(820 ILCS 105/1) (from Ch. 48,
par. 1001)
Sec. 1. This Act is known and may
be cited as the "Minimum Wage Law".
(Source: P.A. 77-1451.)
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(820 ILCS 105/2) (from Ch. 48,
par. 1002)
Sec. 2. The General Assembly finds
that the existence in industries, trades or business, or
branches thereof, including offices, mercantile establishments
and all other places of employment in the State of Illinois
covered by this Act, of conditions detrimental to the maintenance
of the minimum standard of living necessary for the health,
efficiency and general well-being of workers, leads
to labor disputes, and places burdens on the State, and
all other subordinate political bodies thereof, to assist
and supply necessary moneys and goods to workers and their
families to aid them to exist on a minimum budget for their
needs, and thus places an unnecessary burden on the taxpayers
of this State. Therefore, it is the policy of this Act
to establish a minimum wage standard for workers at a level
consistent with their health, efficiency and general well-being;
to safeguard such minimum wage against the unfair competition
of wage and hour standards which do not provide such adequate
standards of living; and to sustain purchasing power and
increase employment opportunities.
It is against public policy for
an employer to pay to his employees an amount less than that
fixed by this Act. Payment of any amount less than herein fixed
is an unreasonable and oppressive wage, and less than sufficient
to meet the minimum cost of living necessary for health. Any
contract, agreement or understanding for or in relation to such
unreasonable and oppressive wage for any employment covered by
this Act is void.
(Source: P.A. 77-1451.)
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(820 ILCS 105/2.1) (from Ch. 48,
par. 1002.1)
Sec. 2.1. Participation by an employee
in any kind of ridesharing arrangement shall not result in the
application of this Act to the period of time necessary to effectively
use such an arrangement.
(Source: P.A. 83-402.)
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(820 ILCS 105/3) (from Ch. 48,
par. 1003)
Sec. 3. As used in this Act:
(a) "Director" means
the Director of the Department of Labor, and "Department" means
the Department of Labor.
(b) "Wages" means compensation
due to an employee by reason of his employment, including allowances
determined by the Director in accordance with the provisions
of this Act for gratuities and, when furnished by the employer,
for meals and lodging actually used by the employee.
(c) "Employer" includes
any individual, partnership, association, corporation, business
trust, governmental or quasi-governmental body, or any
person or group of persons acting directly or indirectly in the
interest of an employer in relation to an employee, for which
one or more persons are gainfully employed on some day within
a calendar year. An employer is subject to this Act in a calendar
year on and after the first day in such calendar year in which
he employs one or more persons, and for the following calendar
year.
(d) "Employee" includes
any individual permitted to work by an employer in an occupation,
but does not include any individual permitted to work:
(1) For
an employer employing fewer than 4 employees
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exclusive of the employer's parent,
spouse or child or other members of his immediate
family.
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(2)
As an employee employed in agriculture or
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aquaculture (A) if such employee is
employed by an employer who did not, during
any calendar quarter during the preceding calendar
year, use more than 500 man-days of agricultural
or aquacultural labor, (B) if such employee
is the parent, spouse or child, or other member
of the employer's immediate family, (C) if
such employee (i) is employed as a hand harvest
laborer and is paid on a piece rate basis in
an operation which has been, and is customarily
and generally recognized as having been, paid
on a piece rate basis in the region of employment,
(ii) commutes daily from his permanent residence
to the farm on which he is so employed, and
(iii) has been employed in agriculture less
than 13 weeks during the preceding calendar
year, (D) if such employee (other than an employee
described in clause (C) of this subparagraph):
(i) is 16 years of age or under and is employed
as a hand harvest laborer, is paid on a piece
rate basis in an operation which has been,
and is customarily and generally recognized
as having been, paid on a piece rate basis
in the region of employment, (ii) is employed
on the same farm as his parent or person standing
in the place of his parent, and (iii) is paid
at the same piece rate as employees over 16
are paid on the same farm.
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(3)
In domestic service in or about a private home.
(4) As
an outside salesman.
(5) As
a member of a religious corporation or
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(6)
At an accredited Illinois college
or university
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employed by the college or university
at which he is a student who is covered under
the provisions of the Fair Labor Standards
Act of 1938, as heretofore or hereafter amended.
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(7)
For a motor carrier and with respect to whom the
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U.S. Secretary of Transportation has
the power to establish qualifications and maximum
hours of service under the provisions of Title
49 U.S.C. or the State of Illinois under Section
18b-105 (Title 92 of the Illinois Administrative
Code, Part 395 -Hours of Service of Drivers)
of the Illinois Vehicle Code.
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The above exclusions
from the term "employee" may be further defined
by regulations of the Director.
(e) "Occupation" means
an industry, trade, business or class of work in which employees
are gainfully employed.
(f) "Gratuities" means
voluntary monetary contributions to an employee from a guest, patron
or customer in connection with services rendered.
(g) "Outside salesman" means
an employee regularly engaged in making sales or obtaining orders
or contracts for services where a major portion of such duties
are performed away from his employer's place of business.
(Source: P.A. 91-357, eff. 7-29-99.)
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(820 ILCS 105/4) (from Ch. 48, par. 1004)
Sec. 4. (a) Every employer shall
pay to each of his employees in every occupation wages
of not less than $2.30 per hour or in the case of employees
under 18 years of age wages of not less than $1.95 per
hour, except as provided in Sections 5 and 6 of this Act,
and on and after January 1, 1984, every employer shall
pay to each of his employees in every occupation wages
of not less than $2.65 per hour or in the case of employees
under 18 years of age wages of not less than $2.25 per
hour, and on and after October 1, 1984 every employer shall
pay to each of his employees in every occupation wages
of not less than $3.00 per hour or in the case of employees
under 18 years of age wages of not less than $2.55 per
hour, and on or after July 1, 1985 every employer shall
pay to each of his employees in every occupation wages
of not less than $3.35 per hour or in the case of employees
under 18 years of age wages of not less than $2.85 per
hour, and from January 1, 2004 through December 31, 2004
every employer shall pay to each of his or her employees
who is 18 years of age or older in every occupation wages
of not less than $5.50 per hour, and on and after January
1, 2005 every employer shall pay to each of his or her
employees who is 18 years of age or older in every occupation
wages of not less than $6.50 per hour.
At no time shall the wages paid
to any employee under 18 years of age be more than 50¢ less than
the wage required to be paid to employees who are at least 18
years of age.
(b) No employer shall discriminate
between employees on the basis of sex or mental or physical handicap,
except as otherwise provided in this Act by paying wages to employees
at a rate less than the rate at which he pays wages to employees
for the same or substantially similar work on jobs the performance
of which requires equal skill, effort, and responsibility, and
which are performed under similar working conditions, except
where such payment is made pursuant to (1) a seniority system;
(2) a merit system; (3) a system which measures earnings by quantity
or quality of production; or (4) a differential based on any
other factor other than sex or mental or physical handicap, except
as otherwise provided in this Act.
(c) Every employer of an employee
engaged in an occupation in which gratuities have customarily
and usually constituted and have been recognized as part of the
remuneration for hire purposes is entitled to an allowance for
gratuities as part of the hourly wage rate provided in Section
4, subsection (a) in an amount not to exceed 40% of the applicable
minimum wage rate. The Director shall require each employer desiring
an allowance for gratuities to provide substantial evidence that
the amount claimed, which may not exceed 40% of the applicable
minimum wage rate, was received by the employee in the period
for which the claim of exemption is made, and no part thereof
was returned to the employer.
(d) No camp counselor who resides
on the premises of a seasonal camp of an organized not-for-profit
corporation shall be subject to the adult minimum wage if the
camp counselor (1) works 40 or more hours per week, and (2) receives
a total weekly salary of not less than the adult minimum wage
for a 40-hour week. If the counselor works less than 40
hours per week, the counselor shall be paid the minimum hourly
wage for each hour worked. Every employer of a camp counselor
under this subsection is entitled to an allowance for meals and
lodging as part of the hourly wage rate provided in Section 4,
subsection (a), in an amount not to exceed 25% of the minimum
wage rate.
(e) A camp counselor employed at
a day camp of an organized not-for-profit corporation
is not subject to the adult minimum wage if the camp counselor
is paid a stipend on a onetime or periodic basis and, if the
camp counselor is a minor, the minor's parent, guardian or other
custodian has consented in writing to the terms of payment before
the commencement of such employment.
(Source: P.A. 93-581, eff. 1-1-04.)
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(820 ILCS 105/4a) (from
Ch. 48, par. 1004a)
Sec. 4a. (1) Except as otherwise
provided in this Section, no employer shall employ any of his
employees for a workweek of more than 40 hours unless such employee
receives compensation for his employment in excess of the hours
above specified at a rate not less than 1 1/2 times the regular
rate at which he is employed.
(2) The provisions of subsection
(1) of this Section are not applicable to:
A. Any
salesman or mechanic primarily engaged in
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selling or servicing automobiles, trucks
or farm implements, if he is employed by a
nonmanufacturing establishment primarily engaged
in the business of selling such vehicles or
implements to ultimate purchasers.
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B.
Any salesman primarily engaged in selling
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trailers, boats, or aircraft, if he
is employed by a nonmanufacturing establishment
primarily engaged in the business of selling
trailers, boats, or aircraft to ultimate purchasers.
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C.
Any employer of agricultural labor, with respect
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to such agricultural employment.
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D.
Any employee of a governmental body excluded from
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the definition of "employee" under
paragraph (e)(2)(C) of Section 3 of the Federal
Fair Labor Standards Act of 1938.
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E.
Any employee employed in a bona fide executive,
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administrative or professional capacity,
including any radio or television announcer,
news editor, or chief engineer, as defined
by or covered by the Federal Fair Labor Standards
Act of 1938 and the rules adopted under that
Act, as both exist on March 30, 2003, but compensated
at the amount of salary specified in subsections
(a) and (b) of Section 541.600 of Title 29
of the Code of Federal Regulations as proposed
in the Federal Register on March 31, 2003 or
a greater amount of salary as may be adopted
by the United States Department of Labor. For
bona fide executive, administrative, and professional
employees of not-for-profit corporations,
the Director may, by regulation, adopt a weekly
wage rate standard lower than that provided
for executive, administrative, and professional
employees covered under the Fair Labor Standards
Act of 1938, as now or hereafter amended.
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F.
Any commissioned employee as described in
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paragraph (i) of Section 7 of the Federal
Fair Labor Standards Act of 1938 and rules
and regulations promulgated thereunder, as
now or hereafter amended.
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G.
Any employment of an employee in the stead of
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another employee of the same employer
pursuant to a worktime exchange agreement between
employees.
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H.
Any employee of a not-for-profit educational
or
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residential child care institution who
(a) on a daily basis is directly involved in
educating or caring for children who (1) are
orphans, foster children, abused, neglected
or abandoned children, or are otherwise homeless
children and (2) reside in residential facilities
of the institution and (b) is compensated at
an annual rate of not less than $13,000 or,
if the employee resides in such facilities
and receives without cost board and lodging
from such institution, not less than $10,000.
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I.
Any employee employed as a crew member of any
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uninspected towing vessel, as defined
by Section 2101(40) of Title 46 of the United
States Code, operating in any navigable waters
in or along the boundaries of the State of
Illinois.
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(3) Any employer
may employ any employee for a period or periods of
not more than 10 hours in the aggregate in any workweek
in excess of the maximum hours specified in subsection
(1) of this Section without paying the compensation
for overtime employment prescribed in subsection (1)
if during that period or periods the employee is receiving
remedial education that:
(a) is
provided to employees who lack a high school
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diploma or educational attainment at
the eighth grade level;
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(b)
is designed to provide reading and other basic
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skills at an eighth grade level or below;
and
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(c)
does not include job specific training.
(4) A governmental body is not
in violation of subsection
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(1) if the governmental body provides
compensatory time pursuant to paragraph (o)
of Section 7 of the Federal Fair Labor Standards
Act of 1938, as now or hereafter amended, or
is engaged in fire protection or law enforcement
activities and meets the requirements of paragraph
(k) of Section 7 or paragraph (b)(20) of Section
13 of the Federal Fair Labor Standards Act
of 1938, as now or hereafter amended.
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(Source: P.A. 92-623, eff. 7-11-02;
93-672, eff. 4-2-04.)
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(820 ILCS 105/5) (from Ch. 48, par. 1005)
Sec. 5. The Director may provide
by regulation for the employment in any occupation of individuals
whose earning capacity is impaired by age, or physical
or mental deficiency or injury at such wages lower than
the minimum wage rate provided in Section 4, subsection
(a), as he may find appropriate to prevent curtailment
of opportunities for employment, to avoid undue hardship,
and to safeguard the minimum wage rate of this Act, except
that no person who maintains a production level within
the limits required of other employees may be paid at less
than the minimum wage. No employee shall be employed at
wages fixed pursuant to this Section except under a special
license issued under applicable regulations of the Director.
(Source: P.A. 77-1451.)
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(820 ILCS 105/6) (from Ch. 48, par. 1006)
Sec. 6. (a) For any occupation,
the Director may provide by regulation for the employment
in that occupation of learners at such wages lower than
the minimum wage provided in Section 4, subsection (a)
as the Director may find appropriate to prevent curtailment
of opportunities for employment and to safeguard the minimum
wage rate of this Act.
(b) Where the Director has provided
by regulation for the employment of learners, such regulations
are subject to provisions hereinafter set forth and to such additional
terms and conditions as may be established in supplemental regulations
applicable to the employment of learners in particular industries.
(c) In any occupation, every employer
may pay a subminimum wage to learners during their period of
learning. However, under no circumstances, may an employer pay
a learner a wage less than 70% of the minimum wage rate provided
in Section 4, subsection (a) of this Act for employees 18 years
of age or older.
(d) No person is deemed a learner
in any occupation for which he has completed the required training;
and in no case may a person be deemed a learner in that occupation
after 6 months of such training, except where the Director finds,
after investigation, that for the particular occupation a
minimum of proficiency cannot be acquired in 6 months.
(Source: P.A. 81-1144.)
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(820 ILCS 105/7) (from Ch. 48, par. 1007)
Sec. 7. The Director or his authorized
representatives have the authority to:
(a) Investigate and gather data
regarding the wages, hours and other conditions and practices
of employment in any industry subject to this Act, and may enter
and inspect such places and such records (and make such transcriptions
thereof) at reasonable times during regular business hours, not
including lunch time at a restaurant, question such employees,
and investigate such facts, conditions, practices or matters
as he may deem necessary or appropriate to determine whether
any person has violated any provision of this Act, or which may
aid in the enforcement of this Act.
(b) Require from any employer full
and correct statements and reports in writing, including sworn
statements, at such times as the Director may deem necessary,
of the wages, hours, names, addresses, and other information
pertaining to his employees as he may deem necessary for the
enforcement of this Act.
(Source: P.A. 77-1451.)
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(820 ILCS 105/8) (from Ch. 48, par. 1008)
Sec. 8. Every employer subject
to any provision of this Act or of any order issued under
this Act shall make and keep for a period of not less than
3 years, true and accurate records of the name, address
and occupation of each of his employees, the rate of pay,
and the amount paid each pay period to each employee, the
hours worked each day in each work week by each employee,
and such other information and make such reports therefrom
to the Director as the Director may by regulation prescribe
as necessary or appropriate for the enforcement of the
provisions of this Act or of the regulations thereunder.
Such records shall be open for inspection or transcription
by the Director or his authorized representative at any
reasonable time as limited by paragraph (a) of Section
7 of this Act. Every employer shall furnish to the Director
or his authorized representative on demand a sworn statement
of such records and information upon forms prescribed or
approved by the Director. Each worker employed at the learner
rate must be designated as such on the payroll record kept
by the employer, with the learner's occupation shown.
(Source: P.A. 77-1451.)
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(820 ILCS 105/9) (from Ch. 48, par. 1009)
Sec. 9. Every employer subject
to any provision of this Act or of any regulations issued
under this Act shall keep a summary of this Act approved
by the Director, and copies of any applicable regulations
issued under this Act or a summary of such regulations,
posted in a conspicuous and accessible place in or about
the premises wherever any person subject to this Act is
employed. Employers shall be furnished copies of such summaries
and regulations by the State on request without charge.
(Source: P.A. 77-1451.)
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(820 ILCS 105/10) (from
Ch. 48, par. 1010)
Sec. 10. (a) The Director shall
make and revise administrative regulations, including definitions
of terms, as he deems appropriate to carry out the purposes of
this Act, to prevent the circumvention or evasion thereof, and
to safeguard the minimum wage established by the Act. Regulations
governing employment of learners may be issued only after notice
and opportunity for public hearing, as provided in subsection
(c) of this Section.
(b) In order to prevent curtailment
of opportunities for employment, avoid undue hardship, and safeguard
the minimum wage rate under this Act, the Director may also issue
regulations providing for the employment of handicapped workers
at wages lower than the wage rate applicable under this Act,
under permits and for such periods of time as specified therein;
and providing for the employment of learners at wages lower than
the wage rate applicable under this Act. However, such regulation
shall not permit lower wages for the handicapped on any basis
that is unrelated to such person's ability resulting from his
handicap, and such regulation may be issued only after notice
and opportunity for public hearing as provided in subsection
(c) of this Section.
(c) Prior to the adoption, amendment
or repeal of any rule or regulation by the Director under this
Act, except regulations which concern only the internal management
of the Department of Labor and do not affect any public right
provided by this Act, the Director shall give proper notice to
persons in any industry or occupation that may be affected by
the proposed rule or regulation, and hold a public hearing on
his proposed action at which any such affected person, or his
duly authorized representative, may attend and testify or present
other evidence for or against such proposed rule or regulation.
Rules and regulations adopted under this Section shall be filed
with the Secretary of State in compliance with "An Act concerning
administrative rules", as now or hereafter amended. Such
adopted and filed rules and regulations shall become effective
10 days after copies thereof have been mailed by the Department
to persons in industries affected thereby at their last known
address.
(d) The commencement of proceedings
by any person aggrieved by an administrative regulation issued
under this Act does not, unless specifically ordered by the Court,
operate as a stay of that administrative regulation against other
persons. The Court shall not grant any stay of an administrative
regulation unless the person complaining of such regulation files
in the Court an undertaking with a surety or sureties satisfactory
to the Court for the payment to the employees affected by the
regulation, in the event such regulation is affirmed, of the
amount by which the compensation such employees are entitled
to receive under the regulation exceeds the compensation they
actually receive while such stay is in effect.
(Source: P.A. 77-1451.)
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(820 ILCS 105/11) (from
Ch. 48, par. 1011)
Sec. 11. (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) 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.)
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(820 ILCS 105/12) (from
Ch. 48, par. 1012)
Sec. 12. (a) If any employee is
paid by his employer less than the wage to which he is entitled
under the provisions of this Act, the employee may recover in
a civil action the amount of any such underpayments together
with costs and such reasonable attorney's fees as may be allowed
by the Court, and any agreement between him and his employer
to work for less than such wage is no defense to such action.
At the request of the employee or on motion of the Director of
Labor, the Department of Labor may make an assignment of such
wage claim in trust for the assigning employee and may bring
any legal action necessary to collect such claim, and the employer
shall be required to pay the costs incurred in collecting such
claim. Every such action shall be brought within 3 years from
the date of the underpayment. Such employer shall be liable to
the Department of Labor for 20% of the total employer's underpayment
and shall be additionally liable to the employee for punitive
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. The Director may promulgate rules
for the collection of these penalties. The amount of a penalty
may be determined, and the penalty may be assessed, through an
administrative hearing. The penalty may be recovered in a civil
action brought by the Director of Labor in any circuit court.
The penalty shall be imposed in cases in which an employer's
conduct is proven by a preponderance of the evidence to be willful.
In any such action, the Director of Labor shall be represented
by the Attorney General.
(b) The Director is authorized
to supervise the payment of the unpaid minimum wages and the
unpaid overtime compensation owing to any employee or employees
under Sections 4 and 4a of this Act and may bring any legal action
necessary to recover the amount of the unpaid minimum wages and
unpaid overtime compensation and an equal additional amount as
punitive damages, and the employer shall be required to pay the
costs. The action shall be brought within 5 years from the date
of the failure to pay the wages or compensation. Any sums thus
recovered by the Director on behalf of an
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