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Editor’s note – Coun. J. 12-13-23, p. 7601, § 3, renumbered this section pertaining to wage theft as § 6-100-050.
Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of Employees to bargain collectively with their Employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum standards of the provisions of this chapter. The minimum wage requirements of this chapter may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms. Nothing in Section 6-105-045 shall be deemed to affect the validity or change the terms of bona fide collective bargaining agreements in force on July 1, 2017. After that date, requirements of Section 6-105-045 may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms. In no event shall Section 6-105-045 apply to any Employee working in the construction industry who is covered by a bona fide collective bargaining agreement.
(Added Coun. J. 6-25-21, p. 32156, § 5)
(a) Every Employer shall post in a conspicuous place at each facility where any Covered Employee works that is located within the geographic boundaries of the City a notice advising the Covered Employee of the current minimum Wages under this chapter, and of a Covered Employee’s rights under this chapter, including the Covered Employee’s right to seek redress for wage theft. The notice shall also contain information about human trafficking and resources to help combat it. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this subsection 6-105-070(a). Employers that do not maintain a business facility within the geographic boundaries of the City and households that serve as the worksites for Domestic Workers are exempt from this subsection 6-105-070(a).
(b) With the first paycheck issued to a Covered Employee, and annually with a paycheck issued within 30 days of July 1st, every Employer shall provide a notice advising the Covered Employee of the current minimum Wages under this chapter and information about human trafficking and resources to help combat it. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this subsection 6-105-070(b).
(Added Coun. J. 6-25-21, p. 32156, § 5; Amend Coun. J. 11-9-23, p. 5853, § 7; Amend Coun. J. 3-20-24, p. 10146, § 7)
It shall be unlawful for any Employer to discriminate in any manner or take any adverse action against any individual in retaliation for exercising any right under this chapter, including, but not limited to, disclosing, reporting, or testifying about any violation of this chapter or regulations promulgated thereunder. For purposes of this Section, prohibited adverse actions include, but are not limited to, unjustified termination, unjustified denial of promotion, unjustified negative evaluations, punitive schedule changes, punitive decreases in the desirability of work assignments, and other acts of harassment shown to be linked to such exercise of rights.
(Added Coun. J. 6-25-21, p. 32156, § 5; Amend Coun. J. 11-9-23, p. 5853, § 7; Amend Coun. J. 3-20-24, p. 10146, § 7)
If the City learns that after being charged with wage rate violations an Employer has entered into two or more settlements within a year with the United States Department of Labor or the Illinois Department of Labor, the Commissioner of Business Affairs and Consumer Protection, in conjunction with the Chief Procurement Officer, is authorized to conduct an investigation to determine whether the person's conduct that resulted in those settlements evinces culpability that merits ineligibility under Section 1-23-020 or revocation under Section 4-4-280.
(Added Coun. J. 6-25-21, p. 32156, § 5)
Any Employer who violates this chapter or any rule promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(Added Coun. J. 6-25-21, p. 32156, § 5)
If any Covered Employee is paid by the Covered Employee’s Employer less than the Wage to which the Covered Employee is entitled under this chapter, the Covered Employee may recover in a civil action three times the amount of any such underpayment, together with costs and such reasonable attorney’s fees as the court allows. An agreement by the Covered Employee to work for less than the Wage required under this chapter is no defense to such action. If an Employer violates any of the Paid Sick Leave provisions in this chapter in effect before July 1, 2024, the affected Covered Employee may recover in a civil action damages equal to three times the full amount of any unpaid sick time denied or lost by reason of the violation, and the interest on that amount calculated at the prevailing rate; together with costs and such reasonable attorney’s fees as the court allows. However, on and after July 1, 2024, an Employee’s right to a private cause of action shall be subject to Section 6-130-100.
(Added Coun. J. 6-25-21, p. 32156, § 5; Amend Coun. J. 12-13-23, p. 7601, § 5; Amend Coun. J. 11-9-23, p. 5853, § 7; Amend Coun. J. 12-13-23, p. 7601, § 5; Amend Coun. J. 3-20-24, p. 10146, § 7)
Each Employer shall maintain for at least five years, or for the duration of any claim, civil action, or investigation pending pursuant to this chapter, whichever is longer, a record of each Covered Employee's name and addresses, hours worked, pay rate, wage agreement, and records necessary to demonstrate compliance with this chapter. Failure to maintain these records shall create a presumption, rebuttable by clear and convincing evidence, that the Employer violated this Chapter 6-105 for the periods for which records were not retained for each Covered Employee. Each Employer shall provide each Covered Employee a copy of the records relating to such Covered Employee upon the Covered Employee's reasonable request.
(Added Coun. J. 6-25-21, p. 32156, § 5)