Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2164 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	SB2164 Engrossed LRB104 12094 SPS 22192 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2164 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 820 ILCS 115/11 from Ch. 48, par. 39m-11820 ILCS 115/14 from Ch. 48, par. 39m-14820 ILCS 115/20 new Amends the Illinois Wage Payment and Collection Act. Makes changes to administrative fees paid to the Department of Labor. Makes changes in provisions concerning the collection of unpaid wages, penalties, damages, fines, and fees. Effective immediately. LRB104 12094 SPS 22192 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2164 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 820 ILCS 115/11 from Ch. 48, par. 39m-11820 ILCS 115/14 from Ch. 48, par. 39m-14820 ILCS 115/20 new 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 115/14 from Ch. 48, par. 39m-14 820 ILCS 115/20 new Amends the Illinois Wage Payment and Collection Act. Makes changes to administrative fees paid to the Department of Labor. Makes changes in provisions concerning the collection of unpaid wages, penalties, damages, fines, and fees. Effective immediately. LRB104 12094 SPS 22192 b LRB104 12094 SPS 22192 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2164 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
	3	+	820 ILCS 115/11 from Ch. 48, par. 39m-11820 ILCS 115/14 from Ch. 48, par. 39m-14820 ILCS 115/20 new 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 115/14 from Ch. 48, par. 39m-14 820 ILCS 115/20 new
	4	+	820 ILCS 115/11 from Ch. 48, par. 39m-11
	5	+	820 ILCS 115/14 from Ch. 48, par. 39m-14
	6	+	820 ILCS 115/20 new
	7	+	Amends the Illinois Wage Payment and Collection Act. Makes changes to administrative fees paid to the Department of Labor. Makes changes in provisions concerning the collection of unpaid wages, penalties, damages, fines, and fees. Effective immediately.
	8	+	LRB104 12094 SPS 22192 b LRB104 12094 SPS 22192 b
	9	+	LRB104 12094 SPS 22192 b
	10	+	A BILL FOR
	11	+	SB2164LRB104 12094 SPS 22192 b SB2164 LRB104 12094 SPS 22192 b
	12	+	SB2164 LRB104 12094 SPS 22192 b
3	13		1 AN ACT concerning employment.
4	14		2 Be it enacted by the People of the State of Illinois,
5	15		3 represented in the General Assembly:
6	16		4 Section 5. The Illinois Wage Payment and Collection Act is
7	17		5 amended by changing Sections 11 and 14 and by adding Section 20
8	18		6 as follows:
9	19		7 (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
10	20		8 Sec. 11. It shall be the duty of the Department of Labor to
11	21		9 inquire diligently for any violations of this Act, and to
12	22		10 institute the actions for violations and penalties herein
13	23		11 provided, at the request of the employee or on motion of the
14	24		12 Director of Labor, and to enforce generally the provisions of
15	25		13 this Act.
16	26		14 An employee may file a complaint with the Department
17	27		15 alleging violations of the Act by submitting a signed,
18	28		16 completed wage claim application on the form provided by the
19	29		17 Department and by submitting copies of all supporting
20	30		18 documentation. Complaints shall be filed within one year after
21	31		19 the wages, final compensation, or wage supplements were due.
22	32		20 Wage claim applications shall be reviewed by the
23	33		21 Department to determine whether there is cause and sufficient
24	34		22 resources for investigation.
25	35		23 The Department shall have the following powers:
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	39	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2164 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
	40	+	820 ILCS 115/11 from Ch. 48, par. 39m-11820 ILCS 115/14 from Ch. 48, par. 39m-14820 ILCS 115/20 new 820 ILCS 115/11 from Ch. 48, par. 39m-11 820 ILCS 115/14 from Ch. 48, par. 39m-14 820 ILCS 115/20 new
	41	+	820 ILCS 115/11 from Ch. 48, par. 39m-11
	42	+	820 ILCS 115/14 from Ch. 48, par. 39m-14
	43	+	820 ILCS 115/20 new
	44	+	Amends the Illinois Wage Payment and Collection Act. Makes changes to administrative fees paid to the Department of Labor. Makes changes in provisions concerning the collection of unpaid wages, penalties, damages, fines, and fees. Effective immediately.
	45	+	LRB104 12094 SPS 22192 b LRB104 12094 SPS 22192 b
	46	+	LRB104 12094 SPS 22192 b
	47	+	A BILL FOR
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	53	+	820 ILCS 115/11 from Ch. 48, par. 39m-11
	54	+	820 ILCS 115/14 from Ch. 48, par. 39m-14
	55	+	820 ILCS 115/20 new
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34	74		1 (a) To investigate and attempt equitably to adjust
35	75		2 controversies between employees and employers in respect
36	76		3 of wage claims arising under this Act and to that end the
37	77		4 Department through the Director of Labor or any other
38	78		5 person in the Department of Labor designated by him or
39	79		6 her, shall have the power to administer oaths, subpoena
40	80		7 and examine witnesses, to issue subpoenas duces tecum
41	81		8 requiring the production of such books, papers, records
42	82		9 and documents as may be evidence of any matter under
43	83		10 inquiry and to examine and inspect the same as may relate
44	84		11 to the question in dispute. Service of such subpoenas
45	85		12 shall be made by any sheriff or any person. Any court in
46	86		13 this State, upon the application of the Department may
47	87		14 compel attendance of witnesses, the production of books
48	88		15 and papers, and the giving of testimony before the
49	89		16 Department by attachment for contempt or in any other way
50	90		17 as the production of evidence may be compelled before such
51	91		18 court.
52	92		19 (b) To take assignments of wage claims in the name of
53	93		20 the Director of Labor and his or her successors in office
54	94		21 and prosecute actions for the collection of wages for
55	95		22 persons financially unable to prosecute such claims when
56	96		23 in the judgment of the Department such claims are valid
57	97		24 and enforceable in the courts. No court costs or any fees
58	98		25 for necessary process and proceedings shall be payable in
59	99		26 advance by the Department for prosecuting such actions. In
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70	110		1 the event there is a judgment rendered against the
71	111		2 defendant, the court shall assess as part of such judgment
72	112		3 the costs of such proceeding. Upon collection of such
73	113		4 judgments the Department shall pay from the proceeds of
74	114		5 such judgment such costs to such person who is by law
75	115		6 entitled to same. The Department may join in a single
76	116		7 proceeding any number of wage claims against the same
77	117		8 employer but the court shall have discretionary power to
78	118		9 order a severance or separate trial for hearings.
79	119		10 (c) To make complaint in any court of competent
80	120		11 jurisdiction of violations of this Act.
81	121		12 (d) In addition to the aforementioned powers, subject
82	122		13 to appropriation, the Department may establish an
83	123		14 administrative procedure to adjudicate claims and to issue
84	124		15 final and binding administrative decisions on such claims
85	125		16 subject to the Administrative Review Law. To establish
86	126		17 such a procedure, the Director of Labor or her or his
87	127		18 authorized representative may promulgate rules and
88	128		19 regulations. The adoption, amendment or rescission of
89	129		20 rules and regulations for such a procedure shall be in
90	130		21 conformity with the requirements of the Illinois
91	131		22 Administrative Procedure Act. If a final and binding
92	132		23 administrative decision issued by the Department requires
93	133		24 an employer or other party to pay wages, penalties, or
94	134		25 other amounts in connection with a wage claim, and the
95	135		26 employer or other party has neither: (i) made the required
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106	146		1 payment within 35 days of the issuance of the final and
107	147		2 binding administrative decision; nor (ii) timely filed a
108	148		3 complaint seeking review of the final and binding
109	149		4 administrative decision pursuant to the Administrative
110	150		5 Review Law in a court of competent jurisdiction, the final
111	151		6 and binding administrative decision is a debt due and owed
112	152		7 to the State and may be collected using all remedies
113	153		8 available under the law, including, but not limited to,
114	154		9 those found in Article XII of the Code of Civil Procedure.
115	155		10 The findings, decision, and order of the Department may be
116	156		11 enforced in the same manner as any civil judgment entered
117	157		12 by a court of competent jurisdiction Department may file a
118	158		13 verified petition against the employer or other party to
119	159		14 enforce the final administrative decision and to collect
120	160		15 any amounts due in connection therewith in the circuit
121	161		16 court of any county where an official office of the
122	162		17 Department is located.
123	163		18 Nothing herein shall be construed to prevent any employee
124	164		19 from making complaint or prosecuting his or her own claim for
125	165		20 wages. Any employee aggrieved by a violation of this Act or any
126	166		21 rule adopted under this Act may file suit in circuit court of
127	167		22 Illinois, in the county where the alleged violation occurred
128	168		23 or where any employee who is party to the action resides,
129	169		24 without regard to exhaustion of any alternative administrative
130	170		25 remedies provided in this Act. Actions may be brought by one or
131	171		26 more employees for and on behalf of themselves and other
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142	182		1 employees similarly situated.
143	183		2 Nothing herein shall be construed to limit the authority
144	184		3 of the State's Attorney of any county to prosecute actions for
145	185		4 violation of this Act or to enforce the provisions thereof
146	186		5 independently and without specific direction of the Department
147	187		6 of Labor.
148	188		7 (Source: P.A. 103-201, eff. 1-1-24.)
149	189		8 (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
150	190		9 Sec. 14. Penalties.
151	191		10 (a) Any employee not timely paid wages, final
152	192		11 compensation, or wage supplements by his or her employer as
153	193		12 required by this Act shall be entitled to recover through a
154	194		13 claim filed with the Department of Labor or in a civil action,
155	195		14 but not both, the amount of any such underpayments and damages
156	196		15 of 5% of the amount of any such underpayments for each month
157	197		16 following the date of payment during which such underpayments
158	198		17 remain unpaid. In a claim filed with the Department and
159	199		18 adjudicated through an administrative hearing, the damages of
160	200		19 5% shall accrue for each month that the underpayments remain
161	201		20 unpaid until the date the final order and decision of the
162	202		21 Department becomes a debt due and owed to the State. In a civil
163	203		22 action, such employee shall also recover costs and all
164	204		23 reasonable attorney's fees.
165	205		24 (a-5) In addition to the remedies provided in subsections
166	206		25 (a), (b), and (c) of this Section, any employer or any agent of
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177	217		1 an employer, who, being able to pay wages, final compensation,
178	218		2 or wage supplements and being under a duty to pay, willfully
179	219		3 refuses to pay as provided in this Act, or falsely denies the
180	220		4 amount or validity thereof or that the same is due, with intent
181	221		5 to secure for himself or other person any underpayment of such
182	222		6 indebtedness or with intent to annoy, harass, oppress, hinder,
183	223		7 delay or defraud the person to whom such indebtedness is due,
184	224		8 upon conviction, is guilty of:
185	225		9 (1) for unpaid wages, final compensation or wage
186	226		10 supplements in the amount of $5,000 or less, a Class B
187	227		11 misdemeanor; or
188	228		12 (2) for unpaid wages, final compensation or wage
189	229		13 supplements in the amount of more than $5,000, a Class A
190	230		14 misdemeanor.
191	231		15 Each day during which any violation of this Act continues
192	232		16 shall constitute a separate and distinct offense.
193	233		17 Any employer or any agent of an employer who violates this
194	234		18 Section of the Act a subsequent time within 2 years of a prior
195	235		19 criminal conviction under this Section is guilty, upon
196	236		20 conviction, of a Class 4 felony.
197	237		21 (b) Any employer who has been demanded or ordered by the
198	238		22 Department or ordered by the court to pay wages, final
199	239		23 compensation, or wage supplements due an employee shall be
200	240		24 required to pay a non-waivable administrative fee to the
201	241		25 Department of Labor in the amount of $500 $250 if the amount
202	242		26 ordered by the Department as wages owed is $3,000 or less; $750
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213	253		1 $500 if the amount ordered by the Department as wages owed is
214	254		2 more than $3,000, but less than $10,000; and $1,250 $1,000 if
215	255		3 the amount ordered by the Department as wages owed is $10,000
216	256		4 or more. Any employer who has been so demanded or ordered by
217	257		5 the Department or ordered by a court to pay such wages, final
218	258		6 compensation, or wage supplements and who fails to seek timely
219	259		7 review of such a demand or order as provided for under this Act
220	260		8 and who fails to comply within 15 calendar days after such
221	261		9 demand or within 35 days of an administrative or court order is
222	262		10 entered shall also be liable to pay a penalty to the Department
223	263		11 of Labor of 20% of the amount found owing and a penalty to the
224	264		12 employee of 1% per calendar day of the amount found owing for
225	265		13 each day of delay in paying such wages to the employee. In a
226	266		14 claim filed with the Department and adjudicated through an
227	267		15 administrative hearing, the penalty of 1% shall accrue for
228	268		16 each calendar day that the underpayments remain unpaid until
229	269		17 the date the final order and decision of the Department
230	270		18 becomes a debt due and owed to the State. All moneys recovered
231	271		19 as fees and civil penalties under this Act, except those owing
232	272		20 to the affected employee, shall be deposited into the Wage
233	273		21 Theft Enforcement Fund, a special fund which is hereby created
234	274		22 in the State treasury. Moneys in the Fund may be used for
235	275		23 enforcement of this Act and for outreach and educational
236	276		24 activities of the Department related to the recovery of unpaid
237	277		25 or underpaid compensation and the disbursement of moneys to
238	278		26 affected parties.
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249	289		1 (b-5) Penalties and fees under this Section may be
250	290		2 assessed by the Department and recovered in a civil action
251	291		3 brought by the Department in any circuit court or in any
252	292		4 administrative adjudicative proceeding under this Act. In any
253	293		5 such civil action or administrative adjudicative proceeding
254	294		6 under this Act, the Department shall be represented by the
255	295		7 Attorney General.
256	296		8 (c) Any employer, or any agent of an employer, who
257	297		9 discharges or in any other manner discriminates against any
258	298		10 employee because that employee has made a complaint to his or
259	299		11 her employer, to the Director of Labor or his or her authorized
260	300		12 representative, in a public hearing, or to a community
261	301		13 organization that he or she has not been paid in accordance
262	302		14 with the provisions of this Act, or because that employee has
263	303		15 caused to be instituted any proceeding under or related to
264	304		16 this Act, or because that employee has testified or is about to
265	305		17 testify in an investigation or proceeding under this Act, is
266	306		18 guilty, upon conviction, of a Class C misdemeanor. An employee
267	307		19 who has been unlawfully retaliated against shall be entitled
268	308		20 to recover through a claim filed with the Department of Labor
269	309		21 or in a civil action, but not both, all legal and equitable
270	310		22 relief as may be appropriate. In a civil action, such employee
271	311		23 shall also recover costs and all reasonable attorney's fees.
272	312		24 (d) Except as provided under subsections (a), (b), and
273	313		25 (c), an employer who fails to furnish an employee or former
274	314		26 employee with a pay stub as required by this Act or commits any
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285	325		1 other violation of this Act shall be subject to a civil penalty
286	326		2 of up to $500 per violation payable to the Department. In
287	327		3 determining the amount of the penalty under this subsection,
288	328		4 the Department shall consider the appropriateness of the
289	329		5 penalty to the size of the business of the employer charged and
290	330		6 the gravity of the violation.
291	331		7 (e) Any unpaid wages, penalties, damages, fines, or fees
292	332		8 remaining unpaid after the judicial review of the Department's
293	333		9 final decision, or the failure to pursue judicial review
294	334		10 procedures under the Administrative Review Law, is a debt due
295	335		11 and owed to the State and may be collected using all remedies
296	336		12 available under the law.
297	337		13 (f) After the expiration of the period in which judicial
298	338		14 review under the Administrative Review Law may be sought for a
299	339		15 final administrative decision, unless stayed by a court of
300	340		16 competent jurisdiction, the findings, decision, and order of
301	341		17 the Department may be enforced in the same manner as a judgment
302	342		18 entered by a court of competent jurisdiction.
303	343		19 (Source: P.A. 102-50, eff. 7-9-21; 103-182, eff. 6-30-23;
304	344		20 103-953, eff. 1-1-25.)
305	345		21 (820 ILCS 115/20 new)
306	346		22 Sec. 20. Procedural changes from prior law. In accordance
307	347		23 with Section 4 of the Statute on Statutes, any procedural
308	348		24 change as compared to prior law affected by this amendatory
309	349		25 Act of the 104th General Assembly shall be applied
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320	360		1 retroactively. Any substantive change as compared to prior law
321	361		2 affected by this amendatory Act of the 104th General Assembly
322	362		3 shall be applied prospectively only. Any changes to the
323	363		4 remedies available to redress a legal violation are procedural
324	364		5 in nature.
325		-	6 Section 99. Effective date. This Act takes effect upon
326		-	7 becoming law.
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