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91_SB0079enr
SB79 Enrolled LRB9101764WHdv
1 AN ACT in relation to day labor services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short Title. This Act may be cited as the
5 Day Labor Services Act.
6 Section 5. Definitions. As used in this Act:
7 "Day laborer" means a natural person who contracts for
8 employment with a day labor service agency.
9 "Day labor" means labor or employment that is occasional
10 or irregular at which a person is employed for not longer
11 than the time period required to complete the assignment for
12 which the person was hired and where wage payments are made
13 directly or indirectly by the day labor service agency or the
14 third party employer for work undertaken by day laborers
15 pursuant to a contract between the day labor service agency
16 with the third party employer. "Day labor" does not include
17 labor or employment of a professional or clerical nature.
18 "Day labor service agency" means any person or entity
19 engaged in the business of employing day laborers to provide
20 services to or for any third party employer pursuant to a
21 contract with the day labor service and the third party
22 employer.
23 "Department" means the Department of Labor.
24 "Third party employer" means any person that contracts
25 with a day labor service agency for the employment of day
26 laborers.
27 Section 10. Statement.
28 (a) Whenever a day labor service agency agrees to send
29 one or more persons to work as day laborers, the day labor
30 service agency shall, upon request by a day laborer, provide
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1 to the day laborer a statement containing the following
2 items: "Name and nature of the work to be performed", "wages
3 offered", "destination of the person employed", "terms of
4 transportation", and whether a meal and equipment is
5 provided, either by the day labor service or the third party
6 employer, and the cost of the meal and equipment, if any.
7 (b) No day labor service agency may send any day laborer
8 to any place where a strike, a lockout, or other labor
9 trouble exists without first notifying the day laborer of the
10 conditions.
11 (c) The Department shall recommend to day labor service
12 agencies that those agencies employ personnel who can
13 effectively communicate information required in subsections
14 (a) and (b) to day laborers in Spanish, Polish, or any other
15 language that is generally used in the locale of the day
16 labor agency.
17 Section 15. Meals. A day labor service agency or a
18 third party employer shall not charge a day laborer more than
19 the actual cost of a meal. In no case shall the purchase of
20 a meal be a condition of employment for a day laborer.
21 Section 20. Transportation. A day labor service agency
22 or a third party employer shall charge no more than the
23 actual cost to transport a day laborer to or from the
24 designated work site; however, the total cost to each day
25 laborer shall not exceed 3% of the day laborer's daily wages.
26 Any motor vehicle that is owned or operated by the day labor
27 service agency or a third party employer, or a contractor of
28 either, which is used for the transportation of day laborers
29 shall have proof of financial responsibility as provided for
30 in Chapter 8 of the Illinois Vehicle Code.
31 Section 25. Day laborer equipment. For any safety
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1 equipment, clothing, accessories, or any other items required
2 by the nature of the work, either by law, custom, or as a
3 requirement of the third party employer, the day labor
4 service agency or the third party employer may charge the day
5 laborer the market value of the item temporarily provided to
6 the day laborer by the third party employer if the day
7 laborer fails to return such items to the third party
8 employer or the day labor service agency. For any other
9 equipment, clothing, accessories, or any other items the day
10 labor service agency makes available for purchase, the day
11 laborer shall not be charged more than the actual market
12 value for the item.
13 Section 30. Wage Payment.
14 (a) At the time of the payment of wages, a day labor
15 service agency shall provide each day laborer with an
16 itemized statement showing in detail each deduction made from
17 the wages.
18 (b) A day labor service agency shall provide each worker
19 an annual earnings summary within a reasonable time after the
20 preceding calendar year, but in no case later than February
21 1. A day labor service agency shall, at the time of each
22 wage payment, give notice to day laborers of the availability
23 of the annual earnings summary or post such a notice in a
24 conspicuous place in the public reception area.
25 (c) At the request of a day laborer, a day labor service
26 agency shall hold the daily wages of the day laborer and make
27 either weekly or semi-monthly payments. The wages shall be
28 paid in a single check representing the wages earned during
29 the period, either weekly or semi-monthly, designated by the
30 day laborer in accordance with the Illinois Wage Payment and
31 Collection Act. Day labor service agencies that make daily
32 wage payments shall provide written notification to all day
33 laborers of the right to request weekly or semi-monthly
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1 checks. The day labor service agency may provide this notice
2 by conspicuously posting the notice at the location where the
3 wages are received by the day laborers.
4 (d) No day labor service agency shall charge any day
5 laborer for cashing a check issued by the agency for wages
6 earned by a day laborer who performed work through that
7 agency.
8 (e) Day laborers shall be paid no less than the wage
9 rate stated in the notice as provided in Section 10 of this
10 Act for all the work performed on behalf of the third party
11 employer in addition to the work listed in the written
12 description.
13 Section 35. Public Access Area. Each day labor service
14 agency shall provide adequate seating in the public access
15 area of the offices of the agency. The public access area
16 shall be the location for the employment and wage notices
17 required by Section 10 of this Act. The public access area
18 shall allow for access to restrooms and water.
19 Section 40. Work Restriction. No day labor service
20 agency shall restrict the right of a day laborer to accept a
21 permanent position with a third party employer to whom the
22 day laborer has been referred for work or restrict the right
23 of such third party employer to offer such employment to a
24 day laborer. Nothing in this Section shall restrict a day
25 labor service agency from receiving a placement fee from the
26 third party employer for employing a day laborer for whom a
27 contract for work was effected by the day labor service
28 agency.
29 Section 45. Registration; Department of Labor. A day
30 labor service agency shall register with the Department of
31 Labor in accordance with rules adopted by the Department for
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1 day labor service agencies that operate within the State.
2 The Department may assess each agency a registration fee not
3 exceeding $250. The Department shall also adopt rules for
4 violation hearings and penalties for violations of this Act
5 or the Department's rules. The Department shall cause to be
6 posted in each agency a notice which informs the public of a
7 toll-free telephone number for day laborers and the public to
8 file wage dispute complaints and other alleged violations by
9 day labor service agencies.
10 Section 50. Violations. The Department shall have the
11 authority to suspend or revoke the registration of a day
12 labor service agency if warranted by public health and safety
13 concerns or violations of this Act.
14 Section 99. Effective Date. This Act takes effect on
15 January 1, 2000.
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