Bill Amendment: IL HB3452 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PODIATRY PRACTICE-VARIOUS

Status: 2019-01-11 - Public Act . . . . . . . . . 100-1175 [HB3452 Detail]

Download: Illinois-2017-HB3452-Senate_Amendment_002.html

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Sen. Daniel Biss

Filed: 11/8/2017

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AMENDMENT TO HOUSE BILL 3452
AMENDMENT NO. ______. Amend House Bill 3452 by replacing
everything after the enacting clause with the following:
"Section 5. If and only if House Bill 2462 of the 100th
General Assembly becomes law, then the Equal Pay Act of 2003 is
amended by changing Section 30 as follows:
(820 ILCS 112/30)
Sec. 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 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

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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.
(a-5) If an employer violates subsection (b), (b-5), or
(b-10) 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), or (b-10) 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

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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 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 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.
An employer or person who violates subsection (b), (b-5),
(b-10), or (c) of Section 10 is subject to a civil penalty not
to exceed $5,000 for each violation for each employee affected.
(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. 99-418, eff. 1-1-16; 1000HB2462enr.)
Section 99. Effective date. This Act takes effect January
1, 2018.".