SB 3146

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. Senate Committee Amendment No. 1 Adds reference to: 820 ILCS 140/2 from Ch. 48, par. 8b 820 ILCS 140/3 from Ch. 48, par. 8c 820 ILCS 140/7 from Ch. 48, par. 8g 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 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 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 seven-day period". Senate Floor Amendment No. 2 In provisions concerning civil penalties, 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.