
all reasonable times
and as often as possible, all places | ||
covered by this Act. Truant
officers and other school | ||
officials authorized by the board of education
or school | ||
directors shall report violations under this Act to the
| ||
Department of Labor, and may enter any place in which children |
are, or
are believed to be employed and inspect the work | ||
certificates on file.
Such truant officers or other school | ||
officials also are authorized to
file complaints against any | ||
employer found violating the provisions of
this Act in case no | ||
complaints for such violations are pending; and when
such | ||
complaints are filed by truant officers or other school | ||
officials
the State's attorneys of this state shall appear for | ||
the people, and
attend to the prosecution of such complaints. | ||
The Department of Labor shall
conduct hearings in accordance | ||
with "The Illinois Administrative Procedure
Act", approved | ||
September 22, 1975, as amended, upon written complaint by
an | ||
investigator of the Department of Labor, truant officer or | ||
other school
official, or any interested person of a violation | ||
of the Act or to revoke
any certificate under this Act. After | ||
such hearing, if supported by the
evidence, the Department of | ||
Labor may issue and cause to be served on any
party an order to | ||
cease and desist from violation of the Act, take such
further | ||
affirmative or other action as deemed reasonable to eliminate | ||
the
effect of the violation, and may revoke any certificate | ||
issued under the
Act and determine the amount of any civil | ||
penalty allowed by the Act. The Department may serve such | ||
orders by certified mail or by sending a copy by email to an | ||
email address previously designated by the party for purposes | ||
of receiving notice under this Act. An email address provided | ||
by the party in the course of the administrative proceeding | ||
shall not be used in any subsequent proceedings, unless the |
party designates that email address for the subsequent | ||
proceeding. The
Director of Labor or his authorized | ||
representative may compel by subpoena,
the attendance and | ||
testimony of witnesses and the production of books,
payrolls, | ||
records, papers and other evidence in any investigation or
| ||
hearing and may administer oaths to witnesses.
| ||
(Source: P.A. 80-1482.)
| ||
(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
| ||
Sec. 17.3.
Any employer who violates any of the provisions | ||
of this
Act or any rule or regulation issued under the Act | ||
shall be subject to a
civil penalty of not to exceed $5,000 for | ||
each such violation. In
determining the amount of such | ||
penalty, the appropriateness of such
penalty to the size of | ||
the business of the employer charged and the
gravity of the | ||
violation shall be considered. The amount of such
penalty, | ||
when finally determined, may be
| ||
(1) recovered in a civil action brought by the | ||
Director of Labor in
any circuit court, in which | ||
litigation the Director of Labor
shall be represented by | ||
the Attorney General;
| ||
(2) ordered by the court, in an action brought for | ||
violation under
Section 19, to be paid to the Director of | ||
Labor.
| ||
Any administrative determination by the Department of | ||
Labor of the
amount of each penalty shall be final unless |
reviewed as provided in
Section 17.1 of this Act.
| ||
Civil penalties recovered under this Section shall be paid | ||
by certified check, money order, or by an electronic payment | ||
system designated by the Department, and deposited into the
| ||
Child Labor and Day and Temporary Labor Services Enforcement | ||
Fund, a special fund
which
is hereby
created in the
State | ||
treasury. Moneys in the Fund may be used,
subject to
| ||
appropriation, for exemplary programs, demonstration projects, | ||
and other
activities or purposes related to the enforcement of | ||
this Act or for the
activities or purposes related to the | ||
enforcement of the Day and Temporary
Labor Services Act, or | ||
for the activities or purposes related to the enforcement of | ||
the Private Employment Agency Act.
| ||
(Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16 .)
|