Bill Amendment: IL HB5071 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: WORK WITHOUT FEAR ACT

Status: 2025-01-07 - Session Sine Die [HB5071 Detail]

Download: Illinois-2023-HB5071-House_Amendment_001.html

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Rep. Lilian Jim�nez

Filed: 4/4/2024

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AMENDMENT TO HOUSE BILL 5071
AMENDMENT NO. ______. Amend House Bill 5071 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Work
Without Fear Act.
Section 5. Legislative findings. The General Assembly
finds as follows:
(1) Wage theft is a serious and widespread problem
that causes severe hardship to low-wage workers, their
families, and their communities.
(2) When a worker is denied wages or is forced to work
"off the clock", there is an immediate and irreparable
harm to the worker and his or her family.
(3) Low-wage, often immigrant, workers are among the
most frequent victims of wage theft and are also exposed
to the greatest hazards at work.

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(4) Immigrant workers are among those most frequently
injured or killed on the job.
(5) Workers who come forward to expose unfair, unsafe,
or illegal conditions face retaliation from employers with
alarming frequency. When those workers are immigrants,
employer retaliation often involves threats or efforts to
contact law enforcement agencies, including immigration
enforcement agencies, if a worker engages in protected
conduct.
(6) No applicant or employee should have to fear
adverse action, whether it involves threats to cut hours,
move a worker to an undesirable schedule, or contact law
enforcement agencies, for exercising employment rights
guaranteed by the State of Illinois.
(7) It is in the public policy interest of the State of
Illinois that workers be able to report concerns to their
employers and to Illinois labor enforcement agencies
without fear of retaliation or discrimination.
(8) It is in the public policy interest of the State of
Illinois for workers to be willing to come forward to
expose hazardous, unsafe, and unfair conditions at their
work sites so that local, State, and federal agencies can
effectively enforce the law.
(9) It is essential to the enforcement of Illinois'
labor laws that broad, clear, and effective protections
from all forms of employer retaliation, including

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prohibiting immigration-related threats, exist for workers
engaging in conduct protected by law.
Section 10. Definitions. As used in this Act:
"Applicable employment laws" means the Illinois Wage
Payment and Collection Act, the Prevailing Wage Act, the
Minimum Wage Law, the Day and Temporary Labor Services Act,
the Equal Pay Act of 2003, the One Day Rest in Seven Act, the
Victims' Economic Security and Safety Act, the Employee Sick
Leave Act, the Child Labor Law, the Employee Classification
Act, the Domestic Workers Bill of Rights, the Right to Privacy
in the Workplace Act, the Illinois Worker Adjustment and
Retraining Notification Act, the Family Bereavement Leave Act,
the Job Opportunities for Qualified Applicants Act, the Paid
Leave for All Workers Act, the Personnel Record Review Act,
and any new Act concerning employment rights that the
Department of Labor maintains jurisdiction to enforce.
"Applicant" means any person pursuing employment with an
employer or with or through an employment agency or a day and
temporary labor service agency.
"Department" means the Department of Labor.
"Director" means the Director of Labor.
"Employer" means an individual, sole proprietorship,
partnership, firm, association, corporation, limited liability
company, business trust, and any other entity that has one or
more employees in this State or any person or group of persons

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acting directly or indirectly in the interest of an employer
in relation to an employee.
"Employee" means any individual permitted to work by an
employer in an occupation, but shall not include any
individual:
(1) who has been and will continue to be free from
control and direction over the performance of his or her
work, both under a contract of service with the employer
and in fact;
(2) who performs a service that is outside the usual
course of services performed by the employer; and
(3) who is in an independently established trade,
occupation, profession, or business.
"Employee" includes a worker who an employer incorrectly
classifies as an independent contractor.
"Family or household member" means a spouse or party to a
civil union, parent, grandparent, child, grandchild, sibling,
or any other person related by blood or by present or prior
marriage or civil union, any other person who shares a
relationship through a child, or any other individual whose
close association with the applicant, employee, or independent
contractor is the equivalent of a family relationship as
determined by the applicant, employee, independent contractor,
or persons jointly residing in the same household.
"Immigration-related retaliation" means any of the
following practices, when undertaken for a retaliatory

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purpose:
(1) contacting or threatening to contact United States
immigration authorities, or otherwise reporting or
threatening to report a person's or employee's suspected
citizenship or immigration status or the suspected
citizenship or immigration status of a family or household
member of the person or employee to a federal, State, or
local agency;
(2) using the federal E-Verify system to check the
employment authorization status of a person at a time or
in a manner not required under 8 U.S.C. 1324a(b) or not
authorized under any memorandum of understanding governing
the use of the federal E-Verify system;
(3) engaging in unfair documentary practices by
demanding more or different documents than necessary,
requesting specific documents, or rejecting reasonably
genuine-looking documents while verifying a worker's
citizenship, immigration status, or national origin, as
described in 8 U.S.C. 1324b(a)(6); and
(4) filing or threatening to file a false police
report.
"Immigration-related retaliation" does not include conduct
undertaken at the express and specific direction or request of
the federal government.
"Person" means every natural person, firm, partnership,
copartnership, limited liability company, corporation,

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association, business trust, or other legal entity, or its
legal representatives, agents, or assignees.
"Violation" means each incident of immigration-related
retaliation with respect to each of applicant, employee, and
independent contractors against whom immigration-related
retaliation was taken.
Section 15. Prohibited immigration-related retaliation.
(a) Notwithstanding any other provision of law, it shall
be unlawful for an employer or any other person or entity to
engage in, or to direct another person or entity to engage in,
immigration-related retaliation against any applicant,
employee, independent contractor, or his or her family member
or household member for the purpose of, or with the effect of,
retaliating against any applicant, employee, or independent
contractor who in good faith:
(1) files a complaint or informs any person of an
employer's or other party's alleged violation of an
applicable employment law;
(2) seeks information regarding whether an employer or
other party is in compliance with an applicable employment
law;
(3) informs a person of his or her potential rights
and remedies under an applicable employment law or assists
them in asserting those rights;
(4) files a complaint, seeks information, informs any

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person of an employer's or third-party's alleged violation
of rights, or informs a person of his or her rights
concerning conduct prohibited by Section 2-101 of the
Illinois Human Rights Act;
(5) has exercised his or her rights protected by an
applicable employment law in any former employment; or
(6) discloses or threatens to disclose that an
activity, policy, or practice of the employer poses a
substantial and specific danger to public health or
safety.
(b) Engaging in immigration-related retaliation against a
person within 90 days after the person's exercise of rights
protected under this Act shall raise a rebuttable presumption
of having done so in retaliation for the exercise of those
rights. The presumption of an unfair immigration-related
action taken by an employer or other entity may be rebutted by
clear and convincing evidence that the action was taken for a
lawful purpose.
Section 20. Enforcement by Department.
(a) It shall be the duty of the Department to inquire
diligently into any alleged violations of this Act, to
institute the actions for the penalties provided in this
Section, and to enforce the provisions of this Act.
(1) An applicant or employee may file a complaint with
the Department alleging a violation of this Act, except

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for a violation of paragraph (4) of subsection (a) of
Section 15, by submitting a signed, completed complaint on
the form provided by the Department alleging
immigration-related retaliation and by submitting copies
of all supporting documentation. Complaints shall be filed
within one year after the date of the retaliation.
(2) Complaints shall be reviewed by the Department to
determine whether there is cause for investigation.
(b) The Department shall have the following powers to
enforce this Act:
(1) Investigate and attempt equitably to adjust
controversies between applicants or employees and
employers regarding claims of immigration-related
retaliation under this Act, including administering oaths,
subpoenaing and examining witnesses, issuing subpoenas
duces tecum requiring the production of books, papers,
records, and documents as may be evidence of any matter
under inquiry, and examining and inspecting the books,
papers, records, and documents as may relate to the
question in dispute. Service of 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 the court.

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(2) Take complaints of immigration-related retaliation
in the name of the Director and his or her successors in
office and prosecute actions for the collection of
remedies and penalties for immigration-related retaliation
for persons financially unable to prosecute the claims
when in the judgment of the Department the 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 the
actions. If there is a judgment rendered against the
defendant, the court shall assess as part of the judgment
the costs of the proceeding. Upon collection of the
judgment, the Department shall pay from the proceeds of
the judgment the costs to the person who is by law entitled
to compensation. The Department may join in a single
proceeding any number of immigration-related retaliation
claims against the same employer, but the court shall have
discretionary power to order a severance or separate trial
for hearings.
(3) Make complaint in any court of competent
jurisdiction of violations of this Act.
In addition to these powers, the Department may establish
an administrative procedure to adjudicate claims and to issue
final and binding administrative decisions on claims subject
to the Administrative Review Law. To establish the procedure,
the Director or the Director's authorized representative may

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adopt rules. The adoption, amendment, or rescission of rules
for the 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 an immigration-related
retaliation claim, and the employer or other party has
neither: (i) made the required payment within 35 days after
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.
Section 25. Enforcement by Attorney General.
(a) Whenever the Attorney General has reasonable cause to
believe that any employer, putative employer, or person acting
on behalf of an employer has violated this Act, the Attorney
General may, pursuant to the authority in Section 6.3 of the
Attorney General Act, initiate or intervene in a civil action
in the name of the People of the State in any circuit court to
obtain appropriate relief.

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(b) Before initiating or intervening in an action, the
Attorney General may, pursuant to the authority in Section 6.3
of the Attorney General Act, conduct an investigation and may:
(1) require any individual to file a statement or
report in writing under oath or otherwise as to all
information the Attorney General may consider necessary;
(2) examine under oath any individual alleged to have
participated in or with knowledge of the alleged
violation; or
(3) issue subpoenas or conduct hearings in aid of any
investigation.
(c) Whenever a party refuses to produce a document, answer
an interrogatory, or provide testimony under oath in response
to a subpoena from the Attorney General, the Attorney General,
pursuant to the authority in Section 6.3 of the Attorney
General Act, may petition the circuit court for an order
compelling compliance.
Section 30. Private right of action. Nothing in this Act
shall be construed to prevent any applicant, employee,
putative employee, or independent contractor from making
complaint or prosecuting his or her own claim for damages
caused by immigration-related retaliation. Any applicant,
employee, putative employee, or independent contractor
aggrieved by an actual or suspected violation of this Act or
any rule adopted under this Act may, within 2 years after the

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date of the retaliation, file suit in circuit court, in the
county where the alleged violation occurred or where any
person who is party to the action resides, or in the Court of
Claims for any action filed against the State, without regard
to exhaustion of any alternative administrative remedies
provided in this Act. Actions may be brought by one or more
applicants, employees, or independent contractors for and on
behalf of themselves and other persons similarly situated.
Section 35. Remedies and penalties.
(a) An applicant, employee, or other person who is the
subject of an immigration-related retaliation prohibited by
this Act, or a representative of that applicant, employee, or
person, may bring a civil action for any one or more of the
following remedies:
(1) back pay, with interest, and front pay, or, in
lieu of actual damages, at the employee's election,
liquidated damages of $30,000;
(2) a civil penalty in an amount not to exceed
$10,000, payable to the applicant, employee, or
independent contractor;
(3) reasonable attorney's fees and court costs,
including any expert witness costs; and
(4) equitable relief as the court may deem appropriate
and just.
An action under this Act shall not limit or otherwise

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affect the applicability of other rights and remedies under an
applicable employment law or under the Whistleblower Act.
(b) An employer that violates any provision of this Act
shall be subject to an additional civil penalty in an amount of
$25,000 for each violation of Section 15 and $50,000 for each
repeat violation of Section 15 within a 5-year period.
The penalty amount may be recovered in any administrative
proceeding by the Department or a civil action filed in any
circuit court by the Director or the Attorney General. All
moneys received by the Department as fees and civil penalties
under this Act shall be used by the Department for
administration, investigation, and other expenses incurred in
carrying out its powers and duties under this Act.
In any civil action brought by the Attorney General, the
penalty amount shall be deposited into the Attorney General
Court Ordered and Voluntary Compliance Payment Projects Fund.
Moneys in the Fund shall be used for the performance of any
function pertaining to the exercise of the duties of the
Attorney General, including, but not limited to, enforcement
of any law of this State and conducting public education
programs. However, any moneys in the Fund that are required by
the court or by an agreement to be used for a particular
purpose shall be used for that purpose. Any uncollected
penalty amount shall be subject to the provisions of the
Illinois State Collection Act of 1986.
(c) An applicant, employee, or other person who is the

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subject of immigration-related retaliation prohibited by this
Section, and who prevails in an action authorized by this
Section, shall recover its reasonable attorney's fees and
costs, including any expert witness costs.
Section 40. Administration. The Director or the Director's
authorized representatives shall administer and enforce the
provisions of this Act. In order to accomplish the objectives
of this Act and to carry out the duties prescribed by this Act,
the Director or the Director's authorized representatives
shall, within one year after the effective date of this Act,
adopt rules necessary to administer and enforce the provisions
of this Act, including the procedures that shall be followed
for investigations and hearings under Section 20, in
accordance with the Illinois Administrative Procedure Act.