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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0366 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED:
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| 820 ILCS 185/40 | | 820 ILCS 185/42 | | 820 ILCS 185/45 | |
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Amends the Employee Classification Act. Provides that an employer that violates any provision of the Act or rule adopted under the Act is subject to a civil penalty not to exceed: (i) $1,500 (rather than $1,000) for each violation found in the first audit by the Department of Labor and (ii) $2,500 (rather than $2,000) for each repeat violation found by the Department within a 5-year period. Provides that a person who willfully violates any provision of the Act or rule adopted under the Act or obstructs the Director of Labor or any other person authorized to inspect places of employment under the Act is liable for penalties up to triple (rather than double) the statutory amount. Provides that an employer that is found to have willfully violated any provision of the Act shall be debarred from being awarded a State contract. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB0366 | | LRB100 05518 KTG 15530 b |
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1 | | AN ACT concerning employment.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Employee Classification Act is amended by |
5 | | changing Sections 40, 42, and 45 as follows:
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6 | | (820 ILCS 185/40)
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7 | | Sec. 40. Penalties. |
8 | | (a) An employer or entity that violates any of the |
9 | | provisions of this Act or any rule adopted under this Act shall |
10 | | be subject to a civil penalty not to exceed $1,500 $1,000 for |
11 | | each violation found in the first audit by the Department. |
12 | | Following a first audit, an employer or entity shall be subject |
13 | | to a civil penalty not to exceed $2,500 $2,000 for each repeat |
14 | | violation found by the Department within a 5 year period. For |
15 | | purposes of this Section, each violation of this Act for each |
16 | | person and for each day the violation continues shall |
17 | | constitute a separate and distinct violation. In determining |
18 | | the amount of a penalty, the Director shall consider the |
19 | | appropriateness of the penalty to the employer or entity |
20 | | charged, upon the determination of the gravity of the |
21 | | violations. |
22 | | (b) The amount of the penalty, when finally determined, may |
23 | | be recovered in any administrative proceeding or a civil action |