Bill Text: IL HB4468 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Victims' Economic Security and Safety Act. Provides that any employee or a representative of employees who believes his or her rights under the Act have been violated may, within 3 years after the alleged violation occurs, either file a complaint with the Department of Labor requesting a review of the alleged violation or commence a civil action. Provides that in any civil action, either the plaintiff or the defendant may demand a trial by jury. Provides that, if an employee prevails in a civil action, the employee may seek specified damages. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-17 - Referred to Rules Committee [HB4468 Detail]

Download: Illinois-2023-HB4468-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4468 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
820 ILCS 180/35
Amends the Victims' Economic Security and Safety Act. Provides that any employee or a representative of employees who believes his or her rights under the Act have been violated may, within 3 years after the alleged violation occurs, either file a complaint with the Department of Labor requesting a review of the alleged violation or commence a civil action. Provides that in any civil action, either the plaintiff or the defendant may demand a trial by jury. Provides that, if an employee prevails in a civil action, the employee may seek specified damages. Makes conforming changes.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Victims' Economic Security and Safety Act
is amended by changing Section 35 as follows:
(820 ILCS 180/35)
Sec. 35. Enforcement.
(a) Department of Labor.
(1) The Director or his or her authorized
representative shall administer and enforce the provisions
of this Act. Any employee or a representative of employees
who believes his or her rights under this Act have been
violated may, within 3 years after the alleged violation
occurs, either file a complaint with the Department
requesting a review of the alleged violation or commence a
civil action in the circuit court of the county in which
the alleged violation occurred. In any civil action
commenced under this Section, either the plaintiff or the
defendant may demand a trial by jury. If the employee or a
representative of the employee chooses to file a complaint
with the Department, a A copy of the complaint shall be
sent to the person who allegedly committed the violation,
who shall be the respondent. Upon receipt of a complaint,

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the Director shall cause such investigation to be made as
he or she deems appropriate. The investigation shall
provide an opportunity for a public hearing at the request
of any party to the review to enable the parties to present
information relating to the alleged allegation. The
parties shall be given written notice of the time and
place of the hearing at least 7 days before the hearing.
Upon receiving the report of the investigation, the
Director shall make findings of fact. If the Director
finds that a violation did occur, he or she shall issue a
decision incorporating his or her findings and requiring
the party committing the violation to take such
affirmative action to abate the violation as the Director
deems appropriate, including:
(A) damages equal to the amount of wages, salary,
employment benefits, public assistance, or other
compensation denied or lost to such individual by
reason of the violation, and the interest on that
amount calculated at the prevailing rate;
(B) such equitable relief as may be appropriate,
including but not limited to hiring, reinstatement,
promotion, and reasonable accommodations; and
(C) reasonable attorney's fees, reasonable expert
witness fees, and other costs of the action to be paid
by the respondent to a prevailing employee.
If an employee prevails in a civil action, the

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employee may seek damages as described in subparagraphs
(A), (B), and (C).
If the Director finds that there was no violation, he
or she shall issue an order denying the complaint. An
order issued by the Director under this Section shall be
final and subject to judicial review under the
Administrative Review Law.
(2) The Director shall adopt rules necessary to
administer and enforce this Act in accordance with the
Illinois Administrative Procedure Act. The Director shall
have the powers and the parties shall have the rights
provided in the Illinois Administrative Procedure Act for
contested cases, including, but not limited to, provisions
for depositions, subpoena power and procedures, and
discovery and protective order procedures.
(3) Intervention. The Attorney General of Illinois may
intervene on behalf of the Department if the Department
certifies that the case is of general public importance.
Upon such intervention the court may award such relief as
is authorized to be granted to an employee who has filed a
complaint or whose representative has filed a complaint
under this Section.
(b) Refusal to pay damages. Any employer who has been
ordered by the Director of Labor or the court to pay damages
under this Section and who fails to do so within 30 days after
the order is entered is liable to pay a penalty of 1% per

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calendar day to the employee for each day of delay in paying
the damages to the employee.
(Source: P.A. 93-591, eff. 8-25-03.)