Illinois General Assembly - Full Text of HB3295

LRB104 09955 SPS 20025 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3295

Introduced 2/18/2025, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

820 ILCS 175/40

Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency may charge a placement fee to a third party client for employing a day or temporary laborer for whom a contract for work was effected by the day and temporary labor service agency as agreed upon in advance by the day and temporary labor service agency and the third party client. Makes changes to an alternative calculation of a placement fee.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Day and Temporary Labor Services Act is amended by changing Section 40 as follows:

(820 ILCS 175/40)

Sec. 40. Work Restriction. No day and temporary labor service agency shall restrict the right of a day or temporary laborer to accept a permanent position with a third party client to whom the day or temporary laborer has been referred for work or restrict the right of such third party client to offer such employment to a day or temporary laborer. A day and temporary labor service agency may charge a placement fee to a third party client for employing a day or temporary laborer for whom a contract for work was effected by the day and temporary labor service agency (i) as agreed upon in advance by the day and temporary labor service agency and the third party client, or (ii) otherwise not to exceed the equivalent of the total daily commission rate the day and temporary labor service agency would have received over a 60-day period from the third party client, reduced by the equivalent of the daily commission rate the day and temporary labor service agency actually would have received for each day the day or temporary laborer has performed work for the third party client the day and temporary labor service agency in the preceding 12 months. Days worked for any particular third party client at a day and temporary labor service agency in the 12 months preceding January 1, 2006 (the effective date of Public Act 94-511) this amendatory Act of the 94th General Assembly shall be included for purposes of calculating the maximum placement fee described in this Section. However, placement of a day or temporary laborer who is contracted by a day and temporary labor service agency to provide skilled labor shall not be subject to any placement fee cap. For purposes of this Section, a day or temporary laborer who performs "skilled labor" shall apply only where the day and temporary labor service agency performs an advanced application process, a screening process, which may include processes such as advanced testing, and a job interview. No fee provided for under this Section may be assessed or collected by the day and temporary labor service agency when the day or temporary laborer is offered permanent work following the suspension or revocation of the day and temporary labor service agency's registration by the Department.

(Source: P.A. 94-511, eff. 1-1-06.)