Bill Text: IL SB1568 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Wage Payment and Collection Act. Authorizes the Department of Labor to establish administrative procedures to adjudicate claims of any amount (removes a provision limiting the Department's authority to claims of $3,000 or less).

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0527 [SB1568 Detail]

Download: Illinois-2013-SB1568-Amended.html

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Rep. Jay Hoffman

Filed: 5/7/2013

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AMENDMENT TO SENATE BILL 1568
AMENDMENT NO. ______. Amend Senate Bill 1568 on page 1 by
replacing line 4 with the following:
"Section 5. Findings and Purposes.
(a) The General Assembly finds the following:
(1) The intent of the Illinois General Assembly in
enacting the Minimum Wage Law and the Illinois Wage Payment
and Collection Act was to provide a statutory basis for a
claim of retaliatory discharge.
(2) In Trochuck v. Patterson, 851 F.Supp.2d 1147, the
United States District Court for the Southern District of
Illinois held that the Minimum Wage Law and the Illinois
Wage Payment and Collection Act cannot form the basis for a
legally viable common law retaliatory discharge claim.
(b) The purposes of this Act are as follows:
(1) To clearly state that the holding in Trochuck v.
Patterson as stated above is not the intent of the Illinois

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General Assembly.
(2) To provide a basis for a claim of retaliatory
discharge under the Minimum Wage Law and the Illinois Wage
Payment and Collection Act.
Section 10. The Minimum Wage Law is amended by changing
Section 11 as follows:
(820 ILCS 105/11) (from Ch. 48, par. 1011)
Sec. 11. Violations and enforcement.
(a) Any employer or his agent, or the officer or agent of
any private employer who:
(1) Hinders or delays the Director or his authorized
representative in the performance of his duties in the
enforcement of this Act; or
(2) Refuses to admit the Director or his authorized
representative to any place of employment; or
(3) Fails to keep the records required under this Act
or to furnish such records required or any information to
be furnished under this Act to the Director or his
authorized representative upon request; or
(4) Fails to make and preserve any records as required
hereunder; or
(5) Falsifies any such record; or
(6) Refuses to make such records available to the
Director or his authorized representative; or

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(7) Refuses to furnish a sworn statement of such
records or any other information required for the proper
enforcement of this Act; or
(8) Fails to post a summary of this Act or a copy of
any applicable regulation as required by Section 9 of this
Act; shall be guilty of a Class B misdemeanor; and each day
of such failure to keep the records required under this Act
or to furnish such records or information to the Director
or his authorized representative or to fail to post
information as required herein constitutes a separate
offense.
(b) Any employer or his agent, or the officer or agent of
any private employer, who pays or agrees to pay to any employee
wages at a rate less than the rate applicable under this Act or
of any regulation issued under this Act is guilty of a Class B
misdemeanor, and each week on any day of which such employee is
paid less than the wage rate applicable under this Act
constitutes a separate offense.
(c) It is unlawful for any employer or his or her agent, or
the officer or agent of any private employer, to interfere
with, restrain, or coerce an employee in any manner whatsoever
in the exercise of the rights or remedies granted to him or her
by this Act or to discriminate, attempt to discriminate, or
threaten to discriminate against an employee in any way because
of his or her exercise of the rights or remedies granted to him
or her by this Act.

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Any employer or his agent, or the officer or agent of any
private employer, who discharges or in any other manner
discriminates against any employee because that employee has
made a complaint to his employer, or to the Director or his
authorized representative, that he has not been paid wages in
accordance with the provisions of this Act, or because that
employee has caused to be instituted or is about to cause to be
instituted any proceeding under or related to this Act, or
because that employee has testified or is about to testify in
an investigation or proceeding under this Act, is guilty of a
Class B misdemeanor.
(d) It is the duty of the Department of Labor to inquire
diligently for any violations of this Act, and to institute the
action for penalties herein provided, and to enforce generally
the provisions of this Act.
(Source: P.A. 86-799.)
Section 15. The Illinois Wage Payment and Collection Act
is"; and
on page 6 by replacing line 24 with the following:
"(c) It is be unlawful for any employer or any agent of an
employer to interfere with, restrain, or coerce an employee in
any manner whatsoever in the exercise of the rights or remedies
granted to him or her by this Act or to discriminate, attempt
to discriminate, or threaten to discriminate against an

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employee in any way because of his or her exercise of the
rights or remedies granted to him or her by this Act.
Any employer, or any agent of an employer, who"; and
on page 7 by inserting immediately below line 14 the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".