Bill Text: IL HB5077 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Employee Classification Act. Provides that the civil penalty for violating the Act is $1,500 for the first violation and $3,000 for each repeat violation within a 5-year period (rather than an amount not to exceed $1,000 for the first violation and an amount not to exceed $2,000 for each repeat violation within a 5-year period). Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5077 Detail]

Download: Illinois-2019-HB5077-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5077

Introduced , by Rep. Stephanie A. Kifowit

SYNOPSIS AS INTRODUCED:
820 ILCS 185/40

Amends the Employee Classification Act. Provides that the civil penalty for violating the Act is $1,500 for the first violation and $3,000 for each repeat violation within a 5-year period (rather than an amount not to exceed $1,000 for the first violation and an amount not to exceed $2,000 for each repeat violation within a 5-year period). Effective immediately.
LRB101 18684 JLS 68139 b

A BILL FOR

HB5077LRB101 18684 JLS 68139 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Employee Classification Act is amended by
5changing Section 40 as follows:
6 (820 ILCS 185/40)
7 Sec. 40. Penalties.
8 (a) An employer or entity that violates any of the
9provisions of this Act or any rule adopted under this Act shall
10be subject to a civil penalty of $1,500 not to exceed $1,000
11for each violation found in the first audit by the Department.
12Following a first audit, an employer or entity shall be subject
13to a civil penalty of $3,000 not to exceed $2,000 for each
14repeat violation found by the Department within a 5 year
15period. For purposes of this Section, each violation of this
16Act for each person and for each day the violation continues
17shall constitute a separate and distinct violation. In
18determining the amount of a penalty, the Director shall
19consider the appropriateness of the penalty to the employer or
20entity charged, upon the determination of the gravity of the
21violations.
22 (b) The amount of the penalty, when finally determined, may
23be recovered in any administrative proceeding or a civil action

HB5077- 2 -LRB101 18684 JLS 68139 b
1filed in any circuit court by the Director of Labor, or a
2person aggrieved by a violation of this Act or any rule adopted
3under this Act.
4 (1) The Department shall distribute to all affected
5 employees 10% of the civil penalty recovered as a result of
6 any administrative proceeding or civil action brought by
7 the Department. The remaining 90% of the amount recovered
8 shall be submitted to the Director of Labor.
9 (2) In any civil action brought by an interested party
10 pursuant to this Section, the circuit court shall award the
11 interested party 10% of the amount recovered. In such case,
12 the remaining amount recovered shall be submitted to the
13 Director of Labor.
14 (c) Any uncollected amount shall be subject to the
15provisions of the Illinois State Collection Act of 1986.
16(Source: P.A. 98-106, eff. 1-1-14.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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