Section 245.214  Services – Home Services Placement Agency

a)         Agencies licensed as home services placement agencies are in the business of securing or attempting to secure work for hire for persons seeking work or workers for employers.

b)         A placement agency, by definition, cannot be the employer of the worker.

c)         A placement agency must identify itself as a placement agency in all advertisement and marketing materials.

d)         The placement agency shall require and document that:

1)         An individual wishing to remain eligible for placement by the agency shall submit to a criminal background check;

2)         Anyone wishing to remain eligible for placement by the agency shall undergo eight hours of training pursuant to Section 245.71(d) of this Part prior to his or her first placement;

3)         Anyone wishing to remain eligible for placement by the agency shall undergo a competency evaluation prior to placement to ensure that the individual is competent to provide the services that the consumer is seeking; and

4)         Anyone wishing to remain eligible for placement by the agency, even after an initial placement, shall participate in a minimum of eight hours of in-service training per year, provided and arranged for by the placement agency.

e)         The placement agency shall notify the worker both verbally and in writing of the implications of his or her relationship to the client as his or her employer.  The document must be printed in no less than 12 point type and shall include at least the following elements in the body or through supporting documents or attachments, indicating the responsible parties for the following:

1)         Employer of the in-home services worker;

2)         Liability for the in-home services worker;

3)         Payment of wages to the in-home services worker;

4)         Payment of employment taxes, unemployment insurance, and worker's compensation for the in-home services worker;

5)         Payment of Social Security taxes for the in-home services worker;

6)         Day-to-day supervision of the in-home services worker;

7)         Assignment of duties to the in-home services worker;

8)         Responsibility for hiring, firing, and discipline of the in-home services worker;

9)         Provision of equipment or materials for the in-home services worker's use in providing services to the consumer; and

10)       All placement fees and procedures for refunds of such fees and a complaint resolution process for disputes concerning placement fees, as currently provided under the Private Employment Agency Act.

(Source:  Added at 32 Ill. Reg. 8949, effective June 5, 2008)