HB4468 103RD GENERAL ASSEMBLY

LRB103 33690 SPS 63502 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4468

Introduced 1/17/2024, 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.

A BILL FOR

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, 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 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 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.)