Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3464 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 SB3464 Introduced 2/8/2024, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: New Act Creates the Work Without Fear Act. Provides that it is unlawful for any person to engage in, or to direct another person to engage in, immigration-related retaliation against any person or his or her family member or household member for the purpose of, or with the effect of, retaliating against any person for exercising any right protected under State employment laws or by any local employment ordinance. Sets forth the duties and powers of the Department of Labor under the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person has violated the Act. Provides that nothing in the Act shall be construed to prevent any person from making complaint or prosecuting his or her own claim for damages caused by retaliation. Allows a person who is the subject of retaliation prohibited by the Act to bring a civil action for: (1) back pay, with interest, and front pay, or, in lieu of actual damages, liquidated damages of $30,000; (2) a civil penalty in an amount not to exceed $10,000; (3) reasonable attorney's fees and court costs; and (4) equitable relief as the court may deem appropriate and just. Provides that a person that violates any provision of the Act shall be subject to an additional civil penalty in an amount of $25,000 for each violation, or $50,000 for each repeat violation within a 5-year period. Sets forth license suspension penalties for violations of the Act. Effective January 1, 2025. LRB103 39403 SPS 69584 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3464 Introduced 2/8/2024, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: New Act New Act Creates the Work Without Fear Act. Provides that it is unlawful for any person to engage in, or to direct another person to engage in, immigration-related retaliation against any person or his or her family member or household member for the purpose of, or with the effect of, retaliating against any person for exercising any right protected under State employment laws or by any local employment ordinance. Sets forth the duties and powers of the Department of Labor under the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person has violated the Act. Provides that nothing in the Act shall be construed to prevent any person from making complaint or prosecuting his or her own claim for damages caused by retaliation. Allows a person who is the subject of retaliation prohibited by the Act to bring a civil action for: (1) back pay, with interest, and front pay, or, in lieu of actual damages, liquidated damages of $30,000; (2) a civil penalty in an amount not to exceed $10,000; (3) reasonable attorney's fees and court costs; and (4) equitable relief as the court may deem appropriate and just. Provides that a person that violates any provision of the Act shall be subject to an additional civil penalty in an amount of $25,000 for each violation, or $50,000 for each repeat violation within a 5-year period. Sets forth license suspension penalties for violations of the Act. Effective January 1, 2025. LRB103 39403 SPS 69584 b LRB103 39403 SPS 69584 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3464 Introduced 2/8/2024, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Work Without Fear Act. Provides that it is unlawful for any person to engage in, or to direct another person to engage in, immigration-related retaliation against any person or his or her family member or household member for the purpose of, or with the effect of, retaliating against any person for exercising any right protected under State employment laws or by any local employment ordinance. Sets forth the duties and powers of the Department of Labor under the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person has violated the Act. Provides that nothing in the Act shall be construed to prevent any person from making complaint or prosecuting his or her own claim for damages caused by retaliation. Allows a person who is the subject of retaliation prohibited by the Act to bring a civil action for: (1) back pay, with interest, and front pay, or, in lieu of actual damages, liquidated damages of $30,000; (2) a civil penalty in an amount not to exceed $10,000; (3) reasonable attorney's fees and court costs; and (4) equitable relief as the court may deem appropriate and just. Provides that a person that violates any provision of the Act shall be subject to an additional civil penalty in an amount of $25,000 for each violation, or $50,000 for each repeat violation within a 5-year period. Sets forth license suspension penalties for violations of the Act. Effective January 1, 2025.
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11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Work
15	15	5 Without Fear Act.
16	16	6 Section 5. Legislative findings. The General Assembly
17	17	7 finds as follows:
18	18	8 (1) Wage theft is a serious and widespread problem
19	19	9 that causes severe hardship to low-wage workers, their
20	20	10 families, and their communities.
21	21	11 (2) When a worker is denied wages or is forced to work
22	22	12 "off the clock", there is an immediate and irreparable
23	23	13 harm to the worker and his or her family.
24	24	14 (3) Low-wage, often immigrant, workers are among the
25	25	15 most frequent victims of wage theft and are also exposed
26	26	16 to the greatest hazards at work.
27	27	17 (4) Immigrant workers are among those most frequently
28	28	18 injured or killed on the job.
29	29	19 (5) Workers who come forward to expose unfair, unsafe,
30	30	20 or illegal conditions face retaliation from employers with
31	31	21 alarming frequency. When those workers are immigrants,
32	32	22 employer retaliation often involves threats or efforts to
33	33	23 contact law enforcement agencies, including immigration
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3464 Introduced 2/8/2024, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Work Without Fear Act. Provides that it is unlawful for any person to engage in, or to direct another person to engage in, immigration-related retaliation against any person or his or her family member or household member for the purpose of, or with the effect of, retaliating against any person for exercising any right protected under State employment laws or by any local employment ordinance. Sets forth the duties and powers of the Department of Labor under the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person has violated the Act. Provides that nothing in the Act shall be construed to prevent any person from making complaint or prosecuting his or her own claim for damages caused by retaliation. Allows a person who is the subject of retaliation prohibited by the Act to bring a civil action for: (1) back pay, with interest, and front pay, or, in lieu of actual damages, liquidated damages of $30,000; (2) a civil penalty in an amount not to exceed $10,000; (3) reasonable attorney's fees and court costs; and (4) equitable relief as the court may deem appropriate and just. Provides that a person that violates any provision of the Act shall be subject to an additional civil penalty in an amount of $25,000 for each violation, or $50,000 for each repeat violation within a 5-year period. Sets forth license suspension penalties for violations of the Act. Effective January 1, 2025.
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43	43	A BILL FOR
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68	68	1 enforcement agencies, if a worker engages in protected
69	69	2 conduct.
70	70	3 (6) No applicant or employee should have to fear
71	71	4 adverse action, whether it involves threats to cut hours,
72	72	5 move a worker to an undesirable schedule, or contact law
73	73	6 enforcement agencies, for exercising employment rights
74	74	7 guaranteed by the State of Illinois.
75	75	8 (7) It is in the public policy interest of the State of
76	76	9 Illinois that workers be able to report concerns to their
77	77	10 employers and to Illinois labor enforcement agencies
78	78	11 without fear of retaliation or discrimination.
79	79	12 (8) It is in the public policy interest of the State of
80	80	13 Illinois for workers to be willing to come forward to
81	81	14 expose hazardous, unsafe, and unfair conditions at their
82	82	15 work sites so that local, State, and federal agencies can
83	83	16 effectively enforce the law.
84	84	17 (9) It is essential to the enforcement of Illinois'
85	85	18 labor laws that broad, clear, and effective protections
86	86	19 from all forms of employer retaliation, including
87	87	20 prohibiting immigration-related threats, exist for workers
88	88	21 engaging in conduct protected by law.
89	89	22 Section 10. Definitions. As used in this Act:
90	90	23 "Applicable employment laws" means the Wage Payment and
91	91	24 Collection Act, the Prevailing Wage Act, the Minimum Wage Law,
92	92	25 the Day and Temporary Labor Services Act, the Equal Pay Act of
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103	103	1 2003, the Workers Compensation Act, the One Day Rest in Seven
104	104	2 Act, the Victims' Economic Security and Safety Act, the
105	105	3 Employee Sick Leave Act, the Child Labor Law, the Collective
106	106	4 Bargaining Freedom Act, the Employee Classification Act, the
107	107	5 Domestic Workers Bill of Rights, the Right to Privacy in the
108	108	6 Workplace Act, the Illinois Worker Adjustment and Retraining
109	109	7 Notification Act, the Family Bereavement Act, the Job
110	110	8 Opportunities for Qualified Applicants Act, the Paid Leave for
111	111	9 All Workers Act, the Personnel Record Review Act, and any new
112	112	10 Act concerning employment rights.
113	113	11 "Applicant" means any person pursuing employment with an
114	114	12 employer or with or through an employment agency or a day and
115	115	13 temporary labor service agency.
116	116	14 "Department" means the Department of Labor.
117	117	15 "Director" means the Director of Labor.
118	118	16 "Employer" means an individual, sole proprietorship,
119	119	17 partnership, firm, association, corporation, limited liability
120	120	18 company, business trust, and any other entity that has one or
121	121	19 more employees in this State or any person or group of persons
122	122	20 acting directly or indirectly in the interest of an employer
123	123	21 in relation to an employee.
124	124	22 "Employee" means any individual permitted to work by an
125	125	23 employer in an occupation, but shall not include any
126	126	24 individual:
127	127	25 (1) who has been and will continue to be free from
128	128	26 control and direction over the performance of his or her
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139	139	1 work, both under a contract of service with the employer
140	140	2 and in fact;
141	141	3 (2) who performs a service that is outside the usual
142	142	4 course of services performed by the employer; and
143	143	5 (3) who is in an independently established trade,
144	144	6 occupation, profession, or business.
145	145	7 "Family or household member" means a spouse or party to a
146	146	8 civil union, parent, grandparent, child, grandchild, sibling,
147	147	9 or any other person related by blood or by present or prior
148	148	10 marriage or civil union, any other person who shares a
149	149	11 relationship through a child, or any other individual whose
150	150	12 close association with the applicant, employee, or independent
151	151	13 contractor is the equivalent of a family relationship as
152	152	14 determined by the applicant, employee, independent contractor,
153	153	15 or persons jointly residing in the same household.
154	154	16 "Immigration-related retaliation" means any of the
155	155	17 following practices, when undertaken for a retaliatory
156	156	18 purpose:
157	157	19 (1) contacting or threatening to contact United States
158	158	20 immigration authorities, or otherwise reporting or
159	159	21 threatening to report a person's or employee's suspected
160	160	22 citizenship or immigration status or the suspected
161	161	23 citizenship or immigration status of a family or household
162	162	24 member of the person or employee to a federal, State, or
163	163	25 local agency;
164	164	26 (2) using the federal E-Verify system to check the
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175	175	1 employment authorization status of a person at a time or
176	176	2 in a manner not required under 8 U.S.C. 1324a(b) or not
177	177	3 authorized under any memorandum of understanding governing
178	178	4 the use of the federal E-Verify system;
179	179	5 (3) engaging in unfair documentary practices by
180	180	6 demanding more or different documents than necessary,
181	181	7 requesting specific documents, or rejecting reasonably
182	182	8 genuine-looking documents while verifying a worker's
183	183	9 citizenship, immigration status, or national origin, as
184	184	10 described in 8 U.S.C. 1324b(a)(6); and
185	185	11 (4) filing or threatening to file a false police
186	186	12 report.
187	187	13 "Immigration-related retaliation" does not include conduct
188	188	14 undertaken at the express and specific direction or request of
189	189	15 the federal government.
190	190	16 "License" means any agency permit, certificate, approval,
191	191	17 registration, or charter that is required by law and that is
192	192	18 issued by any agency for the purposes of operating a business
193	193	19 in this State. "License" does not include a professional
194	194	20 license.
195	195	21 "Person" means every natural person, firm, partnership,
196	196	22 copartnership, limited liability company, corporation,
197	197	23 association, business trust, or other legal entity, or its
198	198	24 legal representatives, agents, or assignees.
199	199	25 "Violation" means each incident when an act of
200	200	26 immigration-related retaliation was committed, without
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211	211	1 reference to the number of applicants, employees, or
212	212	2 independent contractors involved in the incident.
213	213	3 Section 15. Prohibited immigration-related retaliation.
214	214	4 (a) Notwithstanding any other provision of law, it shall
215	215	5 be unlawful for an employer or any other person or entity to
216	216	6 engage in, or to direct another person or entity to engage in,
217	217	7 immigration-related retaliation against any applicant,
218	218	8 employee, independent contractor, or his or her family member
219	219	9 or household member for the purpose of, or with the effect of,
220	220	10 retaliating against any applicant, employee, or independent
221	221	11 contractor who in good faith:
222	222	12 (1) files a complaint or informs any person of an
223	223	13 employer's or other party's alleged violation of an
224	224	14 applicable employment law;
225	225	15 (2) seeks information regarding whether an employer or
226	226	16 other party is in compliance with an applicable employment
227	227	17 law;
228	228	18 (3) informs a person of his or her potential rights
229	229	19 and remedies under an applicable employment law or assists
230	230	20 them in asserting those rights;
231	231	21 (4) files a complaint, seeks information, or informs a
232	232	22 person of his or her rights concerning conduct prohibited
233	233	23 by Section 2-101 of the Illinois Human Rights Act;
234	234	24 (5) has exercised his or her rights protected by an
235	235	25 applicable employment law or local ordinance in any former
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246	246	1 employment; or
247	247	2 (6) discloses or threatens to disclose that an
248	248	3 activity, policy, or practice of the employer poses a
249	249	4 substantial and specific danger to public health or
250	250	5 safety.
251	251	6 (b) Engaging in immigration-related retaliation against a
252	252	7 person within 90 days after the person's exercise of rights
253	253	8 protected under this Act shall raise a rebuttable presumption
254	254	9 of having done so in retaliation for the exercise of those
255	255	10 rights. The presumption of an unfair immigration-related
256	256	11 action taken by an employer or other entity may be rebutted by
257	257	12 clear and convincing evidence that the action was taken for a
258	258	13 permissible purpose.
259	259	14 Section 20. Enforcement by Department.
260	260	15 (a) It shall be the duty of the Department to inquire
261	261	16 diligently into any alleged violations of this Act, to
262	262	17 institute the actions for the penalties provided in this
263	263	18 Section, and to enforce the provisions of this Act.
264	264	19 (1) An applicant, employee, or independent contractor
265	265	20 may file a complaint with the Department alleging
266	266	21 violations of this Act by submitting a signed, completed
267	267	22 complaint on the form provided by the Department alleging
268	268	23 immigration-related retaliation and by submitting copies
269	269	24 of all supporting documentation. Complaints shall be filed
270	270	25 within one year after the date of the retaliation.
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281	281	1 (2) Complaints shall be reviewed by the Department to
282	282	2 determine whether there is cause for investigation.
283	283	3 (b) The Department shall have the following powers to
284	284	4 enforce this Act:
285	285	5 (1) Investigate and attempt equitably to adjust
286	286	6 controversies between applicants, employees, or
287	287	7 independent contractors and employers regarding claims of
288	288	8 immigration-related retaliation under this Act, including
289	289	9 administering oaths, subpoenaing and examining witnesses,
290	290	10 issuing subpoenas duces tecum requiring the production of
291	291	11 books, papers, records, and documents as may be evidence
292	292	12 of any matter under inquiry, and examining and inspecting
293	293	13 the books, papers, records, and documents as may relate to
294	294	14 the question in dispute. Service of subpoenas shall be
295	295	15 made by any sheriff or any person. Any court in this State,
296	296	16 upon the application of the Department, may compel
297	297	17 attendance of witnesses, the production of books and
298	298	18 papers, and the giving of testimony before the Department
299	299	19 by attachment for contempt or in any other way as the
300	300	20 production of evidence may be compelled before the court.
301	301	21 (2) Take complaints of immigration-related retaliation
302	302	22 in the name of the Director and his or her successors in
303	303	23 office and prosecute actions for the collection of
304	304	24 remedies and penalties for immigration-related retaliation
305	305	25 for persons financially unable to prosecute the claims
306	306	26 when in the judgment of the Department the claims are
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317	317	1 valid and enforceable in the courts. No court costs or any
318	318	2 fees for necessary process and proceedings shall be
319	319	3 payable in advance by the Department for prosecuting the
320	320	4 actions. If there is a judgment rendered against the
321	321	5 defendant, the court shall assess as part of the judgment
322	322	6 the costs of the proceeding. Upon collection of the
323	323	7 judgment, the Department shall pay from the proceeds of
324	324	8 the judgment the costs to the person who is by law entitled
325	325	9 to compensation. The Department may join in a single
326	326	10 proceeding any number of immigration-related retaliation
327	327	11 claims against the same employer, but the court shall have
328	328	12 discretionary power to order a severance or separate trial
329	329	13 for hearings.
330	330	14 (3) Make complaint in any court of competent
331	331	15 jurisdiction of violations of this Act.
332	332	16 (4) Order the appropriate government agency to suspend
333	333	17 licenses held by violating parties.
334	334	18 In addition to these powers, the Department may establish
335	335	19 an administrative procedure to adjudicate claims and to issue
336	336	20 final and binding administrative decisions on claims subject
337	337	21 to the Administrative Review Law. To establish the procedure,
338	338	22 the Director or the Director's authorized representative may
339	339	23 adopt rules. The adoption, amendment, or rescission of rules
340	340	24 for the procedure shall be in conformity with the requirements
341	341	25 of the Illinois Administrative Procedure Act. If a final and
342	342	26 binding administrative decision issued by the Department
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353	353	1 requires an employer or other party to pay wages, penalties,
354	354	2 or other amounts in connection with an immigration-related
355	355	3 retaliation claim, and the employer or other party has
356	356	4 neither: (i) made the required payment within 35 days after
357	357	5 the issuance of the final and binding administrative decision;
358	358	6 nor (ii) timely filed a complaint seeking review of the final
359	359	7 and binding administrative decision pursuant to the
360	360	8 Administrative Review Law in a court of competent
361	361	9 jurisdiction, the Department may file a verified petition
362	362	10 against the employer or other party to enforce the final
363	363	11 administrative decision and to collect any amounts due in
364	364	12 connection therewith in the circuit court of any county where
365	365	13 an official office of the Department is located.
366	366	14 Section 25. Enforcement by Attorney General.
367	367	15 (a) Whenever the Attorney General has reasonable cause to
368	368	16 believe that any employer, putative employer, or person acting
369	369	17 on behalf of an employer has violated this Act, the Attorney
370	370	18 General may, pursuant to the authority in Section 6.3 of the
371	371	19 Attorney General Act, initiate or intervene in a civil action
372	372	20 in the name of the People of the State in any circuit court to
373	373	21 obtain appropriate relief.
374	374	22 (b) Before initiating or intervening in an action, the
375	375	23 Attorney General may, pursuant to the authority in Section 6.3
376	376	24 of the Attorney General Act, conduct an investigation and may:
377	377	25 (1) require any individual to file a statement or
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388	388	1 report in writing under oath or otherwise as to all
389	389	2 information the Attorney General may consider necessary;
390	390	3 (2) examine under oath any individual alleged to have
391	391	4 participated in or with knowledge of the alleged
392	392	5 violation; or
393	393	6 (3) issue subpoenas or conduct hearings in aid of any
394	394	7 investigation.
395	395	8 (c) Whenever a party refuses to produce a document, answer
396	396	9 an interrogatory, or provide testimony under oath in response
397	397	10 to a subpoena from the Attorney General, the Attorney General,
398	398	11 pursuant to the authority in Section 6.3 of the Attorney
399	399	12 General Act, may petition the circuit court for an order
400	400	13 compelling compliance.
401	401	14 Section 30. Private right of action. Nothing in this Act
402	402	15 shall be construed to prevent any applicant, employee,
403	403	16 putative employee, or independent contractor from making
404	404	17 complaint or prosecuting his or her own claim for damages
405	405	18 caused by immigration-related retaliation. Any applicant,
406	406	19 employee, putative employee, or independent contractor
407	407	20 aggrieved by an actual or suspected violation of this Act or
408	408	21 any rule adopted under this Act may, within 2 years after the
409	409	22 date of the retaliation, file suit in circuit court, in the
410	410	23 county where the alleged violation occurred or where any
411	411	24 person who is party to the action resides, without regard to
412	412	25 exhaustion of any alternative administrative remedies provided
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423	423	1 in this Act. Actions may be brought by one or more applicants,
424	424	2 employees, or independent contractors for and on behalf of
425	425	3 themselves and other persons similarly situated.
426	426	4 Section 35. Remedies and penalties.
427	427	5 (a) An applicant, employee, or other person who is the
428	428	6 subject of an immigration-related retaliation prohibited by
429	429	7 this Act, or a representative of that applicant, employee, or
430	430	8 person, may bring a civil action for any one or more of the
431	431	9 following remedies:
432	432	10 (1) back pay, with interest, and front pay, or, in
433	433	11 lieu of actual damages, at the employee's election,
434	434	12 liquidated damages of $30,000;
435	435	13 (2) a civil penalty in an amount not to exceed
436	436	14 $10,000, payable to the applicant, employee, or
437	437	15 independent contractor;
438	438	16 (3) reasonable attorney's fees and court costs,
439	439	17 including any expert witness costs; and
440	440	18 (4) equitable relief as the court may deem appropriate
441	441	19 and just.
442	442	20 An action under this Act shall not limit or otherwise
443	443	21 affect the applicability of other rights and remedies under an
444	444	22 applicable employment law or under the Whistleblower Act.
445	445	23 (b) An employer that violates any provision of this Act
446	446	24 shall be subject to an additional civil penalty in an amount of
447	447	25 $25,000 for each violation of Section 10 and $50,000 for each
448	448
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458	458	1 repeat violation of Section 10 within a 5-year period.
459	459	2 The penalty amount may be recovered in any administrative
460	460	3 proceeding by the Department or a civil action filed in any
461	461	4 circuit court by the Director or the Attorney General. All
462	462	5 moneys received by the Department as fees and civil penalties
463	463	6 under this Act shall be deposited into the Child Labor and Day
464	464	7 and Temporary Labor Services Enforcement Fund and shall be
465	465	8 used by the Department for administration, investigation, and
466	466	9 other expenses incurred in carrying out its powers and duties
467	467	10 under this Act.
468	468	11 In any civil action brought by the Attorney General, the
469	469	12 penalty amount shall be deposited into the Attorney General
470	470	13 Court Ordered and Voluntary Compliance Payment Projects Fund.
471	471	14 Moneys in the Fund shall be used for the performance of any
472	472	15 function pertaining to the exercise of the duties of the
473	473	16 Attorney General, including, but not limited to, enforcement
474	474	17 of any law of this State and conducting public education
475	475	18 programs. However, any moneys in the Fund that are required by
476	476	19 the court or by an agreement to be used for a particular
477	477	20 purpose shall be used for that purpose. Any uncollected
478	478	21 penalty amount shall be subject to the provisions of the
479	479	22 Illinois State Collection Act of 1986.
480	480	23 (c) Upon a finding by a court of applicable jurisdiction
481	481	24 of a violation of this Act:
482	482	25 (1) For a first violation, the court may order the
483	483	26 appropriate government agencies to suspend all licenses
484	484
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487	487
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494	494	1 subject to this Act that are held by the violating party
495	495	2 for a period of up to 14 days. On receipt of the court's
496	496	3 order and notwithstanding any other law, the appropriate
497	497	4 agencies shall immediately suspend the licenses.
498	498	5 (2) For a second violation, the court may order the
499	499	6 appropriate government agencies to suspend all licenses
500	500	7 subject to this Act that are held by the violating party
501	501	8 for a period of up to 30 days. On receipt of the court's
502	502	9 order and notwithstanding any other law, the appropriate
503	503	10 agencies shall immediately suspend the licenses.
504	504	11 (3) For a third violation and any violation
505	505	12 thereafter, the court may order the appropriate government
506	506	13 agencies to suspend all licenses subject to this Act that
507	507	14 are held by the violating party for a period of up to 90
508	508	15 days. On receipt of the court's order and notwithstanding
509	509	16 any other law, the appropriate agencies shall immediately
510	510	17 suspend the licenses.
511	511	18 For the purposes of this subsection, the licenses that are
512	512	19 subject to suspension are all licenses held by the violating
513	513	20 party specific to the business location or locations where the
514	514	21 immigration-related retaliation occurred. In determining
515	515	22 whether a suspension of all licenses is appropriate, the court
516	516	23 shall consider whether the employer knowingly committed
517	517	24 immigration-related retaliation, the good faith efforts of the
518	518	25 employer to resolve any alleged immigration-related
519	519	26 retaliation after receiving notice of the violations, and the
520	520
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522	522
523	523
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530	530	1 harm other applicants, employees, or independent contractors
531	531	2 of the employer, or applicants, employees, or independent
532	532	3 contractors of other employers on a multi-employer job site,
533	533	4 will suffer as a result of the suspension of all licenses.
534	534	5 (d) An applicant, employee, or other person who is the
535	535	6 subject of immigration-related retaliation prohibited by this
536	536	7 Section, and who prevails in an action authorized by this
537	537	8 Section, shall recover its reasonable attorney's fees and
538	538	9 costs, including any expert witness costs.
539	539	10 Section 40. Administration. The Director or the Director's
540	540	11 authorized representatives shall administer and enforce the
541	541	12 provisions of this Act. In order to accomplish the objectives
542	542	13 of this Act and to carry out the duties prescribed by this Act,
543	543	14 the Director or the Director's authorized representatives
544	544	15 shall, within one year after the effective date of this Act,
545	545	16 adopt rules necessary to administer and enforce the provisions
546	546	17 of this Act, including the procedures that shall be followed
547	547	18 for investigations and hearings under Section 20, in
548	548	19 accordance with the Illinois Administrative Procedure Act.
549	549
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