Bill Text: IL HB3634 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Equal Pay Act of 2003. Provides that an employer subject to the Act shall preserve specified records for not less than 5 (rather than 3) years. Provides that an action to collect a wage claim under the Act shall be brought within 5 years from the date of the underpayment (rather than within 3 years from the date the employee learned of the underpayment).

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0467 [HB3634 Detail]

Download: Illinois-2009-HB3634-Enrolled.html

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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Equal Pay Act of 2003 is amended by changing
Sections 15, 20, 30, and 35 as follows:
(820 ILCS 112/15)
Sec. 15. Enforcement.
(a) The Director or his or her authorized representative
shall administer and enforce the provisions of this Act. The
Director of Labor shall adopt rules necessary to administer and
enforce this Act.
(b) An employee or former employee may file a complaint
with the Department alleging a violation of this Act by
submitting a signed, completed complaint form. All complaints
shall be filed with the Department within one year from the
date of the underpayment.
(c) The Department has the power to conduct investigations
in connection with the administration and enforcement of this
Act and the authorized officers and employees of the Department
are authorized to investigate and gather data regarding the
wages, hours, and other conditions and practices of employment
in any industry subject to this Act, and may enter and inspect
such places and such records at reasonable times during regular

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business hours, question the employees and investigate the
facts, conditions, practices, or matters as he or she may deem
necessary or appropriate to determine whether any person has
violated any provision of this Act, or which may aid in the
enforcement of this Act.
(Source: P.A. 93-6, eff. 1-1-04.)
(820 ILCS 112/20)
Sec. 20. Recordkeeping requirements. An employer subject
to any provision of this Act shall make and preserve records
that document the name, address, and occupation of each
employee, the wages paid to each employee, and any other
information the Director may by rule deem necessary and
appropriate for enforcement of this Act. An employer subject to
any provision of this Act shall preserve those records for a
period of not less than 5 3 years and shall make reports from
the records as prescribed by rule or order of the Director,
unless the records relate to an ongoing investigation or
enforcement action under this Act, in which case the records
must be maintained until their destruction is authorized by the
Department or by court order.
(Source: P.A. 93-6, eff. 1-1-04.)
(820 ILCS 112/30)
Sec. 30. Violations; fines and penalties.
(a) If an employee is paid by his or her employer less than

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the wage to which he or she is entitled in violation of Section
10 of this Act, the employee may recover in a civil action the
entire amount of any underpayment together with interest and
the costs and reasonable attorney's fees as may be allowed by
the court and as necessary to make the employee whole. At the
request of the employee or on a motion of the Director, the
Department may make an assignment of the wage claim in trust
for the assigning employee and may bring any legal action
necessary to collect the claim, and the employer shall be
required to pay the costs incurred in collecting the claim.
Every such action shall be brought within 5 3 years from the
date the employee learned of the underpayment. For purposes of
this Act, "date of the underpayment" means each time wages are
underpaid.
(b) The Director is authorized to supervise the payment of
the unpaid wages owing to any employee or employees under this
Act and may bring any legal action necessary to recover the
amount of unpaid wages and penalties and the employer shall be
required to pay the costs. Any sums recovered by the Director
on behalf of an employee under this Section shall be paid to
the employee or employees affected.
(c) Any employer who violates any provision of this Act or
any rule adopted under the Act is subject to a civil penalty
not to exceed $2,500 for each violation for each employee
affected. In determining the amount of the penalty, the
appropriateness of the penalty to the size of the business of

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the employer charged and the gravity of the violation shall be
considered. The penalty may be recovered in a civil action
brought by the Director in any circuit court.
(Source: P.A. 93-6, eff. 1-1-04.)
(820 ILCS 112/35)
Sec. 35. Refusal to pay wages or final compensation;
retaliatory discharge or discrimination.
(a) Any employer who has been demanded ordered by the
Director of Labor or ordered by the court to pay wages due an
employee and who fails to do so within 15 days after such
demand or the order is entered shall be is liable to pay a
penalty of 1% per calendar day to the employee for each day of
delay in paying such the wages to the employee, up to an amount
equal to twice the sum of unpaid wages due the employee.
(b) Any employer, or any agent of an employer, who
knowingly discharges or in any other manner knowingly
discriminates against any employee because that employee has
made a complaint to his or her employer, or to the Director or
his or her authorized representative, that he or she or any
employee of the employer has not been paid in accordance with
the provisions of this Act, or because that employee has
instituted or caused to be instituted any proceeding under or
related to this Act or consulted counsel for such purposes, or
because that employee has testified or is about to testify in
an investigation or proceeding under this Act, or offers any

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evidence of any violation of this Act, shall be liable to the
employee for such legal and equitable relief as may be
appropriate to effectuate the purposes of this Section, the
value of any lost benefits, backpay, and front pay as
appropriate so long as the employee has made reasonable efforts
to mitigate his or her damages and an additional equal amount
as liquidated damages.
(Source: P.A. 93-6, eff. 1-1-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.