SB3568 Summary

• Creates the Wage Theft Enforcement Fund as a special fund in the State treasury to receive civil penalties and fees collected from wage theft violations, with moneys used only for enforcement of the Wage Payment and Collection Act.

• Establishes administrative procedures for the Department of Labor to adjudicate wage claims of $3,000 or less per employee, with final and binding decisions subject to the Administrative Review Law.

• Increases criminal penalties for willful wage theft: Class B misdemeanor for unpaid wages of $5,000 or less, and Class A misdemeanor for unpaid wages exceeding $5,000; subsequent violations within 2 years constitute a Class 4 felony.

• Requires employers to pay a non-waivable $250 administrative fee when ordered to pay wages and imposes penalties of 20% to the Department and 1% per day to employees for late payment beyond 15 calendar days after demand or 35 days after court order.

• Expands employee remedies to include civil actions in circuit court without exhausting administrative remedies and establishes private right of action for retaliation, with recovery of costs and attorney's fees.