Sec. 7. Civil offense.

383 words·~2 min read·/il/chapter-820/act-140/7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any employer who violates Sections 2, 3, or 3.1 shall be guilty of a civil offense, and shall be subject to a civil penalty as follows:

(1)For an employer with fewer than 25 employees, a penalty not to 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.

(2)For an employer with 25 or more employees, a penalty not to exceed $500 per offense,

payable to the Department of Labor, and damages of up to $500 per offense, payable to the employee or employees affected.

(b)An offense under this Act shall be determined on an individual basis for each employee whose rights are violated.

(1)Each week that an employee is found to not have been allowed 24 consecutive hours of

rest as required in Section 2 shall constitute a separate offense.

(2)Each day that an employee is found not to have been provided a meal period as

required in Section 3 shall constitute a separate offense.

(3)A violation of Section 8.5 shall constitute a single offense, and is subject to a

civil penalty not to exceed $250 payable to the Department of Labor.

(4)An employee who has been unlawfully retaliated against in violation of Section 5.5

shall be entitled to recover, through a claim filed with the Department, all legal and equitable relief as may be appropriate.

(c)The Director of Labor shall enforce this Act in accordance with the Illinois Administrative Procedure Act. The Director of Labor shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases, including, but not limited to, provisions for depositions, subpoena power and procedures, and discovery and protective order procedures.

(d)Penalties and fees under this Section may be assessed by the Department and recovered in a civil action brought by the Department in any circuit court or in any administrative adjudicative proceeding under this Act. In any such civil action under this Act, the Department shall be represented by the Attorney General. Any funds collected by the Department of Labor under this Act shall be deposited into the Child Labor and Day and Temporary Labor Services Enforcement Fund.