SB1568ham001 98TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 5/7/2013

09800SB1568ham001 LRB098 07682 JLS 45509 a

AMENDMENT TO SENATE BILL 1568

AMENDMENT NO. ______. Amend Senate Bill 1568 on page 1 by replacing line 4 with the following:

"Section 5. Findings and Purposes.

(a) The General Assembly finds the following:

(1) The intent of the Illinois General Assembly in enacting the Minimum Wage Law and the Illinois Wage Payment and Collection Act was to provide a statutory basis for a claim of retaliatory discharge.

(2) In Trochuck v. Patterson, 851 F.Supp.2d 1147, the United States District Court for the Southern District of Illinois held that the Minimum Wage Law and the Illinois Wage Payment and Collection Act cannot form the basis for a legally viable common law retaliatory discharge claim.

(b) The purposes of this Act are as follows:

(1) To clearly state that the holding in Trochuck v. Patterson as stated above is not the intent of the Illinois General Assembly.

(2) To provide a basis for a claim of retaliatory discharge under the Minimum Wage Law and the Illinois Wage Payment and Collection Act.

Section 10. The Minimum Wage Law is amended by changing Section 11 as follows:

(820 ILCS 105/11) (from Ch. 48, par. 1011)

Sec. 11. Violations and enforcement.

(a) Any employer or his agent, or the officer or agent of any private employer who:

(1) Hinders or delays the Director or his authorized representative in the performance of his duties in the enforcement of this Act; or

(2) Refuses to admit the Director or his authorized representative to any place of employment; or

(3) Fails to keep the records required under this Act or to furnish such records required or any information to be furnished under this Act to the Director or his authorized representative upon request; or

(4) Fails to make and preserve any records as required hereunder; or

(5) Falsifies any such record; or

(6) Refuses to make such records available to the Director or his authorized representative; or

(7) Refuses to furnish a sworn statement of such records or any other information required for the proper enforcement of this Act; or

(8) Fails to post a summary of this Act or a copy of any applicable regulation as required by Section 9 of this Act; shall be guilty of a Class B misdemeanor; and each day of such failure to keep the records required under this Act or to furnish such records or information to the Director or his authorized representative or to fail to post information as required herein constitutes a separate offense.

(b) Any employer or his agent, or the officer or agent of any private employer, who pays or agrees to pay to any employee wages at a rate less than the rate applicable under this Act or of any regulation issued under this Act is guilty of a Class B misdemeanor, and each week on any day of which such employee is paid less than the wage rate applicable under this Act constitutes a separate offense.

(c) It is unlawful for any employer or his or her agent, or the officer or agent of any private employer, to interfere with, restrain, or coerce an employee in any manner whatsoever in the exercise of the rights or remedies granted to him or her by this Act or to discriminate, attempt to discriminate, or threaten to discriminate against an employee in any way because of his or her exercise of the rights or remedies granted to him or her by this Act.

Any employer or his agent, or the officer or agent of any private employer, who discharges or in any other manner discriminates against any employee because that employee has made a complaint to his employer, or to the Director or his authorized representative, that he has not been paid wages in accordance with the provisions of this Act, or because that employee has caused to be instituted or is about to cause 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 of a Class B misdemeanor.

(d) It is the duty of the Department of Labor to inquire diligently for any violations of this Act, and to institute the action for penalties herein provided, and to enforce generally the provisions of this Act.

(Source: P.A. 86-799.)

Section 15. The Illinois Wage Payment and Collection Act is"; and

on page 6 by replacing line 24 with the following:

"(c) It is be unlawful for any employer or any agent of an employer to interfere with, restrain, or coerce an employee in any manner whatsoever in the exercise of the rights or remedies granted to him or her by this Act or to discriminate, attempt to discriminate, or threaten to discriminate against an employee in any way because of his or her exercise of the rights or remedies granted to him or her by this Act.

Any employer, or any agent of an employer, who"; and

on page 7 by inserting immediately below line 14 the following:

"Section 99. Effective date. This Act takes effect upon becoming law.".