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SB2339 Enrolled LRB104 09425 SPS 19485 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Right to Privacy in the Workplace Act is
5 amended by changing Sections 15 and 20 and by adding Sections
6 14, 16, 17, 18, 19, and 25 as follows:
7 (820 ILCS 55/14 new)
8 Sec. 14. Employment requirements.
9 (a) If an employer receives a written notification from
10 any federal agency or other outside vendor not responsible for
11 the enforcement of immigration law, including, but not limited
12 to, the Social Security Administration, the Internal Revenue
13 Service, or an insurance company, of a discrepancy as it
14 relates to an employee's individual taxpayer identification
15 number or other identifying documents, the following rights
16 and protections are granted to the employee:
17 (1) The employer shall not take any adverse action
18 against the employee solely based on the receipt of the
19 notification.
20 (2) The employer shall provide a notice to the
21 employee and to the employee's authorized representative,
22 if any, as soon as practicable, but not more than 5
23 business days after the date of receipt of the
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1 notification or after the employer makes the determination
2 that an employee must respond to the notification in any
3 manner, whichever is longer, unless a shorter timeline is
4 provided for under federal law or a collective bargaining
5 agreement. The employer shall notify the employee in
6 person and deliver the notification by hand, if possible.
7 If hand delivery is not possible, then the employer shall
8 notify the employee by mail and email, if the email
9 address of the employee is known, and shall notify the
10 employee's authorized representative. Upon request by the
11 employee or the employee's authorized representative, the
12 employer shall give to the employee the original
13 notification. The notice to the employee shall include,
14 but shall not be limited to: (i) an explanation that the
15 federal agency or outside vendor not responsible for the
16 enforcement of immigration law has notified the employer
17 that the identification documents presented by the
18 employee do not appear to match; (ii) the time period the
19 employee has to contest the disputed information, if such
20 a time period is required by federal law; and (iii) any
21 action the employer is requiring the employee to take.
22 (3) The employee may have a representative of the
23 employee's choosing in any meetings, discussions, or
24 proceedings with the employer.
25 (b) This Section applies to public and private employers.
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1 (820 ILCS 55/15) (from Ch. 48, par. 2865)
2 Sec. 15. Administration and enforcement by the Department
3 and Attorney General.
4 (a) It shall be the duty of the Department to enforce the
5 provisions of this Act when, in the Department's judgment,
6 there is cause and sufficient resources for investigation. The
7 Department shall have the power to conduct investigations in
8 connection with the administration and enforcement of this
9 Act, and any investigator with the Department shall be
10 authorized to visit and inspect, at all reasonable times, any
11 places covered by this Act and shall be authorized to inspect,
12 at all reasonable times, records of the employer or
13 prospective employer related to its employees or prospective
14 employees and related to its activities under and in
15 compliance with this Act. The Department shall have the
16 authority to request the issuance of a search warrant or
17 subpoena to inspect the files of the employer or prospective
18 employer, if necessary. The Department shall conduct hearings
19 in accordance with the Illinois Administrative Procedure Act
20 upon written complaint by an investigator of the Department.
21 After the hearing, if supported by the evidence, the
22 Department may (i) issue and cause to be served on any party an
23 order to cease and desist from further violation of the Act,
24 (ii) take affirmative or other action as deemed reasonable to
25 eliminate the effect of the violation, and (iii) determine the
26 amount of any civil penalty allowed by the Act. The Director of
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1 Labor or his or her representative may compel, by subpoena,
2 the attendance and testimony of witnesses and the production
3 of books, payrolls, records, papers, and other evidence in any
4 investigation or hearing and may administer oaths to witnesses
5 The Director of Labor or his authorized representative shall
6 administer and enforce the provisions of this Act. The
7 Director of Labor may issue rules and regulations necessary to
8 administer and enforce the provisions of this Act.
9 (a-5) If the Attorney General has reasonable cause to
10 believe that any person or entity has engaged in a practice
11 prohibited by this Act, the Attorney General may, pursuant to
12 the authority conferred by Section 6.3 of the Attorney General
13 Act, initiate or intervene in a civil action in the name of the
14 People of the State in any appropriate court to obtain
15 appropriate relief.
16 (b) If an employee or applicant for employment alleges
17 that he or she has been denied his or her rights under this
18 Act, he or she may file a complaint with the Department of
19 Labor. The Department shall investigate the complaint pursuant
20 to its authority under subsection (a) and shall have authority
21 to request the issuance of a search warrant or subpoena to
22 inspect the files of the employer or prospective employer, if
23 necessary. The Department shall attempt to resolve the
24 complaint by conference, conciliation, or persuasion. If the
25 complaint is not so resolved and the Department finds the
26 employer or prospective employer has violated the Act, the
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1 Department may commence an action in the circuit court to
2 enforce the provisions of this Act including an action to
3 compel compliance. The circuit court for the county in which
4 the complainant resides or in which the complainant is
5 employed shall have jurisdiction in such actions.
6 (c) (Blank). If an employer or prospective employer
7 violates this Act, an employee or applicant for employment may
8 commence an action in the circuit court to enforce the
9 provisions of this Act, including actions to compel
10 compliance, where efforts to resolve the employee's or
11 applicant for employment's complaint concerning the violation
12 by conference, conciliation or persuasion under subsection (b)
13 have failed and the Department has not commenced an action in
14 circuit court to redress the violation. The circuit court for
15 the county in which the complainant resides or in which the
16 complainant is employed shall have jurisdiction in such
17 actions.
18 (d) (Blank). Failure to comply with an order of the court
19 may be punished as contempt. In addition, the court shall
20 award an employee or applicant for employment prevailing in an
21 action under this Act the following damages:
22 (1) Actual damages plus costs.
23 (2) For a willful and knowing violation of this Act,
24 $200 plus costs, reasonable attorney's fees, and actual
25 damages.
26 (3) For a willful and knowing violation of Section
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1 12(c) or Section 12(c-2) of this Act, $500 per affected
2 employee plus costs, reasonable attorney's fees, and
3 actual damages.
4 (4) For a willful and knowing violation of Section 13,
5 a civil penalty of a minimum of $2,000 up to a maximum of
6 $5,000 for a first violation and a civil penalty of a
7 minimum of $5,000 up to a maximum of $10,000 for each
8 subsequent violation per affected employee plus costs,
9 reasonable attorney's fees, and actual damages.
10 (e) (Blank). Any employer or prospective employer or his
11 agent who violates the provisions of this Act is guilty of a
12 petty offense.
13 (f) Any employer or prospective employer, or the officer
14 or agent of any employer or prospective employer, who
15 discharges or in any other manner discriminates against any
16 employee or applicant for employment because that employee or
17 applicant for employment has made a complaint to his employer,
18 or to the Director of Labor or his authorized representative,
19 or because that employee or applicant for employment has
20 caused to be instituted or is about to cause to be instituted
21 any proceeding under or related to this Act, or because that
22 employee or applicant for employment has testified or is about
23 to testify in an investigation or proceeding under this Act,
24 is guilty of a petty offense.
25 (g) No employer or prospective employer shall be subject
26 to concurrent or duplicative enforcement actions under this
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1 Act based on the same set of facts or alleged violations
2 involving the same individual or individuals. Upon the
3 initiation of any action under this Act, any other action
4 arising from the same set of facts or alleged violations and
5 involving the same individual or individuals shall be barred.
6 For the purposes of this Section, an action is deemed to be
7 initiated upon the filing of a complaint in circuit court.
8 (Source: P.A. 103-879, eff. 1-1-25.)
9 (820 ILCS 55/16 new)
10 Sec. 16. Action for civil penalties brought by an
11 interested party.
12 (a) As used in this Section, "interested party" means a
13 not-for-profit corporation, as defined by the General Not For
14 Profit Corporation Act of 1986, or a labor organization, as
15 defined by 29 U.S.C. 152(5), that monitors or is attentive to
16 compliance with worker safety and privacy laws, wage and hour
17 requirements, or other statutory requirements.
18 (b) Upon a reasonable belief that an employer or
19 prospective employer covered by this Act is in violation of
20 any part of this Act, an interested party may bring a civil
21 action in the county where the alleged offenses occurred or
22 where any party to the action resides, in the name of the State
23 or for the benefit of any impacted employees or prospective
24 employees.
25 (1) No later than 30 days after filing an action, the
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1 interested party shall serve upon the State through the
2 Attorney General a copy of the complaint and written
3 disclosure of substantially all material evidence and
4 information the interested party possesses.
5 (2) The State may elect to intervene and proceed with
6 the action no later than 60 days after it receives both the
7 complaint and the material evidence and information. The
8 State may, for good cause shown, move the court for an
9 extension of the time to intervene and proceed with the
10 action.
11 (3) Before the expiration of the 60-day period or any
12 extensions under paragraph (2), the State shall:
13 (A) proceed with the action, in which case the
14 action shall be conducted by the State; or
15 (B) notify the court that it declines to take the
16 action, in which case the interested party bringing
17 the action shall have the right to conduct the action.
18 (4) When the State conducts the action, the interested
19 party shall have the right to continue as a party to the
20 action subject to the following limitations:
21 (A) the State may dismiss the action
22 notwithstanding the objections of the interested party
23 initiating the action if the interested party has been
24 notified by the State of the filing of the motion and
25 the court has provided the interested party with an
26 opportunity for a hearing on the motion; and
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1 (B) the State may settle the action with the
2 defendant notwithstanding the objections of the person
3 initiating the action if the court determines, after a
4 hearing, that the proposed settlement is fair,
5 adequate, and reasonable under all the circumstances.
6 (5) If an interested party brings an action under this
7 Section, no person other than the State may intervene or
8 bring a related action on behalf of the State based on the
9 facts underlying the pending action. An interested party
10 may bring the action subject to the following limitations:
11 (A) the State may dismiss the action
12 notwithstanding the objections of the interested party
13 initiating the action if the interested party has been
14 notified by the State of the filing of the motion and
15 the court has provided the interested party with an
16 opportunity for a hearing on the motion; and
17 (B) the State may settle the action with the
18 defendant notwithstanding the objections of the person
19 initiating the action if the court determines, after a
20 hearing, that the proposed settlement is fair,
21 adequate, and reasonable under all the circumstances.
22 (6) An action brought in court by an interested party
23 under this Section may be dismissed if the court and the
24 Attorney General give written consent to the dismissal and
25 their reasons for consenting.
26 (c) Any claim or action filed by an interested party under
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1 this Section shall be made no later than 3 years after the
2 alleged conduct resulting in the complaint, plus any period
3 for which the limitations period has been tolled.
4 (d) In an action brought by an interested party under this
5 Section, an interested party may recover against the covered
6 entity any statutory penalties set forth in Section 17,
7 injunctive relief, and any other relief available to the
8 Department. An interested party who prevails in a civil action
9 shall receive 10% of any statutory penalties assessed, plus
10 any attorney's fees and costs. The remaining 90% of any
11 statutory penalties assessed shall be deposited into the Child
12 Labor and Day and Temporary Labor Services Enforcement Fund
13 and shall be used for the purposes set forth in Section 75 of
14 the Child Labor Law of 2024.
15 (820 ILCS 55/17 new)
16 Sec. 17. Private right of action.
17 (a) A person aggrieved by a violation of this Act or any
18 rule adopted under this Act by an employer or prospective
19 employer may file suit in circuit court of Illinois, in the
20 county where the alleged offense occurred, where the employee
21 or prospective employee who is party to the action resides, or
22 where the employer or prospective employer which is party to
23 the action is located, without regard to exhaustion of any
24 alternative administrative remedies provided in this Act.
25 Actions may be brought by one or more affected employees or
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1 prospective employees for and on behalf of themselves and
2 employees or prospective employees similarly situated. An
3 employee or prospective employee may recover for a violation
4 of the Act under this Section or under Section 15 or 16 at the
5 employee or prospective employee's option, but not under more
6 than one Section. An employee or prospective employee whose
7 rights have been violated under this Act by an employer or
8 prospective employer is entitled to collect under this
9 Section:
10 (1) in the case of a violation of this Act or any rule
11 adopted under this Act as it relates to the employee or
12 prospective employee, a civil penalty of not less than
13 $100 and not more than $1,000 for each violation found by a
14 court;
15 (2) in the case of a violation of this Act or any rule
16 adopted under this Act as it relates to denial or loss of
17 employment for the employee or prospective employee, all
18 relief necessary to make the employee whole, including,
19 but not limited to, the following:
20 (A) reinstatement with the same seniority status
21 that the employee would have had but for the
22 violation, as appropriate;
23 (B) back pay, with interest, as appropriate; and
24 (C) a civil penalty of $10,000; and
25 (3) compensation for any damages sustained as a result
26 of the violation, including litigation costs, expert
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1 witness fees, and reasonable attorney's fees.
2 (b) The right of an aggrieved person to bring an action
3 under this Section terminates upon the passing of 3 years
4 after the date of the violation. This limitations period is
5 tolled if an employer or prospective employer has failed to
6 provide an employee or prospective employee information
7 required under this Act or has deterred an employee or
8 prospective employee from the exercise of rights under this
9 Act.
10 (820 ILCS 55/18 new)
11 Sec. 18. Penalties.
12 (a) An employer or prospective employer that violates any
13 of the provisions of this Act or any rule adopted under this
14 Act shall be subject to a civil penalty of not less than $100
15 and not more than $1,000 for each violation of his Act found by
16 the Department or determined by a court in a civil action
17 brought by the Department or by an interested party, as
18 defined in subsection (a) of Section 16, or determined by a
19 court in a civil action brought by the Attorney General
20 pursuant to its authority under Section 6.3 of the Attorney
21 General Act. An employer or prospective employer that commits
22 a second or subsequent violation of the same provisions or
23 this Act or any rule adopted under this Act within a 3-year
24 period shall be subject to a civil penalty of not less than
25 $1,000 and not more than $5,000 for each violation of this Act
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1 found by the Department or determined by a court in a civil
2 action brought by the Department or by an interested party, as
3 defined in subsection (a) of Section 16, or determined by a
4 court in a civil action brought by the Attorney General
5 pursuant to its authority under Section 6.3 of the Attorney
6 General Act. For purposes of this subsection, each violation
7 of this Act or any rule adopted under this Act shall constitute
8 a separate and distinct violation.
9 (b) In determining the amount of a penalty, the Director
10 or circuit court shall consider (i) the appropriateness of the
11 penalty to the size of the business of the employer charged and
12 (ii) the gravity of the violation.
13 (c) The Department shall adopt rules for violation
14 hearings and penalties for violations of this Act or the
15 Department's rules in conjunction with the penalties set forth
16 in this Act. Any administrative determination by the
17 Department as to the amount of each penalty shall be final
18 unless reviewed as provided in Section 19.
19 (820 ILCS 55/19 new)
20 Sec. 19. Review under the Administrative Review Law. Any
21 party to a proceeding under this Act may apply for and obtain
22 judicial review of an order of the Department entered under
23 this Act in accordance with the provisions of the
24 Administrative Review Law, and the Department, in proceedings
25 under this Act, may obtain an order from the court for the
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1 enforcement of its order.
2 (820 ILCS 55/20)
3 Sec. 20. Dismissal of complaint. The Director or any court
4 of competent jurisdiction shall summarily dismiss any
5 complaint alleging a violation of Section 5 of this Act which
6 states as the sole cause of the complaint that the employer
7 offered a health, disability, or life insurance policy that
8 makes a distinction between employees for the type of coverage
9 or the price of coverage based upon the employees' use of
10 lawful products.
11 (Source: P.A. 87-807.)
12 (820 ILCS 55/25 new)
13 Sec. 25. Voluntary compliance and safe harbor. No
14 penalties shall be imposed for violations of Section 14 if the
15 employer or prospective employer:
16 (1) acts in good faith reliance on guidance issued by
17 the Illinois Department of Labor or the federal Department
18 of Homeland Security; or
19 (2) makes a bona fide administrative error that does
20 not affect an employee or prospective employee's
21 employment or pay.
22 (820 ILCS 55/12 rep.)
23 (820 ILCS 55/13 rep.)
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1 Section 10. The Right to Privacy in the Workplace Act is
2 amended by repealing Sections 12 and 13.
3 Section 15. The Child Labor Law of 2024 is amended by
4 changing Section 75 as follows:
5 (820 ILCS 206/75)
6 Sec. 75. Civil penalties.
7 (a) Any person employing, allowing, or permitting a minor
8 to work who violates any of the provisions of this Act or any
9 rule adopted under the Act shall be subject to civil penalties
10 as follows:
11 (1) if a minor dies while working for an employer who
12 is found by the Department to have been employing,
13 allowing, or permitting the minor to work in violation of
14 this Act, the employer is subject to a penalty not to
15 exceed $60,000, payable to the Department;
16 (2) if a minor receives an illness or an injury that is
17 required to be reported to the Department under Section 35
18 while working for an employer who is found by the
19 Department to have been employing, allowing, or permitting
20 the minor to work in violation of this Act, the employer is
21 subject to a penalty not to exceed $30,000, payable to the
22 Department;
23 (3) an employer who employs, allows, or permits a
24 minor to work in violation of Section 40 shall be subject
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1 to a penalty not to exceed $15,000, payable to the
2 Department;
3 (4) an employer who fails to post or provide the
4 required notice under subsection (g) of Section 35 shall
5 be subject to a penalty not to exceed $500, payable to the
6 Department; and
7 (5) an employer who commits any other violation of
8 this Act shall be subject to a penalty not to exceed
9 $10,000, payable to the Department.
10 In determining the amount of the penalty, the
11 appropriateness of the penalty to the size of the business of
12 the employer charged and the gravity of the violation shall be
13 considered.
14 Each day during which any violation of this Act continues
15 shall constitute a separate and distinct offense, and the
16 employment of any minor in violation of the Act shall, with
17 respect to each minor so employed, constitute a separate and
18 distinct offense.
19 (b) Any administrative determination by the Department of
20 the amount of each penalty shall be final unless reviewed as
21 provided in Section 70.
22 (c) The amount of the penalty, when finally determined,
23 may be recovered in a civil action brought by the Director in
24 any circuit court, in which litigation the Director shall be
25 represented by the Attorney General. In an action brought by
26 the Department, the Department may request, and the Court may
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1 impose on a defendant employer, an additional civil penalty of
2 up to an amount equal to the penalties assessed by the
3 Department to be distributed to an impacted minor. In an
4 action concerning multiple minors, any such penalty imposed by
5 the Court shall be distributed equally among the minors
6 employed in violation of this Act by the defendant employer.
7 (d) Penalties recovered under this Section shall be paid
8 by certified check, money order, or by an electronic payment
9 system designated by the Department, and deposited into the
10 Child Labor and Day and Temporary Labor Services Enforcement
11 Fund, a special fund in the State treasury. Moneys in the Fund
12 shall be used, subject to appropriation, for exemplary
13 programs, demonstration projects, and other activities or
14 purposes related to the enforcement of this Act or for the
15 activities or purposes related to the enforcement of the Day
16 and Temporary Labor Services Act, the Private Employment
17 Agency Act, or the Right to Privacy in the Workplace Act or for
18 the activities or purposes related to the enforcement of the
19 Private Employment Agency Act.
20 (Source: P.A. 103-721, eff. 1-1-25.)
21 Section 97. Severability. The provisions of this Act are
22 severable under Section 1.31 of the Statute on Statutes.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.Every fact on this page links to its source, starting with the official bill record.