MINIMUM WAGE-PUNITIVE DAMAGES Senate SponsorsSen. Miguel del Valle, Antonio Munoz-Martin A. Sandoval and Gary Forby House Sponsors(Rep. William Delgado-Larry McKeon-Cynthia Soto-Eddie Washington-Esther Golar, Charles E. Jefferson, Patrick J Verschoore, Jack McGuire, Susana A Mendoza and Daniel J. Burke) 7/14/2006SenatePublic Act . . . . . . . . . 94-1025 820 ILCS 105/12from Ch. 48, par. 1012 Amends provisions of the Minimum Wage Law establishing an employer's liability for punitive damages in the case of underpayment of wages by stating that "the employee may recover such punitive damages in any proceeding or action allowed by any provision of this subsection, including, but not limited to, a civil action filed directly by the employee, and, subject to the limitations period set forth herein, the employee's remedy of recovering punitive damages in any proceeding or action allowed by any provision of this subsection shall be available in and applicable to all claims and causes of action under this subsection, whenever arising, including, without limitation, presently existing claims and actions for which a final and no-longer appealable order has not yet been entered". Effective immediately.Senate Committee Amendment No. 2 Adds reference to:820 ILCS 105/3from Ch. 48, par. 1003820 ILCS 105/7from Ch. 48, par. 1007820 ILCS 115/2from Ch. 48, par. 39m-2820 ILCS 115/14from Ch. 48, par. 39m-14Deletes everything after the enacting clause. Amends the Minimum Wage Law. Provides that the Director of Labor may require by subpoena the attendance and testimony of witnesses and the production of books, records, and other evidence regarding a matter under investigation or hearing. Authorizes an employee who has been underpaid under the Act to recover in a civil action damages of 2% of the amount of the underpayments for each month following the date of payment during which the underpayments remain unpaid (in addition to the underpayments, costs, and attorney's fees that may be collected under existing law). In provisions allowing the Department of Labor to collect certain penalties and damages for underpayments, deletes language providing that the Director of Labor may promulgate rules for the collection of those penalties, deletes language providing that those penalties may be determined and assessed through an administrative hearing, and deletes language providing that those penalties shall be imposed if the employer's conduct is proven by a preponderance of the evidence to be willful. In provisions authorizing the Director of Labor to supervise the payment of unpaid minimum wages and unpaid overtime compensation and to bring an action to recover those amounts and an equal additional amount as damages, also provides that the employer shall be liable to the Department of Labor for 20% of the total employer's underpayment. Amends the Illinois Wage Payment and Collection Act by providing that an employee is liable to pay specified penalties 15 days after the Director of Labor demands (rather than orders) that the employer pay the wages. Amends both Acts by including limited liability companies in the definition of "employer". Makes other changes. Effective immediately.Senate Floor Amendment No. 3 Deletes provisions of the bill, as amended, concerning supervision by the Director of Labor of the payment of unpaid minimum wages and unpaid overtime compensation and an employer's liability for punitive damages in the case of underpayment, and re-inserts those provisions with the following additions: Provides that an employer "shall be additionally liable to the Department of Labor for up to 20% of the total employer's underpayment where the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard of this Act or any rule adopted under this Act". Makes other changes.House Amendment No. 1 Deletes provisions of the bill amending the Minimum Wage Law regarding an employer's liability for penalties and damages for underpayment of wages, and re-inserts similar provisions with revised provisions regarding penalties and damages as follows: "Such employer shall be liable to the Department of Labor for up to 20% of the total employer's underpayment where the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard of this Act or any rule adopted under this Act. Such employer shall be additionally liable to the employee for damages in the amount of 2% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid". Provides that an employee may not collect 2% damages for the same violation in both an action brought by the employee and an action brought by the Department. In provisions authorizing the Director of Labor to supervise the payment of unpaid minimum wages and unpaid overtime compensation and bring legal action to recover the unpaid amounts and damages, provides that those provisions apply if an employee has not collected damages for the same violation.Fiscal Note (H-AM 1)(Department of Labor) Administration of this Act would not require additional costs. There is no fiscal impact.House Amendment No. 2 In provisions regarding failure to comply with a subpoena or refusal of a witness to produce evidence or testify, provides that a court may (rather than shall) compel obedience by proceedings for contempt.Home Rule Note (H-AM 1) Dept of Commerce & Economic Opportunity) SB 2339 (H-AM 1) does not pre-empt home rule authority.State Mandates Fiscal Note (H-AM 1) Dept of Commerce & Economic Opportunity) SB 2339 (H-AM 1) does not create a State mandate under the State Mandates Act.Home Rule Note (H-AM 2) Dept of Commerce & Economic Opportunity) SB 2339 (H-AM 2) does not pre-empt home rule authority.State Mandates Fiscal Note (H-AM 2) Dept of Commerce & Economic Opportunity) SB 2339 (H-AM 2) does not create a State mandate under the State Mandates Act.Fiscal Note (H-AM 2)(Department of Labor) Administration of this Act would not require additional costs. There is no fiscal impact. 1/12/2006SenateFiled with Secretary by Sen. Miguel del Valle 1/12/2006SenateFirst Reading 1/12/2006SenateReferred to Rules 2/1/2006SenateAssigned to Labor 2/1/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Miguel del Valle 2/1/2006SenateSenate Committee Amendment No. 1 Referred to Rules 2/7/2006SenateSenate Committee Amendment No. 1 Rules Refers to Labor 2/7/2006SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Miguel del Valle 2/7/2006SenateSenate Committee Amendment No. 2 Referred to Rules 2/8/2006SenateSenate Committee Amendment No. 2 Rules Refers to Labor 2/8/2006SenateSenate Committee Amendment No. 2 Adopted 2/8/2006SenateDo Pass as Amended Labor; 010-000-000 2/8/2006SenatePlaced on Calendar Order of 2nd Reading February 9, 2006 2/8/2006SenateSenate Committee Amendment No. 1 Tabled in Labor; by Senator del Valle 2/9/2006SenateAdded as Co-Sponsor Sen. Antonio Munoz 2/9/2006SenateAdded as Chief Co-Sponsor Sen. Martin A. Sandoval 2/15/2006SenateAdded as Co-Sponsor Sen. Gary Forby 2/16/2006SenateSecond Reading 2/16/2006SenatePlaced on Calendar Order of 3rd Reading February 22, 2006 2/27/2006SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Miguel del Valle 2/27/2006SenateSenate Floor Amendment No. 3 Referred to Rules 2/28/2006SenateSenate Floor Amendment No. 3 Rules Refers to Labor 3/2/2006SenateSenate Floor Amendment No. 3 Recommend Do Adopt Labor; 007-000-000 3/2/2006SenateRecalled to Second Reading 3/2/2006SenateSenate Floor Amendment No. 3 Adopted; del Valle 3/2/2006SenatePlaced on Calendar Order of 3rd Reading 3/2/2006SenateThird Reading - Passed; 056-000-000 3/2/2006HouseArrived in House 3/2/2006HousePlaced on Calendar Order of First Reading 3/2/2006HouseChief House Sponsor Rep. William Delgado 3/2/2006HouseFirst Reading 3/2/2006HouseReferred to Rules Committee 3/8/2006HouseAssigned to Labor Committee 3/15/2006HouseDo Pass / Short Debate Labor Committee; 018-000-000 3/16/2006HousePlaced on Calendar 2nd Reading - Short Debate 3/30/2006HouseAdded Alternate Chief Co-Sponsor Rep. Larry McKeon 3/30/2006HouseAdded Alternate Chief Co-Sponsor Rep. Cynthia Soto 3/30/2006HouseAdded Alternate Chief Co-Sponsor Rep. Eddie Washington 3/31/2006HouseFinal Action Deadline Extended-9(b) April 7, 2006 4/7/2006HouseFinal Action Deadline Extended-9(b) April 13, 2006 4/7/2006HouseSecond Reading - Short Debate 4/7/2006HouseHeld on Calendar Order of Second Reading - Short Debate 4/10/2006HouseAdded Alternate Chief Co-Sponsor Rep. Esther Golar 4/10/2006HouseHouse Amendment No. 1 Filed with Clerk by Rep. William Delgado 4/10/2006HouseHouse Amendment No. 1 Referred to Rules Committee 4/12/2006HouseFiscal Note Filed As Amended by HA 1 4/12/2006HouseHouse Amendment No. 1 Rules Refers to Labor Committee 4/13/2006HouseFinal Action Deadline Extended-9(b) April 30, 2006 4/18/2006HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson 4/19/2006HouseHouse Amendment No. 1 Recommends Be Adopted Labor Committee; 011-001-000 4/26/2006HouseHouse Amendment No. 1 Adopted by Voice Vote 4/26/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/30/2006HouseFinal Action Deadline Extended-9(b) May 5, 2006 5/1/2006HouseRecalled to Second Reading - Short Debate 5/1/2006HouseHeld on Calendar Order of Second Reading - Short Debate 5/1/2006HouseHouse Amendment No. 2 Filed with Clerk by Rep. William Delgado 5/1/2006HouseHouse Amendment No. 2 Referred to Rules Committee 5/1/2006HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 5/2/2006HouseHome Rule Note Filed As Amended by HA 1 5/2/2006HouseState Mandates Fiscal Note Filed As Amended by HA 1 5/2/2006HouseHome Rule Note Filed As Amended by HA 2 5/2/2006HouseState Mandates Fiscal Note Filed As Amended by HA 2 5/2/2006HouseFiscal Note Filed As Amended by HA 1,2 5/2/2006HouseAdded Alternate Co-Sponsor Rep. Patrick J Verschoore 5/2/2006HouseAdded Alternate Co-Sponsor Rep. Jack McGuire 5/2/2006HouseHouse Amendment No. 2 Adopted by Voice Vote 5/2/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/2/2006HouseThird Reading - Short Debate - Passed 110-000-001 5/3/2006SenateSecretary's Desk - Concurrence House Amendment(s) 01,02 5/3/2006SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02-May 4, 2006 5/3/2006SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Miguel del Valle 5/3/2006SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 5/3/2006SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Miguel del Valle 5/3/2006SenateHouse Amendment No. 2 Motion to Concur Referred to Rules 5/3/2006SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Executive 5/3/2006SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Executive 5/3/2006SenateHouse Amendment No. 1 Recommend Do Adopt Executive; 013-000-000 5/3/2006SenateHouse Amendment No. 2 Recommend Do Adopt Executive; 013-000-000 5/4/2006HouseAdded Alternate Co-Sponsor Rep. Susana A Mendoza 5/4/2006HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke 5/4/2006SenateHouse Amendment No. 1 Senate Concurs 055-003-000 5/4/2006SenateHouse Amendment No. 2 Senate Concurs 055-003-000 5/4/2006SenatePassed Both Houses 6/2/2006SenateSent to the Governor 7/14/2006SenateGovernor Approved 7/14/2006SenateEffective Date July 14, 2006 7/14/2006SenatePublic Act . . . . . . . . . 94-1025