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Public Act 104-0135
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| SB2164 Enrolled | LRB104 12094 SPS 22192 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Wage Payment and Collection Act is |
amended by changing Sections 11 and 14 and by adding Section 20 |
as follows:
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(820 ILCS 115/11) (from Ch. 48, par. 39m-11) |
Sec. 11. It shall be the duty of the Department of Labor to |
inquire diligently for any violations of this Act, and to |
institute the actions for violations and penalties herein |
provided, at the request of the employee or on motion of the |
Director of Labor, and to enforce generally the provisions of |
this Act. |
An employee may file a complaint with the Department |
alleging violations of the Act by submitting a signed, |
completed wage claim application on the form provided by the |
Department and by submitting copies of all supporting |
documentation. Complaints shall be filed within one year after |
the wages, final compensation, or wage supplements were due. |
Wage claim applications shall be reviewed by the |
Department to determine whether there is cause and sufficient |
resources for investigation. |
The Department shall have the following powers: |
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(a) To investigate and attempt equitably to adjust |
controversies between employees and employers in respect |
of wage claims arising under this Act and to that end the |
Department through the Director of Labor or any other |
person in the Department of Labor designated by him or |
her, shall have the power to administer oaths, subpoena |
and examine witnesses, to issue subpoenas duces tecum |
requiring the production of such books, papers, records |
and documents as may be evidence of any matter under |
inquiry and to examine and inspect the same as may relate |
to the question in dispute. Service of such subpoenas |
shall be made by any sheriff or any person. Any court in |
this State, upon the application of the Department may |
compel attendance of witnesses, the production of books |
and papers, and the giving of testimony before the |
Department by attachment for contempt or in any other way |
as the production of evidence may be compelled before such |
court. |
(b) To take assignments of wage claims in the name of |
the Director of Labor and his or her successors in office |
and prosecute actions for the collection of wages for |
persons financially unable to prosecute such claims when |
in the judgment of the Department such claims are valid |
and enforceable in the courts. No court costs or any fees |
for necessary process and proceedings shall be payable in |
advance by the Department for prosecuting such actions. In |
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the event there is a judgment rendered against the |
defendant, the court shall assess as part of such judgment |
the costs of such proceeding. Upon collection of such |
judgments the Department shall pay from the proceeds of |
such judgment such costs to such person who is by law |
entitled to same. The Department may join in a single |
proceeding any number of wage claims against the same |
employer but the court shall have discretionary power to |
order a severance or separate trial for hearings. |
(c) To make complaint in any court of competent |
jurisdiction of violations of this Act. |
(d) In addition to the aforementioned powers, subject |
to appropriation, the Department may establish an |
administrative procedure to adjudicate claims and to issue |
final and binding administrative decisions on such claims |
subject to the Administrative Review Law. To establish |
such a procedure, the Director of Labor or her or his |
authorized representative may promulgate rules and |
regulations. The adoption, amendment or rescission of |
rules and regulations for such a procedure shall be in |
conformity with the requirements of the Illinois |
Administrative Procedure Act. If a final and binding |
administrative decision issued by the Department requires |
an employer or other party to pay wages, penalties, or |
other amounts in connection with a wage claim, and the |
employer or other party has neither: (i) made the required |
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payment within 35 days of the issuance of the final and |
binding administrative decision; nor (ii) timely filed a |
complaint seeking review of the final and binding |
administrative decision pursuant to the Administrative |
Review Law in a court of competent jurisdiction, the final |
and binding administrative decision is a debt due and owed |
to the State and may be collected using all remedies |
available under the law, including, but not limited to, |
those found in Article XII of the Code of Civil Procedure. |
The findings, decision, and order of the Department may be |
enforced in the same manner as any civil judgment entered |
by a court of competent jurisdiction Department may file a |
verified petition against the employer or other party to |
enforce the final administrative decision and to collect |
any amounts due in connection therewith in the circuit |
court of any county where an official office of the |
Department is located. |
Nothing herein shall be construed to prevent any employee |
from making complaint or prosecuting his or her own claim for |
wages. Any employee aggrieved by a violation of this Act or any |
rule adopted under this Act may file suit in circuit court of |
Illinois, in the county where the alleged violation occurred |
or where any employee who is party to the action resides, |
without regard to exhaustion of any alternative administrative |
remedies provided in this Act. Actions may be brought by one or |
more employees for and on behalf of themselves and other |
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employees similarly situated. |
Nothing herein shall be construed to limit the authority |
of the State's Attorney of any county to prosecute actions for |
violation of this Act or to enforce the provisions thereof |
independently and without specific direction of the Department |
of Labor. |
(Source: P.A. 103-201, eff. 1-1-24.)
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(820 ILCS 115/14) (from Ch. 48, par. 39m-14) |
Sec. 14. Penalties. |
(a) Any employee not timely paid wages, final |
compensation, or wage supplements by his or her employer as |
required by this Act shall be entitled to recover through a |
claim filed with the Department of Labor or in a civil action, |
but not both, the amount of any such underpayments and damages |
of 5% of the amount of any such underpayments for each month |
following the date of payment during which such underpayments |
remain unpaid. In a claim filed with the Department and |
adjudicated through an administrative hearing, the damages of |
5% shall accrue for each month that the underpayments remain |
unpaid until the date the final order and decision of the |
Department becomes a debt due and owed to the State. In a civil |
action, such employee shall also recover costs and all |
reasonable attorney's fees. |
(a-5) In addition to the remedies provided in subsections |
(a), (b), and (c) of this Section, any employer or any agent of |
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an employer, who, being able to pay wages, final compensation, |
or wage supplements and being under a duty to pay, willfully |
refuses to pay as provided in this Act, or falsely denies the |
amount or validity thereof or that the same is due, with intent |
to secure for himself or other person any underpayment of such |
indebtedness or with intent to annoy, harass, oppress, hinder, |
delay or defraud the person to whom such indebtedness is due, |
upon conviction, is guilty of: |
(1) for unpaid wages, final compensation or wage |
supplements in the amount of $5,000 or less, a Class B |
misdemeanor; or |
(2) for unpaid wages, final compensation or wage |
supplements in the amount of more than $5,000, a Class A |
misdemeanor. |
Each day during which any violation of this Act continues |
shall constitute a separate and distinct offense. |
Any employer or any agent of an employer who violates this |
Section of the Act a subsequent time within 2 years of a prior |
criminal conviction under this Section is guilty, upon |
conviction, of a Class 4 felony. |
(b) Any employer who has been demanded or ordered by the |
Department or ordered by the court to pay wages, final |
compensation, or wage supplements due an employee shall be |
required to pay a non-waivable administrative fee to the |
Department of Labor in the amount of $500 $250 if the amount |
ordered by the Department as wages owed is $3,000 or less; $750 |
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$500 if the amount ordered by the Department as wages owed is |
more than $3,000, but less than $10,000; and $1,250 $1,000 if |
the amount ordered by the Department as wages owed is $10,000 |
or more. Any employer who has been so demanded or ordered by |
the Department or ordered by a court to pay such wages, final |
compensation, or wage supplements and who fails to seek timely |
review of such a demand or order as provided for under this Act |
and who fails to comply within 15 calendar days after such |
demand or within 35 days of an administrative or court order is |
entered shall also be liable to pay a penalty to the Department |
of Labor of 20% of the amount found owing and a penalty to the |
employee of 1% per calendar day of the amount found owing for |
each day of delay in paying such wages to the employee. In a |
claim filed with the Department and adjudicated through an |
administrative hearing, the penalty of 1% shall accrue for |
each calendar day that the underpayments remain unpaid until |
the date the final order and decision of the Department |
becomes a debt due and owed to the State. All moneys recovered |
as fees and civil penalties under this Act, except those owing |
to the affected employee, shall be deposited into the Wage |
Theft Enforcement Fund, a special fund which is hereby created |
in the State treasury. Moneys in the Fund may be used for |
enforcement of this Act and for outreach and educational |
activities of the Department related to the recovery of unpaid |
or underpaid compensation and the disbursement of moneys to |
affected parties. |
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(b-5) Penalties and fees under this Section may be |
assessed by the Department and recovered in a civil action |
brought by the Department in any circuit court or in any |
administrative adjudicative proceeding under this Act. In any |
such civil action or administrative adjudicative proceeding |
under this Act, the Department shall be represented by the |
Attorney General. |
(c) Any employer, or any agent of an employer, who |
discharges or in any other manner discriminates against any |
employee because that employee has made a complaint to his or |
her employer, to the Director of Labor or his or her authorized |
representative, in a public hearing, or to a community |
organization that he or she has not been paid in accordance |
with the provisions of this Act, or because that employee has |
caused to be instituted any proceeding under or related to |
this Act, or because that employee has testified or is about to |
testify in an investigation or proceeding under this Act, is |
guilty, upon conviction, of a Class C misdemeanor. An employee |
who has been unlawfully retaliated against shall be entitled |
to recover through a claim filed with the Department of Labor |
or in a civil action, but not both, all legal and equitable |
relief as may be appropriate. In a civil action, such employee |
shall also recover costs and all reasonable attorney's fees. |
(d) Except as provided under subsections (a), (b), and |
(c), an employer who fails to furnish an employee or former |
employee with a pay stub as required by this Act or commits any |
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other violation of this Act shall be subject to a civil penalty |
of up to $500 per violation payable to the Department. In |
determining the amount of the penalty under this subsection, |
the Department shall consider the appropriateness of the |
penalty to the size of the business of the employer charged and |
the gravity of the violation. |
(e) Any unpaid wages, penalties, damages, fines, or fees |
remaining unpaid after the judicial review of the Department's |
final decision, or the failure to pursue judicial review |
procedures under the Administrative Review Law, is a debt due |
and owed to the State and may be collected using all remedies |
available under the law. |
(f) After the expiration of the period in which judicial |
review under the Administrative Review Law may be sought for a |
final administrative decision, unless stayed by a court of |
competent jurisdiction, the findings, decision, and order of |
the Department may be enforced in the same manner as a judgment |
entered by a court of competent jurisdiction. |
(Source: P.A. 102-50, eff. 7-9-21; 103-182, eff. 6-30-23; |
103-953, eff. 1-1-25.)
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(820 ILCS 115/20 new) |
Sec. 20. Procedural changes from prior law. In accordance |
with Section 4 of the Statute on Statutes, any procedural |
change as compared to prior law affected by this amendatory |
Act of the 104th General Assembly shall be applied |