Bill Amendment: IL SB3180 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CHILD PERFORMERS-HOUR REQS

Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3180 Detail]

Download: Illinois-2023-SB3180-House_Amendment_001.html

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Rep. Margaret Croke

Filed: 5/2/2024

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AMENDMENT TO SENATE BILL 3180
AMENDMENT NO. ______. Amend Senate Bill 3180 by replacing
everything after the enacting clause with the following:
"Section 5. The One Day Rest In Seven Act is amended by
changing Section 7 and by adding Section 5.5 as follows:
(820 ILCS 140/5.5 new)
Sec. 5.5. Retaliation prohibited. An employer, or agent or
officer of an employer, violates this Act if he or she
discharges, takes an adverse action against, or in any other
manner discriminates against any employee because that
employee has:
(1) exercised a right under this Act;
(2) made a complaint to his or her employer or to the
Director or the Director's authorized representative;
(3) caused to be instituted or is about to cause to be
instituted any proceeding under or related to this Act; or

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(4)testified or is about to testify in an
investigation or proceeding under this Act.
(820 ILCS 140/7) (from Ch. 48, par. 8g)
Sec. 7. Civil offense.
(a) Any employer who violates Sections 2, 3, or 3.1 shall
be guilty of a civil offense, and shall be subject to a civil
penalty as follows:
(1) For an employer with fewer than 25 employees, a
penalty not to exceed $250 per offense, payable to the
Department of Labor, and damages of up to $250 per
offense, payable to the employee or employees affected.
(2) For an employer with 25 or more employees, a
penalty not to exceed $500 per offense, payable to the
Department of Labor, and damages of up to $500 per
offense, payable to the employee or employees affected.
(b) An offense under this Act shall be determined on an
individual basis for each employee whose rights are violated.
(1) Each week that an employee is found to not have
been allowed 24 consecutive hours of rest as required in
Section 2 shall constitute a separate offense.
(2) Each day that an employee is found not to have been
provided a meal period as required in Section 3 shall
constitute a separate offense.
(3) A violation of Section 8.5 shall constitute a
single offense, and is subject to a civil penalty not to

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exceed $250 payable to the Department of Labor.
(4) An employee who has been unlawfully retaliated
against in violation of Section 5.5 shall be entitled to
recover, through a claim filed with the Department, all
legal and equitable relief as may be appropriate.
(c) The Director of Labor shall enforce this Act in
accordance with the Illinois Administrative Procedure Act. The
Director of Labor shall have the powers and the parties shall
have the rights provided in the Illinois Administrative
Procedure Act for contested cases, including, but not limited
to, provisions for depositions, subpoena power and procedures,
and discovery and protective order procedures.
(d) 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 under this Act, the Department shall be represented by
the Attorney General. Any funds collected by the Department of
Labor under this Act shall be deposited into the Child Labor
and Day and Temporary Labor Services Enforcement Fund.
(Source: P.A. 102-828, eff. 1-1-23.)