Bill Text: IL SB0115 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Equal Pay Act of 2003. Provides for a civil penalty of up to $5,000 when any employer or person violates sections of the Act prohibiting an employer or person from interfering or discouraging another from exercising his or her rights under the Act.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-08-23 - Public Act . . . . . . . . . 97-0512 [SB0115 Detail]
Download: Illinois-2011-SB0115-Chaptered.html
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| Public Act 097-0512 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Equal Pay Act of 2003 is amended by changing | ||||
Section 30 as follows:
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(820 ILCS 112/30)
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Sec. 30. Violations; fines and penalties.
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(a) If an employee is paid by his or her employer less than | ||||
the wage to
which he or
she is entitled in
violation of Section | ||||
10 of this Act, the employee may recover in a civil action
the | ||||
entire amount of any
underpayment together with interest and | ||||
the costs and reasonable attorney's
fees as may be
allowed by | ||||
the
court and as necessary to make the employee whole. At the | ||||
request of the
employee or on a motion of the Director,
the | ||||
Department may
make an assignment of the wage claim in trust | ||||
for the assigning employee and
may bring any
legal action | ||||
necessary to collect the claim, and the employer shall be | ||||
required
to pay the costs
incurred in collecting the claim. | ||||
Every such action shall be brought within 5
years from the date
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of the underpayment. For purposes of this Act, "date of the | ||||
underpayment" means each time wages are underpaid.
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(b) The Director is authorized to supervise the payment of | ||||
the unpaid wages
owing to any
employee or employees under this | ||||
Act and may bring any legal action necessary
to recover the
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amount of unpaid wages and penalties and the employer shall be | ||
required to pay
the costs. Any
sums recovered by the Director | ||
on behalf of an employee under this
Section shall be
paid to | ||
the employee or employees affected.
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(c) Any employer who violates any provision of this Act or | ||
any rule
adopted under the Act is subject to a civil penalty | ||
not to exceed $2,500
for each violation for
each employee | ||
affected, except that any employer or person who violates | ||
subsection (b) or (c) of Section 10 is subject to a civil | ||
penalty not to exceed $5,000 for each violation for each | ||
employee affected. In determining the amount of the penalty, | ||
the
appropriateness of the
penalty to the size of the business | ||
of the employer charged and the gravity of
the violation shall
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be considered. The penalty may be recovered in a civil action | ||
brought by the
Director in
any circuit court.
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(Source: P.A. 96-467, eff. 8-14-09.)
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