IL HB3736

Changes criminal penalties for willful failure to pay wages from misdemeanors to felonies: Class 4 felony for unpaid wages of $5,000 or less (previously Class B misdemeanor) and Class 4 felony for unpaid wages over $5,000 (previously Class A misdemeanor).

Increases the recidivism timeframe from 2 years to 5 years for repeat wage theft violations, with a second offense within 5 years being a Class 3 felony instead of Class 4 felony.

Establishes a Wage Theft Enforcement Fund from collected fees and civil penalties (excluding amounts owed to employees) to be used solely for enforcing the wage payment act.

Requires employers ordered by the Department or court to pay wages to pay administrative fees ($250 for wages owed of $3,000 or less; $500 for $3,000-$10,000; $1,000 for $10,000 or more) and penalties of 20% to the Department and 1% per day to the employee if payment is not made within 15-35 days.

Protects employees from retaliation for wage complaints with Class C misdemeanor penalties for employers who discharge or discriminate against complaining employees.