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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)