The Illinois Equal Pay Act of 2003, 820 ILCS 112 et seq., has recently been amended to add a new Section 27.  Under the new amendment, any officer or agent of an employer who “willfully and knowingly” permits that employer to evade a final judgment or award of damages, will be considered an employer under the act, i.e. such an individual will have personal liability for any judgment awarded against the employer.  The exact language of the amended is as follows:

“Sec. 27.  Officers and agents. In addition to an individual who is deemed to be an employer pursuant to Section 5 of this Act, any officers of a corporation or agents of an employer who willfully and knowingly permit such employer to evade a final judgment or final award provided under this Act shall be deemed to be the employers of the employees.”

The new provision is effective as of January 1, 2013.

Source: Public Act 097-0903

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