HB 4600

Abstract

Amends the One Day Rest In Seven Act. Provides that any employer who violates any of the provisions of the Act, shall be guilty of a civil offense (rather than a petty offense), and shall be subject to a civil penalty of up to $500 per offense, payable to the Department of Labor, and damages of up to $500 per offense, payable to the employee or employees affected (rather than be fined for each offense in a sum of not less than $25 nor more than $100). Provides for which actions shall constitute a separate offense. Provides that the Director of Labor shall enforce the Act in accordance with the Illinois Administrative Procedure Act. Provides that any funds collected by the Department shall be deposited in the Child Labor and Day and Temporary Labor Services Enforcement Fund. House Committee Amendment No. 1 Adds reference to: 820 ILCS 140/2 from Ch. 48, par. 8b 820 ILCS 140/8.5 new 820 ILCS 140/9 from Ch. 48, par. 8i Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Further amends the One Day Rest In Seven Act. Provides that every employer covered by the Act shall post and keep posted, in one or more conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be provided by the Director of Labor, summarizing the requirements of the Act and information pertaining to the filing of a complaint. Provides that the Director of Labor shall provide copies of summaries and rules to employers upon request without charge. Provides that an employer with employees who do not regularly report to a physical workplace, and instead work remotely or travel for work, shall also provide the notice by email to its employees or on a website, regularly used by the employer to communicate work-related information, that all employees are able to regularly access, freely and without interference. Changes references from "calendar week" to "consecutive 7-day period". House Floor Amendment No. 2 Adds reference to: 820 ILCS 140/3 from Ch. 48, par. 8c Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with the following changes: Further amends the One Day Rest In Seven Act. Provides that an employee who works in excess of 7 1/2 continuous hours shall be entitled to an additional 20-minute meal period for every additional 4 1/2 continuous hours worked. Provides that any employer who violates specified provisions of the Act shall be subject to a civil penalty. Provides that for an employer with fewer than 25 employees, the civil penalty shall not exceed $250 per offense, payable to the Department of Labor, and damages of up to $250 per offense, payable to the employee or employees affected. Provides that for an employer with 25 or more employees, the civil penalty shall not exceed $500 per offense, payable to the Department, and damages of up to $500 per offense, payable to the employee or employees affected. Provides that an offense under the Act shall be determined on an individual basis for each employee whose rights are violated. Senate Floor Amendment No. 1 Deletes reference to: 820 ILCS 140/2 820 ILCS 140/3 820 ILCS 140/7 820 ILCS 140/8.5 new 820 ILCS 140/9 Adds reference to: 820 ILCS 115/13.5 Replaces everything after the enacting clause. Provides that if and only if House Bill 5412 of the 102nd General Assembly becomes law, then the Illinois Wage Payment and Collection Act is amended as follows: Provides that for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State where the aggregate costs of the project exceed $20,000 shall assume, and is liable for, any debt owed to a claimant by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Removes language concerning debt owed to a third party incurred on a wage claimant's behalf. Provides that the following shall be exempt from liability: (i) primary contractors who are parties to a collective bargaining agreement on the project where the work is being performed; and (ii) primary contractors making or taking a contract in the State for the alteration or repair of an existing single-family dwelling or to a single residential unit in an existing multi-unit structure. Effective immediately or on the date House Bill 5412 of the 102nd General Assembly takes effect, whichever is later. Senate Floor Amendment No. 2 Deletes reference to: 820 ILCS 140/2 820 ILCS 140/3 820 ILCS 140/7 820 ILCS 140/8.5 new 820 ILCS 140/9 Adds reference to: 20 ILCS 2705/2705-620 new 820 ILCS 115/13.5 Replaces everything after the enacting clause. If and only if House Bill 5412 of the 102nd General Assembly becomes law, amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Creates the Bond Reform in the Construction Industry Task Force. Provides that the Task Force shall study innovative ways to reduce the cost of insurance in the private and public construction industry while protecting owners from risk of nonperformance. Provides that the Task Force shall report its findings and recommendations to the General Assembly no later than March 1, 2023. Amends the Illinois Wage Payment and Collection Act. Provides that for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State where the aggregate costs of the project exceed $20,000 shall assume, and is liable for, any debt owed to a claimant by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Removes language concerning debt owed to a third party incurred on a wage claimant's behalf. Provides that the following shall be exempt from liability: (i) primary contractors who are parties to a collective bargaining agreement on the project where the work is being performed; and (ii) primary contractors making or taking a contract in the State for the alteration or repair of an existing single-family dwelling or to a single residential unit in an existing multi-unit structure. Provides that claims shall be filed with the Department of Labor or filed with the circuit court within 3 years after the wages, final compensation, or wage supplements were due. Effective immediately or on the date House Bill 5412 of the 102nd General Assembly takes effect, whichever is later.