ILCS » Chapter 820 · Act 185
Illinois Compiled Statutes

820 ILCS 185/40 (2026)

Penalties

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(820 ILCS 185/40)
    Sec. 40. Penalties.
    (a) An employer or entity that violates any of the provisions of this Act or any rule adopted under this Act shall be subject to a civil penalty not to exceed $1,000 for each violation found in the first audit by the Department. Following a first audit, an employer or entity shall be subject to a civil penalty not to exceed $2,000 for each repeat violation found by the Department within a 5 year period. For purposes of this Section, each violation of this Act for each person and for each day the violation continues shall constitute a separate and distinct violation. In determining the amount of a penalty, the Director shall consider the appropriateness of the penalty to the employer or entity charged, upon the determination of the gravity of the violations.
    (b) The amount of the penalty, when finally determined, may be recovered in any administrative proceeding or a civil action filed in any circuit court by the Director of Labor, or a person aggrieved by a violation of this Act or any rule adopted under this Act.
        (1) The Department shall distribute to all affected
    
employees 10% of the civil penalty recovered as a result of any administrative proceeding or civil action brought by the Department. The remaining 90% of the amount recovered shall be submitted to the Director of Labor.
        (2) In any civil action brought by an interested
    
party pursuant to this Section, the circuit court shall award the interested party 10% of the amount recovered. In such case, the remaining amount recovered shall be submitted to the Director of Labor.
    (c) Any uncollected amount shall be subject to the provisions of the Illinois State Collection Act of 1986.
(Source: P.A. 98-106, eff. 1-1-14.)

    
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2012–2026 · leading case: People v. Hartfield, 2022 IL 126729 (Ill. 2022).
Sort: Relevance Newest Treatment
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “” 820 ILCS 185/40(a) (West 2020). The Swimming Facility Act makes the violation thereof a misdemeanor and provides: “Each day’s violation constitutes a separate offense.”
World Painting Co. v. Costigan, 2012 IL App (4th) 110869 (Ill. App. Ct. 2012). · cites it 2× “820 ILCS 185/40 (West 2008). “The civil penalties assessed by the Department as well as any other relief requested by the Department shall be recoverable in an action brought in the name of the people of the State of Illinois by the Attorney General.”
World Painting Co., LLC v. Costigan, 967 N.E.2d 485 (Ill. App. Ct. 2012). · cites it 2× “820 ILCS 185/40 (West 2008). "The civil penalties assessed by the Department as well as any other relief requested by the Department shall be recoverable in an action brought in the name of the people of the State of Illinois by the Attorney General.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/40 (West 2010). The Department can also impose debarment on any construction contractor for second or subsequent violations within a five-year period by identifying the contractor on the Department’s website and prohibiting them from receiving state contracts for a…”
Admin. Dist. Council 1 of Illinois of the Int'l Union of Bricklayers & Allied Craftworkers v. Przad (Ill. App. Ct. 2026). “) 820 ILCS 185/40(a), (b) (West 2020). The Act does not define the phrase “a person aggrieved by a violation of this Act.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/40 (West 2010). The Department can also impose debarment on any construction contractor for second or subsequent violations within a five-year period by identifying the contractor on the Department’s website and prohibiting them from receiving state contracts for a…”
— 820 ILCS 185/40(a) — 2 cases
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “” 820 ILCS 185/40(a) (West 2020). The Swimming Facility Act makes the violation thereof a misdemeanor and provides: “Each day’s violation constitutes a separate offense.”
Admin. Dist. Council 1 of Illinois of the Int'l Union of Bricklayers & Allied Craftworkers v. Przad (Ill. App. Ct. 2026). “) 820 ILCS 185/40(a), (b) (West 2020). The Act does not define the phrase “a person aggrieved by a violation of this Act.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.