IL HB3227

Employees can recover treble damages for underpayment of minimum wages, plus 5% monthly damages while underpayments remain unpaid, with attorney's fees and costs paid by the employer.

Department of Labor recovers unpaid wages through civil action within 3 years (or 5 years for overtime claims) and deposits recovered funds into a Department of Labor Special State Trust Fund for disbursement to employees.

Department holds unclaimed recovered wages for minimum 3 years, then reports unclaimed amounts to State Treasurer under unclaimed property law, with 15% transferred to Wage Theft Enforcement Fund and 85% to Unclaimed Property Trust Fund.

Employers must pay non-waivable administrative fees ($250-$1,000 depending on wage amount owed) and penalties including up to 20% of underpayment if conduct is willful, repeated, or reckless, plus $1,500 additional penalty payable to Wage Theft Enforcement Fund.

Wage Theft Enforcement Fund moneys may be used for enforcement of wage laws and outreach and educational activities related to recovery of unpaid compensation and disbursement to affected parties.