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| Public Act 102-0050 | ||||
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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 Illinois Wage Payment and Collection Act is | ||||
amended by changing Section 14 as follows:
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(820 ILCS 115/14) (from Ch. 48, par. 39m-14)
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Sec. 14. (a) Any employee not timely paid wages, final | ||||
compensation, or wage supplements by his or her employer as | ||||
required by this Act shall be entitled to recover through a | ||||
claim filed with the Department of Labor or in a civil action, | ||||
but not both, the amount of any such underpayments and damages | ||||
of 5% 2% of the amount of any such underpayments for each month | ||||
following the date of payment during which such underpayments | ||||
remain unpaid. In a civil action, such employee shall also | ||||
recover costs and all reasonable attorney's fees. | ||||
(a-5) In addition to the remedies provided in subsections | ||||
(a), (b), and (c) of this Section, any employer or any agent of | ||||
an employer, who, being able to pay wages,
final compensation, | ||||
or wage supplements and being under a duty to pay,
wilfully | ||||
refuses to pay as provided in this Act, or falsely denies the
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amount or validity thereof or that the same is due, with intent | ||||
to secure
for himself or other person any underpayment of such | ||||
indebtedness or with
intent to annoy, harass, oppress, hinder, | ||||
delay or defraud the person to
whom such indebtedness is due, | ||
upon conviction, is guilty of: | ||
(1) for unpaid wages, final compensation or wage | ||
supplements in the amount of $5,000 or less, a Class B | ||
misdemeanor; or | ||
(2) for unpaid wages, final compensation or wage | ||
supplements in the amount of more than $5,000, a Class A | ||
misdemeanor. | ||
Each day during which any violation of this Act continues
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shall constitute a separate and distinct offense.
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Any employer or any agent of an employer who violates this | ||
Section of the Act a subsequent time within 2 years of a prior | ||
criminal conviction under this Section is guilty, upon | ||
conviction, of a Class 4 felony. | ||
(b) Any employer who has been demanded or ordered by the | ||
Department or ordered by the court
to pay wages, final | ||
compensation, or wage supplements due an employee shall be | ||
required to pay a non-waivable administrative fee to the | ||
Department of Labor in the amount of $250 if the amount ordered | ||
by the Department as wages owed is $3,000 or less; $500 if the | ||
amount ordered by the Department as wages owed is more than | ||
$3,000, but less than $10,000; and $1,000 if the amount | ||
ordered by the Department as wages owed is $10,000 or more. Any | ||
employer who has been so demanded or ordered by the Department | ||
or ordered by a court to pay such wages, final compensation, or | ||
wage supplements and who fails to seek timely review of such a | ||
demand or order as provided for under this Act and who fails to | ||
comply within 15 calendar days after such demand or within 35 | ||
days of an administrative or court order is entered shall also | ||
be liable to pay a penalty to the Department of Labor of 20% of | ||
the amount found owing and a penalty to the employee of 1% per | ||
calendar day of the amount found owing for each day of delay in | ||
paying such wages to the employee. All moneys recovered as | ||
fees and civil penalties under this Act, except those owing to | ||
the affected employee, shall be deposited into the Wage Theft | ||
Enforcement Fund, a special fund which is hereby created in | ||
the State treasury. Moneys in the Fund may be used only for | ||
enforcement of this Act.
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(b-5) Penalties and fees under this Section may be | ||
assessed by the Department and recovered in a civil action | ||
brought by the Department in any circuit court or in any | ||
administrative adjudicative proceeding under this Act. In any | ||
such civil action or administrative adjudicative proceeding | ||
under this Act, the Department shall be represented by the | ||
Attorney General.
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(c) Any employer, or any agent of an employer, who | ||
discharges
or in any other manner discriminates against any | ||
employee because
that employee
has made a complaint to his | ||
employer, to the Director of Labor or his
authorized | ||
representative, in a public hearing, or to a community | ||
organization that he or she has not been paid in accordance
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with the provisions of this Act, or because that employee has | ||
caused to
be instituted any proceeding under or related to | ||
this Act, or because that
employee has testified or is about to | ||
testify in an investigation or proceeding
under this Act, is | ||
guilty, upon conviction, of a Class C misdemeanor. An employee | ||
who has been unlawfully retaliated against shall be entitled | ||
to recover through a claim filed with the Department of Labor | ||
or in a civil action, but not both, all legal and equitable | ||
relief as may be appropriate. In a civil action, such employee | ||
shall also recover costs and all reasonable attorney's fees.
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(Source: P.A. 98-527, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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