Illinois 2023-2024 Regular Session

Illinois House Bill HB3733 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0201
2	1		HB3733 EnrolledLRB103 30030 SPS 56451 b HB3733 Enrolled LRB103 30030 SPS 56451 b
3	2		HB3733 Enrolled LRB103 30030 SPS 56451 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 State Finance Act is amended by changing
8		-	Section 5.942 as follows:
9		-	(30 ILCS 105/5.942)
10		-	Sec. 5.942. The Equal Pay Registration Fund.
11		-	(Source: P.A. 101-656, eff. 3-23-21; 102-813, eff. 5-13-22.)
12		-	Section 10. The Personnel Record Review Act is amended by
13		-	changing Section 2 as follows:
14		-	(820 ILCS 40/2) (from Ch. 48, par. 2002)
15		-	Sec. 2. Open Records. Every employer shall, upon an
16		-	employee's request which the employer may require be in
17		-	writing on a form supplied by the employer, permit the
18		-	employee to inspect any personnel documents which are, have
19		-	been or are intended to be used in determining that employee's
20		-	qualifications for employment, promotion, transfer, additional
21		-	compensation, discharge or other disciplinary action, except
22		-	as provided in Section 10. The inspection right encompasses
23		-	personnel documents in the possession of a person,
24		-	corporation, partnership, or other association having a
	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 State Finance Act is amended by changing
	7	+	5 Section 5.942 as follows:
	8	+	6 (30 ILCS 105/5.942)
	9	+	7 Sec. 5.942. The Equal Pay Registration Fund.
	10	+	8 (Source: P.A. 101-656, eff. 3-23-21; 102-813, eff. 5-13-22.)
	11	+	9 Section 10. The Personnel Record Review Act is amended by
	12	+	10 changing Section 2 as follows:
	13	+	11 (820 ILCS 40/2) (from Ch. 48, par. 2002)
	14	+	12 Sec. 2. Open Records. Every employer shall, upon an
	15	+	13 employee's request which the employer may require be in
	16	+	14 writing on a form supplied by the employer, permit the
	17	+	15 employee to inspect any personnel documents which are, have
	18	+	16 been or are intended to be used in determining that employee's
	19	+	17 qualifications for employment, promotion, transfer, additional
	20	+	18 compensation, discharge or other disciplinary action, except
	21	+	19 as provided in Section 10. The inspection right encompasses
	22	+	20 personnel documents in the possession of a person,
	23	+	21 corporation, partnership, or other association having a
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31		-	contractual agreement with the employer to keep or supply a
32		-	personnel record. An employee may request all or any part of
33		-	his or her records, except as provided in Section 10. The
34		-	employer shall grant at least 2 inspection requests by an
35		-	employee in a calendar year when requests are made at
36		-	reasonable intervals, unless otherwise provided in a
37		-	collective bargaining agreement. The employer shall provide
38		-	the employee with the inspection opportunity within 7 working
39		-	days after the employee makes the request or if the employer
40		-	can reasonably show that such deadline cannot be met, the
41		-	employer shall have an additional 7 days to comply. The
42		-	inspection shall take place at a location reasonably near the
43		-	employee's place of employment and during normal working
44		-	hours. The employer may allow the inspection to take place at a
45		-	time other than working hours or at a place other than where
46		-	the records are maintained if that time or place would be more
47		-	convenient for the employee. Nothing in this Act shall be
48		-	construed as a requirement that an employee be permitted to
49		-	remove any part of such personnel records or any part of such
50		-	records from the place on the employer's premises where it is
51		-	made available for inspection. Each employer shall retain the
52		-	right to protect his records from loss, damage, or alteration
53		-	to insure the integrity of the records. The If an employee
54		-	demonstrates that he or she is unable to review his or her
55		-	personnel record at the employing unit, the employer shall,
56		-	upon the employee's written request, email or mail a copy of
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	32	+	1 contractual agreement with the employer to keep or supply a
	33	+	2 personnel record. An employee may request all or any part of
	34	+	3 his or her records, except as provided in Section 10. The
	35	+	4 employer shall grant at least 2 inspection requests by an
	36	+	5 employee in a calendar year when requests are made at
	37	+	6 reasonable intervals, unless otherwise provided in a
	38	+	7 collective bargaining agreement. The employer shall provide
	39	+	8 the employee with the inspection opportunity within 7 working
	40	+	9 days after the employee makes the request or if the employer
	41	+	10 can reasonably show that such deadline cannot be met, the
	42	+	11 employer shall have an additional 7 days to comply. The
	43	+	12 inspection shall take place at a location reasonably near the
	44	+	13 employee's place of employment and during normal working
	45	+	14 hours. The employer may allow the inspection to take place at a
	46	+	15 time other than working hours or at a place other than where
	47	+	16 the records are maintained if that time or place would be more
	48	+	17 convenient for the employee. Nothing in this Act shall be
	49	+	18 construed as a requirement that an employee be permitted to
	50	+	19 remove any part of such personnel records or any part of such
	51	+	20 records from the place on the employer's premises where it is
	52	+	21 made available for inspection. Each employer shall retain the
	53	+	22 right to protect his records from loss, damage, or alteration
	54	+	23 to insure the integrity of the records. The If an employee
	55	+	24 demonstrates that he or she is unable to review his or her
	56	+	25 personnel record at the employing unit, the employer shall,
	57	+	26 upon the employee's written request, email or mail a copy of
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59		-	the requested record to the employee by the email address or
60		-	mailing address identified by the employee for the purpose of
61		-	receiving the copy of requested record. An employer may charge
62		-	a fee for providing a copy of the requested record. The fee
63		-	shall be limited to the actual cost of duplicating the
64		-	requested record.
65		-	(Source: P.A. 83-1362.)
66		-	(820 ILCS 40/3 rep.)
67		-	Section 15. The Personnel Record Review Act is amended by
68		-	repealing Section 3.
69		-	Section 20. The Minimum Wage Law is amended by changing
70		-	Sections 9 and 12 as follows:
71		-	(820 ILCS 105/9) (from Ch. 48, par. 1009)
72		-	Sec. 9. Every employer subject to any provision of this
73		-	Act or of any regulations issued under this Act shall keep a
74		-	summary of this Act approved by the Director, and copies of any
75		-	applicable regulations issued under this Act or a summary of
76		-	such regulations, posted in a conspicuous and accessible place
77		-	in or about the premises wherever any person subject to this
78		-	Act is employed. Every employer subject to any provision of
79		-	this Act or any regulations issued under this Act with
80		-	employees who do not regularly report to a physical workplace,
81		-	such as employees who work remotely or travel for work, shall
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84		-	also provide the summaries and regulations by email to its
85		-	employees or conspicuous posting on the employer's website or
86		-	intranet site, if such site is regularly used by the employer
87		-	to communicate work-related information to employees and is
88		-	able to be regularly accessed by all employees, freely and
89		-	without interference. Employers shall be furnished copies of
90		-	such summaries and regulations by the State on request without
91		-	charge.
92		-	(Source: P.A. 77-1451.)
93		-	(820 ILCS 105/12) (from Ch. 48, par. 1012)
94		-	Sec. 12. (a) If any employee is paid by his employer less
95		-	than the wage to which he is entitled under the provisions of
96		-	this Act, the employee may recover in a civil action treble the
97		-	amount of any such underpayments together with costs and such
98		-	reasonable attorney's fees as may be allowed by the Court, and
99		-	damages of 5% of the amount of any such underpayments for each
100		-	month following the date of payment during which such
101		-	underpayments remain unpaid. Any agreement between the
102		-	employee and the employer to work for less than such wage is no
103		-	defense to such action. At the request of the employee or on
104		-	motion of the Director of Labor, the Department of Labor may
105		-	make an assignment of such wage claim in trust for the
106		-	assigning employee and may bring any legal action necessary to
107		-	collect such claim, and the employer shall be required to pay
108		-	the costs incurred in collecting such claim. Every such action
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111		-	shall be brought within 3 years from the date of the
112		-	underpayment. Such employer shall be liable to the Department
113		-	of Labor for a penalty in an amount of up to 20% of the total
114		-	employer's underpayment where the employer's conduct is proven
115		-	by a preponderance of the evidence to be willful, repeated, or
116		-	with reckless disregard of this Act or any rule adopted under
117		-	this Act. Such employer shall be liable to the Department for
118		-	an additional penalty of $1,500. All administrative penalties
119		-	ordered under this Act shall be paid by certified check, money
120		-	order, or by an electronic payment system designated by the
121		-	Department, and shall be made , payable to or deposited into
122		-	the Department's Wage Theft Enforcement Fund. Such employer
123		-	shall be additionally liable to the employee for damages in
124		-	the amount of 5% of the amount of any such underpayments for
125		-	each month following the date of payment during which such
126		-	underpayments remain unpaid. These penalties and damages may
127		-	be recovered in a civil action brought by the Director of Labor
128		-	in any circuit court. In any such action, the Director of Labor
129		-	shall be represented by the Attorney General.
130		-	If an employee collects damages of 5% of the amount of
131		-	underpayments as a result of an action brought by the Director
132		-	of Labor, the employee may not also collect those damages in a
133		-	private action brought by the employee for the same violation.
134		-	If an employee collects damages of 5% of the amount of
135		-	underpayments in a private action brought by the employee, the
136		-	employee may not also collect those damages as a result of an
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	68	+	1 the requested record to the employee by the email address or
	69	+	2 mailing address identified by the employee for the purpose of
	70	+	3 receiving the copy of requested record. An employer may charge
	71	+	4 a fee for providing a copy of the requested record. The fee
	72	+	5 shall be limited to the actual cost of duplicating the
	73	+	6 requested record.
	74	+	7 (Source: P.A. 83-1362.)
	75	+	8 (820 ILCS 40/3 rep.)
	76	+	9 Section 15. The Personnel Record Review Act is amended by
	77	+	10 repealing Section 3.
	78	+	11 Section 20. The Minimum Wage Law is amended by changing
	79	+	12 Sections 9 and 12 as follows:
	80	+	13 (820 ILCS 105/9) (from Ch. 48, par. 1009)
	81	+	14 Sec. 9. Every employer subject to any provision of this
	82	+	15 Act or of any regulations issued under this Act shall keep a
	83	+	16 summary of this Act approved by the Director, and copies of any
	84	+	17 applicable regulations issued under this Act or a summary of
	85	+	18 such regulations, posted in a conspicuous and accessible place
	86	+	19 in or about the premises wherever any person subject to this
	87	+	20 Act is employed. Every employer subject to any provision of
	88	+	21 this Act or any regulations issued under this Act with
	89	+	22 employees who do not regularly report to a physical workplace,
	90	+	23 such as employees who work remotely or travel for work, shall
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139		-	action brought by the Director of Labor for the same
140		-	violation.
141		-	(b) If an employee has not collected damages under
142		-	subsection (a) for the same violation, the Director is
143		-	authorized to supervise the payment of the unpaid minimum
144		-	wages and the unpaid overtime compensation owing to any
145		-	employee or employees under Sections 4 and 4a of this Act and
146		-	may bring any legal action necessary to recover the amount of
147		-	the unpaid minimum wages and unpaid overtime compensation and
148		-	an equal additional amount as damages, and the employer shall
149		-	be required to pay the costs incurred in collecting such
150		-	claim. Such employer shall be additionally liable to the
151		-	Department of Labor for up to 20% of the total employer's
152		-	underpayment where the employer's conduct is proven by a
153		-	preponderance of the evidence to be willful, repeated, or with
154		-	reckless disregard of this Act or any rule adopted under this
155		-	Act. Such employer shall be liable to the Department of Labor
156		-	for an additional penalty of $1,500, payable to the
157		-	Department's Wage Theft Enforcement Fund. The action shall be
158		-	brought within 5 years from the date of the failure to pay the
159		-	wages or compensation. Any sums thus recovered by the Director
160		-	on behalf of an employee pursuant to this subsection shall be
161		-	paid to the employee or employees affected. Any sums which,
162		-	more than one year after being thus recovered, the Director is
163		-	unable to pay to an employee shall be deposited into the
164		-	General Revenue Fund.
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167		-	(Source: P.A. 101-1, eff. 2-19-19.)
168		-	Section 25. The Equal Pay Act of 2003 is amended by
169		-	changing Sections 11, 30, and 40, and by adding Section 33 as
170		-	follows:
171		-	(820 ILCS 112/11)
172		-	Sec. 11. Equal pay registration certificate requirements;
173		-	application. For the purposes of this Section 11 only,
174		-	"business" means any private employer who has 100 or more
175		-	employees in the State of Illinois and is required to file an
176		-	Annual Employer Information Report EEO-1 with the Equal
177		-	Employment Opportunity Commission, but does not include the
178		-	State of Illinois or any political subdivision, municipal
179		-	corporation, or other governmental unit or agency.
180		-	(a) A business must obtain an equal pay registration
181		-	certificate from the Department.
182		-	(b) Any business subject to the requirements of this
183		-	Section that is authorized to transact business in this State
184		-	on March 23, 2021 shall submit an application to obtain an
185		-	equal pay registration certificate, between March 24, 2022 and
186		-	March 23, 2024, and must recertify every 2 years thereafter.
187		-	Any business subject to the requirements of this Section that
188		-	is authorized to transact business in this State after March
189		-	23, 2021 must submit an application to obtain an equal pay
190		-	registration certificate within 3 years of commencing business
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193		-	operations, but not before January 1, 2024, and must recertify
194		-	every 2 years thereafter. The Department shall collect contact
195		-	information from each business subject to this Section. The
196		-	Department shall assign each business a date by which it must
197		-	submit an application to obtain an equal pay registration
198		-	certificate. The business shall recertify every 2 years at a
199		-	date to be determined by the Department. When a business
200		-	receives a notice from the Department to recertify for its
201		-	equal pay registration certificate, if the business has fewer
202		-	than 100 employees, the business must certify in writing to
203		-	the Department that it is exempt from this Section. Any new
204		-	business that is subject to this Section and authorized to
205		-	conduct business in this State, after the effective date of
206		-	this amendatory Act of the 102nd General Assembly, shall
207		-	submit its contact information to the Department by January 1
208		-	of the following year and shall be assigned a date by which it
209		-	must submit an application to obtain an equal pay registration
210		-	certificate. The Department's failure to assign a business a
211		-	registration date does not exempt the business from compliance
212		-	with this Section. The failure of the Department to notify a
213		-	business of its recertification deadline may be a mitigating
214		-	factor when making a determination of a violation of this
215		-	Section.
216		-	(c) Application.
217		-	(1) A business shall apply for an equal pay
218		-	registration certificate by paying a $150 filing fee and
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	101	+	1 also provide the summaries and regulations by email to its
	102	+	2 employees or conspicuous posting on the employer's website or
	103	+	3 intranet site, if such site is regularly used by the employer
	104	+	4 to communicate work-related information to employees and is
	105	+	5 able to be regularly accessed by all employees, freely and
	106	+	6 without interference. Employers shall be furnished copies of
	107	+	7 such summaries and regulations by the State on request without
	108	+	8 charge.
	109	+	9 (Source: P.A. 77-1451.)
	110	+	10 (820 ILCS 105/12) (from Ch. 48, par. 1012)
	111	+	11 Sec. 12. (a) If any employee is paid by his employer less
	112	+	12 than the wage to which he is entitled under the provisions of
	113	+	13 this Act, the employee may recover in a civil action treble the
	114	+	14 amount of any such underpayments together with costs and such
	115	+	15 reasonable attorney's fees as may be allowed by the Court, and
	116	+	16 damages of 5% of the amount of any such underpayments for each
	117	+	17 month following the date of payment during which such
	118	+	18 underpayments remain unpaid. Any agreement between the
	119	+	19 employee and the employer to work for less than such wage is no
	120	+	20 defense to such action. At the request of the employee or on
	121	+	21 motion of the Director of Labor, the Department of Labor may
	122	+	22 make an assignment of such wage claim in trust for the
	123	+	23 assigning employee and may bring any legal action necessary to
	124	+	24 collect such claim, and the employer shall be required to pay
	125	+	25 the costs incurred in collecting such claim. Every such action
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221		-	submitting wage records and an equal pay compliance
222		-	statement to the Director as follows:
223		-	(A) Wage Records. Any business that is required to
224		-	file an annual Employer Information Report EEO-1 with
225		-	the Equal Employment Opportunity Commission must also
226		-	submit to the Director a copy of the business's most
227		-	recently filed Employer Information Report EEO-1. The
228		-	business shall also compile a list of all employees
229		-	during the past calendar year, separated by gender and
230		-	the race and ethnicity categories as reported in the
231		-	business's most recently filed Employer Information
232		-	Report EEO-1, and the county in which the employee
233		-	works, the date the employee started working for the
234		-	business, any other information the Department deems
235		-	necessary to determine if pay equity exists among
236		-	employees, and report the total wages as defined by
237		-	Section 2 of the Illinois Wage Payment and Collection
238		-	Act paid to each employee during the past calendar
239		-	year, rounded to the nearest $100, to the Director.
240		-	(B) Equal Pay Compliance Statement. The business
241		-	must submit a statement signed by a corporate officer,
242		-	legal counsel, or authorized agent of the business
243		-	certifying:
244		-	(i) that the business is in compliance with
245		-	this Act and other relevant laws, including but
246		-	not limited to: Title VII of the Civil Rights Act
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249		-	of 1964, the Equal Pay Act of 1963, the Illinois
250		-	Human Rights Act, and the Equal Wage Act;
251		-	(ii) that the average compensation for its
252		-	female and minority employees is not consistently
253		-	below the average compensation, as determined by
254		-	rule by the United States Department of Labor, for
255		-	its male and non-minority employees within each of
256		-	the major job categories in the Employer
257		-	Information Report EEO-1 for which an employee is
258		-	expected to perform work, taking into account
259		-	factors such as length of service, requirements of
260		-	specific jobs, experience, skill, effort,
261		-	responsibility, working conditions of the job,
262		-	education or training, job location, use of a
263		-	collective bargaining agreement, or other
264		-	mitigating factors; as used in this subparagraph,
265		-	"minority" has the meaning ascribed to that term
266		-	in paragraph (1) of subsection (A) of Section 2 of
267		-	the Business Enterprise for Minorities, Women, and
268		-	Persons with Disabilities Act; and as used in this
269		-	subparagraph, "compensation" means remuneration or
270		-	compensation an employee receives in return for
271		-	services rendered to an employer, including hourly
272		-	wages, overtime wages, commissions, piece rate
273		-	work, salary, bonuses, or any other basis of
274		-	calculation for services performed;
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277		-	(iii) that the business does not restrict
278		-	employees of one sex to certain job
279		-	classifications, and makes retention and promotion
280		-	decisions without regard to sex;
281		-	(iv) that wage and benefit disparities are
282		-	corrected when identified to ensure compliance
283		-	with the Acts cited in item (i);
284		-	(v) how often wages and benefits are
285		-	evaluated; and
286		-	(vi) the approach the business takes in
287		-	determining what level of wages and benefits to
288		-	pay its employees; acceptable approaches include,
289		-	but are not limited to, a wage and salary survey.
290		-	(C) Filing fee. The business shall pay to the
291		-	Department a filing fee of $150. Proceeds from the
292		-	fees collected under this Section shall be deposited
293		-	into the Equal Pay Registration Fund, a special fund
294		-	created in the State treasury. Moneys in the Fund
295		-	shall be appropriated to the Department for the
296		-	purposes of this Section.
297		-	(2) Receipt of the equal pay compliance application
298		-	and statement by the Director does not establish
299		-	compliance with the Acts set forth in item (i) of
300		-	subparagraph (B) of paragraph (1) of this subsection (c).
301		-	(3) A business that has employees in multiple
302		-	locations or facilities in Illinois shall submit a single
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	136	+	1 shall be brought within 3 years from the date of the
	137	+	2 underpayment. Such employer shall be liable to the Department
	138	+	3 of Labor for a penalty in an amount of up to 20% of the total
	139	+	4 employer's underpayment where the employer's conduct is proven
	140	+	5 by a preponderance of the evidence to be willful, repeated, or
	141	+	6 with reckless disregard of this Act or any rule adopted under
	142	+	7 this Act. Such employer shall be liable to the Department for
	143	+	8 an additional penalty of $1,500. All administrative penalties
	144	+	9 ordered under this Act shall be paid by certified check, money
	145	+	10 order, or by an electronic payment system designated by the
	146	+	11 Department, and shall be made , payable to or deposited into
	147	+	12 the Department's Wage Theft Enforcement Fund. Such employer
	148	+	13 shall be additionally liable to the employee for damages in
	149	+	14 the amount of 5% of the amount of any such underpayments for
	150	+	15 each month following the date of payment during which such
	151	+	16 underpayments remain unpaid. These penalties and damages may
	152	+	17 be recovered in a civil action brought by the Director of Labor
	153	+	18 in any circuit court. In any such action, the Director of Labor
	154	+	19 shall be represented by the Attorney General.
	155	+	20 If an employee collects damages of 5% of the amount of
	156	+	21 underpayments as a result of an action brought by the Director
	157	+	22 of Labor, the employee may not also collect those damages in a
	158	+	23 private action brought by the employee for the same violation.
	159	+	24 If an employee collects damages of 5% of the amount of
	160	+	25 underpayments in a private action brought by the employee, the
	161	+	26 employee may not also collect those damages as a result of an
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305		-	application to the Department regarding all of its
306		-	operations in Illinois.
307		-	(d) Issuance or rejection of registration certificate.
308		-	After January 1, 2022, the Director must issue an equal pay
309		-	registration certificate, or a statement of why the
310		-	application was rejected, within 45 calendar days of receipt
311		-	of the application. Applicants shall have the opportunity to
312		-	cure any deficiencies in its application that led to the
313		-	rejection, and re-submit the revised application to the
314		-	Department within 30 calendar days of receiving a rejection.
315		-	Applicants shall have the ability to appeal rejected
316		-	applications. An application may be rejected only if it does
317		-	not comply with the requirements of subsection (c), or the
318		-	business is otherwise found to be in violation of this Act. The
319		-	receipt of an application by the Department, or the issuance
320		-	of a registration certificate by the Department, shall not
321		-	establish compliance with the Equal Pay Act of 2003 as to all
322		-	Sections except Section 11. The issuance of a registration
323		-	certificate shall not be a defense against any Equal Pay Act
324		-	violation found by the Department, nor a basis for mitigation
325		-	of damages.
326		-	(e) Revocation of registration certificate. An equal pay
327		-	registration certificate for a business may be suspended or
328		-	revoked by the Director when the business fails to make a good
329		-	faith effort to comply with the Acts identified in item (i) of
330		-	subparagraph (B) of paragraph (1) of subsection (c), fails to
331	164
332	165
333		-	make a good faith effort to comply with this Section, or has
334		-	multiple violations of this Section or the Acts identified in
335		-	item (i) of subparagraph (B) of paragraph (1) of subsection
336		-	(c). Prior to suspending or revoking a registration
337		-	certificate, the Director must first have sought to conciliate
338		-	with the business regarding wages and benefits due to
339		-	employees.
340		-	Consistent with Section 25, prior to or in connection with
341		-	the suspension or revocation of an equal pay registration
342		-	certificate, the Director, or his or her authorized
343		-	representative, may interview workers, administer oaths, take
344		-	or cause to be taken the depositions of witnesses, and require
345		-	by subpoena the attendance and testimony of witnesses, and the
346		-	production of personnel and compensation information relative
347		-	to the matter under investigation, hearing or a
348		-	department-initiated audit.
349		-	Neither the Department nor the Director shall be held
350		-	liable for good faith errors in issuing, denying, suspending
351		-	or revoking certificates.
352		-	(f) Administrative review. A business may obtain an
353		-	administrative hearing in accordance with the Illinois
354		-	Administrative Procedure Act before the suspension or
355		-	revocation of its certificate or imposition of civil penalties
356		-	as provided by subsection (i) is effective by filing a written
357		-	request for hearing within 20 calendar days after service of
358		-	notice by the Director.
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359	168
360	169
361		-	(g) Technical assistance. The Director must provide
362		-	technical assistance to any business that requests assistance
363		-	regarding this Section.
364		-	(h) Access to data.
365		-	(1) Any individually identifiable information
366		-	submitted to the Director within or related to an equal
367		-	pay registration application or otherwise provided by an
368		-	employer in its equal pay compliance statement under
369		-	subsection (c) shall be considered confidential
370		-	information and not subject to disclosure pursuant to the
371		-	Illinois Freedom of Information Act. As used in this
372		-	Section, "individually identifiable information" means
373		-	data submitted pursuant to this Section that is associated
374		-	with a specific person or business. Aggregate data or
375		-	reports that are reasonably calculated to prevent the
376		-	association of any data with any individual business or
377		-	person are not confidential information. Aggregate data
378		-	shall include the job category and the average hourly wage
379		-	by county for each gender, race, and ethnicity category on
380		-	the registration certificate applications. The Department
381		-	of Labor may compile aggregate data from registration
382		-	certificate applications.
383		-	(2) The Director's decision to issue, not issue,
384		-	revoke, or suspend an equal pay registration certificate
385		-	is public information.
386		-	(3) Notwithstanding this subsection (h), a current
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	172	+	1 action brought by the Director of Labor for the same
	173	+	2 violation.
	174	+	3 (b) If an employee has not collected damages under
	175	+	4 subsection (a) for the same violation, the Director is
	176	+	5 authorized to supervise the payment of the unpaid minimum
	177	+	6 wages and the unpaid overtime compensation owing to any
	178	+	7 employee or employees under Sections 4 and 4a of this Act and
	179	+	8 may bring any legal action necessary to recover the amount of
	180	+	9 the unpaid minimum wages and unpaid overtime compensation and
	181	+	10 an equal additional amount as damages, and the employer shall
	182	+	11 be required to pay the costs incurred in collecting such
	183	+	12 claim. Such employer shall be additionally liable to the
	184	+	13 Department of Labor for up to 20% of the total employer's
	185	+	14 underpayment where the employer's conduct is proven by a
	186	+	15 preponderance of the evidence to be willful, repeated, or with
	187	+	16 reckless disregard of this Act or any rule adopted under this
	188	+	17 Act. Such employer shall be liable to the Department of Labor
	189	+	18 for an additional penalty of $1,500, payable to the
	190	+	19 Department's Wage Theft Enforcement Fund. The action shall be
	191	+	20 brought within 5 years from the date of the failure to pay the
	192	+	21 wages or compensation. Any sums thus recovered by the Director
	193	+	22 on behalf of an employee pursuant to this subsection shall be
	194	+	23 paid to the employee or employees affected. Any sums which,
	195	+	24 more than one year after being thus recovered, the Director is
	196	+	25 unable to pay to an employee shall be deposited into the
	197	+	26 General Revenue Fund.
387	198
388	199
389		-	employee of a covered business may request anonymized data
390		-	regarding their job classification or title and the pay
391		-	for that classification. No individually identifiable
392		-	information may be provided to an employee making a
393		-	request under this paragraph.
394		-	(4) Notwithstanding this subsection (h), the
395		-	Department may share data and identifiable information
396		-	with the Department of Human Rights, pursuant to its
397		-	enforcement of Article 2 of the Illinois Human Rights Act,
398		-	or the Office of the Attorney General, pursuant to its
399		-	enforcement of Section 10-104 of the Illinois Human Rights
400		-	Act.
401		-	(5) Any Department employee who willfully and
402		-	knowingly divulges, except in accordance with a proper
403		-	judicial order or otherwise provided by law, confidential
404		-	information received by the Department from any business
405		-	pursuant to this Act shall be deemed to have violated the
406		-	State Officials and Employees Ethics Act and be subject to
407		-	the penalties established under subsections (e) and (f) of
408		-	Section 50-5 of that Act after investigation and
409		-	opportunity for hearing before the Executive Ethics
410		-	Commission in accordance with Section 20-50 of that Act.
411		-	(i) Penalty. Falsification or misrepresentation of
412		-	information on an application submitted to the Department
413		-	shall constitute a violation of this Act and the Department
414		-	may seek to suspend or revoke an equal pay registration
415	200
416	201
417		-	certificate or impose civil penalties as provided under
418		-	subsection (c) of Section 30.
419		-	(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
420		-	102-705, eff. 4-22-22.)
421		-	(820 ILCS 112/30)
422		-	Sec. 30. Violations; fines and penalties.
423		-	(a) If an employee is paid by his or her employer less than
424		-	the wage to which he or she is entitled in violation of Section
425		-	10 or 11 of this Act, the employee may recover in a civil
426		-	action the entire amount of any underpayment together with
427		-	interest, compensatory damages if the employee demonstrates
428		-	that the employer acted with malice or reckless indifference,
429		-	punitive damages as may be appropriate, injunctive relief as
430		-	may be appropriate, and the costs and reasonable attorney's
431		-	fees as may be allowed by the court and as necessary to make
432		-	the employee whole. At the request of the employee or on a
433		-	motion of the Director, the Department may make an assignment
434		-	of the wage claim in trust for the assigning employee and may
435		-	bring any legal action necessary to collect the claim, and the
436		-	employer shall be required to pay the costs incurred in
437		-	collecting the claim. Every such action shall be brought
438		-	within 5 years from the date of the underpayment. For purposes
439		-	of this Act, "date of the underpayment" means each time wages
440		-	are underpaid.
441		-	(a-5) If an employer violates subsection (b), (b-5),
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443	205
444		-	(b~~-10), or (~~b~~-20) of Section 10, the employee may recover in a~~
445		-	~~civil action any damages incurred,~~ ~~special damages not to~~
446		-	~~exceed $10,000~~, ~~injunctive relief as may be appropriate, and~~
447		-	~~costs and reasonable attorney's fees as may be allowed~~ by ~~the~~
448		-	~~court~~ and as ~~necessary to make the employee whole. If special~~
449		-	~~damages are available, an employee may recover compensatory~~
450		-	~~damages only to the extent such damages exceed the amount of~~
451		-	~~special damages~~. ~~Such action shall be brought within 5 years~~
452		-	~~from~~ the ~~date~~ of ~~the violation.~~
453		-	~~(b) The Director is authorized to supervise the payment of~~
454		-	the ~~unpaid wages under subsection (a) or damages under~~
455		-	~~subsection (b), (b-5), (b-10), or (b-20) of Section~~ 10 ~~owing~~
456		-	~~to any employee or employees under this Act and may bring any~~
457		-	~~legal action necessary to recover the amount~~ of ~~unpaid wages~~,
458		-	~~damages~~, ~~and penalties~~ or ~~to seek injunctive relief,~~ ~~and the~~
459		-	~~employer shall be required to~~ pay ~~the costs. Any sums~~
460		-	~~recovered by~~ the ~~Director on behalf of an employee under this~~
461		-	~~Section shall be paid~~ to the ~~employee or employees affected.~~
462		-	~~(c) Employers who violate any provision of~~ this ~~Act or any~~
463		-	~~rule adopted under the Act are subject~~ to ~~a civil penalty,~~
464		-	~~payable to the Department~~, ~~for each employee affected as~~
465		-	~~follows:~~
466		-	~~(1) An employer with fewer than 4 employees:~~ ~~first~~
467		-	~~offense, a fine not~~ to ~~exceed $500; second offense,~~ ~~a fine~~
468		-	~~not~~ to ~~exceed $2,500; third or subsequent offense, a fine~~
469		-	~~not to exceed $5,000.~~
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	208	+	1 (Source: P.A. 101-1, eff. 2-19-19.)
	209	+	2 Section 25. The Equal Pay Act of 2003 is amended by
	210	+	3 changing Sections 11, 30, and 40, and by adding Section 33 as
	211	+	4 follows:
	212	+	5 (820 ILCS 112/11)
	213	+	6 Sec. 11. Equal pay registration certificate requirements;
	214	+	7 application. For the purposes of this Section 11 only,
	215	+	8 "business" means any private employer who has 100 or more
	216	+	9 employees in the State of Illinois and is required to file an
	217	+	10 Annual Employer Information Report EEO-1 with the Equal
	218	+	11 Employment Opportunity Commission, but does not include the
	219	+	12 State of Illinois or any political subdivision, municipal
	220	+	13 corporation, or other governmental unit or agency.
	221	+	14 (a) A business must obtain an equal pay registration
	222	+	15 certificate from the Department.
	223	+	16 (b) Any business subject to the requirements of this
	224	+	17 Section that is authorized to transact business in this State
	225	+	18 on March 23, 2021 shall submit an application to obtain an
	226	+	19 equal pay registration certificate, between March 24, 2022 and
	227	+	20 March 23, 2024, and must recertify every 2 years thereafter.
	228	+	21 Any business subject to the requirements of this Section that
	229	+	22 is authorized to transact business in this State after March
	230	+	23 23, 2021 must submit an application to obtain an equal pay
	231	+	24 registration certificate within 3 years of commencing business
470	232
471	233
472		-	(2) An employer with between 4 and 99 employees: first
473		-	offense, a fine not to exceed $2,500; second offense, a
474		-	fine not to exceed $3,000; third or subsequent offense, a
475		-	fine not to exceed $5,000.
476		-	(3) An employer with 100 or more employees who
477		-	violates any Section of this Act except for Section 11
478		-	shall be fined up to $10,000 per employee affected. An
479		-	employer with 100 or more employees that is a business as
480		-	defined under Section 11 and commits a violation of
481		-	Section 11 shall be fined up to $10,000.
482		-	Before any imposition of a penalty under this subsection,
483		-	an employer with 100 or more employees who violates item (b) of
484		-	Section 11 and inadvertently fails to file an initial
485		-	application or recertification shall be provided 30 calendar
486		-	days by the Department to submit the application or
487		-	recertification.
488		-	An employer or person who violates subsection (b), (b-5),
489		-	(b-10), (b-20), or (c) of Section 10 is subject to a civil
490		-	penalty not to exceed $5,000 for each violation for each
491		-	employee affected, payable to the Department.
492		-	(d) In determining the amount of the penalty, the
493		-	appropriateness of the penalty to the size of the business of
494		-	the employer charged and the gravity of the violation shall be
495		-	considered. The penalty may be recovered in a civil action
496		-	brought by the Director in any circuit court.
497		-	(Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
498	234
499	235
500		-	(820 ILCS 112/33 new)
501		-	Sec. 33. Equal Pay Fund. All moneys owed to the Department
502		-	under this Act shall be deposited into the Equal Pay Fund and
503		-	may be appropriated to the Department for the administration
504		-	and enforcement of this Act.
505		-	(820 ILCS 112/40)
506		-	Sec. 40. Notification. Every employer covered by this Act
507		-	shall post and keep posted, in conspicuous places on the
508		-	premises of the employer where notices to employees are
509		-	customarily posted, a notice, to be prepared or approved by
510		-	the Director, summarizing the requirements of this Act and
511		-	information pertaining to the filing of a charge. Every
512		-	employer with employees who do not regularly report to a
513		-	physical workplace, such as employees who work remotely or
514		-	travel for work, shall also provide the summary and notice by
515		-	email to its employees or conspicuous posting on the
516		-	employer's website or intranet site, if such site is regularly
517		-	used by the employer to communicate work-related information
518		-	to employees and is able to be regularly accessed by all
519		-	employees, freely and without interference. The Director shall
520		-	furnish copies of summaries and rules to employers upon
521		-	request without charge.
522		-	(Source: P.A. 93-6, eff. 1-1-04.)
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523	238
524	239
525		-	Section 30. The Illinois Wage Payment and Collection Act
526		-	is amended by changing Sections 3 and 11 as follows:
527		-	(820 ILCS 115/3) (from Ch. 48, par. 39m-3)
528		-	Sec. 3. Every employer shall be required, at least
529		-	semi-monthly, to pay every employee all wages earned during
530		-	the semi-monthly pay period. Wages of executive,
531		-	administrative and professional employees, as defined in the
532		-	Federal Fair Labor Standards Act of 1939, may be paid once a
533		-	month. Commissions may be paid once a month. At the request of
534		-	a person employed by an employment or labor placement agency
535		-	which, in the ordinary course of business, makes daily wage
536		-	payments to employees, the agency shall hold the daily wages
537		-	and make either weekly or semi-monthly payments. Upon the
538		-	written request of the employee, the wage shall be paid in a
539		-	single check representing the wages earned during the period,
540		-	either weekly or semi-monthly, designated by the employee in
541		-	accordance with Section 4 of this Act. Employment and labor
542		-	placement agencies that make daily wage payments shall provide
543		-	written notification to all daily wage payment employees of
544		-	the right to request weekly or semi-monthly checks. The
545		-	employer may provide this notice by conspicuously posting the
546		-	notice at the location where the wages are received by the
547		-	daily wage employees. Every employer with employees who do not
548		-	regularly report to a physical workplace, such as employees
549		-	who work remotely or travel for work, shall also provide the
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	242	+	1 operations, but not before January 1, 2024, and must recertify
	243	+	2 every 2 years thereafter. The Department shall collect contact
	244	+	3 information from each business subject to this Section. The
	245	+	4 Department shall assign each business a date by which it must
	246	+	5 submit an application to obtain an equal pay registration
	247	+	6 certificate. The business shall recertify every 2 years at a
	248	+	7 date to be determined by the Department. When a business
	249	+	8 receives a notice from the Department to recertify for its
	250	+	9 equal pay registration certificate, if the business has fewer
	251	+	10 than 100 employees, the business must certify in writing to
	252	+	11 the Department that it is exempt from this Section. Any new
	253	+	12 business that is subject to this Section and authorized to
	254	+	13 conduct business in this State, after the effective date of
	255	+	14 this amendatory Act of the 102nd General Assembly, shall
	256	+	15 submit its contact information to the Department by January 1
	257	+	16 of the following year and shall be assigned a date by which it
	258	+	17 must submit an application to obtain an equal pay registration
	259	+	18 certificate. The Department's failure to assign a business a
	260	+	19 registration date does not exempt the business from compliance
	261	+	20 with this Section. The failure of the Department to notify a
	262	+	21 business of its recertification deadline may be a mitigating
	263	+	22 factor when making a determination of a violation of this
	264	+	23 Section.
	265	+	24 (c) Application.
	266	+	25 (1) A business shall apply for an equal pay
	267	+	26 registration certificate by paying a $150 filing fee and
550	268
551	269
552		-	summary and notice by email to its employees or conspicuous
553		-	posting on the employer's website or intranet site, if such
554		-	site is regularly used by the employer to communicate
555		-	work-related information to employees and is able to be
556		-	regularly accessed by all employees, freely and without
557		-	interference.
558		-	(Source: P.A. 89-364, eff. 8-18-95.)
559		-	(820 ILCS 115/11) (from Ch. 48, par. 39m-11)
560		-	Sec. 11. It shall be the duty of the Department of Labor to
561		-	inquire diligently for any violations of this Act, and to
562		-	institute the actions for violations and penalties herein
563		-	provided, at the request of the employee or on motion of the
564		-	Director of Labor, and to enforce generally the provisions of
565		-	this Act.
566		-	An employee may file a complaint with the Department
567		-	alleging violations of the Act by submitting a signed,
568		-	completed wage claim application on the form provided by the
569		-	Department and by submitting copies of all supporting
570		-	documentation. Complaints shall be filed within one year after
571		-	the wages, final compensation, or wage supplements were due.
572		-	Wage claim applications Applications shall be reviewed by
573		-	the Department to determine whether there is cause and
574		-	sufficient resources for investigation.
575		-	The Department shall have the following powers:
576		-	(a) To investigate and attempt equitably to adjust
577	270
578	271
579		-	controversies between employees and employers in respect
580		-	of wage claims arising under this Act and to that end the
581		-	Department through the Director of Labor or any other
582		-	person in the Department of Labor designated by him or
583		-	her, shall have the power to administer oaths, subpoena
584		-	and examine witnesses, to issue subpoenas duces tecum
585		-	requiring the production of such books, papers, records
586		-	and documents as may be evidence of any matter under
587		-	inquiry and to examine and inspect the same as may relate
588		-	to the question in dispute. Service of such subpoenas
589		-	shall be made by any sheriff or any person. Any court in
590		-	this State, upon the application of the Department may
591		-	compel attendance of witnesses, the production of books
592		-	and papers, and the giving of testimony before the
593		-	Department by attachment for contempt or in any other way
594		-	as the production of evidence may be compelled before such
595		-	court.
596		-	(b) To take assignments of wage claims in the name of
597		-	the Director of Labor and his or her successors in office
598		-	and prosecute actions for the collection of wages for
599		-	persons financially unable to prosecute such claims when
600		-	in the judgment of the Department such claims are valid
601		-	and enforceable in the courts. No court costs or any fees
602		-	for necessary process and proceedings shall be payable in
603		-	advance by the Department for prosecuting such actions. In
604		-	the event there is a judgment rendered against the
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606	275
607		-	defendant, the court shall assess as part of such judgment
608		-	the costs of such proceeding. Upon collection of such
609		-	judgments the Department shall pay from the proceeds of
610		-	such judgment such costs to such person who is by law
611		-	entitled to same. The Department may join in a single
612		-	proceeding any number of wage claims against the same
613		-	employer but the court shall have discretionary power to
614		-	order a severance or separate trial for hearings.
615		-	(c) To make complaint in any court of competent
616		-	jurisdiction of violations of this Act.
617		-	(d) In addition to the aforementioned powers, subject
618		-	to appropriation, the Department may establish an
619		-	administrative procedure to adjudicate claims and to issue
620		-	final and binding administrative decisions on such claims
621		-	subject to the Administrative Review Law. To establish
622		-	such a procedure, the Director of Labor or her or his
623		-	authorized representative may promulgate rules and
624		-	regulations. The adoption, amendment or rescission of
625		-	rules and regulations for such a procedure shall be in
626		-	conformity with the requirements of the Illinois
627		-	Administrative Procedure Act. If a final and binding
628		-	administrative decision issued by the Department requires
629		-	an employer or other party to pay wages, penalties, or
630		-	other amounts in connection with a wage claim, and the
631		-	employer or other party has neither: (i) made the required
632		-	payment within 35 days of the issuance of the final and
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	278	+	1 submitting wage records and an equal pay compliance
	279	+	2 statement to the Director as follows:
	280	+	3 (A) Wage Records. Any business that is required to
	281	+	4 file an annual Employer Information Report EEO-1 with
	282	+	5 the Equal Employment Opportunity Commission must also
	283	+	6 submit to the Director a copy of the business's most
	284	+	7 recently filed Employer Information Report EEO-1. The
	285	+	8 business shall also compile a list of all employees
	286	+	9 during the past calendar year, separated by gender and
	287	+	10 the race and ethnicity categories as reported in the
	288	+	11 business's most recently filed Employer Information
	289	+	12 Report EEO-1, and the county in which the employee
	290	+	13 works, the date the employee started working for the
	291	+	14 business, any other information the Department deems
	292	+	15 necessary to determine if pay equity exists among
	293	+	16 employees, and report the total wages as defined by
	294	+	17 Section 2 of the Illinois Wage Payment and Collection
	295	+	18 Act paid to each employee during the past calendar
	296	+	19 year, rounded to the nearest $100, to the Director.
	297	+	20 (B) Equal Pay Compliance Statement. The business
	298	+	21 must submit a statement signed by a corporate officer,
	299	+	22 legal counsel, or authorized agent of the business
	300	+	23 certifying:
	301	+	24 (i) that the business is in compliance with
	302	+	25 this Act and other relevant laws, including but
	303	+	26 not limited to: Title VII of the Civil Rights Act
633	304
634	305
635		-	binding administrative decision; nor (ii) timely filed a
636		-	complaint seeking review of the final and binding
637		-	administrative decision pursuant to the Administrative
638		-	Review Law in a court of competent jurisdiction, the
639		-	Department may file a verified petition against the
640		-	employer or other party to enforce the final
641		-	administrative decision and to collect any amounts due in
642		-	connection therewith in the circuit court of any county
643		-	where an official office of the Department is located.
644		-	Nothing herein shall be construed to prevent any employee
645		-	from making complaint or prosecuting his or her own claim for
646		-	wages. Any employee aggrieved by a violation of this Act or any
647		-	rule adopted under this Act may file suit in circuit court of
648		-	Illinois, in the county where the alleged violation occurred
649		-	or where any employee who is party to the action resides,
650		-	without regard to exhaustion of any alternative administrative
651		-	remedies provided in this Act. Actions may be brought by one or
652		-	more employees for and on behalf of themselves and other
653		-	employees similarly situated.
654		-	Nothing herein shall be construed to limit the authority
655		-	of the State's attorney of any county to prosecute actions for
656		-	violation of this Act or to enforce the provisions thereof
657		-	independently and without specific direction of the Department
658		-	of Labor.
659		-	(Source: P.A. 101-509, eff. 1-1-20.)
660	306
661	307
662		-	(820 ILCS 125/Act rep.)
663		-	Section 35. The Wages of Women and Minors Act is repealed.
664		-	Section 40. The Day and Temporary Labor Services Act is
665		-	amended by changing Section 45 as follows:
666		-	(820 ILCS 175/45)
667		-	Sec. 45. Registration; Department of Labor.
668		-	(a) A day and temporary labor service agency which is
669		-	located, operates or transacts business within this State
670		-	shall register with the Department of Labor in accordance with
671		-	rules adopted by the Department for day and temporary labor
672		-	service agencies and shall be subject to this Act and any rules
673		-	adopted under this Act. Each day and temporary labor service
674		-	agency shall provide proof of an employer account number
675		-	issued by the Department of Employment Security for the
676		-	payment of unemployment insurance contributions as required
677		-	under the Unemployment Insurance Act, and proof of valid
678		-	workers' compensation insurance in effect at the time of
679		-	registration covering all of its employees. If, at any time, a
680		-	day and temporary labor service agency's workers' compensation
681		-	insurance coverage lapses, the agency shall have an
682		-	affirmative duty to report the lapse of such coverage to the
683		-	Department and the agency's registration shall be suspended
684		-	until the agency's workers' compensation insurance is
685		-	reinstated. The Department may assess each day and temporary
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686	310
687	311
688		-	labor service agency a non-refundable registration fee not
689		-	exceeding $1,000 per year per agency and a non-refundable fee
690		-	not to exceed $250 for each branch office or other location
691		-	where the agency regularly contracts with day or temporary
692		-	laborers for services. The fee may be paid by check, money
693		-	order, or the State Treasurer's E-Pay program or any successor
694		-	program, and the Department may not refuse to accept a check on
695		-	the basis that it is not a certified check or a cashier's
696		-	check. The Department may charge an additional fee to be paid
697		-	by a day and temporary labor service agency if the agency, or
698		-	any person on the agency's behalf, issues or delivers a check
699		-	to the Department that is not honored by the financial
700		-	institution upon which it is drawn. The Department shall also
701		-	adopt rules for violation hearings and penalties for
702		-	violations of this Act or the Department's rules in
703		-	conjunction with the penalties set forth in this Act.
704		-	(a-1) At the time of registration with the Department of
705		-	Labor each year, the day and temporary labor service agency
706		-	shall submit to the Department of Labor a report containing
707		-	the information identified in paragraph (9) of subsection (a)
708		-	of Section 12, broken down by branch office, in the aggregate
709		-	for all day or temporary laborers assigned within Illinois and
710		-	subject to this Act during the preceding year. This
711		-	information shall be submitted on a form created by the
712		-	Department of Labor. The Department of Labor shall aggregate
713		-	the information submitted by all registering day and temporary
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	314	+	1 of 1964, the Equal Pay Act of 1963, the Illinois
	315	+	2 Human Rights Act, and the Equal Wage Act;
	316	+	3 (ii) that the average compensation for its
	317	+	4 female and minority employees is not consistently
	318	+	5 below the average compensation, as determined by
	319	+	6 rule by the United States Department of Labor, for
	320	+	7 its male and non-minority employees within each of
	321	+	8 the major job categories in the Employer
	322	+	9 Information Report EEO-1 for which an employee is
	323	+	10 expected to perform work, taking into account
	324	+	11 factors such as length of service, requirements of
	325	+	12 specific jobs, experience, skill, effort,
	326	+	13 responsibility, working conditions of the job,
	327	+	14 education or training, job location, use of a
	328	+	15 collective bargaining agreement, or other
	329	+	16 mitigating factors; as used in this subparagraph,
	330	+	17 "minority" has the meaning ascribed to that term
	331	+	18 in paragraph (1) of subsection (A) of Section 2 of
	332	+	19 the Business Enterprise for Minorities, Women, and
	333	+	20 Persons with Disabilities Act; and as used in this
	334	+	21 subparagraph, "compensation" means remuneration or
	335	+	22 compensation an employee receives in return for
	336	+	23 services rendered to an employer, including hourly
	337	+	24 wages, overtime wages, commissions, piece rate
	338	+	25 work, salary, bonuses, or any other basis of
	339	+	26 calculation for services performed;
714	340
715	341
716		-	labor service agencies by removing identifying data and shall
717		-	have the information available to the public only on a
718		-	municipal and county basis. As used in this paragraph,
719		-	"identifying data" means any and all information that: (i)
720		-	provides specific information on individual worker identity;
721		-	(ii) identifies the service agency in any manner; and (iii)
722		-	identifies clients utilizing the day and temporary labor
723		-	service agency or any other information that can be traced
724		-	back to any specific registering day and temporary labor
725		-	service agency or its client. The information and reports
726		-	submitted to the Department of Labor under this subsection by
727		-	the registering day and temporary labor service agencies are
728		-	exempt from inspection and copying under Section 7.5 of the
729		-	Freedom of Information Act.
730		-	(b) It is a violation of this Act to operate a day and
731		-	temporary labor service agency without first registering with
732		-	the Department in accordance with subsection (a) of this
733		-	Section. The Department shall create and maintain at regular
734		-	intervals on its website, accessible to the public: (1) a list
735		-	of all registered day and temporary labor service agencies in
736		-	the State whose registration is in good standing; (2) a list of
737		-	day and temporary labor service agencies in the State whose
738		-	registration has been suspended, including the reason for the
739		-	suspension, the date the suspension was initiated, and the
740		-	date, if known, the suspension is to be lifted; and (3) a list
741		-	of day and temporary labor service agencies in the State whose
742	342
743	343
744		-	registration has been revoked, including the reason for the
745		-	revocation and the date the registration was revoked. The
746		-	Department has the authority to assess a penalty against any
747		-	day and temporary labor service agency that fails to register
748		-	with the Department of Labor in accordance with this Act or any
749		-	rules adopted under this Act of $500 for each violation. Each
750		-	day during which a day and temporary labor service agency
751		-	operates without registering with the Department shall be a
752		-	separate and distinct violation of this Act.
753		-	(c) An applicant is not eligible to register to operate a
754		-	day and temporary labor service agency under this Act if the
755		-	applicant or any of its officers, directors, partners, or
756		-	managers or any owner of 25% or greater beneficial interest:
757		-	(1) has been involved, as owner, officer, director,
758		-	partner, or manager, of any day and temporary labor
759		-	service agency whose registration has been revoked or has
760		-	been suspended without being reinstated within the 5 years
761		-	immediately preceding the filing of the application; or
762		-	(2) is under the age of 18.
763		-	(d) Every agency shall post and keep posted at each
764		-	location, in a position easily accessible to all day or
765		-	temporary laborers employees, notices as supplied and required
766		-	by the Department containing a copy or summary of the
767		-	provisions of the Act and a notice which informs the public of
768		-	a toll-free telephone number for day or temporary laborers and
769		-	the public to file wage dispute complaints and other alleged
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771	347
772		-	violations by day and temporary labor service agencies. Every
773		-	day and temporary labor service agency employing day or
774		-	temporary laborers who communicate with the day and temporary
775		-	labor service agency by electronic communication shall also
776		-	provide all required notices by email to its day or temporary
777		-	laborers or on a website, regularly used by the employer to
778		-	communicate work-related information, that all day or
779		-	temporary laborers are able to regularly access, freely and
780		-	without interference. Such notices shall be in English and or
781		-	any other language generally understood in the locale of the
782		-	day and temporary labor service agency.
783		-	(Source: P.A. 100-517, eff. 6-1-18.)
784		-	Section 45. The Child Labor Law is amended by changing
785		-	Sections 5, 17, and 17.3 as follows:
786		-	(820 ILCS 205/5) (from Ch. 48, par. 31.5)
787		-	Sec. 5. Every employer covered by this Act shall post in a
788		-	conspicuous place where minors under 16 years of age are
789		-	employed, or allowed to work, a printed summary abstract of
790		-	this Act and a list of the occupations prohibited to such
791		-	minors, to be furnished by the Department of Labor. Such
792		-	employers shall post in a conspicuous place where minors under
793		-	16 years of age are employed, or allowed to work a printed
794		-	notice stating the hours of commencing and stopping work, the
795		-	hours when the time or times allowed for dinner or other meals,
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	350	+	1 (iii) that the business does not restrict
	351	+	2 employees of one sex to certain job
	352	+	3 classifications, and makes retention and promotion
	353	+	4 decisions without regard to sex;
	354	+	5 (iv) that wage and benefit disparities are
	355	+	6 corrected when identified to ensure compliance
	356	+	7 with the Acts cited in item (i);
	357	+	8 (v) how often wages and benefits are
	358	+	9 evaluated; and
	359	+	10 (vi) the approach the business takes in
	360	+	11 determining what level of wages and benefits to
	361	+	12 pay its employees; acceptable approaches include,
	362	+	13 but are not limited to, a wage and salary survey.
	363	+	14 (C) Filing fee. The business shall pay to the
	364	+	15 Department a filing fee of $150. Proceeds from the
	365	+	16 fees collected under this Section shall be deposited
	366	+	17 into the Equal Pay Registration Fund, a special fund
	367	+	18 created in the State treasury. Moneys in the Fund
	368	+	19 shall be appropriated to the Department for the
	369	+	20 purposes of this Section.
	370	+	21 (2) Receipt of the equal pay compliance application
	371	+	22 and statement by the Director does not establish
	372	+	23 compliance with the Acts set forth in item (i) of
	373	+	24 subparagraph (B) of paragraph (1) of this subsection (c).
	374	+	25 (3) A business that has employees in multiple
	375	+	26 locations or facilities in Illinois shall submit a single
796	376
797	377
798		-	begin and end, and the Department's toll free telephone number
799		-	established under Section 17.4. An employer with employees who
800		-	do not regularly report to a physical workplace, such as
801		-	employees who work remotely or travel for work, shall also
802		-	provide the summary and notice by email to its employees or
803		-	conspicuous posting on the employer's website or intranet
804		-	site, if such site is regularly used by the employer to
805		-	communicate work-related information to employees and is able
806		-	to be regularly accessed by all employees, freely and without
807		-	interference. The Department of Labor shall furnish this
808		-	printed summary form of such notice shall be furnished by the
809		-	Department of Labor.
810		-	(Source: P.A. 88-365.)
811		-	(820 ILCS 205/17) (from Ch. 48, par. 31.17)
812		-	Sec. 17. It shall be the duty of the Department of Labor to
813		-	enforce the provisions of this Act. The Department of Labor
814		-	shall have the power to conduct investigations in connection
815		-	with the administration and enforcement of this Act and the
816		-	authorized officers and employees of the Department of Labor
817		-	are hereby authorized and empowered, to visit and inspect, at
818		-	all reasonable times and as often as possible, all places
819		-	covered by this Act. Truant officers and other school
820		-	officials authorized by the board of education or school
821		-	directors shall report violations under this Act to the
822		-	Department of Labor, and may enter any place in which children
823	378
824	379
825		-	are, or are believed to be employed and inspect the work
826		-	certificates on file. Such truant officers or other school
827		-	officials also are authorized to file complaints against any
828		-	employer found violating the provisions of this Act in case no
829		-	complaints for such violations are pending; and when such
830		-	complaints are filed by truant officers or other school
831		-	officials the State's attorneys of this state shall appear for
832		-	the people, and attend to the prosecution of such complaints.
833		-	The Department of Labor shall conduct hearings in accordance
834		-	with "The Illinois Administrative Procedure Act", approved
835		-	September 22, 1975, as amended, upon written complaint by an
836		-	investigator of the Department of Labor, truant officer or
837		-	other school official, or any interested person of a violation
838		-	of the Act or to revoke any certificate under this Act. After
839		-	such hearing, if supported by the evidence, the Department of
840		-	Labor may issue and cause to be served on any party an order to
841		-	cease and desist from violation of the Act, take such further
842		-	affirmative or other action as deemed reasonable to eliminate
843		-	the effect of the violation, and may revoke any certificate
844		-	issued under the Act and determine the amount of any civil
845		-	penalty allowed by the Act. The Department may serve such
846		-	orders by certified mail or by sending a copy by email to an
847		-	email address previously designated by the party for purposes
848		-	of receiving notice under this Act. An email address provided
849		-	by the party in the course of the administrative proceeding
850		-	shall not be used in any subsequent proceedings, unless the
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851	382
852	383
853		-	party designates that email address for the subsequent
854		-	proceeding. The Director of Labor or his authorized
855		-	representative may compel by subpoena, the attendance and
856		-	testimony of witnesses and the production of books, payrolls,
857		-	records, papers and other evidence in any investigation or
858		-	hearing and may administer oaths to witnesses.
859		-	(Source: P.A. 80-1482.)
860		-	(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
861		-	Sec. 17.3. Any employer who violates any of the provisions
862		-	of this Act or any rule or regulation issued under the Act
863		-	shall be subject to a civil penalty of not to exceed $5,000 for
864		-	each such violation. In determining the amount of such
865		-	penalty, the appropriateness of such penalty to the size of
866		-	the business of the employer charged and the gravity of the
867		-	violation shall be considered. The amount of such penalty,
868		-	when finally determined, may be
869		-	(1) recovered in a civil action brought by the
870		-	Director of Labor in any circuit court, in which
871		-	litigation the Director of Labor shall be represented by
872		-	the Attorney General;
873		-	(2) ordered by the court, in an action brought for
874		-	violation under Section 19, to be paid to the Director of
875		-	Labor.
876		-	Any administrative determination by the Department of
877		-	Labor of the amount of each penalty shall be final unless
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	386	+	1 application to the Department regarding all of its
	387	+	2 operations in Illinois.
	388	+	3 (d) Issuance or rejection of registration certificate.
	389	+	4 After January 1, 2022, the Director must issue an equal pay
	390	+	5 registration certificate, or a statement of why the
	391	+	6 application was rejected, within 45 calendar days of receipt
	392	+	7 of the application. Applicants shall have the opportunity to
	393	+	8 cure any deficiencies in its application that led to the
	394	+	9 rejection, and re-submit the revised application to the
	395	+	10 Department within 30 calendar days of receiving a rejection.
	396	+	11 Applicants shall have the ability to appeal rejected
	397	+	12 applications. An application may be rejected only if it does
	398	+	13 not comply with the requirements of subsection (c), or the
	399	+	14 business is otherwise found to be in violation of this Act. The
	400	+	15 receipt of an application by the Department, or the issuance
	401	+	16 of a registration certificate by the Department, shall not
	402	+	17 establish compliance with the Equal Pay Act of 2003 as to all
	403	+	18 Sections except Section 11. The issuance of a registration
	404	+	19 certificate shall not be a defense against any Equal Pay Act
	405	+	20 violation found by the Department, nor a basis for mitigation
	406	+	21 of damages.
	407	+	22 (e) Revocation of registration certificate. An equal pay
	408	+	23 registration certificate for a business may be suspended or
	409	+	24 revoked by the Director when the business fails to make a good
	410	+	25 faith effort to comply with the Acts identified in item (i) of
	411	+	26 subparagraph (B) of paragraph (1) of subsection (c), fails to
878	412
879	413
880		-	reviewed as provided in Section 17.1 of this Act.
881		-	Civil penalties recovered under this Section shall be paid
882		-	by certified check, money order, or by an electronic payment
883		-	system designated by the Department, and deposited into the
884		-	Child Labor and Day and Temporary Labor Services Enforcement
885		-	Fund, a special fund which is hereby created in the State
886		-	treasury. Moneys in the Fund may be used, subject to
887		-	appropriation, for exemplary programs, demonstration projects,
888		-	and other activities or purposes related to the enforcement of
889		-	this Act or for the activities or purposes related to the
890		-	enforcement of the Day and Temporary Labor Services Act, or
891		-	for the activities or purposes related to the enforcement of
892		-	the Private Employment Agency Act.
893		-	(Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16.)
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	422	+	1 make a good faith effort to comply with this Section, or has
	423	+	2 multiple violations of this Section or the Acts identified in
	424	+	3 item (i) of subparagraph (B) of paragraph (1) of subsection
	425	+	4 (c). Prior to suspending or revoking a registration
	426	+	5 certificate, the Director must first have sought to conciliate
	427	+	6 with the business regarding wages and benefits due to
	428	+	7 employees.
	429	+	8 Consistent with Section 25, prior to or in connection with
	430	+	9 the suspension or revocation of an equal pay registration
	431	+	10 certificate, the Director, or his or her authorized
	432	+	11 representative, may interview workers, administer oaths, take
	433	+	12 or cause to be taken the depositions of witnesses, and require
	434	+	13 by subpoena the attendance and testimony of witnesses, and the
	435	+	14 production of personnel and compensation information relative
	436	+	15 to the matter under investigation, hearing or a
	437	+	16 department-initiated audit.
	438	+	17 Neither the Department nor the Director shall be held
	439	+	18 liable for good faith errors in issuing, denying, suspending
	440	+	19 or revoking certificates.
	441	+	20 (f) Administrative review. A business may obtain an
	442	+	21 administrative hearing in accordance with the Illinois
	443	+	22 Administrative Procedure Act before the suspension or
	444	+	23 revocation of its certificate or imposition of civil penalties
	445	+	24 as provided by subsection (i) is effective by filing a written
	446	+	25 request for hearing within 20 calendar days after service of
	447	+	26 notice by the Director.
	448	+
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	458	+	1 (g) Technical assistance. The Director must provide
	459	+	2 technical assistance to any business that requests assistance
	460	+	3 regarding this Section.
	461	+	4 (h) Access to data.
	462	+	5 (1) Any individually identifiable information
	463	+	6 submitted to the Director within or related to an equal
	464	+	7 pay registration application or otherwise provided by an
	465	+	8 employer in its equal pay compliance statement under
	466	+	9 subsection (c) shall be considered confidential
	467	+	10 information and not subject to disclosure pursuant to the
	468	+	11 Illinois Freedom of Information Act. As used in this
	469	+	12 Section, "individually identifiable information" means
	470	+	13 data submitted pursuant to this Section that is associated
	471	+	14 with a specific person or business. Aggregate data or
	472	+	15 reports that are reasonably calculated to prevent the
	473	+	16 association of any data with any individual business or
	474	+	17 person are not confidential information. Aggregate data
	475	+	18 shall include the job category and the average hourly wage
	476	+	19 by county for each gender, race, and ethnicity category on
	477	+	20 the registration certificate applications. The Department
	478	+	21 of Labor may compile aggregate data from registration
	479	+	22 certificate applications.
	480	+	23 (2) The Director's decision to issue, not issue,
	481	+	24 revoke, or suspend an equal pay registration certificate
	482	+	25 is public information.
	483	+	26 (3) Notwithstanding this subsection (h), a current
	484	+
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	494	+	1 employee of a covered business may request anonymized data
	495	+	2 regarding their job classification or title and the pay
	496	+	3 for that classification. No individually identifiable
	497	+	4 information may be provided to an employee making a
	498	+	5 request under this paragraph.
	499	+	6 (4) Notwithstanding this subsection (h), the
	500	+	7 Department may share data and identifiable information
	501	+	8 with the Department of Human Rights, pursuant to its
	502	+	9 enforcement of Article 2 of the Illinois Human Rights Act,
	503	+	10 or the Office of the Attorney General, pursuant to its
	504	+	11 enforcement of Section 10-104 of the Illinois Human Rights
	505	+	12 Act.
	506	+	13 (5) Any Department employee who willfully and
	507	+	14 knowingly divulges, except in accordance with a proper
	508	+	15 judicial order or otherwise provided by law, confidential
	509	+	16 information received by the Department from any business
	510	+	17 pursuant to this Act shall be deemed to have violated the
	511	+	18 State Officials and Employees Ethics Act and be subject to
	512	+	19 the penalties established under subsections (e) and (f) of
	513	+	20 Section 50-5 of that Act after investigation and
	514	+	21 opportunity for hearing before the Executive Ethics
	515	+	22 Commission in accordance with Section 20-50 of that Act.
	516	+	23 (i) Penalty. Falsification or misrepresentation of
	517	+	24 information on an application submitted to the Department
	518	+	25 shall constitute a violation of this Act and the Department
	519	+	26 may seek to suspend or revoke an equal pay registration
	520	+
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	522	+
	523	+
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	530	+	1 certificate or impose civil penalties as provided under
	531	+	2 subsection (c) of Section 30.
	532	+	3 (Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
	533	+	4 102-705, eff. 4-22-22.)
	534	+	5 (820 ILCS 112/30)
	535	+	6 Sec. 30. Violations; fines and penalties.
	536	+	7 (a) If an employee is paid by his or her employer less than
	537	+	8 the wage to which he or she is entitled in violation of Section
	538	+	9 10 or 11 of this Act, the employee may recover in a civil
	539	+	10 action the entire amount of any underpayment together with
	540	+	11 interest, compensatory damages if the employee demonstrates
	541	+	12 that the employer acted with malice or reckless indifference,
	542	+	13 punitive damages as may be appropriate, injunctive relief as
	543	+	14 may be appropriate, and the costs and reasonable attorney's
	544	+	15 fees as may be allowed by the court and as necessary to make
	545	+	16 the employee whole. At the request of the employee or on a
	546	+	17 motion of the Director, the Department may make an assignment
	547	+	18 of the wage claim in trust for the assigning employee and may
	548	+	19 bring any legal action necessary to collect the claim, and the
	549	+	20 employer shall be required to pay the costs incurred in
	550	+	21 collecting the claim. Every such action shall be brought
	551	+	22 within 5 years from the date of the underpayment. For purposes
	552	+	23 of this Act, "date of the underpayment" means each time wages
	553	+	24 are underpaid.
	554	+	25 (a-5) If an employer violates subsection (b), (b-5),
	555	+
	556	+
	557	+
	558	+
	559	+
	560	+	HB3733 Enrolled - 16 - LRB103 30030 SPS 56451 b
	561	+
	562	+
	563	+	HB3733 Enrolled- 17 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 17 - LRB103 30030 SPS 56451 b
	564	+	HB3733 Enrolled - 17 - LRB103 30030 SPS 56451 b
	565	+	1 (b-10), or (b-20) of Section 10, the employee may recover in a
	566	+	2 civil action any damages incurred, special damages not to
	567	+	3 exceed $10,000, injunctive relief as may be appropriate, and
	568	+	4 costs and reasonable attorney's fees as may be allowed by the
	569	+	5 court and as necessary to make the employee whole. If special
	570	+	6 damages are available, an employee may recover compensatory
	571	+	7 damages only to the extent such damages exceed the amount of
	572	+	8 special damages. Such action shall be brought within 5 years
	573	+	9 from the date of the violation.
	574	+	10 (b) The Director is authorized to supervise the payment of
	575	+	11 the unpaid wages under subsection (a) or damages under
	576	+	12 subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
	577	+	13 to any employee or employees under this Act and may bring any
	578	+	14 legal action necessary to recover the amount of unpaid wages,
	579	+	15 damages, and penalties or to seek injunctive relief, and the
	580	+	16 employer shall be required to pay the costs. Any sums
	581	+	17 recovered by the Director on behalf of an employee under this
	582	+	18 Section shall be paid to the employee or employees affected.
	583	+	19 (c) Employers who violate any provision of this Act or any
	584	+	20 rule adopted under the Act are subject to a civil penalty,
	585	+	21 payable to the Department, for each employee affected as
	586	+	22 follows:
	587	+	23 (1) An employer with fewer than 4 employees: first
	588	+	24 offense, a fine not to exceed $500; second offense, a fine
	589	+	25 not to exceed $2,500; third or subsequent offense, a fine
	590	+	26 not to exceed $5,000.
	591	+
	592	+
	593	+
	594	+
	595	+
	596	+	HB3733 Enrolled - 17 - LRB103 30030 SPS 56451 b
	597	+
	598	+
	599	+	HB3733 Enrolled- 18 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 18 - LRB103 30030 SPS 56451 b
	600	+	HB3733 Enrolled - 18 - LRB103 30030 SPS 56451 b
	601	+	1 (2) An employer with between 4 and 99 employees: first
	602	+	2 offense, a fine not to exceed $2,500; second offense, a
	603	+	3 fine not to exceed $3,000; third or subsequent offense, a
	604	+	4 fine not to exceed $5,000.
	605	+	5 (3) An employer with 100 or more employees who
	606	+	6 violates any Section of this Act except for Section 11
	607	+	7 shall be fined up to $10,000 per employee affected. An
	608	+	8 employer with 100 or more employees that is a business as
	609	+	9 defined under Section 11 and commits a violation of
	610	+	10 Section 11 shall be fined up to $10,000.
	611	+	11 Before any imposition of a penalty under this subsection,
	612	+	12 an employer with 100 or more employees who violates item (b) of
	613	+	13 Section 11 and inadvertently fails to file an initial
	614	+	14 application or recertification shall be provided 30 calendar
	615	+	15 days by the Department to submit the application or
	616	+	16 recertification.
	617	+	17 An employer or person who violates subsection (b), (b-5),
	618	+	18 (b-10), (b-20), or (c) of Section 10 is subject to a civil
	619	+	19 penalty not to exceed $5,000 for each violation for each
	620	+	20 employee affected, payable to the Department.
	621	+	21 (d) In determining the amount of the penalty, the
	622	+	22 appropriateness of the penalty to the size of the business of
	623	+	23 the employer charged and the gravity of the violation shall be
	624	+	24 considered. The penalty may be recovered in a civil action
	625	+	25 brought by the Director in any circuit court.
	626	+	26 (Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
	627	+
	628	+
	629	+
	630	+
	631	+
	632	+	HB3733 Enrolled - 18 - LRB103 30030 SPS 56451 b
	633	+
	634	+
	635	+	HB3733 Enrolled- 19 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 19 - LRB103 30030 SPS 56451 b
	636	+	HB3733 Enrolled - 19 - LRB103 30030 SPS 56451 b
	637	+	1 (820 ILCS 112/33 new)
	638	+	2 Sec. 33. Equal Pay Fund. All moneys owed to the Department
	639	+	3 under this Act shall be deposited into the Equal Pay Fund and
	640	+	4 may be appropriated to the Department for the administration
	641	+	5 and enforcement of this Act.
	642	+	6 (820 ILCS 112/40)
	643	+	7 Sec. 40. Notification. Every employer covered by this Act
	644	+	8 shall post and keep posted, in conspicuous places on the
	645	+	9 premises of the employer where notices to employees are
	646	+	10 customarily posted, a notice, to be prepared or approved by
	647	+	11 the Director, summarizing the requirements of this Act and
	648	+	12 information pertaining to the filing of a charge. Every
	649	+	13 employer with employees who do not regularly report to a
	650	+	14 physical workplace, such as employees who work remotely or
	651	+	15 travel for work, shall also provide the summary and notice by
	652	+	16 email to its employees or conspicuous posting on the
	653	+	17 employer's website or intranet site, if such site is regularly
	654	+	18 used by the employer to communicate work-related information
	655	+	19 to employees and is able to be regularly accessed by all
	656	+	20 employees, freely and without interference. The Director shall
	657	+	21 furnish copies of summaries and rules to employers upon
	658	+	22 request without charge.
	659	+	23 (Source: P.A. 93-6, eff. 1-1-04.)
	660	+
	661	+
	662	+
	663	+
	664	+
	665	+	HB3733 Enrolled - 19 - LRB103 30030 SPS 56451 b
	666	+
	667	+
	668	+	HB3733 Enrolled- 20 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 20 - LRB103 30030 SPS 56451 b
	669	+	HB3733 Enrolled - 20 - LRB103 30030 SPS 56451 b
	670	+	1 Section 30. The Illinois Wage Payment and Collection Act
	671	+	2 is amended by changing Sections 3 and 11 as follows:
	672	+	3 (820 ILCS 115/3) (from Ch. 48, par. 39m-3)
	673	+	4 Sec. 3. Every employer shall be required, at least
	674	+	5 semi-monthly, to pay every employee all wages earned during
	675	+	6 the semi-monthly pay period. Wages of executive,
	676	+	7 administrative and professional employees, as defined in the
	677	+	8 Federal Fair Labor Standards Act of 1939, may be paid once a
	678	+	9 month. Commissions may be paid once a month. At the request of
	679	+	10 a person employed by an employment or labor placement agency
	680	+	11 which, in the ordinary course of business, makes daily wage
	681	+	12 payments to employees, the agency shall hold the daily wages
	682	+	13 and make either weekly or semi-monthly payments. Upon the
	683	+	14 written request of the employee, the wage shall be paid in a
	684	+	15 single check representing the wages earned during the period,
	685	+	16 either weekly or semi-monthly, designated by the employee in
	686	+	17 accordance with Section 4 of this Act. Employment and labor
	687	+	18 placement agencies that make daily wage payments shall provide
	688	+	19 written notification to all daily wage payment employees of
	689	+	20 the right to request weekly or semi-monthly checks. The
	690	+	21 employer may provide this notice by conspicuously posting the
	691	+	22 notice at the location where the wages are received by the
	692	+	23 daily wage employees. Every employer with employees who do not
	693	+	24 regularly report to a physical workplace, such as employees
	694	+	25 who work remotely or travel for work, shall also provide the
	695	+
	696	+
	697	+
	698	+
	699	+
	700	+	HB3733 Enrolled - 20 - LRB103 30030 SPS 56451 b
	701	+
	702	+
	703	+	HB3733 Enrolled- 21 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 21 - LRB103 30030 SPS 56451 b
	704	+	HB3733 Enrolled - 21 - LRB103 30030 SPS 56451 b
	705	+	1 summary and notice by email to its employees or conspicuous
	706	+	2 posting on the employer's website or intranet site, if such
	707	+	3 site is regularly used by the employer to communicate
	708	+	4 work-related information to employees and is able to be
	709	+	5 regularly accessed by all employees, freely and without
	710	+	6 interference.
	711	+	7 (Source: P.A. 89-364, eff. 8-18-95.)
	712	+	8 (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
	713	+	9 Sec. 11. It shall be the duty of the Department of Labor to
	714	+	10 inquire diligently for any violations of this Act, and to
	715	+	11 institute the actions for violations and penalties herein
	716	+	12 provided, at the request of the employee or on motion of the
	717	+	13 Director of Labor, and to enforce generally the provisions of
	718	+	14 this Act.
	719	+	15 An employee may file a complaint with the Department
	720	+	16 alleging violations of the Act by submitting a signed,
	721	+	17 completed wage claim application on the form provided by the
	722	+	18 Department and by submitting copies of all supporting
	723	+	19 documentation. Complaints shall be filed within one year after
	724	+	20 the wages, final compensation, or wage supplements were due.
	725	+	21 Wage claim applications Applications shall be reviewed by
	726	+	22 the Department to determine whether there is cause and
	727	+	23 sufficient resources for investigation.
	728	+	24 The Department shall have the following powers:
	729	+	25 (a) To investigate and attempt equitably to adjust
	730	+
	731	+
	732	+
	733	+
	734	+
	735	+	HB3733 Enrolled - 21 - LRB103 30030 SPS 56451 b
	736	+
	737	+
	738	+	HB3733 Enrolled- 22 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 22 - LRB103 30030 SPS 56451 b
	739	+	HB3733 Enrolled - 22 - LRB103 30030 SPS 56451 b
	740	+	1 controversies between employees and employers in respect
	741	+	2 of wage claims arising under this Act and to that end the
	742	+	3 Department through the Director of Labor or any other
	743	+	4 person in the Department of Labor designated by him or
	744	+	5 her, shall have the power to administer oaths, subpoena
	745	+	6 and examine witnesses, to issue subpoenas duces tecum
	746	+	7 requiring the production of such books, papers, records
	747	+	8 and documents as may be evidence of any matter under
	748	+	9 inquiry and to examine and inspect the same as may relate
	749	+	10 to the question in dispute. Service of such subpoenas
	750	+	11 shall be made by any sheriff or any person. Any court in
	751	+	12 this State, upon the application of the Department may
	752	+	13 compel attendance of witnesses, the production of books
	753	+	14 and papers, and the giving of testimony before the
	754	+	15 Department by attachment for contempt or in any other way
	755	+	16 as the production of evidence may be compelled before such
	756	+	17 court.
	757	+	18 (b) To take assignments of wage claims in the name of
	758	+	19 the Director of Labor and his or her successors in office
	759	+	20 and prosecute actions for the collection of wages for
	760	+	21 persons financially unable to prosecute such claims when
	761	+	22 in the judgment of the Department such claims are valid
	762	+	23 and enforceable in the courts. No court costs or any fees
	763	+	24 for necessary process and proceedings shall be payable in
	764	+	25 advance by the Department for prosecuting such actions. In
	765	+	26 the event there is a judgment rendered against the
	766	+
	767	+
	768	+
	769	+
	770	+
	771	+	HB3733 Enrolled - 22 - LRB103 30030 SPS 56451 b
	772	+
	773	+
	774	+	HB3733 Enrolled- 23 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 23 - LRB103 30030 SPS 56451 b
	775	+	HB3733 Enrolled - 23 - LRB103 30030 SPS 56451 b
	776	+	1 defendant, the court shall assess as part of such judgment
	777	+	2 the costs of such proceeding. Upon collection of such
	778	+	3 judgments the Department shall pay from the proceeds of
	779	+	4 such judgment such costs to such person who is by law
	780	+	5 entitled to same. The Department may join in a single
	781	+	6 proceeding any number of wage claims against the same
	782	+	7 employer but the court shall have discretionary power to
	783	+	8 order a severance or separate trial for hearings.
	784	+	9 (c) To make complaint in any court of competent
	785	+	10 jurisdiction of violations of this Act.
	786	+	11 (d) In addition to the aforementioned powers, subject
	787	+	12 to appropriation, the Department may establish an
	788	+	13 administrative procedure to adjudicate claims and to issue
	789	+	14 final and binding administrative decisions on such claims
	790	+	15 subject to the Administrative Review Law. To establish
	791	+	16 such a procedure, the Director of Labor or her or his
	792	+	17 authorized representative may promulgate rules and
	793	+	18 regulations. The adoption, amendment or rescission of
	794	+	19 rules and regulations for such a procedure shall be in
	795	+	20 conformity with the requirements of the Illinois
	796	+	21 Administrative Procedure Act. If a final and binding
	797	+	22 administrative decision issued by the Department requires
	798	+	23 an employer or other party to pay wages, penalties, or
	799	+	24 other amounts in connection with a wage claim, and the
	800	+	25 employer or other party has neither: (i) made the required
	801	+	26 payment within 35 days of the issuance of the final and
	802	+
	803	+
	804	+
	805	+
	806	+
	807	+	HB3733 Enrolled - 23 - LRB103 30030 SPS 56451 b
	808	+
	809	+
	810	+	HB3733 Enrolled- 24 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 24 - LRB103 30030 SPS 56451 b
	811	+	HB3733 Enrolled - 24 - LRB103 30030 SPS 56451 b
	812	+	1 binding administrative decision; nor (ii) timely filed a
	813	+	2 complaint seeking review of the final and binding
	814	+	3 administrative decision pursuant to the Administrative
	815	+	4 Review Law in a court of competent jurisdiction, the
	816	+	5 Department may file a verified petition against the
	817	+	6 employer or other party to enforce the final
	818	+	7 administrative decision and to collect any amounts due in
	819	+	8 connection therewith in the circuit court of any county
	820	+	9 where an official office of the Department is located.
	821	+	10 Nothing herein shall be construed to prevent any employee
	822	+	11 from making complaint or prosecuting his or her own claim for
	823	+	12 wages. Any employee aggrieved by a violation of this Act or any
	824	+	13 rule adopted under this Act may file suit in circuit court of
	825	+	14 Illinois, in the county where the alleged violation occurred
	826	+	15 or where any employee who is party to the action resides,
	827	+	16 without regard to exhaustion of any alternative administrative
	828	+	17 remedies provided in this Act. Actions may be brought by one or
	829	+	18 more employees for and on behalf of themselves and other
	830	+	19 employees similarly situated.
	831	+	20 Nothing herein shall be construed to limit the authority
	832	+	21 of the State's attorney of any county to prosecute actions for
	833	+	22 violation of this Act or to enforce the provisions thereof
	834	+	23 independently and without specific direction of the Department
	835	+	24 of Labor.
	836	+	25 (Source: P.A. 101-509, eff. 1-1-20.)
	837	+
	838	+
	839	+
	840	+
	841	+
	842	+	HB3733 Enrolled - 24 - LRB103 30030 SPS 56451 b
	843	+
	844	+
	845	+	HB3733 Enrolled- 25 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 25 - LRB103 30030 SPS 56451 b
	846	+	HB3733 Enrolled - 25 - LRB103 30030 SPS 56451 b
	847	+	1 (820 ILCS 125/Act rep.)
	848	+	2 Section 35. The Wages of Women and Minors Act is repealed.
	849	+	3 Section 40. The Day and Temporary Labor Services Act is
	850	+	4 amended by changing Section 45 as follows:
	851	+	5 (820 ILCS 175/45)
	852	+	6 Sec. 45. Registration; Department of Labor.
	853	+	7 (a) A day and temporary labor service agency which is
	854	+	8 located, operates or transacts business within this State
	855	+	9 shall register with the Department of Labor in accordance with
	856	+	10 rules adopted by the Department for day and temporary labor
	857	+	11 service agencies and shall be subject to this Act and any rules
	858	+	12 adopted under this Act. Each day and temporary labor service
	859	+	13 agency shall provide proof of an employer account number
	860	+	14 issued by the Department of Employment Security for the
	861	+	15 payment of unemployment insurance contributions as required
	862	+	16 under the Unemployment Insurance Act, and proof of valid
	863	+	17 workers' compensation insurance in effect at the time of
	864	+	18 registration covering all of its employees. If, at any time, a
	865	+	19 day and temporary labor service agency's workers' compensation
	866	+	20 insurance coverage lapses, the agency shall have an
	867	+	21 affirmative duty to report the lapse of such coverage to the
	868	+	22 Department and the agency's registration shall be suspended
	869	+	23 until the agency's workers' compensation insurance is
	870	+	24 reinstated. The Department may assess each day and temporary
	871	+
	872	+
	873	+
	874	+
	875	+
	876	+	HB3733 Enrolled - 25 - LRB103 30030 SPS 56451 b
	877	+
	878	+
	879	+	HB3733 Enrolled- 26 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 26 - LRB103 30030 SPS 56451 b
	880	+	HB3733 Enrolled - 26 - LRB103 30030 SPS 56451 b
	881	+	1 labor service agency a non-refundable registration fee not
	882	+	2 exceeding $1,000 per year per agency and a non-refundable fee
	883	+	3 not to exceed $250 for each branch office or other location
	884	+	4 where the agency regularly contracts with day or temporary
	885	+	5 laborers for services. The fee may be paid by check, money
	886	+	6 order, or the State Treasurer's E-Pay program or any successor
	887	+	7 program, and the Department may not refuse to accept a check on
	888	+	8 the basis that it is not a certified check or a cashier's
	889	+	9 check. The Department may charge an additional fee to be paid
	890	+	10 by a day and temporary labor service agency if the agency, or
	891	+	11 any person on the agency's behalf, issues or delivers a check
	892	+	12 to the Department that is not honored by the financial
	893	+	13 institution upon which it is drawn. The Department shall also
	894	+	14 adopt rules for violation hearings and penalties for
	895	+	15 violations of this Act or the Department's rules in
	896	+	16 conjunction with the penalties set forth in this Act.
	897	+	17 (a-1) At the time of registration with the Department of
	898	+	18 Labor each year, the day and temporary labor service agency
	899	+	19 shall submit to the Department of Labor a report containing
	900	+	20 the information identified in paragraph (9) of subsection (a)
	901	+	21 of Section 12, broken down by branch office, in the aggregate
	902	+	22 for all day or temporary laborers assigned within Illinois and
	903	+	23 subject to this Act during the preceding year. This
	904	+	24 information shall be submitted on a form created by the
	905	+	25 Department of Labor. The Department of Labor shall aggregate
	906	+	26 the information submitted by all registering day and temporary
	907	+
	908	+
	909	+
	910	+
	911	+
	912	+	HB3733 Enrolled - 26 - LRB103 30030 SPS 56451 b
	913	+
	914	+
	915	+	HB3733 Enrolled- 27 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 27 - LRB103 30030 SPS 56451 b
	916	+	HB3733 Enrolled - 27 - LRB103 30030 SPS 56451 b
	917	+	1 labor service agencies by removing identifying data and shall
	918	+	2 have the information available to the public only on a
	919	+	3 municipal and county basis. As used in this paragraph,
	920	+	4 "identifying data" means any and all information that: (i)
	921	+	5 provides specific information on individual worker identity;
	922	+	6 (ii) identifies the service agency in any manner; and (iii)
	923	+	7 identifies clients utilizing the day and temporary labor
	924	+	8 service agency or any other information that can be traced
	925	+	9 back to any specific registering day and temporary labor
	926	+	10 service agency or its client. The information and reports
	927	+	11 submitted to the Department of Labor under this subsection by
	928	+	12 the registering day and temporary labor service agencies are
	929	+	13 exempt from inspection and copying under Section 7.5 of the
	930	+	14 Freedom of Information Act.
	931	+	15 (b) It is a violation of this Act to operate a day and
	932	+	16 temporary labor service agency without first registering with
	933	+	17 the Department in accordance with subsection (a) of this
	934	+	18 Section. The Department shall create and maintain at regular
	935	+	19 intervals on its website, accessible to the public: (1) a list
	936	+	20 of all registered day and temporary labor service agencies in
	937	+	21 the State whose registration is in good standing; (2) a list of
	938	+	22 day and temporary labor service agencies in the State whose
	939	+	23 registration has been suspended, including the reason for the
	940	+	24 suspension, the date the suspension was initiated, and the
	941	+	25 date, if known, the suspension is to be lifted; and (3) a list
	942	+	26 of day and temporary labor service agencies in the State whose
	943	+
	944	+
	945	+
	946	+
	947	+
	948	+	HB3733 Enrolled - 27 - LRB103 30030 SPS 56451 b
	949	+
	950	+
	951	+	HB3733 Enrolled- 28 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 28 - LRB103 30030 SPS 56451 b
	952	+	HB3733 Enrolled - 28 - LRB103 30030 SPS 56451 b
	953	+	1 registration has been revoked, including the reason for the
	954	+	2 revocation and the date the registration was revoked. The
	955	+	3 Department has the authority to assess a penalty against any
	956	+	4 day and temporary labor service agency that fails to register
	957	+	5 with the Department of Labor in accordance with this Act or any
	958	+	6 rules adopted under this Act of $500 for each violation. Each
	959	+	7 day during which a day and temporary labor service agency
	960	+	8 operates without registering with the Department shall be a
	961	+	9 separate and distinct violation of this Act.
	962	+	10 (c) An applicant is not eligible to register to operate a
	963	+	11 day and temporary labor service agency under this Act if the
	964	+	12 applicant or any of its officers, directors, partners, or
	965	+	13 managers or any owner of 25% or greater beneficial interest:
	966	+	14 (1) has been involved, as owner, officer, director,
	967	+	15 partner, or manager, of any day and temporary labor
	968	+	16 service agency whose registration has been revoked or has
	969	+	17 been suspended without being reinstated within the 5 years
	970	+	18 immediately preceding the filing of the application; or
	971	+	19 (2) is under the age of 18.
	972	+	20 (d) Every agency shall post and keep posted at each
	973	+	21 location, in a position easily accessible to all day or
	974	+	22 temporary laborers employees, notices as supplied and required
	975	+	23 by the Department containing a copy or summary of the
	976	+	24 provisions of the Act and a notice which informs the public of
	977	+	25 a toll-free telephone number for day or temporary laborers and
	978	+	26 the public to file wage dispute complaints and other alleged
	979	+
	980	+
	981	+
	982	+
	983	+
	984	+	HB3733 Enrolled - 28 - LRB103 30030 SPS 56451 b
	985	+
	986	+
	987	+	HB3733 Enrolled- 29 -LRB103 30030 SPS 56451 b HB3733 Enrolled - 29 - LRB103 30030 SPS 56451 b
	988	+	HB3733 Enrolled - 29 - LRB103 30030 SPS 56451 b
	989	+	1 violations by day and temporary labor service agencies. Every
	990	+	2 day and temporary labor service agency employing day or
	991	+	3 temporary laborers who communicate with the day and temporary
	992	+	4 labor service agency by electronic communication shall also
	993	+	5 provide all required notices by email to its day or temporary
	994	+	6 laborers or on a website, regularly used by the employer to
	995	+	7 communicate work-related information, that all day or
	996	+	8 temporary laborers are able to regularly access, freely and
	997	+	9 without interference. Such notices shall be in English and or
	998	+	10 any other language generally understood in the locale of the
	999	+	11 day and temporary labor service agency.
	1000	+	12 (Source: P.A. 100-517, eff. 6-1-18.)
	1001	+	13 Section 45. The Child Labor Law is amended by changing
	1002	+	14 Sections 5, 17, and 17.3 as follows:
	1003	+	15 (820 ILCS 205/5) (from Ch. 48, par. 31.5)
	1004	+	16 Sec. 5. Every employer covered by this Act shall post in a
	1005	+	17 conspicuous place where minors under 16 years of age are
	1006	+	18 employed, or allowed to work, a printed summary abstract of
	1007	+	19 this Act and a list of the occupations prohibited to such
	1008	+	20 minors, to be furnished by the Department of Labor. Such
	1009	+	21 employers shall post in a conspicuous place where minors under
	1010	+	22 16 years of age are employed, or allowed to work a printed
	1011	+	23 notice stating the hours of commencing and stopping work, the
	1012	+	24 hours when the time or times allowed for dinner or other meals,
	1013	+
	1014	+
	1015	+
	1016	+
	1017	+
	1018	+	HB3733 Enrolled - 29 - LRB103 30030 SPS 56451 b
	1019	+
	1020	+
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	1023	+	1 begin and end, and the Department's toll free telephone number
	1024	+	2 established under Section 17.4. An employer with employees who
	1025	+	3 do not regularly report to a physical workplace, such as
	1026	+	4 employees who work remotely or travel for work, shall also
	1027	+	5 provide the summary and notice by email to its employees or
	1028	+	6 conspicuous posting on the employer's website or intranet
	1029	+	7 site, if such site is regularly used by the employer to
	1030	+	8 communicate work-related information to employees and is able
	1031	+	9 to be regularly accessed by all employees, freely and without
	1032	+	10 interference. The Department of Labor shall furnish this
	1033	+	11 printed summary form of such notice shall be furnished by the
	1034	+	12 Department of Labor.
	1035	+	13 (Source: P.A. 88-365.)
	1036	+	14 (820 ILCS 205/17) (from Ch. 48, par. 31.17)
	1037	+	15 Sec. 17. It shall be the duty of the Department of Labor to
	1038	+	16 enforce the provisions of this Act. The Department of Labor
	1039	+	17 shall have the power to conduct investigations in connection
	1040	+	18 with the administration and enforcement of this Act and the
	1041	+	19 authorized officers and employees of the Department of Labor
	1042	+	20 are hereby authorized and empowered, to visit and inspect, at
	1043	+	21 all reasonable times and as often as possible, all places
	1044	+	22 covered by this Act. Truant officers and other school
	1045	+	23 officials authorized by the board of education or school
	1046	+	24 directors shall report violations under this Act to the
	1047	+	25 Department of Labor, and may enter any place in which children
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	1058	+	1 are, or are believed to be employed and inspect the work
	1059	+	2 certificates on file. Such truant officers or other school
	1060	+	3 officials also are authorized to file complaints against any
	1061	+	4 employer found violating the provisions of this Act in case no
	1062	+	5 complaints for such violations are pending; and when such
	1063	+	6 complaints are filed by truant officers or other school
	1064	+	7 officials the State's attorneys of this state shall appear for
	1065	+	8 the people, and attend to the prosecution of such complaints.
	1066	+	9 The Department of Labor shall conduct hearings in accordance
	1067	+	10 with "The Illinois Administrative Procedure Act", approved
	1068	+	11 September 22, 1975, as amended, upon written complaint by an
	1069	+	12 investigator of the Department of Labor, truant officer or
	1070	+	13 other school official, or any interested person of a violation
	1071	+	14 of the Act or to revoke any certificate under this Act. After
	1072	+	15 such hearing, if supported by the evidence, the Department of
	1073	+	16 Labor may issue and cause to be served on any party an order to
	1074	+	17 cease and desist from violation of the Act, take such further
	1075	+	18 affirmative or other action as deemed reasonable to eliminate
	1076	+	19 the effect of the violation, and may revoke any certificate
	1077	+	20 issued under the Act and determine the amount of any civil
	1078	+	21 penalty allowed by the Act. The Department may serve such
	1079	+	22 orders by certified mail or by sending a copy by email to an
	1080	+	23 email address previously designated by the party for purposes
	1081	+	24 of receiving notice under this Act. An email address provided
	1082	+	25 by the party in the course of the administrative proceeding
	1083	+	26 shall not be used in any subsequent proceedings, unless the
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	1094	+	1 party designates that email address for the subsequent
	1095	+	2 proceeding. The Director of Labor or his authorized
	1096	+	3 representative may compel by subpoena, the attendance and
	1097	+	4 testimony of witnesses and the production of books, payrolls,
	1098	+	5 records, papers and other evidence in any investigation or
	1099	+	6 hearing and may administer oaths to witnesses.
	1100	+	7 (Source: P.A. 80-1482.)
	1101	+	8 (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
	1102	+	9 Sec. 17.3. Any employer who violates any of the provisions
	1103	+	10 of this Act or any rule or regulation issued under the Act
	1104	+	11 shall be subject to a civil penalty of not to exceed $5,000 for
	1105	+	12 each such violation. In determining the amount of such
	1106	+	13 penalty, the appropriateness of such penalty to the size of
	1107	+	14 the business of the employer charged and the gravity of the
	1108	+	15 violation shall be considered. The amount of such penalty,
	1109	+	16 when finally determined, may be
	1110	+	17 (1) recovered in a civil action brought by the
	1111	+	18 Director of Labor in any circuit court, in which
	1112	+	19 litigation the Director of Labor shall be represented by
	1113	+	20 the Attorney General;
	1114	+	21 (2) ordered by the court, in an action brought for
	1115	+	22 violation under Section 19, to be paid to the Director of
	1116	+	23 Labor.
	1117	+	24 Any administrative determination by the Department of
	1118	+	25 Labor of the amount of each penalty shall be final unless
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	1129	+	1 reviewed as provided in Section 17.1 of this Act.
	1130	+	2 Civil penalties recovered under this Section shall be paid
	1131	+	3 by certified check, money order, or by an electronic payment
	1132	+	4 system designated by the Department, and deposited into the
	1133	+	5 Child Labor and Day and Temporary Labor Services Enforcement
	1134	+	6 Fund, a special fund which is hereby created in the State
	1135	+	7 treasury. Moneys in the Fund may be used, subject to
	1136	+	8 appropriation, for exemplary programs, demonstration projects,
	1137	+	9 and other activities or purposes related to the enforcement of
	1138	+	10 this Act or for the activities or purposes related to the
	1139	+	11 enforcement of the Day and Temporary Labor Services Act, or
	1140	+	12 for the activities or purposes related to the enforcement of
	1141	+	13 the Private Employment Agency Act.
	1142	+	14 (Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16.)
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