Public Act 099-0418
Public Act 0418 99TH GENERAL ASSEMBLY
|Public Act 099-0418|
|HB3619 Enrolled||LRB099 10407 JLS 30634 b|
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Equal Pay Act of 2003 is amended by changing
Sections 5 and 30 as follows:
(820 ILCS 112/5)
As used in this Act:
"Director" means the Director of Labor.
"Department" means the Department of Labor.
"Employee" means any individual permitted to work by an
"Employer" means an individual, partnership, corporation,
business, trust, person, or entity for whom
employees are gainfully
employed in Illinois and includes
the State of Illinois, any state officer,
agency, any unit of local government, and any school district.
(Source: P.A. 93-6, eff. 1-1-04.)
(820 ILCS 112/30)
Violations; fines and penalties.
(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 of this Act, the employee may recover in a civil action
entire amount of any
underpayment together with interest and
the costs and reasonable attorney's
fees as may be
court and as necessary to make the employee whole. At the
request of the
employee or on a motion of the Director,
make an assignment of the wage claim in trust
for the assigning employee and
may bring any
necessary to collect the claim, and the employer shall be
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.
(b) The Director is authorized to supervise the payment of
the unpaid wages
owing to any
employee or employees under this
Act and may bring any legal action necessary
to recover the
amount of unpaid wages and penalties 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
the employee or employees affected.
provision of this Act or any rule
adopted under the Act
subject to a civil penalty
for each employee affected as
(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 4 or more 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.
not to exceed $2,500
for each violation for
employee affected, except that any
employer or person who
violates subsection (b) or (c) of Section 10 is subject to a
civil penalty not to exceed $5,000 for each violation for each
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
considered. The penalty may be recovered in a civil action
brought by the
any circuit court.
(Source: P.A. 96-467, eff. 8-14-09; 97-512, eff. 1-1-12.)
Effective Date: 1/1/2016