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Illinois Statutes Chapter 820. Employment § 140/7. Civil offense

Current as of January 01, 2022 | Updated by FindLaw Staff

<Text of section effective Jan. 1, 2023. See, also, text of section 820 ILCS 140/7, effective until Jan. 1, 2023.>

§ 7. Civil offense.

(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.

(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) 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.

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Cite this article: FindLaw.com - Illinois Statutes Chapter 820. Employment § 140/7. Civil offense - last updated January 01, 2022 | https://codes.findlaw.com/il/chapter-820-employment/il-st-sect-820-140-7/

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