Synopsis As Introduced Amends the Day and Temporary Labor Services Act. Requires a day and temporary labor service agency (agency) to notify a day or temporary laborer (laborer) in writing of the schedule and length of multi-day assignments. Requires an agency to keep records on the ethnicity of each laborer or applicant and the date, time, and location at which an applicant requested employment. Requires an agency to provide a laborer with transportation back to the point of hire at the end of each work day. Requires an agency to indicate on a laborer's payment stub the current maximum amount of any placement fee charged to a third party client. Prohibits an agency or third party client from charging a laborer for the expense of conducting a consumer report, a criminal background check, or a drug test. Requires an agency to submit to the Department of Labor the total number of laborers the agency has placed in a permanent position. Requires laborers to be paid at a rate no less than the same average rate of pay as a permanent employee performing the same or substantially similar work. Requires a third party client to conduct a job hazard analysis for each job to which a laborer might be sent. Requires an agency to obtain a surety bond of no less than $150,000 and to comply with other specified registration requirements. Makes a third party client liable for any obligation to pay the 4 hours minimum pay or any statutory damages required under the Act. Provides that termination or disciplinary action against a laborer within 90 days of the person's exercise of rights protected under the Act shall raise a rebuttable presumption of retaliation. Makes other changes.
Replaces everything after the enacting clause. Amends the Day and Temporary Labor Services Act. Requires a day and temporary labor service agency to attempt to place day or temporary laborers in permanent positions. Requires compliance with Occupational Safety and Health Administration standards. Requires reports of the race and gender of temporary laborers to be reported to the Department of Employment Security. Requires an agency to provide a laborer with transportation back to the point of hire at the end of each work day. Prohibits an agency or third party client from charging a laborer for the expense of conducting a consumer report, a criminal background check, or a drug test. Makes changes regarding damages in a private right of action.
Fiscal Note, House Committee Amendment No. 2 (Dept. of Employment Security)
HB 690 requires day and temporary labor service agencies provide a report to the Department of Employment Security annually at the time of registration with the Department of Labor containing the race and gender of each day or temporary laborer sent to an employer and segregated by branch office and aggregated for all day and temporary laborers assigned within Illinois in the prior year. Day and temporary service agencies who fail to submit the report to the Department of Employment Security is subject to a civil penalty of $50 for each failure to comply. Therefore, a new program and system to collect and track compliance with HB 690 will need to be created. Federal Funding cannot be used to subsidize the cost of this new program. Fiscal Overview (1) Initial Start Costs: $3.5 million to $7 million to develop a program and system to collect and track compliance with HB 690,which includes an online submission component, an interagency connection to the Department of Labor, and a revenue collection component, as well as 4-8 full-time equivalents for the creation and establishment of rules, policies, procedures, etc., for reporting, appeals, and adjudication. We derived this estimate based on our startup experience with our Adeptia Work Opportunity Tax Credit system. We believe a similar effort will be needed to develop the Equal Pay Certification platform. (2) Ongoing Costs: $500,000 to $750,000 to administer the program annually. Approximately 4--6 full time equivalents would be needed to administer and manage the day-to-day operations of this program. This estimate includes the cost of hiring a program administrator, technical assistance specialist, IT contractors, and an investigator to implement the provisions of the bill. The vast majority of the ongoing costs would be salaries, fringe benefits, one-time expenditures, and other ongoing operating expenses.
Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 2, but with the following changes: Amends the Freedom of Information Act. Exempts from inspection and copying reports of the race and gender of temporary laborers submitted to the Department of Labor by registering day and temporary labor service agencies as required under the Day and Temporary Labor Services Act. Further amends the Day and Temporary Labor Services Act. Removes a provision requiring day and temporary service agencies and third party clients to comply with Occupational Safety and Health Administration standards. Provides that, regardless of the length of a temporary laborer's assignment, if a third party client supervises and directs the work of the temporary laborers, the third party client has primary responsibility for fulfilling, in the same manner as provided to the client's own employees, the following obligations with respect to the temporary laborers: (i) providing the workers with worksite-specific safety training and information; (ii) fulfilling Occupational Safety and Health Administration recordkeeping requirements; and (iii) selecting, providing, and ensuring the use of personal protective equipment appropriate for the processes or operations to which the temporary laborers are assigned. Requires a day and temporary labor service agency to inform a laborer of the type of equipment, protective clothing, and training required for the work to be performed. Provides that any worksite-specific safety training must be completed by the party responsible for supervision of the worker before the temporary laborer begins work on a project; and that the training must be in a language and vocabulary the worker understands. Requires reports of the race and gender of temporary laborers to be reported to the Department of Labor (rather than the Department of Employment Security) and exempts such reports from inspection and copying under the Freedom of Information Act. Makes other changes.
State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)