Illinois 2023-2024 Regular Session

Illinois House Bill HB3227 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0182
2	1		HB3227 EnrolledLRB103 30108 SPS 56532 b HB3227 Enrolled LRB103 30108 SPS 56532 b
3	2		HB3227 Enrolled LRB103 30108 SPS 56532 b
4		-	AN ACT concerning employment.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Minimum Wage Law is amended by changing
8		-	Section 12 as follows:
9		-	(820 ILCS 105/12) (from Ch. 48, par. 1012)
10		-	Sec. 12. (a) If any employee is paid by his or her employer
11		-	less than the wage to which he or she is entitled under the
12		-	provisions of this Act, the employee may recover in a civil
13		-	action treble the amount of any such underpayments together
14		-	with costs and such reasonable attorney's fees as may be
15		-	allowed by the Court, and damages of 5% of the amount of any
16		-	such underpayments for each month following the date of
17		-	payment during which such underpayments remain unpaid. Any
18		-	agreement between the employee and the employer to work for
19		-	less than such wage is no defense to such action. At the
20		-	request of the employee or on motion of the Director of Labor,
21		-	the Department of Labor may make an assignment of such wage
22		-	claim in trust for the assigning employee and may bring any
23		-	legal action necessary to collect such claim, and the employer
24		-	shall be required to pay the costs incurred in collecting such
25		-	claim. Every such action shall be brought within 3 years from
26		-	the date of the underpayment. Such employer shall be liable to
	3	+	1 AN ACT concerning employment.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Minimum Wage Law is amended by changing
	7	+	5 Section 12 as follows:
	8	+	6 (820 ILCS 105/12) (from Ch. 48, par. 1012)
	9	+	7 Sec. 12. (a) If any employee is paid by his or her employer
	10	+	8 less than the wage to which he or she is entitled under the
	11	+	9 provisions of this Act, the employee may recover in a civil
	12	+	10 action treble the amount of any such underpayments together
	13	+	11 with costs and such reasonable attorney's fees as may be
	14	+	12 allowed by the Court, and damages of 5% of the amount of any
	15	+	13 such underpayments for each month following the date of
	16	+	14 payment during which such underpayments remain unpaid. Any
	17	+	15 agreement between the employee and the employer to work for
	18	+	16 less than such wage is no defense to such action. At the
	19	+	17 request of the employee or on motion of the Director of Labor,
	20	+	18 the Department of Labor may make an assignment of such wage
	21	+	19 claim in trust for the assigning employee and may bring any
	22	+	20 legal action necessary to collect such claim, and the employer
	23	+	21 shall be required to pay the costs incurred in collecting such
	24	+	22 claim. Every such action shall be brought within 3 years from
	25	+	23 the date of the underpayment. Such employer shall be liable to
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30	29		HB3227 Enrolled LRB103 30108 SPS 56532 b
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33		-	the Department of Labor for a penalty in an amount of up to 20%
34		-	of the total employer's underpayment where the employer's
35		-	conduct is proven by a preponderance of the evidence to be
36		-	willful, repeated, or with reckless disregard of this Act or
37		-	any rule adopted under this Act. Such employer shall be liable
38		-	to the Department for an additional penalty of $1,500. All
39		-	administrative penalties ordered under this Act shall be paid
40		-	by certified check, money order, or an electronic payment
41		-	system designated by the Department for such purposes and
42		-	shall be made , payable to the Department's Wage Theft
43		-	Enforcement Fund. Such employer shall be additionally liable
44		-	to the employee for damages in the amount of 5% of the amount
45		-	of any such underpayments for each month following the date of
46		-	payment during which such underpayments remain unpaid. These
47		-	penalties and damages may be recovered in a civil action
48		-	brought by the Director of Labor in any circuit court. In any
49		-	such action, the Director of Labor shall be represented by the
50		-	Attorney General.
51		-	If an employee collects damages of 5% of the amount of
52		-	underpayments as a result of an action brought by the Director
53		-	of Labor, the employee may not also collect those damages in a
54		-	private action brought by the employee for the same violation.
55		-	If an employee collects damages of 5% of the amount of
56		-	underpayments in a private action brought by the employee, the
57		-	employee may not also collect those damages as a result of an
58		-	action brought by the Director of Labor for the same
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	33	+	HB3227 Enrolled - 2 - LRB103 30108 SPS 56532 b
	34	+	1 the Department of Labor for a penalty in an amount of up to 20%
	35	+	2 of the total employer's underpayment where the employer's
	36	+	3 conduct is proven by a preponderance of the evidence to be
	37	+	4 willful, repeated, or with reckless disregard of this Act or
	38	+	5 any rule adopted under this Act. Such employer shall be liable
	39	+	6 to the Department for an additional penalty of $1,500. All
	40	+	7 administrative penalties ordered under this Act shall be paid
	41	+	8 by certified check, money order, or an electronic payment
	42	+	9 system designated by the Department for such purposes and
	43	+	10 shall be made , payable to the Department's Wage Theft
	44	+	11 Enforcement Fund. Such employer shall be additionally liable
	45	+	12 to the employee for damages in the amount of 5% of the amount
	46	+	13 of any such underpayments for each month following the date of
	47	+	14 payment during which such underpayments remain unpaid. These
	48	+	15 penalties and damages may be recovered in a civil action
	49	+	16 brought by the Director of Labor in any circuit court. In any
	50	+	17 such action, the Director of Labor shall be represented by the
	51	+	18 Attorney General.
	52	+	19 If an employee collects damages of 5% of the amount of
	53	+	20 underpayments as a result of an action brought by the Director
	54	+	21 of Labor, the employee may not also collect those damages in a
	55	+	22 private action brought by the employee for the same violation.
	56	+	23 If an employee collects damages of 5% of the amount of
	57	+	24 underpayments in a private action brought by the employee, the
	58	+	25 employee may not also collect those damages as a result of an
	59	+	26 action brought by the Director of Labor for the same
59	60
60	61
61		-	violation.
62		-	(b) If an employee has not collected damages under
63		-	subsection (a) for the same violation, the Director is
64		-	authorized to supervise the payment of the unpaid minimum
65		-	wages and the unpaid overtime compensation owing to any
66		-	employee or employees under Sections 4 and 4a of this Act and
67		-	may bring any legal action necessary to recover the amount of
68		-	the unpaid minimum wages and unpaid overtime compensation and
69		-	an equal additional amount as damages, and the employer shall
70		-	be required to pay the costs incurred in collecting such
71		-	claim. Such employer shall be additionally liable to the
72		-	Department of Labor for up to 20% of the total employer's
73		-	underpayment where the employer's conduct is proven by a
74		-	preponderance of the evidence to be willful, repeated, or with
75		-	reckless disregard of this Act or any rule adopted under this
76		-	Act. Such employer shall be liable to the Department of Labor
77		-	for an additional penalty of $1,500, payable to the
78		-	Department's Wage Theft Enforcement Fund. The action shall be
79		-	brought within 5 years from the date of the failure to pay the
80		-	wages or compensation. Any sums thus recovered by the Director
81		-	on behalf of an employee pursuant to this subsection shall be
82		-	deposited into the Department of Labor Special State Trust
83		-	Fund, from which the Department shall disburse the sums owed
84		-	to the employee or employees. The Department shall conduct a
85		-	good faith search to find all employees for whom it has
86		-	recovered unpaid minimum wages or unpaid overtime
87	62
88	63
89		-	compensation. All disbursements authorized under this Section
90		-	shall be made by certified check, money order, or an
91		-	electronic payment system designated by the Department paid to
92		-	the employee or employees affected. Any sums which, more than
93		-	one year after being thus recovered, the Director is unable to
94		-	pay to an employee shall be deposited into the General Revenue
95		-	Fund.
96		-	(c) The Department shall hold any moneys due to employees
97		-	that it is unable to locate in the Department of Labor Special
98		-	State Trust Fund for no less than 3 years after the moneys were
99		-	collected.
100		-	Beginning November 1, 2023, or as soon as is practical,
101		-	and each November 1 thereafter, the Department shall report
102		-	any moneys due to employees who cannot be located and that have
103		-	been held by the Department in the Department of Labor Special
104		-	State Trust Fund for 3 or more years and moneys due to
105		-	employees who are deceased to the State Treasurer as required
106		-	by the Revised Uniform Unclaimed Property Act. The Department
107		-	shall not be required to provide the notice required under
108		-	Section 15-501 of the Revised Uniform Unclaimed Property Act.
109		-	Beginning July 1, 2023, or as soon as is practical, and
110		-	each July 1 thereafter, the Department shall direct the State
111		-	Comptroller and State Treasurer to transfer from the
112		-	Department of Labor Special State Trust Fund the balance of
113		-	the moneys due to employees who cannot be located and that have
114		-	been held by the Department in the Department of Labor Special
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116	67
117		-	State Trust Fund for 3 or more years and moneys due to
118		-	employees who are deceased as follows: (i) 15% to the Wage
119		-	Theft Enforcement Fund and (ii) 85% to the Unclaimed Property
120		-	Trust Fund.
121		-	The Department may use moneys in the Wage Theft
122		-	Enforcement Fund for the purposes described in Section 14 of
123		-	the Illinois Wage Payment and Collection Act.
124		-	(d) The Department may adopt rules to implement and
125		-	administer this Section.
126		-	(Source: P.A. 101-1, eff. 2-19-19.)
127		-	Section 10. The Illinois Wage Payment and Collection Act
128		-	is amended by changing Sections 11.5 and 14 as follows:
129		-	(820 ILCS 115/11.5)
130		-	Sec. 11.5. Departmental wage recovery; remittance to
131		-	aggrieved employee.
132		-	(a) Upon the recovery of unpaid wages, wage supplements,
133		-	or final compensation from an employer that has violated this
134		-	Act, the Department shall conduct a good faith search to find
135		-	the aggrieved employee. If, after conducting a good faith
136		-	search for the aggrieved employee, the Department is unable to
137		-	find the aggrieved employee, the Department shall deposit the
138		-	amount recovered into the Department of Labor Special State
139		-	Trust Fund, from which the Department shall disburse the sums
140		-	owed to the employee or employees. The Department shall
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	70	+	1 violation.
	71	+	2 (b) If an employee has not collected damages under
	72	+	3 subsection (a) for the same violation, the Director is
	73	+	4 authorized to supervise the payment of the unpaid minimum
	74	+	5 wages and the unpaid overtime compensation owing to any
	75	+	6 employee or employees under Sections 4 and 4a of this Act and
	76	+	7 may bring any legal action necessary to recover the amount of
	77	+	8 the unpaid minimum wages and unpaid overtime compensation and
	78	+	9 an equal additional amount as damages, and the employer shall
	79	+	10 be required to pay the costs incurred in collecting such
	80	+	11 claim. Such employer shall be additionally liable to the
	81	+	12 Department of Labor for up to 20% of the total employer's
	82	+	13 underpayment where the employer's conduct is proven by a
	83	+	14 preponderance of the evidence to be willful, repeated, or with
	84	+	15 reckless disregard of this Act or any rule adopted under this
	85	+	16 Act. Such employer shall be liable to the Department of Labor
	86	+	17 for an additional penalty of $1,500, payable to the
	87	+	18 Department's Wage Theft Enforcement Fund. The action shall be
	88	+	19 brought within 5 years from the date of the failure to pay the
	89	+	20 wages or compensation. Any sums thus recovered by the Director
	90	+	21 on behalf of an employee pursuant to this subsection shall be
	91	+	22 deposited into the Department of Labor Special State Trust
	92	+	23 Fund, from which the Department shall disburse the sums owed
	93	+	24 to the employee or employees. The Department shall conduct a
	94	+	25 good faith search to find all employees for whom it has
	95	+	26 recovered unpaid minimum wages or unpaid overtime
141	96
142	97
143		-	conduct a good faith search to find all employees for whom it
144		-	has recovered unpaid wages, wage supplements, or final
145		-	compensation. All disbursements authorized under this Section
146		-	shall be made by certified check, money order, or an
147		-	electronic payment system designated by the Department.
148		-	(a-5) The Department shall hold any moneys due to
149		-	employees that it is unable to locate in the Department of
150		-	Labor Special State Trust Fund for no less than 3 years after
151		-	the moneys were collected.
152		-	Beginning November 1, 2023, or as soon as is practical,
153		-	and each November 1 thereafter, the Department shall report
154		-	any moneys due to employees who cannot be located and that have
155		-	been held by the Department in the Department of Labor Special
156		-	State Trust Fund for 3 or more years and moneys due to
157		-	employees who are deceased to the State Treasurer as required
158		-	by the Revised Uniform Unclaimed Property Act. The Department
159		-	shall not be required to provide the notice required under
160		-	Section 15-501 of the Revised Uniform Unclaimed Property Act.
161		-	Beginning July 1, 2023, or as soon as is practical, and
162		-	each July 1 thereafter, the Department shall direct the State
163		-	Comptroller and State Treasurer to transfer from the
164		-	Department of Labor Special State Trust Fund the balance of
165		-	the moneys due to employees who cannot be located and that have
166		-	been held by the Department in the Department of Labor Special
167		-	State Trust Fund for 3 or more years and moneys due to
168		-	employees who are deceased as follows: (i) 15% to the Wage
169	98
170	99
171		-	Theft Enforcement Fund and (ii) 85% to the Unclaimed Property
172		-	Trust Fund.
173		-	The Department may use moneys in the Wage Theft
174		-	Enforcement Fund for the purposes described in Section 14 of
175		-	the Illinois Wage Payment and Collection Act.
176		-	(b) An aggrieved employee may make a request to the
177		-	Department in order to recover unpaid wages, wage supplements,
178		-	or final compensation that has been deposited into the
179		-	Department of Labor Special State Trust Fund. The Department
180		-	shall not require the employee to present a Social Security
181		-	number or proof of United States citizenship. For the purpose
182		-	of paying claims under this Section from the Department of
183		-	Labor Special State Trust Fund to aggrieved employees, the
184		-	Comptroller shall assign a vendor payment number to the
185		-	Department. When an aggrieved employee makes a valid request
186		-	for payment to the Department, the Department shall use the
187		-	vendor payment number to process payment on behalf of the
188		-	aggrieved employee.
189		-	(c) The Department shall adopt rules for the
190		-	administration of this Section.
191		-	(Source: P.A. 99-762, eff. 1-1-17.)
192		-	(820 ILCS 115/14) (from Ch. 48, par. 39m-14)
193		-	Sec. 14. (a) Any employee not timely paid wages, final
194		-	compensation, or wage supplements by his or her employer as
195		-	required by this Act shall be entitled to recover through a
	100	+
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196	102
197	103
198		-	claim filed with the Department of Labor or in a civil action,
199		-	but not both, the amount of any such underpayments and damages
200		-	of 5% of the amount of any such underpayments for each month
201		-	following the date of payment during which such underpayments
202		-	remain unpaid. In a civil action, such employee shall also
203		-	recover costs and all reasonable attorney's fees.
204		-	(a-5) In addition to the remedies provided in subsections
205		-	(a), (b), and (c) of this Section, any employer or any agent of
206		-	an employer, who, being able to pay wages, final compensation,
207		-	or wage supplements and being under a duty to pay, wilfully
208		-	refuses to pay as provided in this Act, or falsely denies the
209		-	amount or validity thereof or that the same is due, with intent
210		-	to secure for himself or other person any underpayment of such
211		-	indebtedness or with intent to annoy, harass, oppress, hinder,
212		-	delay or defraud the person to whom such indebtedness is due,
213		-	upon conviction, is guilty of:
214		-	(1) for unpaid wages, final compensation or wage
215		-	supplements in the amount of $5,000 or less, a Class B
216		-	misdemeanor; or
217		-	(2) for unpaid wages, final compensation or wage
218		-	supplements in the amount of more than $5,000, a Class A
219		-	misdemeanor.
220		-	Each day during which any violation of this Act continues
221		-	shall constitute a separate and distinct offense.
222		-	Any employer or any agent of an employer who violates this
223		-	Section of the Act a subsequent time within 2 years of a prior
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	106	+	1 compensation. All disbursements authorized under this Section
	107	+	2 shall be made by certified check, money order, or an
	108	+	3 electronic payment system designated by the Department paid to
	109	+	4 the employee or employees affected. Any sums which, more than
	110	+	5 one year after being thus recovered, the Director is unable to
	111	+	6 pay to an employee shall be deposited into the General Revenue
	112	+	7 Fund.
	113	+	8 (c) The Department shall hold any moneys due to employees
	114	+	9 that it is unable to locate in the Department of Labor Special
	115	+	10 State Trust Fund for no less than 3 years after the moneys were
	116	+	11 collected.
	117	+	12 Beginning November 1, 2023, or as soon as is practical,
	118	+	13 and each November 1 thereafter, the Department shall report
	119	+	14 any moneys due to employees who cannot be located and that have
	120	+	15 been held by the Department in the Department of Labor Special
	121	+	16 State Trust Fund for 3 or more years and moneys due to
	122	+	17 employees who are deceased to the State Treasurer as required
	123	+	18 by the Revised Uniform Unclaimed Property Act. The Department
	124	+	19 shall not be required to provide the notice required under
	125	+	20 Section 15-501 of the Revised Uniform Unclaimed Property Act.
	126	+	21 Beginning July 1, 2023, or as soon as is practical, and
	127	+	22 each July 1 thereafter, the Department shall direct the State
	128	+	23 Comptroller and State Treasurer to transfer from the
	129	+	24 Department of Labor Special State Trust Fund the balance of
	130	+	25 the moneys due to employees who cannot be located and that have
	131	+	26 been held by the Department in the Department of Labor Special
224	132
225	133
226		-	criminal conviction under this Section is guilty, upon
227		-	conviction, of a Class 4 felony.
228		-	(b) Any employer who has been demanded or ordered by the
229		-	Department or ordered by the court to pay wages, final
230		-	compensation, or wage supplements due an employee shall be
231		-	required to pay a non-waivable administrative fee to the
232		-	Department of Labor in the amount of $250 if the amount ordered
233		-	by the Department as wages owed is $3,000 or less; $500 if the
234		-	amount ordered by the Department as wages owed is more than
235		-	$3,000, but less than $10,000; and $1,000 if the amount
236		-	ordered by the Department as wages owed is $10,000 or more. Any
237		-	employer who has been so demanded or ordered by the Department
238		-	or ordered by a court to pay such wages, final compensation, or
239		-	wage supplements and who fails to seek timely review of such a
240		-	demand or order as provided for under this Act and who fails to
241		-	comply within 15 calendar days after such demand or within 35
242		-	days of an administrative or court order is entered shall also
243		-	be liable to pay a penalty to the Department of Labor of 20% of
244		-	the amount found owing and a penalty to the employee of 1% per
245		-	calendar day of the amount found owing for each day of delay in
246		-	paying such wages to the employee. All moneys recovered as
247		-	fees and civil penalties under this Act, except those owing to
248		-	the affected employee, shall be deposited into the Wage Theft
249		-	Enforcement Fund, a special fund which is hereby created in
250		-	the State treasury. Moneys in the Fund may be used only for
251		-	enforcement of this Act and for outreach and educational
252	134
253	135
254		-	activities of the Department related to the recovery of unpaid
255		-	or underpaid compensation and the disbursement of moneys to
256		-	affected parties.
257		-	(b-5) Penalties and fees under this Section may be
258		-	assessed by the Department and recovered in a civil action
259		-	brought by the Department in any circuit court or in any
260		-	administrative adjudicative proceeding under this Act. In any
261		-	such civil action or administrative adjudicative proceeding
262		-	under this Act, the Department shall be represented by the
263		-	Attorney General.
264		-	(c) Any employer, or any agent of an employer, who
265		-	discharges or in any other manner discriminates against any
266		-	employee because that employee has made a complaint to his or
267		-	her employer, to the Director of Labor or his or her authorized
268		-	representative, in a public hearing, or to a community
269		-	organization that he or she has not been paid in accordance
270		-	with the provisions of this Act, or because that employee has
271		-	caused to be instituted any proceeding under or related to
272		-	this Act, or because that employee has testified or is about to
273		-	testify in an investigation or proceeding under this Act, is
274		-	guilty, upon conviction, of a Class C misdemeanor. An employee
275		-	who has been unlawfully retaliated against shall be entitled
276		-	to recover through a claim filed with the Department of Labor
277		-	or in a civil action, but not both, all legal and equitable
278		-	relief as may be appropriate. In a civil action, such employee
279		-	shall also recover costs and all reasonable attorney's fees.
	136	+
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280	138
281	139
282		-	(Source: P.A. 102-50, eff. 7-9-21.)
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	142	+	1 State Trust Fund for 3 or more years and moneys due to
	143	+	2 employees who are deceased as follows: (i) 15% to the Wage
	144	+	3 Theft Enforcement Fund and (ii) 85% to the Unclaimed Property
	145	+	4 Trust Fund.
	146	+	5 The Department may use moneys in the Wage Theft
	147	+	6 Enforcement Fund for the purposes described in Section 14 of
	148	+	7 the Illinois Wage Payment and Collection Act.
	149	+	8 (d) The Department may adopt rules to implement and
	150	+	9 administer this Section.
	151	+	10 (Source: P.A. 101-1, eff. 2-19-19.)
	152	+	11 Section 10. The Illinois Wage Payment and Collection Act
	153	+	12 is amended by changing Sections 11.5 and 14 as follows:
	154	+	13 (820 ILCS 115/11.5)
	155	+	14 Sec. 11.5. Departmental wage recovery; remittance to
	156	+	15 aggrieved employee.
	157	+	16 (a) Upon the recovery of unpaid wages, wage supplements,
	158	+	17 or final compensation from an employer that has violated this
	159	+	18 Act, the Department shall conduct a good faith search to find
	160	+	19 the aggrieved employee. If, after conducting a good faith
	161	+	20 search for the aggrieved employee, the Department is unable to
	162	+	21 find the aggrieved employee, the Department shall deposit the
	163	+	22 amount recovered into the Department of Labor Special State
	164	+	23 Trust Fund, from which the Department shall disburse the sums
	165	+	24 owed to the employee or employees. The Department shall
	166	+
	167	+
	168	+
	169	+
	170	+
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	172	+
	173	+
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	176	+	1 conduct a good faith search to find all employees for whom it
	177	+	2 has recovered unpaid wages, wage supplements, or final
	178	+	3 compensation. All disbursements authorized under this Section
	179	+	4 shall be made by certified check, money order, or an
	180	+	5 electronic payment system designated by the Department.
	181	+	6 (a-5) The Department shall hold any moneys due to
	182	+	7 employees that it is unable to locate in the Department of
	183	+	8 Labor Special State Trust Fund for no less than 3 years after
	184	+	9 the moneys were collected.
	185	+	10 Beginning November 1, 2023, or as soon as is practical,
	186	+	11 and each November 1 thereafter, the Department shall report
	187	+	12 any moneys due to employees who cannot be located and that have
	188	+	13 been held by the Department in the Department of Labor Special
	189	+	14 State Trust Fund for 3 or more years and moneys due to
	190	+	15 employees who are deceased to the State Treasurer as required
	191	+	16 by the Revised Uniform Unclaimed Property Act. The Department
	192	+	17 shall not be required to provide the notice required under
	193	+	18 Section 15-501 of the Revised Uniform Unclaimed Property Act.
	194	+	19 Beginning July 1, 2023, or as soon as is practical, and
	195	+	20 each July 1 thereafter, the Department shall direct the State
	196	+	21 Comptroller and State Treasurer to transfer from the
	197	+	22 Department of Labor Special State Trust Fund the balance of
	198	+	23 the moneys due to employees who cannot be located and that have
	199	+	24 been held by the Department in the Department of Labor Special
	200	+	25 State Trust Fund for 3 or more years and moneys due to
	201	+	26 employees who are deceased as follows: (i) 15% to the Wage
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	212	+	1 Theft Enforcement Fund and (ii) 85% to the Unclaimed Property
	213	+	2 Trust Fund.
	214	+	3 The Department may use moneys in the Wage Theft
	215	+	4 Enforcement Fund for the purposes described in Section 14 of
	216	+	5 the Illinois Wage Payment and Collection Act.
	217	+	6 (b) An aggrieved employee may make a request to the
	218	+	7 Department in order to recover unpaid wages, wage supplements,
	219	+	8 or final compensation that has been deposited into the
	220	+	9 Department of Labor Special State Trust Fund. The Department
	221	+	10 shall not require the employee to present a Social Security
	222	+	11 number or proof of United States citizenship. For the purpose
	223	+	12 of paying claims under this Section from the Department of
	224	+	13 Labor Special State Trust Fund to aggrieved employees, the
	225	+	14 Comptroller shall assign a vendor payment number to the
	226	+	15 Department. When an aggrieved employee makes a valid request
	227	+	16 for payment to the Department, the Department shall use the
	228	+	17 vendor payment number to process payment on behalf of the
	229	+	18 aggrieved employee.
	230	+	19 (c) The Department shall adopt rules for the
	231	+	20 administration of this Section.
	232	+	21 (Source: P.A. 99-762, eff. 1-1-17.)
	233	+	22 (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
	234	+	23 Sec. 14. (a) Any employee not timely paid wages, final
	235	+	24 compensation, or wage supplements by his or her employer as
	236	+	25 required by this Act shall be entitled to recover through a
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	247	+	1 claim filed with the Department of Labor or in a civil action,
	248	+	2 but not both, the amount of any such underpayments and damages
	249	+	3 of 5% of the amount of any such underpayments for each month
	250	+	4 following the date of payment during which such underpayments
	251	+	5 remain unpaid. In a civil action, such employee shall also
	252	+	6 recover costs and all reasonable attorney's fees.
	253	+	7 (a-5) In addition to the remedies provided in subsections
	254	+	8 (a), (b), and (c) of this Section, any employer or any agent of
	255	+	9 an employer, who, being able to pay wages, final compensation,
	256	+	10 or wage supplements and being under a duty to pay, wilfully
	257	+	11 refuses to pay as provided in this Act, or falsely denies the
	258	+	12 amount or validity thereof or that the same is due, with intent
	259	+	13 to secure for himself or other person any underpayment of such
	260	+	14 indebtedness or with intent to annoy, harass, oppress, hinder,
	261	+	15 delay or defraud the person to whom such indebtedness is due,
	262	+	16 upon conviction, is guilty of:
	263	+	17 (1) for unpaid wages, final compensation or wage
	264	+	18 supplements in the amount of $5,000 or less, a Class B
	265	+	19 misdemeanor; or
	266	+	20 (2) for unpaid wages, final compensation or wage
	267	+	21 supplements in the amount of more than $5,000, a Class A
	268	+	22 misdemeanor.
	269	+	23 Each day during which any violation of this Act continues
	270	+	24 shall constitute a separate and distinct offense.
	271	+	25 Any employer or any agent of an employer who violates this
	272	+	26 Section of the Act a subsequent time within 2 years of a prior
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	283	+	1 criminal conviction under this Section is guilty, upon
	284	+	2 conviction, of a Class 4 felony.
	285	+	3 (b) Any employer who has been demanded or ordered by the
	286	+	4 Department or ordered by the court to pay wages, final
	287	+	5 compensation, or wage supplements due an employee shall be
	288	+	6 required to pay a non-waivable administrative fee to the
	289	+	7 Department of Labor in the amount of $250 if the amount ordered
	290	+	8 by the Department as wages owed is $3,000 or less; $500 if the
	291	+	9 amount ordered by the Department as wages owed is more than
	292	+	10 $3,000, but less than $10,000; and $1,000 if the amount
	293	+	11 ordered by the Department as wages owed is $10,000 or more. Any
	294	+	12 employer who has been so demanded or ordered by the Department
	295	+	13 or ordered by a court to pay such wages, final compensation, or
	296	+	14 wage supplements and who fails to seek timely review of such a
	297	+	15 demand or order as provided for under this Act and who fails to
	298	+	16 comply within 15 calendar days after such demand or within 35
	299	+	17 days of an administrative or court order is entered shall also
	300	+	18 be liable to pay a penalty to the Department of Labor of 20% of
	301	+	19 the amount found owing and a penalty to the employee of 1% per
	302	+	20 calendar day of the amount found owing for each day of delay in
	303	+	21 paying such wages to the employee. All moneys recovered as
	304	+	22 fees and civil penalties under this Act, except those owing to
	305	+	23 the affected employee, shall be deposited into the Wage Theft
	306	+	24 Enforcement Fund, a special fund which is hereby created in
	307	+	25 the State treasury. Moneys in the Fund may be used only for
	308	+	26 enforcement of this Act and for outreach and educational
	309	+
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	319	+	1 activities of the Department related to the recovery of unpaid
	320	+	2 or underpaid compensation and the disbursement of moneys to
	321	+	3 affected parties.
	322	+	4 (b-5) Penalties and fees under this Section may be
	323	+	5 assessed by the Department and recovered in a civil action
	324	+	6 brought by the Department in any circuit court or in any
	325	+	7 administrative adjudicative proceeding under this Act. In any
	326	+	8 such civil action or administrative adjudicative proceeding
	327	+	9 under this Act, the Department shall be represented by the
	328	+	10 Attorney General.
	329	+	11 (c) Any employer, or any agent of an employer, who
	330	+	12 discharges or in any other manner discriminates against any
	331	+	13 employee because that employee has made a complaint to his or
	332	+	14 her employer, to the Director of Labor or his or her authorized
	333	+	15 representative, in a public hearing, or to a community
	334	+	16 organization that he or she has not been paid in accordance
	335	+	17 with the provisions of this Act, or because that employee has
	336	+	18 caused to be instituted any proceeding under or related to
	337	+	19 this Act, or because that employee has testified or is about to
	338	+	20 testify in an investigation or proceeding under this Act, is
	339	+	21 guilty, upon conviction, of a Class C misdemeanor. An employee
	340	+	22 who has been unlawfully retaliated against shall be entitled
	341	+	23 to recover through a claim filed with the Department of Labor
	342	+	24 or in a civil action, but not both, all legal and equitable
	343	+	25 relief as may be appropriate. In a civil action, such employee
	344	+	26 shall also recover costs and all reasonable attorney's fees.
	345	+
	346	+
	347	+
	348	+
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	351	+
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	354	+	HB3227 Enrolled - 11 - LRB103 30108 SPS 56532 b
	355	+	1 (Source: P.A. 102-50, eff. 7-9-21.)
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