Bill Amendment: IL SB2280 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LABOR-WORK-RELATED NOTICES
Status: 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB2280 Detail]
Download: Illinois-2023-SB2280-Senate_Amendment_002.html
Bill Title: LABOR-WORK-RELATED NOTICES
Status: 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB2280 Detail]
Download: Illinois-2023-SB2280-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2280
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2 | AMENDMENT NO. ______. Amend Senate Bill 2280 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 5.942 as follows:
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6 | (30 ILCS 105/5.942)
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7 | Sec. 5.942. The Equal Pay Registration Fund. | ||||||
8 | (Source: P.A. 101-656, eff. 3-23-21; 102-813, eff. 5-13-22.)
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9 | Section 10. The Personnel Record Review Act is amended by | ||||||
10 | changing Section 2 as follows:
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11 | (820 ILCS 40/2) (from Ch. 48, par. 2002)
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12 | Sec. 2. Open Records. Every employer shall, upon an | ||||||
13 | employee's request
which the employer may require be in | ||||||
14 | writing on a form supplied by the
employer, permit the |
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1 | employee to inspect any personnel documents which are,
have | ||||||
2 | been or are intended to be used in determining that employee's | ||||||
3 | qualifications for
employment, promotion, transfer,
additional | ||||||
4 | compensation, discharge or other disciplinary action,
except | ||||||
5 | as provided in Section 10. The inspection right
encompasses | ||||||
6 | personnel documents in
the possession of a person, | ||||||
7 | corporation, partnership, or other association
having a | ||||||
8 | contractual agreement with the employer to keep or supply a | ||||||
9 | personnel
record. An employee may request all or any part of | ||||||
10 | his or her
records, except as provided in Section 10. The | ||||||
11 | employer shall grant at least
2 inspection requests by an | ||||||
12 | employee in a calendar year when requests are
made at | ||||||
13 | reasonable intervals, unless otherwise
provided in a | ||||||
14 | collective bargaining agreement. The employer
shall provide | ||||||
15 | the employee with the inspection opportunity within 7 working
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16 | days after the employee makes the request or if the employer | ||||||
17 | can reasonably
show that such deadline cannot be met, the | ||||||
18 | employer shall have an
additional 7 days to comply. The | ||||||
19 | inspection shall take place
at a location reasonably near the | ||||||
20 | employee's place of employment and during
normal working | ||||||
21 | hours.
The employer may allow the inspection to take place at a | ||||||
22 | time other than
working hours or at a place other than where | ||||||
23 | the records are maintained
if that time or place would be more | ||||||
24 | convenient for the employee.
Nothing in this Act shall be | ||||||
25 | construed as a requirement that an
employee be permitted to | ||||||
26 | remove any part of such personnel records or any
part of such |
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1 | records from the place on the employer's premises where it is
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2 | made available for inspection. Each employer shall retain the | ||||||
3 | right to
protect his records from loss, damage, or alteration | ||||||
4 | to insure the integrity
of the records. The
If an employee | ||||||
5 | demonstrates that he or she is unable to review his or her | ||||||
6 | personnel record
at the employing unit, the employer shall, | ||||||
7 | upon the employee's written
request, email or mail a copy of | ||||||
8 | the requested record to the employee by the email address or | ||||||
9 | mailing address identified by the employee for the purpose of | ||||||
10 | receiving the copy of requested record. An employer may charge | ||||||
11 | a fee for providing a copy of the requested record. The fee | ||||||
12 | shall be limited to the actual cost of duplicating the | ||||||
13 | requested record .
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14 | (Source: P.A. 83-1362.)
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15 | (820 ILCS 40/3 rep.)
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16 | Section 15. The Personnel Record Review Act is amended by | ||||||
17 | repealing Section 3.
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18 | Section 20. The Minimum Wage Law is amended by changing | ||||||
19 | Sections 9 and 12 as follows:
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20 | (820 ILCS 105/9) (from Ch. 48, par. 1009)
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21 | Sec. 9.
Every employer subject to any provision of this | ||||||
22 | Act or of any
regulations issued under this Act shall keep a | ||||||
23 | summary of this Act approved
by the Director, and copies of any |
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1 | applicable regulations issued under this
Act or a summary of | ||||||
2 | such regulations, posted in a conspicuous and
accessible place | ||||||
3 | in or about the premises wherever any person subject to
this | ||||||
4 | Act is employed. Every employer subject to any provision of | ||||||
5 | this Act or any regulations issued under this Act with | ||||||
6 | employees who do not regularly report to a physical workplace, | ||||||
7 | such as employees who work remotely or travel for work, shall | ||||||
8 | also provide the summaries and regulations by email to its | ||||||
9 | employees or conspicuous posting on the employer's website or | ||||||
10 | intranet site, if such site is regularly used by the employer | ||||||
11 | to communicate work-related information to employees and is | ||||||
12 | able to be regularly accessed by all employees, freely and | ||||||
13 | without interference. Employers shall be furnished copies of | ||||||
14 | such summaries
and regulations by the State on request without | ||||||
15 | charge.
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16 | (Source: P.A. 77-1451.)
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17 | (820 ILCS 105/12) (from Ch. 48, par. 1012)
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18 | Sec. 12. (a) If any employee is paid by his employer less | ||||||
19 | than the wage
to which he is entitled under the provisions of | ||||||
20 | this Act, the employee may
recover in a civil
action treble the | ||||||
21 | amount of any such underpayments together with costs and such
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22 | reasonable attorney's fees as may be allowed by the Court, and | ||||||
23 | damages of 5% of the amount of any such underpayments for each | ||||||
24 | month following the date of payment during which such | ||||||
25 | underpayments remain unpaid. Any
agreement between the |
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1 | employee and the employer to work for less than such wage is
no | ||||||
2 | defense to such action. At the request of the employee or on | ||||||
3 | motion
of the Director of Labor, the
Department of Labor may | ||||||
4 | make an assignment of such wage claim in trust for
the | ||||||
5 | assigning employee and may bring any legal action necessary to | ||||||
6 | collect
such claim, and the employer shall be required to pay | ||||||
7 | the costs incurred in
collecting such claim. Every such action | ||||||
8 | shall be brought within
3 years from the date of the | ||||||
9 | underpayment. Such employer shall be liable
to the Department | ||||||
10 | of Labor for a penalty in an amount of up to 20% of the total | ||||||
11 | employer's underpayment
where the employer's conduct is proven | ||||||
12 | by a preponderance of the evidence to be willful, repeated, or | ||||||
13 | with reckless disregard of this Act or any rule adopted under | ||||||
14 | this Act. Such employer shall be liable to the Department for | ||||||
15 | an additional penalty of $1,500 . All administrative penalties | ||||||
16 | ordered under this Act shall be paid by certified check, money | ||||||
17 | order, or by an electronic payment system designated by the | ||||||
18 | Department, and shall be made , payable to or deposited into | ||||||
19 | the Department's Wage Theft Enforcement Fund. Such employer | ||||||
20 | shall be additionally
liable to the employee for damages in | ||||||
21 | the amount of 5% of the amount
of any such underpayments for | ||||||
22 | each month following the date of payment
during which such | ||||||
23 | underpayments
remain unpaid. These penalties and damages may | ||||||
24 | be recovered in a
civil action brought by the Director of Labor | ||||||
25 | in any circuit court. In any
such action, the Director of Labor | ||||||
26 | shall be represented by the Attorney
General.
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1 | If an employee collects damages of 5% of the amount
of | ||||||
2 | underpayments as a result of an action brought by the Director | ||||||
3 | of Labor, the employee may not also collect those damages in a | ||||||
4 | private action brought by the employee for the same violation. | ||||||
5 | If an employee collects damages of 5% of the amount
of | ||||||
6 | underpayments in a private action brought by the employee, the | ||||||
7 | employee may not also collect those damages as a result of an | ||||||
8 | action brought by the Director of Labor for the same | ||||||
9 | violation.
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10 | (b) If an employee has not collected damages under | ||||||
11 | subsection (a) for the same violation, the Director is | ||||||
12 | authorized to supervise the payment of the unpaid
minimum | ||||||
13 | wages and the unpaid overtime compensation owing to any | ||||||
14 | employee
or employees under Sections 4 and 4a of this Act and | ||||||
15 | may bring any legal
action necessary to recover the amount of | ||||||
16 | the unpaid minimum wages and unpaid
overtime compensation and | ||||||
17 | an equal additional amount as
damages,
and the employer shall | ||||||
18 | be required to pay the costs incurred in collecting such | ||||||
19 | claim. Such employer shall be additionally liable to the | ||||||
20 | Department of Labor for up to 20% of the total employer's | ||||||
21 | underpayment where the employer's conduct is proven by a | ||||||
22 | preponderance of the evidence to be willful, repeated, or with | ||||||
23 | reckless disregard of this Act or any rule adopted under this | ||||||
24 | Act. Such employer shall be liable to the Department of Labor | ||||||
25 | for an additional penalty of $1,500, payable to the | ||||||
26 | Department's Wage Theft Enforcement Fund.
The action shall be |
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1 | brought within 5 years from the date of the failure to
pay
the | ||||||
2 | wages or compensation.
Any sums thus recovered
by the Director | ||||||
3 | on behalf of an employee pursuant to this subsection shall
be | ||||||
4 | paid to the employee or employees affected. Any sums which, | ||||||
5 | more than one
year after being thus recovered, the Director is | ||||||
6 | unable to pay to
an employee shall be deposited into the | ||||||
7 | General Revenue Fund.
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8 | (Source: P.A. 101-1, eff. 2-19-19.)
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9 | Section 25. The Equal Pay Act of 2003 is amended by | ||||||
10 | changing Sections 11, 30, and 40, and by adding Section 33 as | ||||||
11 | follows:
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12 | (820 ILCS 112/11) | ||||||
13 | Sec. 11. Equal pay registration certificate requirements; | ||||||
14 | application. For the purposes of this Section 11 only, | ||||||
15 | "business" means any private employer who has 100 or more | ||||||
16 | employees in the State of Illinois and is required to file an | ||||||
17 | Annual Employer Information Report EEO-1 with the Equal | ||||||
18 | Employment Opportunity Commission, but does not include the | ||||||
19 | State of Illinois or any political subdivision, municipal | ||||||
20 | corporation, or other governmental unit or agency. | ||||||
21 | (a) A business must obtain an equal pay registration | ||||||
22 | certificate from the Department. | ||||||
23 | (b) Any business subject to the requirements of this | ||||||
24 | Section that is authorized to transact business in this State |
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1 | on March 23, 2021 shall submit an application to obtain an | ||||||
2 | equal pay registration certificate, between March 24, 2022 and | ||||||
3 | March 23, 2024, and must recertify every 2 years thereafter. | ||||||
4 | Any business subject to the requirements of this Section that | ||||||
5 | is authorized to transact business in this State after March | ||||||
6 | 23, 2021 must submit an application to obtain an equal pay | ||||||
7 | registration certificate within 3 years of commencing business | ||||||
8 | operations, but not before January 1, 2024, and must recertify | ||||||
9 | every 2 years thereafter. The Department shall collect contact | ||||||
10 | information from each business subject to this Section. The | ||||||
11 | Department shall assign each business a date by which it must | ||||||
12 | submit an application to obtain an equal pay registration | ||||||
13 | certificate. The business shall recertify every 2 years at a | ||||||
14 | date to be determined by the Department. When a business | ||||||
15 | receives a notice from the Department to recertify for its | ||||||
16 | equal pay registration certificate, if the business has fewer | ||||||
17 | than 100 employees, the business must certify in writing to | ||||||
18 | the Department that it is exempt from this Section. Any new | ||||||
19 | business that is subject to this Section and authorized to | ||||||
20 | conduct business in this State, after the effective date of | ||||||
21 | this amendatory Act of the 102nd General Assembly, shall | ||||||
22 | submit its contact information to the Department by January 1 | ||||||
23 | of the following year and shall be assigned a date by which it | ||||||
24 | must submit an application to obtain an equal pay registration | ||||||
25 | certificate. The Department's failure to assign a business a | ||||||
26 | registration date does not exempt the business from compliance |
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1 | with this Section. The failure of the Department to notify a | ||||||
2 | business of its recertification deadline may be a mitigating | ||||||
3 | factor when making a determination of a violation of this | ||||||
4 | Section. | ||||||
5 | (c) Application. | ||||||
6 | (1) A business shall apply for an equal pay | ||||||
7 | registration certificate by paying a $150 filing fee and | ||||||
8 | submitting wage records and an equal pay compliance | ||||||
9 | statement to the Director as follows: | ||||||
10 | (A) Wage Records. Any business that is required to | ||||||
11 | file an annual Employer Information Report EEO-1 with | ||||||
12 | the Equal Employment Opportunity Commission must also | ||||||
13 | submit to the Director a copy of the business's most | ||||||
14 | recently filed Employer Information Report EEO-1. The | ||||||
15 | business shall also compile a list of all employees | ||||||
16 | during the past calendar year, separated by gender and | ||||||
17 | the race and ethnicity categories as reported in the | ||||||
18 | business's most recently filed Employer Information | ||||||
19 | Report EEO-1, and the county in which the employee | ||||||
20 | works, the date the employee started working for the | ||||||
21 | business, any other information the Department deems | ||||||
22 | necessary to determine if pay equity exists among | ||||||
23 | employees, and report the total wages as defined by | ||||||
24 | Section 2 of the Illinois Wage Payment and Collection | ||||||
25 | Act paid to each employee during the past calendar | ||||||
26 | year, rounded to the nearest $100, to the Director. |
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1 | (B) Equal Pay Compliance Statement. The business | ||||||
2 | must submit a statement signed by a corporate officer, | ||||||
3 | legal counsel, or authorized agent of the business | ||||||
4 | certifying: | ||||||
5 | (i) that the business is in compliance with | ||||||
6 | this Act and other relevant laws, including but | ||||||
7 | not limited to: Title VII of the Civil Rights Act | ||||||
8 | of 1964, the Equal Pay Act of 1963, the Illinois | ||||||
9 | Human Rights Act, and the Equal Wage Act; | ||||||
10 | (ii) that the average compensation for its | ||||||
11 | female and minority employees is not consistently | ||||||
12 | below the average compensation , as determined by | ||||||
13 | rule by the United States Department of Labor, for | ||||||
14 | its male and non-minority employees within each of | ||||||
15 | the major job categories in the Employer | ||||||
16 | Information Report EEO-1 for which an employee is | ||||||
17 | expected to perform work, taking into account | ||||||
18 | factors such as length of service, requirements of | ||||||
19 | specific jobs, experience, skill, effort, | ||||||
20 | responsibility, working conditions of the job, | ||||||
21 | education or training, job location, use of a | ||||||
22 | collective bargaining agreement, or other | ||||||
23 | mitigating factors; as used in this subparagraph, | ||||||
24 | "minority" has the meaning ascribed to that term | ||||||
25 | in paragraph (1) of subsection (A) of Section 2 of | ||||||
26 | the Business Enterprise for Minorities, Women, and |
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1 | Persons with Disabilities Act ; and as used in this | ||||||
2 | subparagraph, "compensation" means remuneration or | ||||||
3 | compensation an employee receives in return for | ||||||
4 | services rendered to an employer, including hourly | ||||||
5 | wages, overtime wages, commissions, piece rate | ||||||
6 | work, salary, bonuses, or any other basis of | ||||||
7 | calculation for services performed ; | ||||||
8 | (iii) that the business does not restrict | ||||||
9 | employees of one sex to certain job | ||||||
10 | classifications, and makes retention and promotion | ||||||
11 | decisions without regard to sex; | ||||||
12 | (iv) that wage and benefit disparities are | ||||||
13 | corrected when identified to ensure compliance | ||||||
14 | with the Acts cited in item (i); | ||||||
15 | (v) how often wages and benefits are | ||||||
16 | evaluated; and | ||||||
17 | (vi) the approach the business takes in | ||||||
18 | determining what level of wages and benefits to | ||||||
19 | pay its employees; acceptable approaches include, | ||||||
20 | but are not limited to, a wage and salary survey. | ||||||
21 | (C) Filing fee. The business shall pay to the | ||||||
22 | Department a filing fee of $150. Proceeds from the | ||||||
23 | fees collected under this Section shall be deposited | ||||||
24 | into the Equal Pay Registration Fund, a special fund | ||||||
25 | created in the State treasury. Moneys in the Fund | ||||||
26 | shall be appropriated to the Department for the |
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1 | purposes of this Section. | ||||||
2 | (2) Receipt of the equal pay compliance application | ||||||
3 | and statement by the Director does not establish | ||||||
4 | compliance with the Acts set forth in item (i) of | ||||||
5 | subparagraph (B) of paragraph (1) of this subsection (c). | ||||||
6 | (3) A business that has employees in multiple | ||||||
7 | locations or facilities in
Illinois shall submit a single | ||||||
8 | application to the Department regarding all of its
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9 | operations in Illinois. | ||||||
10 | (d) Issuance or rejection of registration certificate. | ||||||
11 | After January 1, 2022, the Director must issue an equal pay | ||||||
12 | registration certificate, or a statement of why the | ||||||
13 | application was rejected, within 45 calendar days of receipt | ||||||
14 | of the application. Applicants shall have the opportunity to | ||||||
15 | cure any deficiencies in its application that led to the | ||||||
16 | rejection, and re-submit the revised application to the | ||||||
17 | Department within 30 calendar days of receiving a rejection. | ||||||
18 | Applicants shall have the ability to appeal rejected | ||||||
19 | applications. An application may be rejected only if it does | ||||||
20 | not comply with the requirements of subsection (c), or the | ||||||
21 | business is otherwise found to be in violation of this Act. The | ||||||
22 | receipt of an application by the Department, or the issuance | ||||||
23 | of a registration certificate by the Department, shall not | ||||||
24 | establish compliance with the Equal Pay Act of 2003 as to all | ||||||
25 | Sections except Section 11. The issuance of a registration | ||||||
26 | certificate shall not be a defense against any Equal Pay Act |
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1 | violation found by the Department, nor a basis for mitigation | ||||||
2 | of damages. | ||||||
3 | (e) Revocation of registration certificate. An equal pay | ||||||
4 | registration certificate for a business may be suspended or | ||||||
5 | revoked by the Director when the business fails to make a good | ||||||
6 | faith effort to comply with the Acts identified in item (i) of | ||||||
7 | subparagraph (B) of paragraph (1) of subsection (c), fails to | ||||||
8 | make a good faith effort to comply with this Section, or has | ||||||
9 | multiple violations of this Section or the Acts identified in | ||||||
10 | item (i) of subparagraph (B) of paragraph (1) of subsection | ||||||
11 | (c). Prior to suspending or revoking a registration | ||||||
12 | certificate, the Director must first have sought to conciliate | ||||||
13 | with the business regarding wages and benefits due to | ||||||
14 | employees. | ||||||
15 | Consistent with Section 25, prior to or in connection with | ||||||
16 | the suspension or revocation of an equal pay registration | ||||||
17 | certificate, the Director, or his or her authorized | ||||||
18 | representative, may interview workers, administer oaths, take | ||||||
19 | or cause to be taken the depositions of witnesses, and require | ||||||
20 | by subpoena the attendance and testimony of witnesses, and the | ||||||
21 | production of personnel and compensation information relative | ||||||
22 | to the matter under investigation, hearing or a | ||||||
23 | department-initiated audit. | ||||||
24 | Neither the Department nor the Director shall be held | ||||||
25 | liable for good faith errors in issuing, denying, suspending | ||||||
26 | or revoking certificates. |
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1 | (f) Administrative review. A business may obtain an | ||||||
2 | administrative hearing in accordance with the Illinois | ||||||
3 | Administrative Procedure Act before the suspension or | ||||||
4 | revocation of its certificate or imposition of civil penalties | ||||||
5 | as provided by subsection (i) is effective by filing a written | ||||||
6 | request for hearing within 20 calendar days after service of | ||||||
7 | notice by the Director. | ||||||
8 | (g) Technical assistance. The Director must provide | ||||||
9 | technical assistance to any business that requests assistance | ||||||
10 | regarding this Section. | ||||||
11 | (h) Access to data. | ||||||
12 | (1) Any individually identifiable information | ||||||
13 | submitted to the Director within or related to an equal | ||||||
14 | pay registration application or otherwise provided by an | ||||||
15 | employer in its equal pay compliance statement under | ||||||
16 | subsection (c) shall be considered confidential | ||||||
17 | information and not subject to disclosure pursuant to the | ||||||
18 | Illinois Freedom of Information Act. As used in this | ||||||
19 | Section, "individually identifiable information" means | ||||||
20 | data submitted pursuant to this Section that is associated | ||||||
21 | with a specific person or business. Aggregate data or | ||||||
22 | reports that are reasonably calculated to prevent the | ||||||
23 | association of any data with any individual business or | ||||||
24 | person are not confidential information. Aggregate data | ||||||
25 | shall include the job category and the average hourly wage | ||||||
26 | by county for each gender, race, and ethnicity category on |
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1 | the registration certificate applications. The Department | ||||||
2 | of Labor may compile aggregate data from registration | ||||||
3 | certificate applications. | ||||||
4 | (2) The Director's decision to issue, not issue, | ||||||
5 | revoke, or suspend an equal pay registration certificate | ||||||
6 | is public information. | ||||||
7 | (3) Notwithstanding this subsection (h), a current | ||||||
8 | employee of a covered business may request anonymized data | ||||||
9 | regarding their job classification or title and the pay | ||||||
10 | for that classification. No individually identifiable | ||||||
11 | information may be provided to an employee making a | ||||||
12 | request under this paragraph. | ||||||
13 | (4) Notwithstanding this subsection (h), the | ||||||
14 | Department may share data and identifiable information | ||||||
15 | with the Department of Human Rights, pursuant to its | ||||||
16 | enforcement of Article 2 of the Illinois Human Rights Act, | ||||||
17 | or the Office of the Attorney General, pursuant to its | ||||||
18 | enforcement of Section 10-104 of the Illinois Human Rights | ||||||
19 | Act. | ||||||
20 | (5) Any Department employee who willfully and | ||||||
21 | knowingly divulges, except in accordance with a proper | ||||||
22 | judicial order or otherwise provided by law, confidential | ||||||
23 | information received by the Department from any business | ||||||
24 | pursuant to this Act shall be deemed to have violated the | ||||||
25 | State Officials and Employees Ethics Act and be subject to | ||||||
26 | the penalties established under subsections (e) and (f) of |
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1 | Section 50-5 of that Act after investigation and | ||||||
2 | opportunity for hearing before the Executive Ethics | ||||||
3 | Commission in accordance with Section 20-50 of that Act. | ||||||
4 | (i) Penalty. Falsification or misrepresentation of | ||||||
5 | information on an application submitted to the Department | ||||||
6 | shall constitute a violation of this Act and the Department | ||||||
7 | may seek to suspend or revoke an equal pay registration | ||||||
8 | certificate or impose civil penalties as provided under | ||||||
9 | subsection (c) of Section 30.
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10 | (Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; | ||||||
11 | 102-705, eff. 4-22-22.)
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12 | (820 ILCS 112/30)
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13 | Sec. 30. Violations; fines and penalties.
| ||||||
14 | (a) If an employee is paid by his or her employer less than | ||||||
15 | the wage to
which he or
she is entitled in
violation of Section | ||||||
16 | 10 or 11 of this Act, the employee may recover in a civil | ||||||
17 | action
the entire amount of any
underpayment together with | ||||||
18 | interest, compensatory damages if the employee demonstrates | ||||||
19 | that the employer acted with malice or reckless indifference, | ||||||
20 | punitive damages as may be appropriate, injunctive relief as | ||||||
21 | may be appropriate, and the costs and reasonable attorney's
| ||||||
22 | fees as may be
allowed by the
court and as necessary to make | ||||||
23 | the employee whole. At the request of the
employee or on a | ||||||
24 | motion of the Director,
the Department may
make an assignment | ||||||
25 | of the wage claim in trust for the assigning employee and
may |
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1 | bring any
legal action necessary to collect the claim, and the | ||||||
2 | employer shall be required
to pay the costs
incurred in | ||||||
3 | collecting the claim. Every such action shall be brought | ||||||
4 | within 5
years from the date
of the underpayment. For purposes | ||||||
5 | of this Act, "date of the underpayment" means each time wages | ||||||
6 | are underpaid.
| ||||||
7 | (a-5) If an employer violates subsection (b), (b-5), | ||||||
8 | (b-10), or (b-20) of Section 10, the employee may recover in a | ||||||
9 | civil action any damages incurred, special damages not to | ||||||
10 | exceed $10,000, injunctive relief as may be appropriate, and | ||||||
11 | costs and reasonable attorney's fees as may be allowed by the | ||||||
12 | court and as necessary to make the employee whole. If special | ||||||
13 | damages are available, an employee may recover compensatory | ||||||
14 | damages only to the extent such damages exceed the amount of | ||||||
15 | special damages. Such action shall be brought within 5 years | ||||||
16 | from the date of the violation. | ||||||
17 | (b) The Director is authorized to supervise the payment of | ||||||
18 | the unpaid wages under subsection (a) or damages under | ||||||
19 | subsection (b), (b-5), (b-10), or (b-20) of Section 10
owing | ||||||
20 | to any
employee or employees under this Act and may bring any | ||||||
21 | legal action necessary
to recover the
amount of unpaid wages, | ||||||
22 | damages, and penalties or to seek injunctive relief, and the | ||||||
23 | employer shall be required to pay
the costs. Any
sums | ||||||
24 | recovered by the Director on behalf of an employee under this
| ||||||
25 | Section shall be
paid to the employee or employees affected.
| ||||||
26 | (c) Employers who violate any provision of this Act or any |
| |||||||
| |||||||
1 | rule
adopted under the Act are subject to a civil penalty , | ||||||
2 | payable to the Department, for each employee affected as | ||||||
3 | follows: | ||||||
4 | (1) An employer with fewer than 4 employees: first | ||||||
5 | offense, a fine not to exceed $500; second offense, a fine | ||||||
6 | not to exceed $2,500; third or subsequent offense, a fine | ||||||
7 | not to exceed $5,000. | ||||||
8 | (2) An employer with between 4 and 99 employees: first | ||||||
9 | offense, a fine not to exceed $2,500; second offense, a | ||||||
10 | fine not to exceed $3,000; third or subsequent offense, a | ||||||
11 | fine not to exceed $5,000. | ||||||
12 | (3) An employer with 100 or more employees who | ||||||
13 | violates any Section of this Act except for Section 11 | ||||||
14 | shall be fined up to $10,000 per employee affected. An | ||||||
15 | employer with 100 or more employees that is a business as | ||||||
16 | defined under Section 11 and commits a violation of | ||||||
17 | Section 11 shall be fined up to $10,000. | ||||||
18 | Before any imposition of a penalty under this subsection, | ||||||
19 | an employer with 100 or more employees who violates item (b) of | ||||||
20 | Section 11 and inadvertently fails to file an initial | ||||||
21 | application or recertification shall be provided 30 calendar | ||||||
22 | days by the Department to submit the application or | ||||||
23 | recertification. | ||||||
24 | An employer or person who violates subsection (b), (b-5), | ||||||
25 | (b-10), (b-20), or (c) of Section 10 is subject to a civil | ||||||
26 | penalty not to exceed $5,000 for each violation for each |
| |||||||
| |||||||
1 | employee affected , payable to the Department . | ||||||
2 | (d) In determining the amount of the penalty, the
| ||||||
3 | appropriateness of the
penalty to the size of the business of | ||||||
4 | the employer charged and the gravity of
the violation shall
be | ||||||
5 | considered. The penalty may be recovered in a civil action | ||||||
6 | brought by the
Director in
any circuit court.
| ||||||
7 | (Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
| ||||||
8 | (820 ILCS 112/33 new) | ||||||
9 | Sec. 33. Equal Pay Fund. All moneys owed to the Department | ||||||
10 | under this Act shall be deposited into the Equal Pay Fund and | ||||||
11 | may be appropriated to the Department for the administration | ||||||
12 | and enforcement of this Act.
| ||||||
13 | (820 ILCS 112/40)
| ||||||
14 | Sec. 40. Notification. Every employer covered by this Act | ||||||
15 | shall post and
keep posted, in conspicuous places on the | ||||||
16 | premises of the employer where
notices to employees are | ||||||
17 | customarily posted, a notice, to be prepared or
approved by | ||||||
18 | the Director, summarizing the requirements of this Act and
| ||||||
19 | information pertaining to the filing of a charge. Every | ||||||
20 | employer with employees who do not regularly report to a | ||||||
21 | physical workplace, such as employees who work remotely or | ||||||
22 | travel for work, shall also provide the summary and notice by | ||||||
23 | email to its employees or conspicuous posting on the | ||||||
24 | employer's website or intranet site, if such site is regularly |
| |||||||
| |||||||
1 | used by the employer to communicate work-related information | ||||||
2 | to employees and is able to be regularly accessed by all | ||||||
3 | employees, freely and without interference. The Director shall | ||||||
4 | furnish
copies of summaries and rules to employers upon | ||||||
5 | request without charge.
| ||||||
6 | (Source: P.A. 93-6, eff. 1-1-04.)
| ||||||
7 | Section 30. The Illinois Wage Payment and Collection Act | ||||||
8 | is amended by changing Sections 3 and 11 as follows:
| ||||||
9 | (820 ILCS 115/3) (from Ch. 48, par. 39m-3)
| ||||||
10 | Sec. 3.
Every employer shall be required, at least | ||||||
11 | semi-monthly, to pay
every
employee all wages earned during | ||||||
12 | the semi-monthly pay period. Wages of
executive, | ||||||
13 | administrative and professional employees, as defined in the
| ||||||
14 | Federal Fair Labor Standards Act of 1939, may be paid once a | ||||||
15 | month.
Commissions may be paid once a month.
At the request of | ||||||
16 | a person employed by an employment or labor placement
agency | ||||||
17 | which, in the ordinary course of business, makes daily wage | ||||||
18 | payments to
employees,
the agency shall hold the daily wages | ||||||
19 | and make either weekly or semi-monthly
payments.
Upon the | ||||||
20 | written request of the employee, the wage shall be paid in a | ||||||
21 | single
check representing the wages earned during the period, | ||||||
22 | either weekly or
semi-monthly, designated by the employee in | ||||||
23 | accordance with Section 4 of this
Act. Employment and labor | ||||||
24 | placement agencies that make daily wage payments
shall provide |
| |||||||
| |||||||
1 | written notification to all daily
wage payment employees of | ||||||
2 | the right to request weekly or semi-monthly checks.
The | ||||||
3 | employer may provide this notice by conspicuously posting the | ||||||
4 | notice at the
location where the wages are received by the | ||||||
5 | daily wage employees. Every employer with employees who do not | ||||||
6 | regularly report to a physical workplace, such as employees | ||||||
7 | who work remotely or travel for work, shall also provide the | ||||||
8 | summary and notice by email to its employees or conspicuous | ||||||
9 | posting on the employer's website or intranet site, if such | ||||||
10 | site is regularly used by the employer to communicate | ||||||
11 | work-related information to employees and is able to be | ||||||
12 | regularly accessed by all employees, freely and without | ||||||
13 | interference.
| ||||||
14 | (Source: P.A. 89-364, eff. 8-18-95.)
| ||||||
15 | (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
| ||||||
16 | Sec. 11. It shall be the duty of the Department of Labor to | ||||||
17 | inquire diligently
for any violations of this Act, and to | ||||||
18 | institute the actions for violations and penalties
herein | ||||||
19 | provided, at the request of the employee or on motion of the | ||||||
20 | Director of Labor, and to enforce generally the provisions of | ||||||
21 | this Act.
| ||||||
22 | An employee may file a complaint with the Department | ||||||
23 | alleging violations of the Act by submitting a signed, | ||||||
24 | completed wage claim application on the form provided by the | ||||||
25 | Department and by submitting copies of all supporting |
| |||||||
| |||||||
1 | documentation. Complaints shall be filed within one year after | ||||||
2 | the wages, final compensation, or wage supplements were due. | ||||||
3 | Wage claim applications Applications shall be reviewed by | ||||||
4 | the Department to determine whether there is cause and | ||||||
5 | sufficient resources for investigation.
| ||||||
6 | The Department shall have the following powers:
| ||||||
7 | (a) To investigate and attempt equitably to adjust | ||||||
8 | controversies between
employees and employers in respect | ||||||
9 | of wage claims arising under this Act
and to that end the | ||||||
10 | Department through the Director of Labor or any other
| ||||||
11 | person in the Department of Labor designated by him or | ||||||
12 | her, shall have the
power to administer oaths, subpoena | ||||||
13 | and examine witnesses, to issue subpoenas
duces tecum | ||||||
14 | requiring the production of such books, papers, records | ||||||
15 | and
documents as may be evidence of any matter under | ||||||
16 | inquiry and to examine and
inspect the same as may relate | ||||||
17 | to the question in dispute. Service of such
subpoenas | ||||||
18 | shall be made by any sheriff or any person. Any
court in | ||||||
19 | this State, upon the application of the Department
may | ||||||
20 | compel attendance of witnesses, the
production of books | ||||||
21 | and papers, and the giving of testimony before the
| ||||||
22 | Department by attachment for contempt or in any other way | ||||||
23 | as the production
of evidence may be compelled before such | ||||||
24 | court.
| ||||||
25 | (b) To take assignments of wage claims in the name of | ||||||
26 | the Director of
Labor and his or her successors in office |
| |||||||
| |||||||
1 | and prosecute actions for the
collection of wages for | ||||||
2 | persons financially unable to prosecute such claims when | ||||||
3 | in
the judgment of the Department such claims are valid | ||||||
4 | and enforceable in the
courts. No court costs or any fees | ||||||
5 | for necessary process and
proceedings shall be payable in | ||||||
6 | advance by the Department for prosecuting
such actions. In | ||||||
7 | the event there is a judgment rendered against the
| ||||||
8 | defendant, the court shall assess as part of such judgment | ||||||
9 | the costs of
such proceeding. Upon collection of such | ||||||
10 | judgments the Department shall pay
from the proceeds of | ||||||
11 | such judgment such costs to such person who is by law
| ||||||
12 | entitled to same. The Department may join in a single | ||||||
13 | proceeding any number
of wage claims against the same | ||||||
14 | employer but the court shall have
discretionary power to | ||||||
15 | order a severance or separate trial for hearings.
| ||||||
16 | (c) To make complaint in any court of competent | ||||||
17 | jurisdiction of
violations of this Act.
| ||||||
18 | (d) In addition to the aforementioned powers, subject | ||||||
19 | to appropriation, the Department may establish an | ||||||
20 | administrative procedure to adjudicate claims and to issue | ||||||
21 | final and binding administrative decisions on such claims | ||||||
22 | subject to the Administrative Review Law. To establish | ||||||
23 | such a procedure, the Director of Labor or her or his | ||||||
24 | authorized representative may promulgate rules and | ||||||
25 | regulations. The adoption, amendment or rescission of | ||||||
26 | rules and regulations for such a procedure shall be in |
| |||||||
| |||||||
1 | conformity with the requirements of the Illinois | ||||||
2 | Administrative Procedure Act. If a final and binding | ||||||
3 | administrative decision issued by the Department requires | ||||||
4 | an employer or other party to pay wages, penalties, or | ||||||
5 | other amounts in connection with a wage claim, and the | ||||||
6 | employer or other party has neither: (i) made the required | ||||||
7 | payment within 35 days of the issuance of the final and | ||||||
8 | binding administrative decision; nor (ii) timely filed a | ||||||
9 | complaint seeking review of the final and binding | ||||||
10 | administrative decision pursuant to the Administrative | ||||||
11 | Review Law in a court of competent jurisdiction, the | ||||||
12 | Department may file a verified petition against the | ||||||
13 | employer or other party to enforce the final | ||||||
14 | administrative decision and to collect any amounts due in | ||||||
15 | connection therewith in the circuit court of any county | ||||||
16 | where an official office of the Department is located. | ||||||
17 | Nothing herein shall be construed to prevent any employee | ||||||
18 | from making
complaint or prosecuting his or her own claim for | ||||||
19 | wages. Any employee aggrieved by a violation of this Act or any | ||||||
20 | rule adopted under this Act may file suit in circuit court of | ||||||
21 | Illinois, in the county where the alleged violation occurred | ||||||
22 | or where any employee who is party to the action resides, | ||||||
23 | without regard to exhaustion of any alternative administrative | ||||||
24 | remedies provided in this Act. Actions may be brought by one or | ||||||
25 | more employees for and on behalf of themselves and other | ||||||
26 | employees similarly situated.
|
| |||||||
| |||||||
1 | Nothing herein shall be construed to limit the authority | ||||||
2 | of the State's
attorney of any county to prosecute actions for | ||||||
3 | violation of this Act or
to enforce the provisions thereof | ||||||
4 | independently and without specific direction
of the Department | ||||||
5 | of Labor.
| ||||||
6 | (Source: P.A. 101-509, eff. 1-1-20 .)
| ||||||
7 | (820 ILCS 125/Act rep.)
| ||||||
8 | Section 35. The Wages of Women and Minors Act is repealed.
| ||||||
9 | Section 40. The Day and Temporary Labor Services Act is | ||||||
10 | amended by changing Section 45 as follows:
| ||||||
11 | (820 ILCS 175/45)
| ||||||
12 | Sec. 45. Registration; Department of Labor. | ||||||
13 | (a) A day and temporary
labor service
agency which is | ||||||
14 | located, operates or transacts business within this State | ||||||
15 | shall register with the Department of Labor in accordance with | ||||||
16 | rules
adopted by the Department for day and temporary labor | ||||||
17 | service
agencies and shall be subject to this Act and any rules | ||||||
18 | adopted under this Act. Each day and temporary labor service | ||||||
19 | agency shall provide proof of an employer account number | ||||||
20 | issued by the Department of Employment Security for the | ||||||
21 | payment of unemployment insurance contributions as required | ||||||
22 | under the Unemployment Insurance Act, and proof of valid | ||||||
23 | workers' compensation insurance in effect at the time of |
| |||||||
| |||||||
1 | registration covering all of its employees. If, at any time, a | ||||||
2 | day and temporary labor service agency's workers' compensation | ||||||
3 | insurance coverage lapses, the agency shall have an | ||||||
4 | affirmative duty to report the lapse of such coverage to the | ||||||
5 | Department and the agency's registration shall be suspended | ||||||
6 | until the agency's workers' compensation insurance is | ||||||
7 | reinstated. The Department may assess each day and temporary | ||||||
8 | labor service agency a non-refundable
registration fee
not | ||||||
9 | exceeding $1,000 per year per agency and a non-refundable fee | ||||||
10 | not to exceed $250 for each branch office or other location | ||||||
11 | where the agency regularly contracts with day or temporary | ||||||
12 | laborers for services. The fee may be paid by check, money | ||||||
13 | order, or the State Treasurer's E-Pay program or any successor | ||||||
14 | program,
and the Department may not refuse to accept a check on | ||||||
15 | the basis that it is
not a certified check or a cashier's | ||||||
16 | check. The Department may charge an
additional fee to be paid | ||||||
17 | by a day and temporary labor service agency if the agency, or | ||||||
18 | any person on the
agency's behalf, issues or delivers a check | ||||||
19 | to the Department that is not
honored by the financial | ||||||
20 | institution upon which it is drawn. The Department
shall also | ||||||
21 | adopt rules
for violation
hearings and penalties for | ||||||
22 | violations of this Act or the Department's rules
in | ||||||
23 | conjunction with the penalties set forth in this Act. | ||||||
24 | (a-1) At the time of registration with the Department of | ||||||
25 | Labor each year, the day and temporary labor service agency | ||||||
26 | shall submit to the Department of Labor a report containing |
| |||||||
| |||||||
1 | the information identified in paragraph (9) of subsection (a) | ||||||
2 | of Section 12, broken down by branch office, in the aggregate | ||||||
3 | for all day or temporary laborers assigned within Illinois and | ||||||
4 | subject to this Act during the preceding year. This | ||||||
5 | information shall be submitted on a form created by the | ||||||
6 | Department of Labor. The Department of Labor shall aggregate | ||||||
7 | the information submitted by all registering day and temporary | ||||||
8 | labor service agencies by removing identifying data and shall | ||||||
9 | have the information available to the public only on a | ||||||
10 | municipal and county basis. As used in this paragraph, | ||||||
11 | "identifying data" means any and all information that: (i) | ||||||
12 | provides specific information on individual worker identity; | ||||||
13 | (ii) identifies the service agency in any manner; and (iii) | ||||||
14 | identifies clients utilizing the day and temporary labor | ||||||
15 | service agency or any other information that can be traced | ||||||
16 | back to any specific registering day and temporary labor | ||||||
17 | service agency or its client. The information and reports | ||||||
18 | submitted to the Department of Labor under this subsection by | ||||||
19 | the registering day and temporary labor service agencies are | ||||||
20 | exempt from inspection and copying under Section 7.5 of the | ||||||
21 | Freedom of Information Act. | ||||||
22 | (b) It is a violation of this Act to operate a day and | ||||||
23 | temporary labor service agency without first registering with | ||||||
24 | the Department in accordance with subsection (a) of this | ||||||
25 | Section. The Department shall create and maintain at regular | ||||||
26 | intervals on its website, accessible to the public: (1) a list |
| |||||||
| |||||||
1 | of all registered day and temporary labor service agencies in | ||||||
2 | the State whose registration is in good standing; (2) a list of | ||||||
3 | day and temporary labor service agencies in the State whose | ||||||
4 | registration has been suspended, including the reason for the | ||||||
5 | suspension, the date the suspension was initiated, and the | ||||||
6 | date, if known, the suspension is to be lifted; and (3) a list | ||||||
7 | of day and temporary labor service agencies in the State whose | ||||||
8 | registration has been revoked, including the reason for the | ||||||
9 | revocation and the date the registration was revoked. The | ||||||
10 | Department has the authority to assess a penalty against any | ||||||
11 | day and temporary labor service agency that fails to register | ||||||
12 | with the Department of Labor in accordance with this Act or any | ||||||
13 | rules adopted under this Act of $500 for each violation. Each | ||||||
14 | day during which a day and temporary labor service agency | ||||||
15 | operates without registering with the Department shall be a | ||||||
16 | separate and distinct violation of this Act. | ||||||
17 | (c) An applicant is not eligible to register to operate a | ||||||
18 | day and temporary labor service agency under this Act if the | ||||||
19 | applicant or any of its officers, directors, partners, or | ||||||
20 | managers or any owner of 25% or greater beneficial interest: | ||||||
21 | (1) has been involved, as owner, officer, director, | ||||||
22 | partner, or manager, of any day and temporary labor | ||||||
23 | service agency whose registration has been revoked or has | ||||||
24 | been suspended without being reinstated within the 5 years | ||||||
25 | immediately preceding the filing of the application; or | ||||||
26 | (2) is under the age of 18. |
| |||||||
| |||||||
1 | (d) Every agency shall post and keep posted at each | ||||||
2 | location, in a position easily accessible to all day or | ||||||
3 | temporary laborers employee s, notices as supplied and required | ||||||
4 | by the Department containing a copy or summary of the | ||||||
5 | provisions of the Act and
a notice which informs
the public of | ||||||
6 | a toll-free telephone number for day or temporary laborers
and | ||||||
7 | the public to
file wage dispute complaints and other alleged | ||||||
8 | violations by
day and temporary labor service
agencies . Every | ||||||
9 | day and temporary
labor service
agency employing day or | ||||||
10 | temporary laborers who communicate with the day and temporary
| ||||||
11 | labor service
agency by electronic communication shall also | ||||||
12 | provide all required notices by email to its day or temporary | ||||||
13 | laborers or on a website, regularly used by the employer to | ||||||
14 | communicate work-related information, that all day or | ||||||
15 | temporary laborers are able to regularly access, freely and | ||||||
16 | without interference . Such notices shall be in English and or | ||||||
17 | any other language generally understood in the locale of the | ||||||
18 | day and temporary labor service agency.
| ||||||
19 | (Source: P.A. 100-517, eff. 6-1-18 .)
| ||||||
20 | Section 45. The Child Labor Law is amended by changing | ||||||
21 | Sections 5, 17, and 17.3 as follows:
| ||||||
22 | (820 ILCS 205/5) (from Ch. 48, par. 31.5)
| ||||||
23 | Sec. 5.
Every employer covered by this Act shall post in a | ||||||
24 | conspicuous
place where minors under 16 years of age are |
| |||||||
| |||||||
1 | employed, or allowed to work, a
printed summary abstract of | ||||||
2 | this Act and a list of the occupations prohibited to
such | ||||||
3 | minors, to be furnished by the Department of Labor. Such | ||||||
4 | employers
shall post in a conspicuous place where minors under | ||||||
5 | 16 years of age are
employed, or allowed to work a printed | ||||||
6 | notice stating the hours of
commencing and stopping work, the | ||||||
7 | hours when the time or times allowed
for dinner or other meals, | ||||||
8 | begin and end, and the Department's toll free
telephone number | ||||||
9 | established under Section 17.4. An employer with employees who | ||||||
10 | do not regularly report to a physical workplace, such as | ||||||
11 | employees who work remotely or travel for work, shall also | ||||||
12 | provide the summary and notice by email to its employees or | ||||||
13 | conspicuous posting on the employer's website or intranet | ||||||
14 | site, if such site is regularly used by the employer to | ||||||
15 | communicate work-related information to employees and is able | ||||||
16 | to be regularly accessed by all employees, freely and without | ||||||
17 | interference. The Department of Labor shall furnish this | ||||||
18 | printed summary form of such
notice shall be furnished by the | ||||||
19 | Department of Labor .
| ||||||
20 | (Source: P.A. 88-365.)
| ||||||
21 | (820 ILCS 205/17) (from Ch. 48, par. 31.17)
| ||||||
22 | Sec. 17.
It shall be the duty of the Department of Labor to | ||||||
23 | enforce
the provisions of this Act. The Department of Labor | ||||||
24 | shall have the power
to conduct investigations in connection | ||||||
25 | with the administration and enforcement
of this Act and the |
| |||||||
| |||||||
1 | authorized
officers and employees of the Department of Labor | ||||||
2 | are hereby
authorized and empowered, to visit and inspect, at | ||||||
3 | all reasonable times
and as often as possible, all places | ||||||
4 | covered by this Act. Truant
officers and other school | ||||||
5 | officials authorized by the board of education
or school | ||||||
6 | directors shall report violations under this Act to the
| ||||||
7 | Department of Labor, and may enter any place in which children | ||||||
8 | are, or
are believed to be employed and inspect the work | ||||||
9 | certificates on file.
Such truant officers or other school | ||||||
10 | officials also are authorized to
file complaints against any | ||||||
11 | employer found violating the provisions of
this Act in case no | ||||||
12 | complaints for such violations are pending; and when
such | ||||||
13 | complaints are filed by truant officers or other school | ||||||
14 | officials
the State's attorneys of this state shall appear for | ||||||
15 | the people, and
attend to the prosecution of such complaints. | ||||||
16 | The Department of Labor shall
conduct hearings in accordance | ||||||
17 | with "The Illinois Administrative Procedure
Act", approved | ||||||
18 | September 22, 1975, as amended, upon written complaint by
an | ||||||
19 | investigator of the Department of Labor, truant officer or | ||||||
20 | other school
official, or any interested person of a violation | ||||||
21 | of the Act or to revoke
any certificate under this Act. After | ||||||
22 | such hearing, if supported by the
evidence, the Department of | ||||||
23 | Labor may issue and cause to be served on any
party an order to | ||||||
24 | cease and desist from violation of the Act, take such
further | ||||||
25 | affirmative or other action as deemed reasonable to eliminate | ||||||
26 | the
effect of the violation, and may revoke any certificate |
| |||||||
| |||||||
1 | issued under the
Act and determine the amount of any civil | ||||||
2 | penalty allowed by the Act. The Department may serve such | ||||||
3 | orders by certified mail or by sending a copy by email to an | ||||||
4 | email address previously designated by the party for purposes | ||||||
5 | of receiving notice under this Act. An email address provided | ||||||
6 | by the party in the course of the administrative proceeding | ||||||
7 | shall not be used in any subsequent proceedings, unless the | ||||||
8 | party designates that email address for the subsequent | ||||||
9 | proceeding. The
Director of Labor or his authorized | ||||||
10 | representative may compel by subpoena,
the attendance and | ||||||
11 | testimony of witnesses and the production of books,
payrolls, | ||||||
12 | records, papers and other evidence in any investigation or
| ||||||
13 | hearing and may administer oaths to witnesses.
| ||||||
14 | (Source: P.A. 80-1482.)
| ||||||
15 | (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
| ||||||
16 | Sec. 17.3.
Any employer who violates any of the provisions | ||||||
17 | of this
Act or any rule or regulation issued under the Act | ||||||
18 | shall be subject to a
civil penalty of not to exceed $5,000 for | ||||||
19 | each such violation. In
determining the amount of such | ||||||
20 | penalty, the appropriateness of such
penalty to the size of | ||||||
21 | the business of the employer charged and the
gravity of the | ||||||
22 | violation shall be considered. The amount of such
penalty, | ||||||
23 | when finally determined, may be
| ||||||
24 | (1) recovered in a civil action brought by the | ||||||
25 | Director of Labor in
any circuit court, in which |
| |||||||
| |||||||
1 | litigation the Director of Labor
shall be represented by | ||||||
2 | the Attorney General;
| ||||||
3 | (2) ordered by the court, in an action brought for | ||||||
4 | violation under
Section 19, to be paid to the Director of | ||||||
5 | Labor.
| ||||||
6 | Any administrative determination by the Department of | ||||||
7 | Labor of the
amount of each penalty shall be final unless | ||||||
8 | reviewed as provided in
Section 17.1 of this Act.
| ||||||
9 | Civil penalties recovered under this Section shall be paid | ||||||
10 | by certified check, money order, or by an electronic payment | ||||||
11 | system designated by the Department, and deposited into the
| ||||||
12 | Child Labor and Day and Temporary Labor Services Enforcement | ||||||
13 | Fund, a special fund
which
is hereby
created in the
State | ||||||
14 | treasury. Moneys in the Fund may be used,
subject to
| ||||||
15 | appropriation, for exemplary programs, demonstration projects, | ||||||
16 | and other
activities or purposes related to the enforcement of | ||||||
17 | this Act or for the
activities or purposes related to the | ||||||
18 | enforcement of the Day and Temporary
Labor Services Act, or | ||||||
19 | for the activities or purposes related to the enforcement of | ||||||
20 | the Private Employment Agency Act.
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21 | (Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16 .)".
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