ONE DAY REST IN SEVEN ACT – PENALTIES

Session: 102nd General Assembly
Year: 2021
Bill #: SB3146
Category: Labor, Personnel and Pensions
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

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.

Staff Analysis

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, and 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.



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