Public Act 103-0201
HB3733 EnrolledLRB103 30030 SPS 56451 b HB3733 Enrolled LRB103 30030 SPS 56451 b
HB3733 Enrolled LRB103 30030 SPS 56451 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 5.942 as follows:
(30 ILCS 105/5.942)
Sec. 5.942. The Equal Pay Registration Fund.
(Source: P.A. 101-656, eff. 3-23-21; 102-813, eff. 5-13-22.)
Section 10. The Personnel Record Review Act is amended by
changing Section 2 as follows:
(820 ILCS 40/2) (from Ch. 48, par. 2002)
Sec. 2. Open Records. Every employer shall, upon an
employee's request which the employer may require be in
writing on a form supplied by the employer, permit the
employee to inspect any personnel documents which are, have
been or are intended to be used in determining that employee's
qualifications for employment, promotion, transfer, additional
compensation, discharge or other disciplinary action, except
as provided in Section 10. The inspection right encompasses
personnel documents in the possession of a person,
corporation, partnership, or other association having a
HB3733 Enrolled LRB103 30030 SPS 56451 b
contractual agreement with the employer to keep or supply a
personnel record. An employee may request all or any part of
his or her records, except as provided in Section 10. The
employer shall grant at least 2 inspection requests by an
employee in a calendar year when requests are made at
reasonable intervals, unless otherwise provided in a
collective bargaining agreement. The employer shall provide
the employee with the inspection opportunity within 7 working
days after the employee makes the request or if the employer
can reasonably show that such deadline cannot be met, the
employer shall have an additional 7 days to comply. The
inspection shall take place at a location reasonably near the
employee's place of employment and during normal working
hours. The employer may allow the inspection to take place at a
time other than working hours or at a place other than where
the records are maintained if that time or place would be more
convenient for the employee. Nothing in this Act shall be
construed as a requirement that an employee be permitted to
remove any part of such personnel records or any part of such
records from the place on the employer's premises where it is
made available for inspection. Each employer shall retain the
right to protect his records from loss, damage, or alteration
to insure the integrity of the records. The If an employee
demonstrates that he or she is unable to review his or her
personnel record at the employing unit, the employer shall,
upon the employee's written request, email or mail a copy of
the requested record to the employee by the email address or
mailing address identified by the employee for the purpose of
receiving the copy of requested record. An employer may charge
a fee for providing a copy of the requested record. The fee
shall be limited to the actual cost of duplicating the
requested record.
(Source: P.A. 83-1362.)
(820 ILCS 40/3 rep.)
Section 15. The Personnel Record Review Act is amended by
repealing Section 3.
Section 20. The Minimum Wage Law is amended by changing
Sections 9 and 12 as follows:
(820 ILCS 105/9) (from Ch. 48, par. 1009)
Sec. 9. Every employer subject to any provision of this
Act or of any regulations issued under this Act shall keep a
summary of this Act approved by the Director, and copies of any
applicable regulations issued under this Act or a summary of
such regulations, posted in a conspicuous and accessible place
in or about the premises wherever any person subject to this
Act is employed. Every employer subject to any provision of
this Act or any regulations issued under this Act with
employees who do not regularly report to a physical workplace,
such as employees who work remotely or travel for work, shall
also provide the summaries and regulations by email to its
employees or conspicuous posting on the employer's website or
intranet site, if such site is regularly used by the employer
to communicate work-related information to employees and is
able to be regularly accessed by all employees, freely and
without interference. Employers shall be furnished copies of
such summaries and regulations by the State on request without
charge.
(Source: P.A. 77-1451.)
(820 ILCS 105/12) (from Ch. 48, par. 1012)
Sec. 12. (a) If any employee is paid by his employer less
than the wage to which he is entitled under the provisions of
this Act, the employee may recover in a civil action treble the
amount of any such underpayments together with costs and such
reasonable attorney's fees as may be allowed by the Court, and
damages of 5% of the amount of any such underpayments for each
month following the date of payment during which such
underpayments remain unpaid. Any agreement between the
employee and the employer to work for less than such wage is no
defense to such action. At the request of the employee or on
motion of the Director of Labor, the Department of Labor may
make an assignment of such wage claim in trust for the
assigning employee and may bring any legal action necessary to
collect such claim, and the employer shall be required to pay
the costs incurred in collecting such claim. Every such action
shall be brought within 3 years from the date of the
underpayment. Such employer shall be liable to the Department
of Labor for a penalty in an amount of up to 20% of the total
employer's underpayment where the employer's conduct is proven
by a preponderance of the evidence to be willful, repeated, or
with reckless disregard of this Act or any rule adopted under
this Act. Such employer shall be liable to the Department for
an additional penalty of $1,500. All administrative penalties
ordered under this Act shall be paid by certified check, money
order, or by an electronic payment system designated by the
Department, and shall be made , payable to or deposited into
the Department's Wage Theft Enforcement Fund. Such employer
shall be additionally liable to the employee for damages in
the amount of 5% of the amount of any such underpayments for
each month following the date of payment during which such
underpayments remain unpaid. These penalties and damages may
be recovered in a civil action brought by the Director of Labor
in any circuit court. In any such action, the Director of Labor
shall be represented by the Attorney General.
If an employee collects damages of 5% of the amount of
underpayments as a result of an action brought by the Director
of Labor, the employee may not also collect those damages in a
private action brought by the employee for the same violation.
If an employee collects damages of 5% of the amount of
underpayments in a private action brought by the employee, the
employee may not also collect those damages as a result of an
action brought by the Director of Labor for the same
violation.
(b) If an employee has not collected damages under
subsection (a) for the same violation, the Director is
authorized to supervise the payment of the unpaid minimum
wages and the unpaid overtime compensation owing to any
employee or employees under Sections 4 and 4a of this Act and
may bring any legal action necessary to recover the amount of
the unpaid minimum wages and unpaid overtime compensation and
an equal additional amount as damages, and the employer shall
be required to pay the costs incurred in collecting such
claim. Such employer shall be additionally liable to the
Department of Labor for up to 20% of the total employer's
underpayment where the employer's conduct is proven by a
preponderance of the evidence to be willful, repeated, or with
reckless disregard of this Act or any rule adopted under this
Act. Such employer shall be liable to the Department of Labor
for an additional penalty of $1,500, payable to the
Department's Wage Theft Enforcement Fund. The action shall be
brought within 5 years from the date of the failure to pay the
wages or compensation. Any sums thus recovered by the Director
on behalf of an employee pursuant to this subsection shall be
paid to the employee or employees affected. Any sums which,
more than one year after being thus recovered, the Director is
unable to pay to an employee shall be deposited into the
General Revenue Fund.
(Source: P.A. 101-1, eff. 2-19-19.)
Section 25. The Equal Pay Act of 2003 is amended by
changing Sections 11, 30, and 40, and by adding Section 33 as
follows:
(820 ILCS 112/11)
Sec. 11. Equal pay registration certificate requirements;
application. For the purposes of this Section 11 only,
"business" means any private employer who has 100 or more
employees in the State of Illinois and is required to file an
Annual Employer Information Report EEO-1 with the Equal
Employment Opportunity Commission, but does not include the
State of Illinois or any political subdivision, municipal
corporation, or other governmental unit or agency.
(a) A business must obtain an equal pay registration
certificate from the Department.
(b) Any business subject to the requirements of this
Section that is authorized to transact business in this State
on March 23, 2021 shall submit an application to obtain an
equal pay registration certificate, between March 24, 2022 and
March 23, 2024, and must recertify every 2 years thereafter.
Any business subject to the requirements of this Section that
is authorized to transact business in this State after March
23, 2021 must submit an application to obtain an equal pay
registration certificate within 3 years of commencing business
operations, but not before January 1, 2024, and must recertify
every 2 years thereafter. The Department shall collect contact
information from each business subject to this Section. The
Department shall assign each business a date by which it must
submit an application to obtain an equal pay registration
certificate. The business shall recertify every 2 years at a
date to be determined by the Department. When a business
receives a notice from the Department to recertify for its
equal pay registration certificate, if the business has fewer
than 100 employees, the business must certify in writing to
the Department that it is exempt from this Section. Any new
business that is subject to this Section and authorized to
conduct business in this State, after the effective date of
this amendatory Act of the 102nd General Assembly, shall
submit its contact information to the Department by January 1
of the following year and shall be assigned a date by which it
must submit an application to obtain an equal pay registration
certificate. The Department's failure to assign a business a
registration date does not exempt the business from compliance
with this Section. The failure of the Department to notify a
business of its recertification deadline may be a mitigating
factor when making a determination of a violation of this
Section.
(c) Application.
(1) A business shall apply for an equal pay
registration certificate by paying a $150 filing fee and
submitting wage records and an equal pay compliance
statement to the Director as follows:
(A) Wage Records. Any business that is required to
file an annual Employer Information Report EEO-1 with
the Equal Employment Opportunity Commission must also
submit to the Director a copy of the business's most
recently filed Employer Information Report EEO-1. The
business shall also compile a list of all employees
during the past calendar year, separated by gender and
the race and ethnicity categories as reported in the
business's most recently filed Employer Information
Report EEO-1, and the county in which the employee
works, the date the employee started working for the
business, any other information the Department deems
necessary to determine if pay equity exists among
employees, and report the total wages as defined by
Section 2 of the Illinois Wage Payment and Collection
Act paid to each employee during the past calendar
year, rounded to the nearest $100, to the Director.
(B) Equal Pay Compliance Statement. The business
must submit a statement signed by a corporate officer,
legal counsel, or authorized agent of the business
certifying:
(i) that the business is in compliance with
this Act and other relevant laws, including but
not limited to: Title VII of the Civil Rights Act
of 1964, the Equal Pay Act of 1963, the Illinois
Human Rights Act, and the Equal Wage Act;
(ii) that the average compensation for its
female and minority employees is not consistently
below the average compensation, as determined by
rule by the United States Department of Labor, for
its male and non-minority employees within each of
the major job categories in the Employer
Information Report EEO-1 for which an employee is
expected to perform work, taking into account
factors such as length of service, requirements of
specific jobs, experience, skill, effort,
responsibility, working conditions of the job,
education or training, job location, use of a
collective bargaining agreement, or other
mitigating factors; as used in this subparagraph,
"minority" has the meaning ascribed to that term
in paragraph (1) of subsection (A) of Section 2 of
the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act; and as used in this
subparagraph, "compensation" means remuneration or
compensation an employee receives in return for
services rendered to an employer, including hourly
wages, overtime wages, commissions, piece rate
work, salary, bonuses, or any other basis of
calculation for services performed;
(iii) that the business does not restrict
employees of one sex to certain job
classifications, and makes retention and promotion
decisions without regard to sex;
(iv) that wage and benefit disparities are
corrected when identified to ensure compliance
with the Acts cited in item (i);
(v) how often wages and benefits are
evaluated; and
(vi) the approach the business takes in
determining what level of wages and benefits to
pay its employees; acceptable approaches include,
but are not limited to, a wage and salary survey.
(C) Filing fee. The business shall pay to the
Department a filing fee of $150. Proceeds from the
fees collected under this Section shall be deposited
into the Equal Pay Registration Fund, a special fund
created in the State treasury. Moneys in the Fund
shall be appropriated to the Department for the
purposes of this Section.
(2) Receipt of the equal pay compliance application
and statement by the Director does not establish
compliance with the Acts set forth in item (i) of
subparagraph (B) of paragraph (1) of this subsection (c).
(3) A business that has employees in multiple
locations or facilities in Illinois shall submit a single
application to the Department regarding all of its
operations in Illinois.
(d) Issuance or rejection of registration certificate.
After January 1, 2022, the Director must issue an equal pay
registration certificate, or a statement of why the
application was rejected, within 45 calendar days of receipt
of the application. Applicants shall have the opportunity to
cure any deficiencies in its application that led to the
rejection, and re-submit the revised application to the
Department within 30 calendar days of receiving a rejection.
Applicants shall have the ability to appeal rejected
applications. An application may be rejected only if it does
not comply with the requirements of subsection (c), or the
business is otherwise found to be in violation of this Act. The
receipt of an application by the Department, or the issuance
of a registration certificate by the Department, shall not
establish compliance with the Equal Pay Act of 2003 as to all
Sections except Section 11. The issuance of a registration
certificate shall not be a defense against any Equal Pay Act
violation found by the Department, nor a basis for mitigation
of damages.
(e) Revocation of registration certificate. An equal pay
registration certificate for a business may be suspended or
revoked by the Director when the business fails to make a good
faith effort to comply with the Acts identified in item (i) of
subparagraph (B) of paragraph (1) of subsection (c), fails to
make a good faith effort to comply with this Section, or has
multiple violations of this Section or the Acts identified in
item (i) of subparagraph (B) of paragraph (1) of subsection
(c). Prior to suspending or revoking a registration
certificate, the Director must first have sought to conciliate
with the business regarding wages and benefits due to
employees.
Consistent with Section 25, prior to or in connection with
the suspension or revocation of an equal pay registration
certificate, the Director, or his or her authorized
representative, may interview workers, administer oaths, take
or cause to be taken the depositions of witnesses, and require
by subpoena the attendance and testimony of witnesses, and the
production of personnel and compensation information relative
to the matter under investigation, hearing or a
department-initiated audit.
Neither the Department nor the Director shall be held
liable for good faith errors in issuing, denying, suspending
or revoking certificates.
(f) Administrative review. A business may obtain an
administrative hearing in accordance with the Illinois
Administrative Procedure Act before the suspension or
revocation of its certificate or imposition of civil penalties
as provided by subsection (i) is effective by filing a written
request for hearing within 20 calendar days after service of
notice by the Director.
(g) Technical assistance. The Director must provide
technical assistance to any business that requests assistance
regarding this Section.
(h) Access to data.
(1) Any individually identifiable information
submitted to the Director within or related to an equal
pay registration application or otherwise provided by an
employer in its equal pay compliance statement under
subsection (c) shall be considered confidential
information and not subject to disclosure pursuant to the
Illinois Freedom of Information Act. As used in this
Section, "individually identifiable information" means
data submitted pursuant to this Section that is associated
with a specific person or business. Aggregate data or
reports that are reasonably calculated to prevent the
association of any data with any individual business or
person are not confidential information. Aggregate data
shall include the job category and the average hourly wage
by county for each gender, race, and ethnicity category on
the registration certificate applications. The Department
of Labor may compile aggregate data from registration
certificate applications.
(2) The Director's decision to issue, not issue,
revoke, or suspend an equal pay registration certificate
is public information.
(3) Notwithstanding this subsection (h), a current
employee of a covered business may request anonymized data
regarding their job classification or title and the pay
for that classification. No individually identifiable
information may be provided to an employee making a
request under this paragraph.
(4) Notwithstanding this subsection (h), the
Department may share data and identifiable information
with the Department of Human Rights, pursuant to its
enforcement of Article 2 of the Illinois Human Rights Act,
or the Office of the Attorney General, pursuant to its
enforcement of Section 10-104 of the Illinois Human Rights
Act.
(5) Any Department employee who willfully and
knowingly divulges, except in accordance with a proper
judicial order or otherwise provided by law, confidential
information received by the Department from any business
pursuant to this Act shall be deemed to have violated the
State Officials and Employees Ethics Act and be subject to
the penalties established under subsections (e) and (f) of
Section 50-5 of that Act after investigation and
opportunity for hearing before the Executive Ethics
Commission in accordance with Section 20-50 of that Act.
(i) Penalty. Falsification or misrepresentation of
information on an application submitted to the Department
shall constitute a violation of this Act and the Department
may seek to suspend or revoke an equal pay registration
certificate or impose civil penalties as provided under
subsection (c) of Section 30.
(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
102-705, eff. 4-22-22.)
(820 ILCS 112/30)
Sec. 30. Violations; fines and penalties.
(a) If an employee is paid by his or her employer less than
the wage to which he or she is entitled in violation of Section
10 or 11 of this Act, the employee may recover in a civil
action the entire amount of any underpayment together with
interest, compensatory damages if the employee demonstrates
that the employer acted with malice or reckless indifference,
punitive damages as may be appropriate, injunctive relief as
may be appropriate, 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 years from the date of the underpayment. For purposes
of this Act, "date of the underpayment" means each time wages
are underpaid.
(a-5) If an employer violates subsection (b), (b-5),
(b-10), or (b-20) of Section 10, the employee may recover in a
civil action any damages incurred, special damages not to
exceed $10,000, injunctive relief as may be appropriate, and
costs and reasonable attorney's fees as may be allowed by the
court and as necessary to make the employee whole. If special
damages are available, an employee may recover compensatory
damages only to the extent such damages exceed the amount of
special damages. Such action shall be brought within 5 years
from the date of the violation.
(b) The Director is authorized to supervise the payment of
the unpaid wages under subsection (a) or damages under
subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
to any employee or employees under this Act and may bring any
legal action necessary to recover the amount of unpaid wages,
damages, and penalties or to seek injunctive relief, 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) Employers who violate any provision of this Act or any
rule adopted under the Act are subject to a civil penalty,
payable to the Department, for each employee affected as
follows:
(1) An employer with fewer than 4 employees: first
offense, a fine not to exceed $500; second offense, a fine
not to exceed $2,500; third or subsequent offense, a fine
not to exceed $5,000.
(2) An employer with between 4 and 99 employees: first
offense, a fine not to exceed $2,500; second offense, a
fine not to exceed $3,000; third or subsequent offense, a
fine not to exceed $5,000.
(3) An employer with 100 or more employees who
violates any Section of this Act except for Section 11
shall be fined up to $10,000 per employee affected. An
employer with 100 or more employees that is a business as
defined under Section 11 and commits a violation of
Section 11 shall be fined up to $10,000.
Before any imposition of a penalty under this subsection,
an employer with 100 or more employees who violates item (b) of
Section 11 and inadvertently fails to file an initial
application or recertification shall be provided 30 calendar
days by the Department to submit the application or
recertification.
An employer or person who violates subsection (b), (b-5),
(b-10), (b-20), or (c) of Section 10 is subject to a civil
penalty not to exceed $5,000 for each violation for each
employee affected, payable to the Department.
(d) In determining the amount of the penalty, the
appropriateness of the penalty to the size of the business of
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. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
(820 ILCS 112/33 new)
Sec. 33. Equal Pay Fund. All moneys owed to the Department
under this Act shall be deposited into the Equal Pay Fund and
may be appropriated to the Department for the administration
and enforcement of this Act.
(820 ILCS 112/40)
Sec. 40. Notification. Every employer covered by this Act
shall post and keep posted, in conspicuous places on the
premises of the employer where notices to employees are
customarily posted, a notice, to be prepared or approved by
the Director, summarizing the requirements of this Act and
information pertaining to the filing of a charge. Every
employer with employees who do not regularly report to a
physical workplace, such as employees who work remotely or
travel for work, shall also provide the summary and notice by
email to its employees or conspicuous posting on the
employer's website or intranet site, if such site is regularly
used by the employer to communicate work-related information
to employees and is able to be regularly accessed by all
employees, freely and without interference. The Director shall
furnish copies of summaries and rules to employers upon
request without charge.
(Source: P.A. 93-6, eff. 1-1-04.)
Section 30. The Illinois Wage Payment and Collection Act
is amended by changing Sections 3 and 11 as follows:
(820 ILCS 115/3) (from Ch. 48, par. 39m-3)
Sec. 3. Every employer shall be required, at least
semi-monthly, to pay every employee all wages earned during
the semi-monthly pay period. Wages of executive,
administrative and professional employees, as defined in the
Federal Fair Labor Standards Act of 1939, may be paid once a
month. Commissions may be paid once a month. At the request of
a person employed by an employment or labor placement agency
which, in the ordinary course of business, makes daily wage
payments to employees, the agency shall hold the daily wages
and make either weekly or semi-monthly payments. Upon the
written request of the employee, the wage shall be paid in a
single check representing the wages earned during the period,
either weekly or semi-monthly, designated by the employee in
accordance with Section 4 of this Act. Employment and labor
placement agencies that make daily wage payments shall provide
written notification to all daily wage payment employees of
the right to request weekly or semi-monthly checks. The
employer may provide this notice by conspicuously posting the
notice at the location where the wages are received by the
daily wage employees. Every employer with employees who do not
regularly report to a physical workplace, such as employees
who work remotely or travel for work, shall also provide the
summary and notice by email to its employees or conspicuous
posting on the employer's website or intranet site, if such
site is regularly used by the employer to communicate
work-related information to employees and is able to be
regularly accessed by all employees, freely and without
interference.
(Source: P.A. 89-364, eff. 8-18-95.)
(820 ILCS 115/11) (from Ch. 48, par. 39m-11)
Sec. 11. It shall be the duty of the Department of Labor to
inquire diligently for any violations of this Act, and to
institute the actions for violations and penalties herein
provided, at the request of the employee or on motion of the
Director of Labor, and to enforce generally the provisions of
this Act.
An employee may file a complaint with the Department
alleging violations of the Act by submitting a signed,
completed wage claim application on the form provided by the
Department and by submitting copies of all supporting
documentation. Complaints shall be filed within one year after
the wages, final compensation, or wage supplements were due.
Wage claim applications Applications shall be reviewed by
the Department to determine whether there is cause and
sufficient resources for investigation.
The Department shall have the following powers:
(a) To investigate and attempt equitably to adjust
controversies between employees and employers in respect
of wage claims arising under this Act and to that end the
Department through the Director of Labor or any other
person in the Department of Labor designated by him or
her, shall have the power to administer oaths, subpoena
and examine witnesses, to issue subpoenas duces tecum
requiring the production of such books, papers, records
and documents as may be evidence of any matter under
inquiry and to examine and inspect the same as may relate
to the question in dispute. Service of such subpoenas
shall be made by any sheriff or any person. Any court in
this State, upon the application of the Department may
compel attendance of witnesses, the production of books
and papers, and the giving of testimony before the
Department by attachment for contempt or in any other way
as the production of evidence may be compelled before such
court.
(b) To take assignments of wage claims in the name of
the Director of Labor and his or her successors in office
and prosecute actions for the collection of wages for
persons financially unable to prosecute such claims when
in the judgment of the Department such claims are valid
and enforceable in the courts. No court costs or any fees
for necessary process and proceedings shall be payable in
advance by the Department for prosecuting such actions. In
the event there is a judgment rendered against the
defendant, the court shall assess as part of such judgment
the costs of such proceeding. Upon collection of such
judgments the Department shall pay from the proceeds of
such judgment such costs to such person who is by law
entitled to same. The Department may join in a single
proceeding any number of wage claims against the same
employer but the court shall have discretionary power to
order a severance or separate trial for hearings.
(c) To make complaint in any court of competent
jurisdiction of violations of this Act.
(d) In addition to the aforementioned powers, subject
to appropriation, the Department may establish an
administrative procedure to adjudicate claims and to issue
final and binding administrative decisions on such claims
subject to the Administrative Review Law. To establish
such a procedure, the Director of Labor or her or his
authorized representative may promulgate rules and
regulations. The adoption, amendment or rescission of
rules and regulations for such a procedure shall be in
conformity with the requirements of the Illinois
Administrative Procedure Act. If a final and binding
administrative decision issued by the Department requires
an employer or other party to pay wages, penalties, or
other amounts in connection with a wage claim, and the
employer or other party has neither: (i) made the required
payment within 35 days of the issuance of the final and
binding administrative decision; nor (ii) timely filed a
complaint seeking review of the final and binding
administrative decision pursuant to the Administrative
Review Law in a court of competent jurisdiction, the
Department may file a verified petition against the
employer or other party to enforce the final
administrative decision and to collect any amounts due in
connection therewith in the circuit court of any county
where an official office of the Department is located.
Nothing herein shall be construed to prevent any employee
from making complaint or prosecuting his or her own claim for
wages. Any employee aggrieved by a violation of this Act or any
rule adopted under this Act may file suit in circuit court of
Illinois, in the county where the alleged violation occurred
or where any employee who is party to the action resides,
without regard to exhaustion of any alternative administrative
remedies provided in this Act. Actions may be brought by one or
more employees for and on behalf of themselves and other
employees similarly situated.
Nothing herein shall be construed to limit the authority
of the State's attorney of any county to prosecute actions for
violation of this Act or to enforce the provisions thereof
independently and without specific direction of the Department
of Labor.
(Source: P.A. 101-509, eff. 1-1-20.)
(820 ILCS 125/Act rep.)
Section 35. The Wages of Women and Minors Act is repealed.
Section 40. The Day and Temporary Labor Services Act is
amended by changing Section 45 as follows:
(820 ILCS 175/45)
Sec. 45. Registration; Department of Labor.
(a) A day and temporary labor service agency which is
located, operates or transacts business within this State
shall register with the Department of Labor in accordance with
rules adopted by the Department for day and temporary labor
service agencies and shall be subject to this Act and any rules
adopted under this Act. Each day and temporary labor service
agency shall provide proof of an employer account number
issued by the Department of Employment Security for the
payment of unemployment insurance contributions as required
under the Unemployment Insurance Act, and proof of valid
workers' compensation insurance in effect at the time of
registration covering all of its employees. If, at any time, a
day and temporary labor service agency's workers' compensation
insurance coverage lapses, the agency shall have an
affirmative duty to report the lapse of such coverage to the
Department and the agency's registration shall be suspended
until the agency's workers' compensation insurance is
reinstated. The Department may assess each day and temporary
labor service agency a non-refundable registration fee not
exceeding $1,000 per year per agency and a non-refundable fee
not to exceed $250 for each branch office or other location
where the agency regularly contracts with day or temporary
laborers for services. The fee may be paid by check, money
order, or the State Treasurer's E-Pay program or any successor
program, and the Department may not refuse to accept a check on
the basis that it is not a certified check or a cashier's
check. The Department may charge an additional fee to be paid
by a day and temporary labor service agency if the agency, or
any person on the agency's behalf, issues or delivers a check
to the Department that is not honored by the financial
institution upon which it is drawn. The Department shall also
adopt rules for violation hearings and penalties for
violations of this Act or the Department's rules in
conjunction with the penalties set forth in this Act.
(a-1) At the time of registration with the Department of
Labor each year, the day and temporary labor service agency
shall submit to the Department of Labor a report containing
the information identified in paragraph (9) of subsection (a)
of Section 12, broken down by branch office, in the aggregate
for all day or temporary laborers assigned within Illinois and
subject to this Act during the preceding year. This
information shall be submitted on a form created by the
Department of Labor. The Department of Labor shall aggregate
the information submitted by all registering day and temporary
labor service agencies by removing identifying data and shall
have the information available to the public only on a
municipal and county basis. As used in this paragraph,
"identifying data" means any and all information that: (i)
provides specific information on individual worker identity;
(ii) identifies the service agency in any manner; and (iii)
identifies clients utilizing the day and temporary labor
service agency or any other information that can be traced
back to any specific registering day and temporary labor
service agency or its client. The information and reports
submitted to the Department of Labor under this subsection by
the registering day and temporary labor service agencies are
exempt from inspection and copying under Section 7.5 of the
Freedom of Information Act.
(b) It is a violation of this Act to operate a day and
temporary labor service agency without first registering with
the Department in accordance with subsection (a) of this
Section. The Department shall create and maintain at regular
intervals on its website, accessible to the public: (1) a list
of all registered day and temporary labor service agencies in
the State whose registration is in good standing; (2) a list of
day and temporary labor service agencies in the State whose
registration has been suspended, including the reason for the
suspension, the date the suspension was initiated, and the
date, if known, the suspension is to be lifted; and (3) a list
of day and temporary labor service agencies in the State whose
registration has been revoked, including the reason for the
revocation and the date the registration was revoked. The
Department has the authority to assess a penalty against any
day and temporary labor service agency that fails to register
with the Department of Labor in accordance with this Act or any
rules adopted under this Act of $500 for each violation. Each
day during which a day and temporary labor service agency
operates without registering with the Department shall be a
separate and distinct violation of this Act.
(c) An applicant is not eligible to register to operate a
day and temporary labor service agency under this Act if the
applicant or any of its officers, directors, partners, or
managers or any owner of 25% or greater beneficial interest:
(1) has been involved, as owner, officer, director,
partner, or manager, of any day and temporary labor
service agency whose registration has been revoked or has
been suspended without being reinstated within the 5 years
immediately preceding the filing of the application; or
(2) is under the age of 18.
(d) Every agency shall post and keep posted at each
location, in a position easily accessible to all day or
temporary laborers employees, notices as supplied and required
by the Department containing a copy or summary of the
provisions of the Act and a notice which informs the public of
a toll-free telephone number for day or temporary laborers and
the public to file wage dispute complaints and other alleged
violations by day and temporary labor service agencies. Every
day and temporary labor service agency employing day or
temporary laborers who communicate with the day and temporary
labor service agency by electronic communication shall also
provide all required notices by email to its day or temporary
laborers or on a website, regularly used by the employer to
communicate work-related information, that all day or
temporary laborers are able to regularly access, freely and
without interference. Such notices shall be in English and or
any other language generally understood in the locale of the
day and temporary labor service agency.
(Source: P.A. 100-517, eff. 6-1-18.)
Section 45. The Child Labor Law is amended by changing
Sections 5, 17, and 17.3 as follows:
(820 ILCS 205/5) (from Ch. 48, par. 31.5)
Sec. 5. Every employer covered by this Act shall post in a
conspicuous place where minors under 16 years of age are
employed, or allowed to work, a printed summary abstract of
this Act and a list of the occupations prohibited to such
minors, to be furnished by the Department of Labor. Such
employers shall post in a conspicuous place where minors under
16 years of age are employed, or allowed to work a printed
notice stating the hours of commencing and stopping work, the
hours when the time or times allowed for dinner or other meals,
begin and end, and the Department's toll free telephone number
established under Section 17.4. An employer with employees who
do not regularly report to a physical workplace, such as
employees who work remotely or travel for work, shall also
provide the summary and notice by email to its employees or
conspicuous posting on the employer's website or intranet
site, if such site is regularly used by the employer to
communicate work-related information to employees and is able
to be regularly accessed by all employees, freely and without
interference. The Department of Labor shall furnish this
printed summary form of such notice shall be furnished by the
Department of Labor.
(Source: P.A. 88-365.)
(820 ILCS 205/17) (from Ch. 48, par. 31.17)
Sec. 17. It shall be the duty of the Department of Labor to
enforce the provisions of this Act. The Department of Labor
shall have the power to conduct investigations in connection
with the administration and enforcement of this Act and the
authorized officers and employees of the Department of Labor
are hereby authorized and empowered, to visit and inspect, at
all reasonable times and as often as possible, all places
covered by this Act. Truant officers and other school
officials authorized by the board of education or school
directors shall report violations under this Act to the
Department of Labor, and may enter any place in which children
are, or are believed to be employed and inspect the work
certificates on file. Such truant officers or other school
officials also are authorized to file complaints against any
employer found violating the provisions of this Act in case no
complaints for such violations are pending; and when such
complaints are filed by truant officers or other school
officials the State's attorneys of this state shall appear for
the people, and attend to the prosecution of such complaints.
The Department of Labor shall conduct hearings in accordance
with "The Illinois Administrative Procedure Act", approved
September 22, 1975, as amended, upon written complaint by an
investigator of the Department of Labor, truant officer or
other school official, or any interested person of a violation
of the Act or to revoke any certificate under this Act. After
such hearing, if supported by the evidence, the Department of
Labor may issue and cause to be served on any party an order to
cease and desist from violation of the Act, take such further
affirmative or other action as deemed reasonable to eliminate
the effect of the violation, and may revoke any certificate
issued under the Act and determine the amount of any civil
penalty allowed by the Act. The Department may serve such
orders by certified mail or by sending a copy by email to an
email address previously designated by the party for purposes
of receiving notice under this Act. An email address provided
by the party in the course of the administrative proceeding
shall not be used in any subsequent proceedings, unless the
party designates that email address for the subsequent
proceeding. The Director of Labor or his authorized
representative may compel by subpoena, the attendance and
testimony of witnesses and the production of books, payrolls,
records, papers and other evidence in any investigation or
hearing and may administer oaths to witnesses.
(Source: P.A. 80-1482.)
(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
Sec. 17.3. Any employer who violates any of the provisions
of this Act or any rule or regulation issued under the Act
shall be subject to a civil penalty of not to exceed $5,000 for
each such violation. In determining the amount of such
penalty, the appropriateness of such penalty to the size of
the business of the employer charged and the gravity of the
violation shall be considered. The amount of such penalty,
when finally determined, may be
(1) recovered in a civil action brought by the
Director of Labor in any circuit court, in which
litigation the Director of Labor shall be represented by
the Attorney General;
(2) ordered by the court, in an action brought for
violation under Section 19, to be paid to the Director of
Labor.
Any administrative determination by the Department of
Labor of the amount of each penalty shall be final unless
reviewed as provided in Section 17.1 of this Act.
Civil penalties recovered under this Section shall be paid
by certified check, money order, or by an electronic payment
system designated by the Department, and deposited into the
Child Labor and Day and Temporary Labor Services Enforcement
Fund, a special fund which is hereby created in the State
treasury. Moneys in the Fund may be used, subject to
appropriation, for exemplary programs, demonstration projects,
and other activities or purposes related to the enforcement of
this Act or for the activities or purposes related to the
enforcement of the Day and Temporary Labor Services Act, or
for the activities or purposes related to the enforcement of
the Private Employment Agency Act.
(Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16.)