Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2280 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 30 ILCS 105/5.942 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 40/3 rep. 820 ILCS 105/9 from Ch. 48, par. 1009 820 ILCS 105/12 from Ch. 48, par. 1012 820 ILCS 112/11 820 ILCS 112/30 820 ILCS 112/33 new 820 ILCS 112/40 820 ILCS 115/3 from Ch. 48, par. 39m-3 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 125/Act rep. 820 ILCS 175/45 820 ILCS 205/5 from Ch. 48, par. 31.5 820 ILCS 205/17 from Ch. 48, par. 31.17 820 ILCS 205/17.3 from Ch. 48, par. 31.17-3 Amends the State Finance Act. Changes the name of the Equal Pay Registration Fund to the Equal Pay Fund. Amends the Personnel Record Review Act. Provides that an employer shall, upon the employee's written request, email or mail a copy of a requested record to the employee. Repeals provisions concerning copies of personnel records. Amends the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Day and Temporary Labor Services Act. Provides that every employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall provide specified information by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. Repeals the Wages of Women and Minors Act. Makes other changes. LRB103 30715 SPS 57190 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2280 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 30 ILCS 105/5.942 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 40/3 rep. 820 ILCS 105/9 from Ch. 48, par. 1009 820 ILCS 105/12 from Ch. 48, par. 1012 820 ILCS 112/11 820 ILCS 112/30 820 ILCS 112/33 new 820 ILCS 112/40 820 ILCS 115/3 from Ch. 48, par. 39m-3 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 125/Act rep. 820 ILCS 175/45 820 ILCS 205/5 from Ch. 48, par. 31.5 820 ILCS 205/17 from Ch. 48, par. 31.17 820 ILCS 205/17.3 from Ch. 48, par. 31.17-3 30 ILCS 105/5.942 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 40/3 rep. 820 ILCS 105/9 from Ch. 48, par. 1009 820 ILCS 105/12 from Ch. 48, par. 1012 820 ILCS 112/11 820 ILCS 112/30 820 ILCS 112/33 new 820 ILCS 112/40 820 ILCS 115/3 from Ch. 48, par. 39m-3 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 125/Act rep. 820 ILCS 175/45 820 ILCS 205/5 from Ch. 48, par. 31.5 820 ILCS 205/17 from Ch. 48, par. 31.17 820 ILCS 205/17.3 from Ch. 48, par. 31.17-3 Amends the State Finance Act. Changes the name of the Equal Pay Registration Fund to the Equal Pay Fund. Amends the Personnel Record Review Act. Provides that an employer shall, upon the employee's written request, email or mail a copy of a requested record to the employee. Repeals provisions concerning copies of personnel records. Amends the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Day and Temporary Labor Services Act. Provides that every employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall provide specified information by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. Repeals the Wages of Women and Minors Act. Makes other changes. LRB103 30715 SPS 57190 b LRB103 30715 SPS 57190 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2280 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
3	3	30 ILCS 105/5.942 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 40/3 rep. 820 ILCS 105/9 from Ch. 48, par. 1009 820 ILCS 105/12 from Ch. 48, par. 1012 820 ILCS 112/11 820 ILCS 112/30 820 ILCS 112/33 new 820 ILCS 112/40 820 ILCS 115/3 from Ch. 48, par. 39m-3 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 125/Act rep. 820 ILCS 175/45 820 ILCS 205/5 from Ch. 48, par. 31.5 820 ILCS 205/17 from Ch. 48, par. 31.17 820 ILCS 205/17.3 from Ch. 48, par. 31.17-3 30 ILCS 105/5.942 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 40/3 rep. 820 ILCS 105/9 from Ch. 48, par. 1009 820 ILCS 105/12 from Ch. 48, par. 1012 820 ILCS 112/11 820 ILCS 112/30 820 ILCS 112/33 new 820 ILCS 112/40 820 ILCS 115/3 from Ch. 48, par. 39m-3 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 125/Act rep. 820 ILCS 175/45 820 ILCS 205/5 from Ch. 48, par. 31.5 820 ILCS 205/17 from Ch. 48, par. 31.17 820 ILCS 205/17.3 from Ch. 48, par. 31.17-3
4	4	30 ILCS 105/5.942
5	5	820 ILCS 40/2 from Ch. 48, par. 2002
6	6	820 ILCS 40/3 rep.
7	7	820 ILCS 105/9 from Ch. 48, par. 1009
8	8	820 ILCS 105/12 from Ch. 48, par. 1012
9	9	820 ILCS 112/11
10	10	820 ILCS 112/30
11	11	820 ILCS 112/33 new
12	12	820 ILCS 112/40
13	13	820 ILCS 115/3 from Ch. 48, par. 39m-3
14	14	820 ILCS 115/11 from Ch. 48, par. 39m-11
15	15	820 ILCS 125/Act rep.
16	16	820 ILCS 175/45
17	17	820 ILCS 205/5 from Ch. 48, par. 31.5
18	18	820 ILCS 205/17 from Ch. 48, par. 31.17
19	19	820 ILCS 205/17.3 from Ch. 48, par. 31.17-3
20	20	Amends the State Finance Act. Changes the name of the Equal Pay Registration Fund to the Equal Pay Fund. Amends the Personnel Record Review Act. Provides that an employer shall, upon the employee's written request, email or mail a copy of a requested record to the employee. Repeals provisions concerning copies of personnel records. Amends the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Day and Temporary Labor Services Act. Provides that every employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall provide specified information by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. Repeals the Wages of Women and Minors Act. Makes other changes.
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22	22	LRB103 30715 SPS 57190 b
23	23	A BILL FOR
24	24	SB2280LRB103 30715 SPS 57190 b SB2280 LRB103 30715 SPS 57190 b
25	25	SB2280 LRB103 30715 SPS 57190 b
26	26	1 AN ACT concerning employment.
27	27	2 Be it enacted by the People of the State of Illinois,
28	28	3 represented in the General Assembly:
29	29	4 Section 5. The State Finance Act is amended by changing
30	30	5 Section 5.942 as follows:
31	31	6 (30 ILCS 105/5.942)
32	32	7 Sec. 5.942. The Equal Pay Registration Fund.
33	33	8 (Source: P.A. 101-656, eff. 3-23-21; 102-813, eff. 5-13-22.)
34	34	9 Section 10. The Personnel Record Review Act is amended by
35	35	10 changing Section 2 as follows:
36	36	11 (820 ILCS 40/2) (from Ch. 48, par. 2002)
37	37	12 Sec. 2. Open Records. Every employer shall, upon an
38	38	13 employee's request which the employer may require be in
39	39	14 writing on a form supplied by the employer, permit the
40	40	15 employee to inspect any personnel documents which are, have
41	41	16 been or are intended to be used in determining that employee's
42	42	17 qualifications for employment, promotion, transfer, additional
43	43	18 compensation, discharge or other disciplinary action, except
44	44	19 as provided in Section 10. The inspection right encompasses
45	45	20 personnel documents in the possession of a person,
46	46	21 corporation, partnership, or other association having a
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50	50	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2280 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
51	51	30 ILCS 105/5.942 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 40/3 rep. 820 ILCS 105/9 from Ch. 48, par. 1009 820 ILCS 105/12 from Ch. 48, par. 1012 820 ILCS 112/11 820 ILCS 112/30 820 ILCS 112/33 new 820 ILCS 112/40 820 ILCS 115/3 from Ch. 48, par. 39m-3 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 125/Act rep. 820 ILCS 175/45 820 ILCS 205/5 from Ch. 48, par. 31.5 820 ILCS 205/17 from Ch. 48, par. 31.17 820 ILCS 205/17.3 from Ch. 48, par. 31.17-3 30 ILCS 105/5.942 820 ILCS 40/2 from Ch. 48, par. 2002 820 ILCS 40/3 rep. 820 ILCS 105/9 from Ch. 48, par. 1009 820 ILCS 105/12 from Ch. 48, par. 1012 820 ILCS 112/11 820 ILCS 112/30 820 ILCS 112/33 new 820 ILCS 112/40 820 ILCS 115/3 from Ch. 48, par. 39m-3 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 125/Act rep. 820 ILCS 175/45 820 ILCS 205/5 from Ch. 48, par. 31.5 820 ILCS 205/17 from Ch. 48, par. 31.17 820 ILCS 205/17.3 from Ch. 48, par. 31.17-3
52	52	30 ILCS 105/5.942
53	53	820 ILCS 40/2 from Ch. 48, par. 2002
54	54	820 ILCS 40/3 rep.
55	55	820 ILCS 105/9 from Ch. 48, par. 1009
56	56	820 ILCS 105/12 from Ch. 48, par. 1012
57	57	820 ILCS 112/11
58	58	820 ILCS 112/30
59	59	820 ILCS 112/33 new
60	60	820 ILCS 112/40
61	61	820 ILCS 115/3 from Ch. 48, par. 39m-3
62	62	820 ILCS 115/11 from Ch. 48, par. 39m-11
63	63	820 ILCS 125/Act rep.
64	64	820 ILCS 175/45
65	65	820 ILCS 205/5 from Ch. 48, par. 31.5
66	66	820 ILCS 205/17 from Ch. 48, par. 31.17
67	67	820 ILCS 205/17.3 from Ch. 48, par. 31.17-3
68	68	Amends the State Finance Act. Changes the name of the Equal Pay Registration Fund to the Equal Pay Fund. Amends the Personnel Record Review Act. Provides that an employer shall, upon the employee's written request, email or mail a copy of a requested record to the employee. Repeals provisions concerning copies of personnel records. Amends the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Day and Temporary Labor Services Act. Provides that every employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall provide specified information by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. Repeals the Wages of Women and Minors Act. Makes other changes.
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70	70	LRB103 30715 SPS 57190 b
71	71	A BILL FOR
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77	77	30 ILCS 105/5.942
78	78	820 ILCS 40/2 from Ch. 48, par. 2002
79	79	820 ILCS 40/3 rep.
80	80	820 ILCS 105/9 from Ch. 48, par. 1009
81	81	820 ILCS 105/12 from Ch. 48, par. 1012
82	82	820 ILCS 112/11
83	83	820 ILCS 112/30
84	84	820 ILCS 112/33 new
85	85	820 ILCS 112/40
86	86	820 ILCS 115/3 from Ch. 48, par. 39m-3
87	87	820 ILCS 115/11 from Ch. 48, par. 39m-11
88	88	820 ILCS 125/Act rep.
89	89	820 ILCS 175/45
90	90	820 ILCS 205/5 from Ch. 48, par. 31.5
91	91	820 ILCS 205/17 from Ch. 48, par. 31.17
92	92	820 ILCS 205/17.3 from Ch. 48, par. 31.17-3
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111	111	1 contractual agreement with the employer to keep or supply a
112	112	2 personnel record. An employee may request all or any part of
113	113	3 his or her records, except as provided in Section 10. The
114	114	4 employer shall grant at least 2 inspection requests by an
115	115	5 employee in a calendar year when requests are made at
116	116	6 reasonable intervals, unless otherwise provided in a
117	117	7 collective bargaining agreement. The employer shall provide
118	118	8 the employee with the inspection opportunity within 7 working
119	119	9 days after the employee makes the request or if the employer
120	120	10 can reasonably show that such deadline cannot be met, the
121	121	11 employer shall have an additional 7 days to comply. The
122	122	12 inspection shall take place at a location reasonably near the
123	123	13 employee's place of employment and during normal working
124	124	14 hours. The employer may allow the inspection to take place at a
125	125	15 time other than working hours or at a place other than where
126	126	16 the records are maintained if that time or place would be more
127	127	17 convenient for the employee. Nothing in this Act shall be
128	128	18 construed as a requirement that an employee be permitted to
129	129	19 remove any part of such personnel records or any part of such
130	130	20 records from the place on the employer's premises where it is
131	131	21 made available for inspection. Each employer shall retain the
132	132	22 right to protect his records from loss, damage, or alteration
133	133	23 to insure the integrity of the records. The If an employee
134	134	24 demonstrates that he or she is unable to review his or her
135	135	25 personnel record at the employing unit, the employer shall,
136	136	26 upon the employee's written request, email or mail a copy of
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147	147	1 the requested record to the employee by the email address or
148	148	2 mailing address identified by the employee for the purpose of
149	149	3 receiving the copy of requested record. An employer may charge
150	150	4 a fee for providing a copy of the requested record. The fee
151	151	5 shall be limited to the actual cost of duplicating the
152	152	6 requested record.
153	153	7 (Source: P.A. 83-1362.)
154	154	8 (820 ILCS 40/3 rep.)
155	155	9 Section 15. The Personnel Record Review Act is amended by
156	156	10 repealing Section 3.
157	157	11 Section 20. The Minimum Wage Law is amended by changing
158	158	12 Sections 9 and 12 as follows:
159	159	13 (820 ILCS 105/9) (from Ch. 48, par. 1009)
160	160	14 Sec. 9. Every employer subject to any provision of this
161	161	15 Act or of any regulations issued under this Act shall keep a
162	162	16 summary of this Act approved by the Director, and copies of any
163	163	17 applicable regulations issued under this Act or a summary of
164	164	18 such regulations, posted in a conspicuous and accessible place
165	165	19 in or about the premises wherever any person subject to this
166	166	20 Act is employed. Every employer subject to any provision of
167	167	21 this Act or any regulations issued under this Act with
168	168	22 employees who do not regularly report to a physical workplace,
169	169	23 such as employees who work remotely or travel for work, shall
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180	180	1 also provide the summaries and regulations by email to its
181	181	2 employees or conspicuous posting on the employer's website or
182	182	3 intranet site, if such site is regularly used by the employer
183	183	4 to communicate work-related information to employees and is
184	184	5 able to be regularly accessed by all employees, freely and
185	185	6 without interference. Employers shall be furnished copies of
186	186	7 such summaries and regulations by the State on request without
187	187	8 charge.
188	188	9 (Source: P.A. 77-1451.)
189	189	10 (820 ILCS 105/12) (from Ch. 48, par. 1012)
190	190	11 Sec. 12. (a) If any employee is paid by his employer less
191	191	12 than the wage to which he is entitled under the provisions of
192	192	13 this Act, the employee may recover in a civil action treble the
193	193	14 amount of any such underpayments together with costs and such
194	194	15 reasonable attorney's fees as may be allowed by the Court, and
195	195	16 damages of 5% of the amount of any such underpayments for each
196	196	17 month following the date of payment during which such
197	197	18 underpayments remain unpaid. Any agreement between the
198	198	19 employee and the employer to work for less than such wage is no
199	199	20 defense to such action. At the request of the employee or on
200	200	21 motion of the Director of Labor, the Department of Labor may
201	201	22 make an assignment of such wage claim in trust for the
202	202	23 assigning employee and may bring any legal action necessary to
203	203	24 collect such claim, and the employer shall be required to pay
204	204	25 the costs incurred in collecting such claim. Every such action
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215	215	1 shall be brought within 3 years from the date of the
216	216	2 underpayment. Such employer shall be liable to the Department
217	217	3 of Labor for a penalty in an amount of up to 20% of the total
218	218	4 employer's underpayment where the employer's conduct is proven
219	219	5 by a preponderance of the evidence to be willful, repeated, or
220	220	6 with reckless disregard of this Act or any rule adopted under
221	221	7 this Act. Such employer shall be liable to the Department for
222	222	8 an additional penalty of $1,500. All administrative penalties
223	223	9 ordered under this Act shall be paid by certified check, money
224	224	10 order, or by an electronic payment system designated by the
225	225	11 Department, and shall be made , payable to or deposited into
226	226	12 the Department's Wage Theft Enforcement Fund. Such employer
227	227	13 shall be additionally liable to the employee for damages in
228	228	14 the amount of 5% of the amount of any such underpayments for
229	229	15 each month following the date of payment during which such
230	230	16 underpayments remain unpaid. These penalties and damages may
231	231	17 be recovered in a civil action brought by the Director of Labor
232	232	18 in any circuit court. In any such action, the Director of Labor
233	233	19 shall be represented by the Attorney General.
234	234	20 If an employee collects damages of 5% of the amount of
235	235	21 underpayments as a result of an action brought by the Director
236	236	22 of Labor, the employee may not also collect those damages in a
237	237	23 private action brought by the employee for the same violation.
238	238	24 If an employee collects damages of 5% of the amount of
239	239	25 underpayments in a private action brought by the employee, the
240	240	26 employee may not also collect those damages as a result of an
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251	251	1 action brought by the Director of Labor for the same
252	252	2 violation.
253	253	3 (b) If an employee has not collected damages under
254	254	4 subsection (a) for the same violation, the Director is
255	255	5 authorized to supervise the payment of the unpaid minimum
256	256	6 wages and the unpaid overtime compensation owing to any
257	257	7 employee or employees under Sections 4 and 4a of this Act and
258	258	8 may bring any legal action necessary to recover the amount of
259	259	9 the unpaid minimum wages and unpaid overtime compensation and
260	260	10 an equal additional amount as damages, and the employer shall
261	261	11 be required to pay the costs incurred in collecting such
262	262	12 claim. Such employer shall be additionally liable to the
263	263	13 Department of Labor for up to 20% of the total employer's
264	264	14 underpayment where the employer's conduct is proven by a
265	265	15 preponderance of the evidence to be willful, repeated, or with
266	266	16 reckless disregard of this Act or any rule adopted under this
267	267	17 Act. Such employer shall be liable to the Department of Labor
268	268	18 for an additional penalty of $1,500, payable to the
269	269	19 Department's Wage Theft Enforcement Fund. The action shall be
270	270	20 brought within 5 years from the date of the failure to pay the
271	271	21 wages or compensation. Any sums thus recovered by the Director
272	272	22 on behalf of an employee pursuant to this subsection shall be
273	273	23 paid to the employee or employees affected. Any sums which,
274	274	24 more than one year after being thus recovered, the Director is
275	275	25 unable to pay to an employee shall be deposited into the
276	276	26 General Revenue Fund.
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287	287	1 (Source: P.A. 101-1, eff. 2-19-19.)
288	288	2 Section 25. The Equal Pay Act of 2003 is amended by
289	289	3 changing Sections 11, 30, and 40, and by adding Section 33 as
290	290	4 follows:
291	291	5 (820 ILCS 112/11)
292	292	6 Sec. 11. Equal pay registration certificate requirements;
293	293	7 application. For the purposes of this Section 11 only,
294	294	8 "business" means any private employer who has 100 or more
295	295	9 employees in the State of Illinois and is required to file an
296	296	10 Annual Employer Information Report EEO-1 with the Equal
297	297	11 Employment Opportunity Commission, but does not include the
298	298	12 State of Illinois or any political subdivision, municipal
299	299	13 corporation, or other governmental unit or agency.
300	300	14 (a) A business must obtain an equal pay registration
301	301	15 certificate from the Department.
302	302	16 (b) Any business subject to the requirements of this
303	303	17 Section that is authorized to transact business in this State
304	304	18 on March 23, 2021 shall submit an application to obtain an
305	305	19 equal pay registration certificate, between March 24, 2022 and
306	306	20 March 23, 2024, and must recertify every 2 years thereafter.
307	307	21 Any business subject to the requirements of this Section that
308	308	22 is authorized to transact business in this State after March
309	309	23 23, 2021 must submit an application to obtain an equal pay
310	310	24 registration certificate within 3 years of commencing business
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321	321	1 operations, but not before January 1, 2024, and must recertify
322	322	2 every 2 years thereafter. The Department shall collect contact
323	323	3 information from each business subject to this Section. The
324	324	4 Department shall assign each business a date by which it must
325	325	5 submit an application to obtain an equal pay registration
326	326	6 certificate. The business shall recertify every 2 years at a
327	327	7 date to be determined by the Department. When a business
328	328	8 receives a notice from the Department to recertify for its
329	329	9 equal pay registration certificate, if the business has fewer
330	330	10 than 100 employees, the business must certify in writing to
331	331	11 the Department that it is exempt from this Section. Any new
332	332	12 business that is subject to this Section and authorized to
333	333	13 conduct business in this State, after the effective date of
334	334	14 this amendatory Act of the 102nd General Assembly, shall
335	335	15 submit its contact information to the Department by January 1
336	336	16 of the following year and shall be assigned a date by which it
337	337	17 must submit an application to obtain an equal pay registration
338	338	18 certificate. The Department's failure to assign a business a
339	339	19 registration date does not exempt the business from compliance
340	340	20 with this Section. The failure of the Department to notify a
341	341	21 business of its recertification deadline may be a mitigating
342	342	22 factor when making a determination of a violation of this
343	343	23 Section.
344	344	24 (c) Application.
345	345	25 (1) A business shall apply for an equal pay
346	346	26 registration certificate by paying a $150 filing fee and
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357	357	1 submitting wage records and an equal pay compliance
358	358	2 statement to the Director as follows:
359	359	3 (A) Wage Records. Any business that is required to
360	360	4 file an annual Employer Information Report EEO-1 with
361	361	5 the Equal Employment Opportunity Commission must also
362	362	6 submit to the Director a copy of the business's most
363	363	7 recently filed Employer Information Report EEO-1. The
364	364	8 business shall also compile a list of all employees
365	365	9 during the past calendar year, separated by gender and
366	366	10 the race and ethnicity categories as reported in the
367	367	11 business's most recently filed Employer Information
368	368	12 Report EEO-1, and the county in which the employee
369	369	13 works, the date the employee started working for the
370	370	14 business, any other information the Department deems
371	371	15 necessary to determine if pay equity exists among
372	372	16 employees, and report the total wages as defined by
373	373	17 Section 2 of the Illinois Wage Payment and Collection
374	374	18 Act paid to each employee during the past calendar
375	375	19 year, rounded to the nearest $100, to the Director.
376	376	20 (B) Equal Pay Compliance Statement. The business
377	377	21 must submit a statement signed by a corporate officer,
378	378	22 legal counsel, or authorized agent of the business
379	379	23 certifying:
380	380	24 (i) that the business is in compliance with
381	381	25 this Act and other relevant laws, including but
382	382	26 not limited to: Title VII of the Civil Rights Act
383	383
384	384
385	385
386	386
387	387
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389	389
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393	393	1 of 1964, the Equal Pay Act of 1963, the Illinois
394	394	2 Human Rights Act, and the Equal Wage Act;
395	395	3 (ii) that the average compensation for its
396	396	4 female and minority employees is not consistently
397	397	5 below the average compensation, as determined by
398	398	6 rule by the United States Department of Labor, for
399	399	7 its male and non-minority employees within each of
400	400	8 the major job categories in the Employer
401	401	9 Information Report EEO-1 for which an employee is
402	402	10 expected to perform work, taking into account
403	403	11 factors such as length of service, requirements of
404	404	12 specific jobs, experience, skill, effort,
405	405	13 responsibility, working conditions of the job,
406	406	14 education or training, job location, use of a
407	407	15 collective bargaining agreement, or other
408	408	16 mitigating factors; as used in this subparagraph,
409	409	17 "minority" has the meaning ascribed to that term
410	410	18 in paragraph (1) of subsection (A) of Section 2 of
411	411	19 the Business Enterprise for Minorities, Women, and
412	412	20 Persons with Disabilities Act;
413	413	21 (iii) that the business does not restrict
414	414	22 employees of one sex to certain job
415	415	23 classifications, and makes retention and promotion
416	416	24 decisions without regard to sex;
417	417	25 (iv) that wage and benefit disparities are
418	418	26 corrected when identified to ensure compliance
419	419
420	420
421	421
422	422
423	423
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429	429	1 with the Acts cited in item (i);
430	430	2 (v) how often wages and benefits are
431	431	3 evaluated; and
432	432	4 (vi) the approach the business takes in
433	433	5 determining what level of wages and benefits to
434	434	6 pay its employees; acceptable approaches include,
435	435	7 but are not limited to, a wage and salary survey.
436	436	8 (C) Filing fee. The business shall pay to the
437	437	9 Department a filing fee of $150. Proceeds from the
438	438	10 fees collected under this Section shall be deposited
439	439	11 into the Equal Pay Registration Fund, a special fund
440	440	12 created in the State treasury. Moneys in the Fund
441	441	13 shall be appropriated to the Department for the
442	442	14 purposes of this Section.
443	443	15 (2) Receipt of the equal pay compliance application
444	444	16 and statement by the Director does not establish
445	445	17 compliance with the Acts set forth in item (i) of
446	446	18 subparagraph (B) of paragraph (1) of this subsection (c).
447	447	19 (3) A business that has employees in multiple
448	448	20 locations or facilities in Illinois shall submit a single
449	449	21 application to the Department regarding all of its
450	450	22 operations in Illinois.
451	451	23 (d) Issuance or rejection of registration certificate.
452	452	24 After January 1, 2022, the Director must issue an equal pay
453	453	25 registration certificate, or a statement of why the
454	454	26 application was rejected, within 45 calendar days of receipt
455	455
456	456
457	457
458	458
459	459
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461	461
462	462
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465	465	1 of the application. Applicants shall have the opportunity to
466	466	2 cure any deficiencies in its application that led to the
467	467	3 rejection, and re-submit the revised application to the
468	468	4 Department within 30 calendar days of receiving a rejection.
469	469	5 Applicants shall have the ability to appeal rejected
470	470	6 applications. An application may be rejected only if it does
471	471	7 not comply with the requirements of subsection (c), or the
472	472	8 business is otherwise found to be in violation of this Act. The
473	473	9 receipt of an application by the Department, or the issuance
474	474	10 of a registration certificate by the Department, shall not
475	475	11 establish compliance with the Equal Pay Act of 2003 as to all
476	476	12 Sections except Section 11. The issuance of a registration
477	477	13 certificate shall not be a defense against any Equal Pay Act
478	478	14 violation found by the Department, nor a basis for mitigation
479	479	15 of damages.
480	480	16 (e) Revocation of registration certificate. An equal pay
481	481	17 registration certificate for a business may be suspended or
482	482	18 revoked by the Director when the business fails to make a good
483	483	19 faith effort to comply with the Acts identified in item (i) of
484	484	20 subparagraph (B) of paragraph (1) of subsection (c), fails to
485	485	21 make a good faith effort to comply with this Section, or has
486	486	22 multiple violations of this Section or the Acts identified in
487	487	23 item (i) of subparagraph (B) of paragraph (1) of subsection
488	488	24 (c). Prior to suspending or revoking a registration
489	489	25 certificate, the Director must first have sought to conciliate
490	490	26 with the business regarding wages and benefits due to
491	491
492	492
493	493
494	494
495	495
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497	497
498	498
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501	501	1 employees.
502	502	2 Consistent with Section 25, prior to or in connection with
503	503	3 the suspension or revocation of an equal pay registration
504	504	4 certificate, the Director, or his or her authorized
505	505	5 representative, may interview workers, administer oaths, take
506	506	6 or cause to be taken the depositions of witnesses, and require
507	507	7 by subpoena the attendance and testimony of witnesses, and the
508	508	8 production of personnel and compensation information relative
509	509	9 to the matter under investigation, hearing or a
510	510	10 department-initiated audit.
511	511	11 Neither the Department nor the Director shall be held
512	512	12 liable for good faith errors in issuing, denying, suspending
513	513	13 or revoking certificates.
514	514	14 (f) Administrative review. A business may obtain an
515	515	15 administrative hearing in accordance with the Illinois
516	516	16 Administrative Procedure Act before the suspension or
517	517	17 revocation of its certificate or imposition of civil penalties
518	518	18 as provided by subsection (i) is effective by filing a written
519	519	19 request for hearing within 20 calendar days after service of
520	520	20 notice by the Director.
521	521	21 (g) Technical assistance. The Director must provide
522	522	22 technical assistance to any business that requests assistance
523	523	23 regarding this Section.
524	524	24 (h) Access to data.
525	525	25 (1) Any individually identifiable information
526	526	26 submitted to the Director within or related to an equal
527	527
528	528
529	529
530	530
531	531
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533	533
534	534
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536	536	SB2280 - 14 - LRB103 30715 SPS 57190 b
537	537	1 pay registration application or otherwise provided by an
538	538	2 employer in its equal pay compliance statement under
539	539	3 subsection (c) shall be considered confidential
540	540	4 information and not subject to disclosure pursuant to the
541	541	5 Illinois Freedom of Information Act. As used in this
542	542	6 Section, "individually identifiable information" means
543	543	7 data submitted pursuant to this Section that is associated
544	544	8 with a specific person or business. Aggregate data or
545	545	9 reports that are reasonably calculated to prevent the
546	546	10 association of any data with any individual business or
547	547	11 person are not confidential information. Aggregate data
548	548	12 shall include the job category and the average hourly wage
549	549	13 by county for each gender, race, and ethnicity category on
550	550	14 the registration certificate applications. The Department
551	551	15 of Labor may compile aggregate data from registration
552	552	16 certificate applications.
553	553	17 (2) The Director's decision to issue, not issue,
554	554	18 revoke, or suspend an equal pay registration certificate
555	555	19 is public information.
556	556	20 (3) Notwithstanding this subsection (h), a current
557	557	21 employee of a covered business may request anonymized data
558	558	22 regarding their job classification or title and the pay
559	559	23 for that classification. No individually identifiable
560	560	24 information may be provided to an employee making a
561	561	25 request under this paragraph.
562	562	26 (4) Notwithstanding this subsection (h), the
563	563
564	564
565	565
566	566
567	567
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569	569
570	570
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573	573	1 Department may share data and identifiable information
574	574	2 with the Department of Human Rights, pursuant to its
575	575	3 enforcement of Article 2 of the Illinois Human Rights Act,
576	576	4 or the Office of the Attorney General, pursuant to its
577	577	5 enforcement of Section 10-104 of the Illinois Human Rights
578	578	6 Act.
579	579	7 (5) Any Department employee who willfully and
580	580	8 knowingly divulges, except in accordance with a proper
581	581	9 judicial order or otherwise provided by law, confidential
582	582	10 information received by the Department from any business
583	583	11 pursuant to this Act shall be deemed to have violated the
584	584	12 State Officials and Employees Ethics Act and be subject to
585	585	13 the penalties established under subsections (e) and (f) of
586	586	14 Section 50-5 of that Act after investigation and
587	587	15 opportunity for hearing before the Executive Ethics
588	588	16 Commission in accordance with Section 20-50 of that Act.
589	589	17 (i) Penalty. Falsification or misrepresentation of
590	590	18 information on an application submitted to the Department
591	591	19 shall constitute a violation of this Act and the Department
592	592	20 may seek to suspend or revoke an equal pay registration
593	593	21 certificate or impose civil penalties as provided under
594	594	22 subsection (c) of Section 30.
595	595	23 (Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
596	596	24 102-705, eff. 4-22-22.)
597	597	25 (820 ILCS 112/30)
598	598
599	599
600	600
601	601
602	602
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604	604
605	605
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608	608	1 Sec. 30. Violations; fines and penalties.
609	609	2 (a) If an employee is paid by his or her employer less than
610	610	3 the wage to which he or she is entitled in violation of Section
611	611	4 10 or 11 of this Act, the employee may recover in a civil
612	612	5 action the entire amount of any underpayment together with
613	613	6 interest, compensatory damages if the employee demonstrates
614	614	7 that the employer acted with malice or reckless indifference,
615	615	8 punitive damages as may be appropriate, injunctive relief as
616	616	9 may be appropriate, and the costs and reasonable attorney's
617	617	10 fees as may be allowed by the court and as necessary to make
618	618	11 the employee whole. At the request of the employee or on a
619	619	12 motion of the Director, the Department may make an assignment
620	620	13 of the wage claim in trust for the assigning employee and may
621	621	14 bring any legal action necessary to collect the claim, and the
622	622	15 employer shall be required to pay the costs incurred in
623	623	16 collecting the claim. Every such action shall be brought
624	624	17 within 5 years from the date of the underpayment. For purposes
625	625	18 of this Act, "date of the underpayment" means each time wages
626	626	19 are underpaid.
627	627	20 (a-5) If an employer violates subsection (b), (b-5),
628	628	21 (b-10), or (b-20) of Section 10, the employee may recover in a
629	629	22 civil action any damages incurred, special damages not to
630	630	23 exceed $10,000, injunctive relief as may be appropriate, and
631	631	24 costs and reasonable attorney's fees as may be allowed by the
632	632	25 court and as necessary to make the employee whole. If special
633	633	26 damages are available, an employee may recover compensatory
634	634
635	635
636	636
637	637
638	638
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640	640
641	641
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643	643	SB2280 - 17 - LRB103 30715 SPS 57190 b
644	644	1 damages only to the extent such damages exceed the amount of
645	645	2 special damages. Such action shall be brought within 5 years
646	646	3 from the date of the violation.
647	647	4 (b) The Director is authorized to supervise the payment of
648	648	5 the unpaid wages under subsection (a) or damages under
649	649	6 subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
650	650	7 to any employee or employees under this Act and may bring any
651	651	8 legal action necessary to recover the amount of unpaid wages,
652	652	9 damages, and penalties or to seek injunctive relief, and the
653	653	10 employer shall be required to pay the costs. Any sums
654	654	11 recovered by the Director on behalf of an employee under this
655	655	12 Section shall be paid to the employee or employees affected.
656	656	13 (c) Employers who violate any provision of this Act or any
657	657	14 rule adopted under the Act are subject to a civil penalty,
658	658	15 payable to the Department, for each employee affected as
659	659	16 follows:
660	660	17 (1) An employer with fewer than 4 employees: first
661	661	18 offense, a fine not to exceed $500; second offense, a fine
662	662	19 not to exceed $2,500; third or subsequent offense, a fine
663	663	20 not to exceed $5,000.
664	664	21 (2) An employer with between 4 and 99 employees: first
665	665	22 offense, a fine not to exceed $2,500; second offense, a
666	666	23 fine not to exceed $3,000; third or subsequent offense, a
667	667	24 fine not to exceed $5,000.
668	668	25 (3) An employer with 100 or more employees who
669	669	26 violates any Section of this Act except for Section 11
670	670
671	671
672	672
673	673
674	674
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676	676
677	677
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680	680	1 shall be fined up to $10,000 per employee affected. An
681	681	2 employer with 100 or more employees that is a business as
682	682	3 defined under Section 11 and commits a violation of
683	683	4 Section 11 shall be fined up to $10,000.
684	684	5 Before any imposition of a penalty under this subsection,
685	685	6 an employer with 100 or more employees who violates item (b) of
686	686	7 Section 11 and inadvertently fails to file an initial
687	687	8 application or recertification shall be provided 30 calendar
688	688	9 days by the Department to submit the application or
689	689	10 recertification.
690	690	11 An employer or person who violates subsection (b), (b-5),
691	691	12 (b-10), (b-20), or (c) of Section 10 is subject to a civil
692	692	13 penalty not to exceed $5,000 for each violation for each
693	693	14 employee affected, payable to the Department.
694	694	15 (d) In determining the amount of the penalty, the
695	695	16 appropriateness of the penalty to the size of the business of
696	696	17 the employer charged and the gravity of the violation shall be
697	697	18 considered. The penalty may be recovered in a civil action
698	698	19 brought by the Director in any circuit court.
699	699	20 (Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
700	700	21 (820 ILCS 112/33 new)
701	701	22 Sec. 33. Equal Pay Fund. All moneys owed to the Department
702	702	23 under this Act shall be deposited into the Equal Pay Fund and
703	703	24 may be appropriated to the Department for the administration
704	704	25 and enforcement of this Act.
705	705
706	706
707	707
708	708
709	709
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711	711
712	712
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715	715	1 (820 ILCS 112/40)
716	716	2 Sec. 40. Notification. Every employer covered by this Act
717	717	3 shall post and keep posted, in conspicuous places on the
718	718	4 premises of the employer where notices to employees are
719	719	5 customarily posted, a notice, to be prepared or approved by
720	720	6 the Director, summarizing the requirements of this Act and
721	721	7 information pertaining to the filing of a charge. Every
722	722	8 employer with employees who do not regularly report to a
723	723	9 physical workplace, such as employees who work remotely or
724	724	10 travel for work, shall also provide the summary and notice by
725	725	11 email to its employees or conspicuous posting on the
726	726	12 employer's website or intranet site, if such site is regularly
727	727	13 used by the employer to communicate work-related information
728	728	14 to employees and is able to be regularly accessed by all
729	729	15 employees, freely and without interference. The Director shall
730	730	16 furnish copies of summaries and rules to employers upon
731	731	17 request without charge.
732	732	18 (Source: P.A. 93-6, eff. 1-1-04.)
733	733	19 Section 30. The Illinois Wage Payment and Collection Act
734	734	20 is amended by changing Sections 3 and 11 as follows:
735	735	21 (820 ILCS 115/3) (from Ch. 48, par. 39m-3)
736	736	22 Sec. 3. Every employer shall be required, at least
737	737	23 semi-monthly, to pay every employee all wages earned during
738	738
739	739
740	740
741	741
742	742
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744	744
745	745
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748	748	1 the semi-monthly pay period. Wages of executive,
749	749	2 administrative and professional employees, as defined in the
750	750	3 Federal Fair Labor Standards Act of 1939, may be paid once a
751	751	4 month. Commissions may be paid once a month. At the request of
752	752	5 a person employed by an employment or labor placement agency
753	753	6 which, in the ordinary course of business, makes daily wage
754	754	7 payments to employees, the agency shall hold the daily wages
755	755	8 and make either weekly or semi-monthly payments. Upon the
756	756	9 written request of the employee, the wage shall be paid in a
757	757	10 single check representing the wages earned during the period,
758	758	11 either weekly or semi-monthly, designated by the employee in
759	759	12 accordance with Section 4 of this Act. Employment and labor
760	760	13 placement agencies that make daily wage payments shall provide
761	761	14 written notification to all daily wage payment employees of
762	762	15 the right to request weekly or semi-monthly checks. The
763	763	16 employer may provide this notice by conspicuously posting the
764	764	17 notice at the location where the wages are received by the
765	765	18 daily wage employees. Every employer with employees who do not
766	766	19 regularly report to a physical workplace, such as employees
767	767	20 who work remotely or travel for work, shall also provide the
768	768	21 summary and notice by email to its employees or conspicuous
769	769	22 posting on the employer's website or intranet site, if such
770	770	23 site is regularly used by the employer to communicate
771	771	24 work-related information to employees and is able to be
772	772	25 regularly accessed by all employees, freely and without
773	773	26 interference.
774	774
775	775
776	776
777	777
778	778
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780	780
781	781
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784	784	1 (Source: P.A. 89-364, eff. 8-18-95.)
785	785	2 (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
786	786	3 Sec. 11. It shall be the duty of the Department of Labor to
787	787	4 inquire diligently for any violations of this Act, and to
788	788	5 institute the actions for violations and penalties herein
789	789	6 provided, at the request of the employee or on motion of the
790	790	7 Director of Labor, and to enforce generally the provisions of
791	791	8 this Act.
792	792	9 An employee may file a complaint with the Department
793	793	10 alleging violations of the Act by submitting a signed,
794	794	11 completed wage claim application on the form provided by the
795	795	12 Department and by submitting copies of all supporting
796	796	13 documentation. Complaints shall be filed within one year after
797	797	14 the wages, final compensation, or wage supplements were due.
798	798	15 Wage claim applications Applications shall be reviewed by
799	799	16 the Department to determine whether there is cause and
800	800	17 sufficient resources for investigation.
801	801	18 The Department shall have the following powers:
802	802	19 (a) To investigate and attempt equitably to adjust
803	803	20 controversies between employees and employers in respect
804	804	21 of wage claims arising under this Act and to that end the
805	805	22 Department through the Director of Labor or any other
806	806	23 person in the Department of Labor designated by him or
807	807	24 her, shall have the power to administer oaths, subpoena
808	808	25 and examine witnesses, to issue subpoenas duces tecum
809	809
810	810
811	811
812	812
813	813
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815	815
816	816
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818	818	SB2280 - 22 - LRB103 30715 SPS 57190 b
819	819	1 requiring the production of such books, papers, records
820	820	2 and documents as may be evidence of any matter under
821	821	3 inquiry and to examine and inspect the same as may relate
822	822	4 to the question in dispute. Service of such subpoenas
823	823	5 shall be made by any sheriff or any person. Any court in
824	824	6 this State, upon the application of the Department may
825	825	7 compel attendance of witnesses, the production of books
826	826	8 and papers, and the giving of testimony before the
827	827	9 Department by attachment for contempt or in any other way
828	828	10 as the production of evidence may be compelled before such
829	829	11 court.
830	830	12 (b) To take assignments of wage claims in the name of
831	831	13 the Director of Labor and his or her successors in office
832	832	14 and prosecute actions for the collection of wages for
833	833	15 persons financially unable to prosecute such claims when
834	834	16 in the judgment of the Department such claims are valid
835	835	17 and enforceable in the courts. No court costs or any fees
836	836	18 for necessary process and proceedings shall be payable in
837	837	19 advance by the Department for prosecuting such actions. In
838	838	20 the event there is a judgment rendered against the
839	839	21 defendant, the court shall assess as part of such judgment
840	840	22 the costs of such proceeding. Upon collection of such
841	841	23 judgments the Department shall pay from the proceeds of
842	842	24 such judgment such costs to such person who is by law
843	843	25 entitled to same. The Department may join in a single
844	844	26 proceeding any number of wage claims against the same
845	845
846	846
847	847
848	848
849	849
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851	851
852	852
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855	855	1 employer but the court shall have discretionary power to
856	856	2 order a severance or separate trial for hearings.
857	857	3 (c) To make complaint in any court of competent
858	858	4 jurisdiction of violations of this Act.
859	859	5 (d) In addition to the aforementioned powers, subject
860	860	6 to appropriation, the Department may establish an
861	861	7 administrative procedure to adjudicate claims and to issue
862	862	8 final and binding administrative decisions on such claims
863	863	9 subject to the Administrative Review Law. To establish
864	864	10 such a procedure, the Director of Labor or her or his
865	865	11 authorized representative may promulgate rules and
866	866	12 regulations. The adoption, amendment or rescission of
867	867	13 rules and regulations for such a procedure shall be in
868	868	14 conformity with the requirements of the Illinois
869	869	15 Administrative Procedure Act. If a final and binding
870	870	16 administrative decision issued by the Department requires
871	871	17 an employer or other party to pay wages, penalties, or
872	872	18 other amounts in connection with a wage claim, and the
873	873	19 employer or other party has neither: (i) made the required
874	874	20 payment within 35 days of the issuance of the final and
875	875	21 binding administrative decision; nor (ii) timely filed a
876	876	22 complaint seeking review of the final and binding
877	877	23 administrative decision pursuant to the Administrative
878	878	24 Review Law in a court of competent jurisdiction, the
879	879	25 Department may file a verified petition against the
880	880	26 employer or other party to enforce the final
881	881
882	882
883	883
884	884
885	885
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887	887
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890	890	SB2280 - 24 - LRB103 30715 SPS 57190 b
891	891	1 administrative decision and to collect any amounts due in
892	892	2 connection therewith in the circuit court of any county
893	893	3 where an official office of the Department is located.
894	894	4 Nothing herein shall be construed to prevent any employee
895	895	5 from making complaint or prosecuting his or her own claim for
896	896	6 wages. Any employee aggrieved by a violation of this Act or any
897	897	7 rule adopted under this Act may file suit in circuit court of
898	898	8 Illinois, in the county where the alleged violation occurred
899	899	9 or where any employee who is party to the action resides,
900	900	10 without regard to exhaustion of any alternative administrative
901	901	11 remedies provided in this Act. Actions may be brought by one or
902	902	12 more employees for and on behalf of themselves and other
903	903	13 employees similarly situated.
904	904	14 Nothing herein shall be construed to limit the authority
905	905	15 of the State's attorney of any county to prosecute actions for
906	906	16 violation of this Act or to enforce the provisions thereof
907	907	17 independently and without specific direction of the Department
908	908	18 of Labor.
909	909	19 (Source: P.A. 101-509, eff. 1-1-20.)
910	910	20 (820 ILCS 125/Act rep.)
911	911	21 Section 35. The Wages of Women and Minors Act is repealed.
912	912	22 Section 40. The Day and Temporary Labor Services Act is
913	913	23 amended by changing Section 45 as follows:
914	914
915	915
916	916
917	917
918	918
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920	920
921	921
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923	923	SB2280 - 25 - LRB103 30715 SPS 57190 b
924	924	1 (820 ILCS 175/45)
925	925	2 Sec. 45. Registration; Department of Labor.
926	926	3 (a) A day and temporary labor service agency which is
927	927	4 located, operates or transacts business within this State
928	928	5 shall register with the Department of Labor in accordance with
929	929	6 rules adopted by the Department for day and temporary labor
930	930	7 service agencies and shall be subject to this Act and any rules
931	931	8 adopted under this Act. Each day and temporary labor service
932	932	9 agency shall provide proof of an employer account number
933	933	10 issued by the Department of Employment Security for the
934	934	11 payment of unemployment insurance contributions as required
935	935	12 under the Unemployment Insurance Act, and proof of valid
936	936	13 workers' compensation insurance in effect at the time of
937	937	14 registration covering all of its employees. If, at any time, a
938	938	15 day and temporary labor service agency's workers' compensation
939	939	16 insurance coverage lapses, the agency shall have an
940	940	17 affirmative duty to report the lapse of such coverage to the
941	941	18 Department and the agency's registration shall be suspended
942	942	19 until the agency's workers' compensation insurance is
943	943	20 reinstated. The Department may assess each day and temporary
944	944	21 labor service agency a non-refundable registration fee not
945	945	22 exceeding $1,000 per year per agency and a non-refundable fee
946	946	23 not to exceed $250 for each branch office or other location
947	947	24 where the agency regularly contracts with day or temporary
948	948	25 laborers for services. The fee may be paid by check, money
949	949	26 order, or the State Treasurer's E-Pay program or any successor
950	950
951	951
952	952
953	953
954	954
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956	956
957	957
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959	959	SB2280 - 26 - LRB103 30715 SPS 57190 b
960	960	1 program, and the Department may not refuse to accept a check on
961	961	2 the basis that it is not a certified check or a cashier's
962	962	3 check. The Department may charge an additional fee to be paid
963	963	4 by a day and temporary labor service agency if the agency, or
964	964	5 any person on the agency's behalf, issues or delivers a check
965	965	6 to the Department that is not honored by the financial
966	966	7 institution upon which it is drawn. The Department shall also
967	967	8 adopt rules for violation hearings and penalties for
968	968	9 violations of this Act or the Department's rules in
969	969	10 conjunction with the penalties set forth in this Act.
970	970	11 (a-1) At the time of registration with the Department of
971	971	12 Labor each year, the day and temporary labor service agency
972	972	13 shall submit to the Department of Labor a report containing
973	973	14 the information identified in paragraph (9) of subsection (a)
974	974	15 of Section 12, broken down by branch office, in the aggregate
975	975	16 for all day or temporary laborers assigned within Illinois and
976	976	17 subject to this Act during the preceding year. This
977	977	18 information shall be submitted on a form created by the
978	978	19 Department of Labor. The Department of Labor shall aggregate
979	979	20 the information submitted by all registering day and temporary
980	980	21 labor service agencies by removing identifying data and shall
981	981	22 have the information available to the public only on a
982	982	23 municipal and county basis. As used in this paragraph,
983	983	24 "identifying data" means any and all information that: (i)
984	984	25 provides specific information on individual worker identity;
985	985	26 (ii) identifies the service agency in any manner; and (iii)
986	986
987	987
988	988
989	989
990	990
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992	992
993	993
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995	995	SB2280 - 27 - LRB103 30715 SPS 57190 b
996	996	1 identifies clients utilizing the day and temporary labor
997	997	2 service agency or any other information that can be traced
998	998	3 back to any specific registering day and temporary labor
999	999	4 service agency or its client. The information and reports
1000	1000	5 submitted to the Department of Labor under this subsection by
1001	1001	6 the registering day and temporary labor service agencies are
1002	1002	7 exempt from inspection and copying under Section 7.5 of the
1003	1003	8 Freedom of Information Act.
1004	1004	9 (b) It is a violation of this Act to operate a day and
1005	1005	10 temporary labor service agency without first registering with
1006	1006	11 the Department in accordance with subsection (a) of this
1007	1007	12 Section. The Department shall create and maintain at regular
1008	1008	13 intervals on its website, accessible to the public: (1) a list
1009	1009	14 of all registered day and temporary labor service agencies in
1010	1010	15 the State whose registration is in good standing; (2) a list of
1011	1011	16 day and temporary labor service agencies in the State whose
1012	1012	17 registration has been suspended, including the reason for the
1013	1013	18 suspension, the date the suspension was initiated, and the
1014	1014	19 date, if known, the suspension is to be lifted; and (3) a list
1015	1015	20 of day and temporary labor service agencies in the State whose
1016	1016	21 registration has been revoked, including the reason for the
1017	1017	22 revocation and the date the registration was revoked. The
1018	1018	23 Department has the authority to assess a penalty against any
1019	1019	24 day and temporary labor service agency that fails to register
1020	1020	25 with the Department of Labor in accordance with this Act or any
1021	1021	26 rules adopted under this Act of $500 for each violation. Each
1022	1022
1023	1023
1024	1024
1025	1025
1026	1026
1027	1027	SB2280 - 27 - LRB103 30715 SPS 57190 b
1028	1028
1029	1029
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1032	1032	1 day during which a day and temporary labor service agency
1033	1033	2 operates without registering with the Department shall be a
1034	1034	3 separate and distinct violation of this Act.
1035	1035	4 (c) An applicant is not eligible to register to operate a
1036	1036	5 day and temporary labor service agency under this Act if the
1037	1037	6 applicant or any of its officers, directors, partners, or
1038	1038	7 managers or any owner of 25% or greater beneficial interest:
1039	1039	8 (1) has been involved, as owner, officer, director,
1040	1040	9 partner, or manager, of any day and temporary labor
1041	1041	10 service agency whose registration has been revoked or has
1042	1042	11 been suspended without being reinstated within the 5 years
1043	1043	12 immediately preceding the filing of the application; or
1044	1044	13 (2) is under the age of 18.
1045	1045	14 (d) Every agency shall post and keep posted at each
1046	1046	15 location, in a position easily accessible to all day or
1047	1047	16 temporary laborers employees, notices as supplied and required
1048	1048	17 by the Department containing a copy or summary of the
1049	1049	18 provisions of the Act and a notice which informs the public of
1050	1050	19 a toll-free telephone number for day or temporary laborers and
1051	1051	20 the public to file wage dispute complaints and other alleged
1052	1052	21 violations by day and temporary labor service agencies. Every
1053	1053	22 day and temporary labor service agency employing day or
1054	1054	23 temporary laborers who communicate with the day and temporary
1055	1055	24 labor service agency by electronic communication shall also
1056	1056	25 provide all required notices by email to its day or temporary
1057	1057	26 laborers or on a website, regularly used by the employer to
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062
1063	1063	SB2280 - 28 - LRB103 30715 SPS 57190 b
1064	1064
1065	1065
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1068	1068	1 communicate work-related information, that all day or
1069	1069	2 temporary laborers are able to regularly access, freely and
1070	1070	3 without interference. Such notices shall be in English and or
1071	1071	4 any other language generally understood in the locale of the
1072	1072	5 day and temporary labor service agency.
1073	1073	6 (Source: P.A. 100-517, eff. 6-1-18.)
1074	1074	7 Section 45. The Child Labor Law is amended by changing
1075	1075	8 Sections 5, 17, and 17.3 as follows:
1076	1076	9 (820 ILCS 205/5) (from Ch. 48, par. 31.5)
1077	1077	10 Sec. 5. Every employer covered by this Act shall post in a
1078	1078	11 conspicuous place where minors under 16 years of age are
1079	1079	12 employed, or allowed to work, a printed summary abstract of
1080	1080	13 this Act and a list of the occupations prohibited to such
1081	1081	14 minors, to be furnished by the Department of Labor. Such
1082	1082	15 employers shall post in a conspicuous place where minors under
1083	1083	16 16 years of age are employed, or allowed to work a printed
1084	1084	17 notice stating the hours of commencing and stopping work, the
1085	1085	18 hours when the time or times allowed for dinner or other meals,
1086	1086	19 begin and end, and the Department's toll free telephone number
1087	1087	20 established under Section 17.4. An employer with employees who
1088	1088	21 do not regularly report to a physical workplace, such as
1089	1089	22 employees who work remotely or travel for work, shall also
1090	1090	23 provide the summary and notice by email to its employees or
1091	1091	24 conspicuous posting on the employer's website or intranet
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096
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1098	1098
1099	1099
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1102	1102	1 site, if such site is regularly used by the employer to
1103	1103	2 communicate work-related information to employees and is able
1104	1104	3 to be regularly accessed by all employees, freely and without
1105	1105	4 interference. The Department of Labor shall furnish this
1106	1106	5 printed summary form of such notice shall be furnished by the
1107	1107	6 Department of Labor.
1108	1108	7 (Source: P.A. 88-365.)
1109	1109	8 (820 ILCS 205/17) (from Ch. 48, par. 31.17)
1110	1110	9 Sec. 17. It shall be the duty of the Department of Labor to
1111	1111	10 enforce the provisions of this Act. The Department of Labor
1112	1112	11 shall have the power to conduct investigations in connection
1113	1113	12 with the administration and enforcement of this Act and the
1114	1114	13 authorized officers and employees of the Department of Labor
1115	1115	14 are hereby authorized and empowered, to visit and inspect, at
1116	1116	15 all reasonable times and as often as possible, all places
1117	1117	16 covered by this Act. Truant officers and other school
1118	1118	17 officials authorized by the board of education or school
1119	1119	18 directors shall report violations under this Act to the
1120	1120	19 Department of Labor, and may enter any place in which children
1121	1121	20 are, or are believed to be employed and inspect the work
1122	1122	21 certificates on file. Such truant officers or other school
1123	1123	22 officials also are authorized to file complaints against any
1124	1124	23 employer found violating the provisions of this Act in case no
1125	1125	24 complaints for such violations are pending; and when such
1126	1126	25 complaints are filed by truant officers or other school
1127	1127
1128	1128
1129	1129
1130	1130
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1133	1133
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1137	1137	1 officials the State's attorneys of this state shall appear for
1138	1138	2 the people, and attend to the prosecution of such complaints.
1139	1139	3 The Department of Labor shall conduct hearings in accordance
1140	1140	4 with "The Illinois Administrative Procedure Act", approved
1141	1141	5 September 22, 1975, as amended, upon written complaint by an
1142	1142	6 investigator of the Department of Labor, truant officer or
1143	1143	7 other school official, or any interested person of a violation
1144	1144	8 of the Act or to revoke any certificate under this Act. After
1145	1145	9 such hearing, if supported by the evidence, the Department of
1146	1146	10 Labor may issue and cause to be served on any party an order to
1147	1147	11 cease and desist from violation of the Act, take such further
1148	1148	12 affirmative or other action as deemed reasonable to eliminate
1149	1149	13 the effect of the violation, and may revoke any certificate
1150	1150	14 issued under the Act and determine the amount of any civil
1151	1151	15 penalty allowed by the Act. The Department may serve such
1152	1152	16 orders by regular mail, certified mail, or by sending a copy by
1153	1153	17 email to an email address previously designated by the party
1154	1154	18 for purposes of receiving notice under this Act. The Director
1155	1155	19 of Labor or his authorized representative may compel by
1156	1156	20 subpoena, the attendance and testimony of witnesses and the
1157	1157	21 production of books, payrolls, records, papers and other
1158	1158	22 evidence in any investigation or hearing and may administer
1159	1159	23 oaths to witnesses.
1160	1160	24 (Source: P.A. 80-1482.)
1161	1161	25 (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
1162	1162
1163	1163
1164	1164
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1172	1172	1 Sec. 17.3. Any employer who violates any of the provisions
1173	1173	2 of this Act or any rule or regulation issued under the Act
1174	1174	3 shall be subject to a civil penalty of not to exceed $5,000 for
1175	1175	4 each such violation. In determining the amount of such
1176	1176	5 penalty, the appropriateness of such penalty to the size of
1177	1177	6 the business of the employer charged and the gravity of the
1178	1178	7 violation shall be considered. The amount of such penalty,
1179	1179	8 when finally determined, may be
1180	1180	9 (1) recovered in a civil action brought by the
1181	1181	10 Director of Labor in any circuit court, in which
1182	1182	11 litigation the Director of Labor shall be represented by
1183	1183	12 the Attorney General;
1184	1184	13 (2) ordered by the court, in an action brought for
1185	1185	14 violation under Section 19, to be paid to the Director of
1186	1186	15 Labor.
1187	1187	16 Any administrative determination by the Department of
1188	1188	17 Labor of the amount of each penalty shall be final unless
1189	1189	18 reviewed as provided in Section 17.1 of this Act.
1190	1190	19 Civil penalties recovered under this Section shall be paid
1191	1191	20 by certified check, money order, or by an electronic payment
1192	1192	21 system designated by the Department, and deposited into the
1193	1193	22 Child Labor and Day and Temporary Labor Services Enforcement
1194	1194	23 Fund, a special fund which is hereby created in the State
1195	1195	24 treasury. Moneys in the Fund may be used, subject to
1196	1196	25 appropriation, for exemplary programs, demonstration projects,
1197	1197	26 and other activities or purposes related to the enforcement of
1198	1198
1199	1199
1200	1200
1201	1201
1202	1202
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1204	1204
1205	1205
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1208	1208	1 this Act or for the activities or purposes related to the
1209	1209	2 enforcement of the Day and Temporary Labor Services Act, or
1210	1210	3 for the activities or purposes related to the enforcement of
1211	1211	4 the Private Employment Agency Act.
1212	1212	5 (Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16.)
1213	1213
1214	1214
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1216	1216
1217	1217
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