Bill Text: IL HB3129 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: Provides that if an employer engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party shall include the pay scale and benefits, or a hyperlink to the pay scale and benefits, in the job posting. Provides that the Department of Labor, during its investigation of a complaint, shall make a determination as to whether a job posting is not active by considering the totality of the circumstances, including, but not limited to: (i) whether a position has been filled; (ii) the length of time a posting has been accessible to the public; (iii) the existence of a date range for which a given position is active; and (iv) whether the violating posting is for a position for which the employer is no longer accepting applications. Makes other changes. Effective January 1, 2025.
Spectrum: Partisan Bill (Democrat 35-0)
Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0539 [HB3129 Detail]
Download: Illinois-2023-HB3129-Enrolled.html
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: Provides that if an employer engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party shall include the pay scale and benefits, or a hyperlink to the pay scale and benefits, in the job posting. Provides that the Department of Labor, during its investigation of a complaint, shall make a determination as to whether a job posting is not active by considering the totality of the circumstances, including, but not limited to: (i) whether a position has been filled; (ii) the length of time a posting has been accessible to the public; (iii) the existence of a date range for which a given position is active; and (iv) whether the violating posting is for a position for which the employer is no longer accepting applications. Makes other changes. Effective January 1, 2025.
Spectrum: Partisan Bill (Democrat 35-0)
Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0539 [HB3129 Detail]
Download: Illinois-2023-HB3129-Enrolled.html
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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 Equal Pay Act of 2003 is amended by changing | ||||||
5 | Sections 5, 10, 15, 20, and 30 as follows:
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6 | (820 ILCS 112/5)
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7 | Sec. 5. Definitions. As used in this Act:
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8 | "Director" means the Director of Labor.
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9 | "Department" means the Department of Labor.
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10 | "Employee" means any individual permitted to work by an | ||||||
11 | employer.
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12 | "Employer" means an individual, partnership, corporation, | ||||||
13 | association,
business, trust, person, or entity for whom | ||||||
14 | employees are gainfully
employed in Illinois and includes the | ||||||
15 | State of Illinois, any state officer,
department, or agency, | ||||||
16 | any unit of local government, and any school district.
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17 | "Pay scale and benefits" means the wage or salary, or the | ||||||
18 | wage or salary range, and a general description of the | ||||||
19 | benefits and other compensation, including, but not limited | ||||||
20 | to, bonuses, stock options, or other incentives the employer | ||||||
21 | reasonably expects in good faith to offer for the position, | ||||||
22 | set by reference to any applicable pay scale, the previously | ||||||
23 | determined range for the position, the actual range of others |
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1 | currently holding equivalent positions, or the budgeted amount | ||||||
2 | for the position, as applicable. | ||||||
3 | (Source: P.A. 99-418, eff. 1-1-16 .)
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4 | (820 ILCS 112/10)
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5 | Sec. 10. Prohibited acts.
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6 | (a) No employer may discriminate between employees on the | ||||||
7 | basis of sex by
paying wages
to an employee at a rate less than | ||||||
8 | the rate at which the employer pays wages to
another employee | ||||||
9 | of
the opposite sex for the same or substantially similar work | ||||||
10 | on jobs the
performance of which
requires substantially | ||||||
11 | similar skill, effort, and responsibility, and which are | ||||||
12 | performed under
similar working
conditions, except where the | ||||||
13 | payment is made under:
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14 | (1) a seniority system;
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15 | (2) a merit system;
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16 | (3) a system that measures earnings by quantity or | ||||||
17 | quality of production;
or
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18 | (4) a differential based on any other factor other
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19 | than: (i) sex or (ii) a factor that would constitute | ||||||
20 | unlawful discrimination
under the Illinois Human
Rights | ||||||
21 | Act, provided that the factor:
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22 | (A) is not based on or derived from a differential | ||||||
23 | in
compensation based on sex or another protected | ||||||
24 | characteristic; | ||||||
25 | (B) is job-related with respect to the position |
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1 | and consistent with a business necessity; and | ||||||
2 | (C) accounts for the differential. | ||||||
3 | No employer may discriminate between employees by paying | ||||||
4 | wages to an African-American employee at a rate less than the | ||||||
5 | rate at which the employer pays wages to another employee who | ||||||
6 | is not African-American for the same or substantially similar | ||||||
7 | work on jobs the performance of which requires substantially | ||||||
8 | similar skill, effort, and responsibility, and which are | ||||||
9 | performed under similar working conditions, except where the | ||||||
10 | payment is made under: | ||||||
11 | (1) a seniority system; | ||||||
12 | (2) a merit system; | ||||||
13 | (3) a system that measures earnings by quantity or
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14 | quality of production; or | ||||||
15 | (4) a differential based on any other factor other
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16 | than: (i) race or (ii) a factor that would constitute | ||||||
17 | unlawful discrimination under the Illinois Human Rights | ||||||
18 | Act, provided that the factor: | ||||||
19 | (A) is not based on or derived from a differential | ||||||
20 | in
compensation based on race or another protected | ||||||
21 | characteristic; | ||||||
22 | (B) is job-related with respect to the position | ||||||
23 | and consistent with a business necessity; and | ||||||
24 | (C) accounts for the differential. | ||||||
25 | An employer who is paying wages in violation of this Act | ||||||
26 | may not,
to comply with
this Act, reduce the wages of any other |
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1 | employee.
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2 | Nothing in this Act may be construed to require an | ||||||
3 | employer to pay, to
any employee at a workplace in a particular | ||||||
4 | county, wages that are equal
to the wages paid by that employer | ||||||
5 | at a workplace in another county to
employees in jobs the | ||||||
6 | performance of which requires equal skill, effort, and
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7 | responsibility, and which are performed under similar working | ||||||
8 | conditions.
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9 | (b) It is unlawful for any employer to interfere with, | ||||||
10 | restrain, or
deny the exercise of or
the attempt to exercise | ||||||
11 | any right provided under this Act. It is
unlawful for any | ||||||
12 | employer
to discharge or in any other manner discriminate | ||||||
13 | against any individual for
inquiring about,
disclosing, | ||||||
14 | comparing, or otherwise discussing the employee's wages or the
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15 | wages
of any other
employee, or aiding or encouraging any | ||||||
16 | person to exercise his or her rights
under this
Act. It is | ||||||
17 | unlawful for an employer to require an employee to sign a | ||||||
18 | contract or waiver that would prohibit the employee from | ||||||
19 | disclosing or discussing information about the employee's | ||||||
20 | wages, salary, benefits, or other compensation. An employer | ||||||
21 | may, however, prohibit a human resources employee, a | ||||||
22 | supervisor, or any other employee whose job responsibilities | ||||||
23 | require or allow access to other employees' wage or salary | ||||||
24 | information from disclosing that information without prior | ||||||
25 | written consent from the employee whose information is sought | ||||||
26 | or requested.
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1 | (b-5) It is unlawful for an employer or employment agency, | ||||||
2 | or employee or agent thereof, to (1) screen job
applicants | ||||||
3 | based on their current or prior wages or salary histories, | ||||||
4 | including benefits or other compensation, by
requiring that | ||||||
5 | the wage or salary history of an applicant satisfy minimum or | ||||||
6 | maximum criteria, (2) request or require a wage or salary | ||||||
7 | history as a condition of being considered for employment, as | ||||||
8 | a condition of being interviewed, as a condition of continuing | ||||||
9 | to be considered for an offer of employment, as a condition of | ||||||
10 | an offer of employment or an offer of compensation, or (3) | ||||||
11 | request or require that an applicant disclose wage or salary | ||||||
12 | history as a condition of employment. | ||||||
13 | (b-10) It is unlawful for an employer to seek the wage or | ||||||
14 | salary history, including benefits or other compensation, of a | ||||||
15 | job applicant from any current or former employer. This | ||||||
16 | subsection (b-10) does not apply if: | ||||||
17 | (1) the job applicant's wage or salary history is a | ||||||
18 | matter of public record under the Freedom of Information | ||||||
19 | Act, or any other equivalent State or federal law, or is | ||||||
20 | contained in a document completed by the job applicant's | ||||||
21 | current or former employer and then made available to the | ||||||
22 | public by the employer, or submitted or posted by the | ||||||
23 | employer to comply with State or federal law; or | ||||||
24 | (2) the job applicant is a current employee and is | ||||||
25 | applying for a position with the same current employer. | ||||||
26 | (b-15) Nothing in subsections (b-5) and (b-10) shall be |
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1 | construed to prevent an employer or employment agency, or an | ||||||
2 | employee or agent thereof, from: | ||||||
3 | (1) providing information about the wages, benefits, | ||||||
4 | compensation, or salary offered in relation to a position; | ||||||
5 | or | ||||||
6 | (2) engaging in discussions with an applicant for | ||||||
7 | employment about the applicant's expectations with respect | ||||||
8 | to wage or salary, benefits, and other compensation, | ||||||
9 | including unvested equity or deferred
compensation that | ||||||
10 | the applicant would forfeit or have
canceled by virtue of | ||||||
11 | the applicant's resignation from the applicant's current | ||||||
12 | employer. If, during such discussion, the applicant | ||||||
13 | voluntarily and without prompting discloses that the | ||||||
14 | applicant would forfeit or have canceled by virtue of the | ||||||
15 | applicant's resignation from the applicant's current | ||||||
16 | employer unvested equity or deferred compensation, an | ||||||
17 | employer may request the applicant to verify the aggregate | ||||||
18 | amount of such compensation by submitting a letter or | ||||||
19 | document stating the aggregate amount of the unvested | ||||||
20 | equity or deferred compensation from, at the applicant's | ||||||
21 | choice, one of the following: (1) the applicant's current | ||||||
22 | employer or (2) the business entity that administers the | ||||||
23 | funds that constitute the unvested equity or deferred | ||||||
24 | compensation. | ||||||
25 | (b-20) An employer is not in violation of subsections | ||||||
26 | (b-5) and (b-10) when a job applicant voluntarily and without |
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1 | prompting discloses his or her current or prior wage or salary | ||||||
2 | history, including benefits or other compensation, on the | ||||||
3 | condition that the employer does not consider or rely on the | ||||||
4 | voluntary disclosures as a factor in determining whether to | ||||||
5 | offer a job applicant employment, in making an offer of | ||||||
6 | compensation, or in determining future wages, salary, | ||||||
7 | benefits, or other compensation. | ||||||
8 | (b-25) It is unlawful for an employer with 15 or more | ||||||
9 | employees to fail to include the pay scale and benefits for a | ||||||
10 | position in any specific job posting. The inclusion of a | ||||||
11 | hyperlink to a publicly viewable webpage that includes the pay | ||||||
12 | scale and benefits satisfies the requirements for inclusion | ||||||
13 | under this subsection. If an employer engages a third party to | ||||||
14 | announce, post, publish, or otherwise make known a job | ||||||
15 | posting, the employer shall provide the pay scale and | ||||||
16 | benefits, or a hyperlink to the pay scale and benefits, to the | ||||||
17 | third party and the third party shall include the pay scale and | ||||||
18 | benefits, or a hyperlink to the pay scale and benefits, in the | ||||||
19 | job posting. The third party is liable for failure to include | ||||||
20 | the pay scale and benefits in the job posting, unless the third | ||||||
21 | party can show that the employer did not provide the necessary | ||||||
22 | information regarding pay scale and benefits. An employer | ||||||
23 | shall announce, post, or otherwise make known all | ||||||
24 | opportunities for promotion to all current employees no later | ||||||
25 | than 14 calendar days after the employer makes an external job | ||||||
26 | posting for the position, except for positions in the State of |
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1 | Illinois workforce designated as exempt from competitive | ||||||
2 | selection. Nothing in this subsection requires an employer to | ||||||
3 | make a job posting. Posting of a relevant and up to date | ||||||
4 | general benefits description in an easily accessible, central, | ||||||
5 | and public location on an employer's website and referring to | ||||||
6 | this posting in the job posting shall be deemed to satisfy the | ||||||
7 | benefits posting requirement under this subsection. This | ||||||
8 | subsection only applies to positions that (i) will be | ||||||
9 | physically performed, at least in part, in Illinois or (ii) | ||||||
10 | will be physically performed outside of Illinois, but the | ||||||
11 | employee reports to a supervisor, office, or other work site | ||||||
12 | in Illinois. Nothing in this subsection prohibits an employer | ||||||
13 | or employment agency from asking an applicant about his or her | ||||||
14 | wage or salary expectations for the position the applicant is | ||||||
15 | applying for. An employer or employment agency shall disclose | ||||||
16 | to an applicant for employment the pay scale and benefits to be | ||||||
17 | offered for the position prior to any offer or discussion of | ||||||
18 | compensation and at the applicant's request, if a public or | ||||||
19 | internal posting for the job, promotion, transfer, or other | ||||||
20 | employment opportunity has not been made available to the | ||||||
21 | applicant. This subsection shall only apply to job postings | ||||||
22 | that have been posted after the effective date of this | ||||||
23 | amendatory Act of the 103rd General Assembly. | ||||||
24 | (b-30) An employer or an employment agency shall not | ||||||
25 | refuse to interview, hire, promote, or employ, and shall not | ||||||
26 | otherwise retaliate against, an applicant for employment or an |
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1 | employee for exercising any rights under subsection (b-25). | ||||||
2 | (c) It is unlawful for any person to discharge or in any | ||||||
3 | other manner
discriminate against any individual because the | ||||||
4 | individual:
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5 | (1) has filed any charge or has instituted or caused | ||||||
6 | to be instituted any
proceeding under or related to this | ||||||
7 | Act;
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8 | (2) has given, or is about to give, any information in | ||||||
9 | connection with any
inquiry or proceeding relating to any | ||||||
10 | right provided under this Act;
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11 | (3) has testified, or is about to testify, in any | ||||||
12 | inquiry or proceeding
relating to any right provided under | ||||||
13 | this Act; or
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14 | (4) fails to comply with any wage or salary history | ||||||
15 | inquiry. | ||||||
16 | (Source: P.A. 101-177, eff. 9-29-19; 102-277, eff. 1-1-22 .)
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17 | (820 ILCS 112/15)
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18 | Sec. 15. Enforcement. | ||||||
19 | (a) The Director or his or her authorized
representative | ||||||
20 | shall
administer and enforce the provisions of this Act. The | ||||||
21 | Director of Labor shall
adopt rules
necessary to administer | ||||||
22 | and enforce this Act.
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23 | (b) An employee , or former employee , or, for the purposes | ||||||
24 | of a violation of subsection (b-25) of Section 10, any person | ||||||
25 | that claims to be aggrieved by a violation of that subsection, |
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1 | may file a complaint with the
Department alleging a violation | ||||||
2 | of this Act by submitting a signed, completed complaint form. | ||||||
3 | All complaints shall be filed with the Department within one | ||||||
4 | year from the date of the relevant violation underpayment . | ||||||
5 | (c) The Department has the power to conduct investigations | ||||||
6 | in
connection with
the administration and enforcement of this | ||||||
7 | Act and the authorized officers and
employees of the
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8 | Department are authorized to investigate and gather data | ||||||
9 | regarding the wages,
hours, and other
conditions and practices | ||||||
10 | of employment in any industry subject to this Act, and
may | ||||||
11 | enter and
inspect such places and such records at reasonable | ||||||
12 | times during regular
business hours, question
the employees | ||||||
13 | and investigate the facts, conditions, practices, or matters | ||||||
14 | as
he or she may deem
necessary or appropriate to determine | ||||||
15 | whether any person has violated any
provision of this Act, or | ||||||
16 | which may aid in the enforcement of this Act.
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17 | (d) The Department may refer a complaint alleging a | ||||||
18 | violation of this Act to the Department of Human Rights for | ||||||
19 | investigation if the subject matter of the complaint also | ||||||
20 | alleges a violation of the Illinois Human Rights Act and the | ||||||
21 | Department of Human Rights has jurisdiction over the matter. | ||||||
22 | When a complaint is referred to the Department of Human Rights | ||||||
23 | under this subsection, the Department of Human Rights shall | ||||||
24 | also file the complaint under the Illinois Human Rights Act | ||||||
25 | and be the agency responsible for investigating the complaint. | ||||||
26 | The Department shall review the Department of Human Rights' |
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1 | investigation and findings to determine whether a violation of | ||||||
2 | this Act has occurred or whether further investigation by the | ||||||
3 | Department is necessary and take any necessary or appropriate | ||||||
4 | action required to enforce the provisions of this Act. The | ||||||
5 | Director of Labor and the Department of Human Rights shall | ||||||
6 | adopt joint rules necessary to administer and enforce this | ||||||
7 | subsection. | ||||||
8 | (Source: P.A. 98-1051, eff. 1-1-15 .)
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9 | (820 ILCS 112/20)
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10 | Sec. 20. Recordkeeping requirements. An employer subject | ||||||
11 | to any
provision of this
Act shall make and preserve records | ||||||
12 | that document the name, address, and
occupation of each
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13 | employee, the wages paid to each employee, the pay scale and | ||||||
14 | benefits for each position, the job posting for each position, | ||||||
15 | and any other
information
the Director
may by rule deem | ||||||
16 | necessary and appropriate for enforcement of this Act.
An | ||||||
17 | employer
subject to any provision of this Act shall preserve | ||||||
18 | those records for a period
of not less than 5
years and shall
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19 | make reports from the records as prescribed by rule or order of | ||||||
20 | the
Director, unless the records relate to an ongoing | ||||||
21 | investigation or enforcement action under this Act, in which | ||||||
22 | case the records must be maintained until their destruction is | ||||||
23 | authorized by the Department or by court order.
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24 | (Source: P.A. 96-467, eff. 8-14-09.)
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1 | (820 ILCS 112/30)
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2 | Sec. 30. Violations; fines and penalties.
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3 | (a) If an employee is paid by his or her employer less than | ||||||
4 | the wage to
which he or
she is entitled in
violation of Section | ||||||
5 | 10 or 11 of this Act, the employee may recover in a civil | ||||||
6 | action
the entire amount of any
underpayment together with | ||||||
7 | interest, compensatory damages if the employee demonstrates | ||||||
8 | that the employer acted with malice or reckless indifference, | ||||||
9 | punitive damages as may be appropriate, injunctive relief as | ||||||
10 | may be appropriate, and the costs and reasonable attorney's
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11 | fees as may be
allowed by the
court and as necessary to make | ||||||
12 | the employee whole. At the request of the
employee or on a | ||||||
13 | motion of the Director,
the Department may
make an assignment | ||||||
14 | of the wage claim in trust for the assigning employee and
may | ||||||
15 | bring any
legal action necessary to collect the claim, and the | ||||||
16 | employer shall be required
to pay the costs
incurred in | ||||||
17 | collecting the claim. Every such action shall be brought | ||||||
18 | within 5
years from the date
of the underpayment. For purposes | ||||||
19 | of this Act, "date of the underpayment" means each time wages | ||||||
20 | are underpaid.
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21 | (a-5) If an employer violates subsection (b), (b-5), | ||||||
22 | (b-10), or (b-20) of Section 10, the employee may recover in a | ||||||
23 | civil action any damages incurred, special damages not to | ||||||
24 | exceed $10,000, injunctive relief as may be appropriate, and | ||||||
25 | costs and reasonable attorney's fees as may be allowed by the | ||||||
26 | court and as necessary to make the employee whole. If special |
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1 | damages are available, an employee may recover compensatory | ||||||
2 | damages only to the extent such damages exceed the amount of | ||||||
3 | special damages. Such action shall be brought within 5 years | ||||||
4 | from the date of the violation. | ||||||
5 | (b) The Director is authorized to supervise the payment of | ||||||
6 | the unpaid wages under subsection (a) or damages under | ||||||
7 | subsection (b), (b-5), (b-10), or (b-20) of Section 10
owing | ||||||
8 | to any
employee or employees under this Act and may bring any | ||||||
9 | legal action necessary
to recover the
amount of unpaid wages, | ||||||
10 | damages, and penalties or to seek injunctive relief, and the | ||||||
11 | employer shall be required to pay
the costs. Any
sums | ||||||
12 | recovered by the Director on behalf of an employee under this
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13 | Section shall be
paid to the employee or employees affected.
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14 | (c) Employers who violate any provision of this Act or any | ||||||
15 | rule
adopted under the Act , except for a violation of | ||||||
16 | subsection (b-25) of Section 10, are subject to a civil | ||||||
17 | penalty for each employee affected as follows: | ||||||
18 | (1) An employer with fewer than 4 employees: first | ||||||
19 | offense, a fine not to exceed $500; second offense, a fine | ||||||
20 | not to exceed $2,500; third or subsequent offense, a fine | ||||||
21 | not to exceed $5,000. | ||||||
22 | (2) An employer with between 4 and 99 employees: first | ||||||
23 | offense, a fine not to exceed $2,500; second offense, a | ||||||
24 | fine not to exceed $3,000; third or subsequent offense, a | ||||||
25 | fine not to exceed $5,000. | ||||||
26 | (3) An employer with 100 or more employees who |
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1 | violates any Section of this Act except for Section 11 | ||||||
2 | shall be fined up to $10,000 per employee affected. An | ||||||
3 | employer with 100 or more employees that is a business as | ||||||
4 | defined under Section 11 and commits a violation of | ||||||
5 | Section 11 shall be fined up to $10,000. | ||||||
6 | Before any imposition of a penalty under this subsection, | ||||||
7 | an employer with 100 or more employees who violates item (b) of | ||||||
8 | Section 11 and inadvertently fails to file an initial | ||||||
9 | application or recertification shall be provided 30 calendar | ||||||
10 | days by the Department to submit the application or | ||||||
11 | recertification. | ||||||
12 | An employer or person who violates subsection (b), (b-5), | ||||||
13 | (b-10), (b-20), or (c) of Section 10 is subject to a civil | ||||||
14 | penalty not to exceed $5,000 for each violation for each | ||||||
15 | employee affected. | ||||||
16 | (c-5) The Department may initiate investigations of | ||||||
17 | alleged violations of subsection (b-25) of Section 10 upon | ||||||
18 | receiving a complaint from any person that claims to be | ||||||
19 | aggrieved by a violation of that subsection or at the | ||||||
20 | Department's discretion. Any person that claims to be | ||||||
21 | aggrieved by a violation of subsection (b-25) of Section 10 | ||||||
22 | may submit a complaint of an alleged violation of that | ||||||
23 | subsection to the Department within one year after the date of | ||||||
24 | the violation. If the Department has determined that a | ||||||
25 | violation has occurred, it shall issue to the employer a | ||||||
26 | notice setting forth the violation, the applicable penalty as |
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1 | described in subsections (c-10) and (c-15), and the period to | ||||||
2 | cure the violation as described in subsection (c-10). | ||||||
3 | (c-7) A job posting found to be in violation of subsection | ||||||
4 | (b-25) of Section 10 shall be considered as one violating job | ||||||
5 | posting regardless of the number of duplicative postings that | ||||||
6 | list the job opening. | ||||||
7 | (c-10) The penalties for a job posting or batch of | ||||||
8 | postings that are active at the time the Department issues a | ||||||
9 | notice of violation for violating subsection (b-25) of Section | ||||||
10 | 10 are as follows: | ||||||
11 | (1) For a first offense, following a cure period of 14 | ||||||
12 | days to remedy the violation, a fine not to exceed $500 at | ||||||
13 | the discretion of the Department. A first offense may be | ||||||
14 | either a single job posting that violates subsection | ||||||
15 | (b-25) of Section 10 or multiple job postings that violate | ||||||
16 | subsection (b-25) of Section 10 and are identified at the | ||||||
17 | same time by the Department. The Department shall have | ||||||
18 | discretion to waive any civil penalty under this | ||||||
19 | paragraph. | ||||||
20 | (2) For a second offense, following a cure period of 7 | ||||||
21 | days to remedy the violation, a fine not to exceed $2,500 | ||||||
22 | at the discretion of the Department. A second offense is a | ||||||
23 | single job posting that violates subsection (b-25) of | ||||||
24 | Section 10. The Department shall have discretion to waive | ||||||
25 | any civil penalty under this paragraph. | ||||||
26 | (3) For a third or subsequent offense, no cure period, |
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1 | a fine not to exceed $10,000 at the discretion of the | ||||||
2 | Department. A third or subsequent offense is a single job | ||||||
3 | posting that violates subsection (b-25) of Section 10. The | ||||||
4 | Department shall have discretion to waive any civil | ||||||
5 | penalty under this paragraph. If a company has had a third | ||||||
6 | offense, it shall incur automatic penalties without a cure | ||||||
7 | period for a period of 5 years, at the completion of which | ||||||
8 | any future offense shall count as a first offense. The | ||||||
9 | 5-year period shall restart if, during that period, an | ||||||
10 | employer receives a subsequent notice of violation from | ||||||
11 | the Department. | ||||||
12 | (c-15) The penalties for a job posting or batch of job | ||||||
13 | postings that are not active at the time the Department issues | ||||||
14 | a notice of violation for violating subsection (b-25) of | ||||||
15 | Section 10 are as follows: | ||||||
16 | (1) For a first offense, a fine not to exceed $250 at | ||||||
17 | the discretion of the Department. A first offense may be | ||||||
18 | either a single job posting that violates subsection | ||||||
19 | (b-25) of Section 10 or multiple job postings that violate | ||||||
20 | subsection (b-25) of Section 10 and are identified at the | ||||||
21 | same time by the Department. The Department shall have | ||||||
22 | discretion to waive any civil penalty under this | ||||||
23 | paragraph. | ||||||
24 | (2) For a second offense, a fine not to exceed $2,500 | ||||||
25 | at the discretion of the Department. A second offense is a | ||||||
26 | single job posting that violates subsection (b-25) of |
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1 | Section 10. The Department shall have discretion to waive | ||||||
2 | any civil penalty under this paragraph. | ||||||
3 | (3) For a third or subsequent offense, a fine not to | ||||||
4 | exceed $10,000 at the discretion of the Department. A | ||||||
5 | third or subsequent offense is a single job posting that | ||||||
6 | violates subsection (b-25) of Section 10. The Department | ||||||
7 | shall have discretion to waive any civil penalty under | ||||||
8 | this paragraph. | ||||||
9 | For the purposes of this subsection, the Department, | ||||||
10 | during its investigation of a complaint, shall make a | ||||||
11 | determination as to whether a job posting is not active by | ||||||
12 | considering the totality of the circumstances, including, but | ||||||
13 | not limited to: (i) whether a position has been filled; (ii) | ||||||
14 | the length of time a posting has been accessible to the public; | ||||||
15 | (iii) the existence of a date range for which a given position | ||||||
16 | is active; and (iv) whether the violating posting is for a | ||||||
17 | position for which the employer is no longer accepting | ||||||
18 | applications. | ||||||
19 | (d) In determining the amount of the penalty under this | ||||||
20 | Section , the
appropriateness of the
penalty to the size of the | ||||||
21 | business of the employer charged and the gravity of
the | ||||||
22 | violation shall
be considered. The penalty may be recovered in | ||||||
23 | a civil action brought by the
Director in
any circuit court.
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24 | (Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
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