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91_SB0079eng
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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.
17 "Day labor service agency" means any person or entity
18 engaged in the business of employing day laborers to provide
19 services to or for any third party employer pursuant to a
20 contract with the day labor service and the third party
21 employer.
22 "Department" means the Department of Labor.
23 "Third party employer" means any person that contracts
24 with a day labor service agency for the employment of day
25 laborers.
26 Section 10. Statement.
27 (a) Whenever a day labor service agency agrees to send
28 one or more persons to work as day laborers, the day labor
29 service agency shall, upon request by a day laborer, provide
30 to the day laborer a statement containing the following
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1 items: "Name and nature of the work to be performed", "wages
2 offered", "destination of the person employed", "terms of
3 transportation", and whether a meal and equipment is
4 provided, either by the day labor service or the third party
5 employer, and the cost of the meal and equipment, if any.
6 (b) No day labor service agency may send any day laborer
7 to any place where a strike, a lockout, or other labor
8 trouble exists without first notifying the day laborer of the
9 conditions.
10 (c) The Department shall recommend to day labor service
11 agencies that those agencies employ personnel who can
12 effectively communicate information required in subsections
13 (a) and (b) to day laborers in Spanish, Polish, or any other
14 language that is generally used in the locale of the day
15 labor agency.
16 Section 15. Meals. A day labor service agency or a
17 third party employer shall not charge a day laborer more than
18 the actual cost of a meal. In no case shall the purchase of
19 a meal be a condition of employment for a day laborer.
20 Section 20. Transportation. A day labor service agency
21 or a third party employer shall charge no more than the
22 actual cost to transport a day laborer to or from the
23 designated work site; however, the total cost to each day
24 laborer shall not exceed 3% of the day laborer's daily wages.
25 Any motor vehicle that is owned or operated by the day labor
26 service agency or a third party employer, or a contractor of
27 either, which is used for the transportation of day laborers
28 shall have proof of financial responsibility as provided for
29 in Chapter 8 of the Illinois Vehicle Code.
30 Section 25. Day laborer equipment. For any safety
31 equipment, clothing, accessories, or any other items required
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1 by the nature of the work, either by law, custom, or as a
2 requirement of the third party employer, the day labor
3 service agency or the third party employer may charge the day
4 laborer the market value of the item temporarily provided to
5 the day laborer by the third party employer if the day
6 laborer fails to return such items to the third party
7 employer or the day labor service agency. For any other
8 equipment, clothing, accessories, or any other items the day
9 labor service agency makes available for purchase, the day
10 laborer shall not be charged more than the actual market
11 value for the item.
12 Section 30. Wage Payment.
13 (a) At the time of the payment of wages, a day labor
14 service agency shall provide each day laborer with an
15 itemized statement showing in detail each deduction made from
16 the wages.
17 (b) A day labor service agency shall provide each worker
18 an annual earnings summary within a reasonable time after the
19 preceding calendar year, but in no case later than February
20 1. A day labor service agency shall, at the time of each
21 wage payment, give notice to day laborers of the availability
22 of the annual earnings summary or post such a notice in a
23 conspicuous place in the public reception area.
24 (c) At the request of a day laborer, a day labor service
25 agency shall hold the daily wages of the day laborer and make
26 either weekly or semi-monthly payments. The wages shall be
27 paid in a single check representing the wages earned during
28 the period, either weekly or semi-monthly, designated by the
29 day laborer in accordance with the Illinois Wage Payment and
30 Collection Act. Day labor service agencies that make daily
31 wage payments shall provide written notification to all day
32 laborers of the right to request weekly or semi-monthly
33 checks. The day labor service agency may provide this notice
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1 by conspicuously posting the notice at the location where the
2 wages are received by the day laborers.
3 (d) No day labor service agency shall charge any day
4 laborer for cashing a check issued by the agency for wages
5 earned by a day laborer who performed work through that
6 agency.
7 (e) Day laborers shall be paid no less than the wage
8 rate stated in the notice as provided in Section 10 of this
9 Act for all the work performed on behalf of the third party
10 employer in addition to the work listed in the written
11 description.
12 Section 35. Public Access Area. Each day labor service
13 agency shall provide adequate seating in the public access
14 area of the offices of the agency. The public access area
15 shall be the location for the employment and wage notices
16 required by Section 10 of this Act. The public access area
17 shall allow for access to restrooms and water.
18 Section 40. Work Restriction. No day labor service
19 agency shall restrict the right of a day laborer to accept a
20 permanent position with a third party employer to whom the
21 day laborer has been referred for work or restrict the right
22 of such third party employer to offer such employment to a
23 day laborer. Nothing in this Section shall restrict a day
24 labor service agency from receiving a placement fee from the
25 third party employer for employing a day laborer for whom a
26 contract for work was effected by the day labor service
27 agency.
28 Section 45. Registration; Department of Labor. A day
29 labor service agency shall register with the Department of
30 Labor in accordance with rules adopted by the Department for
31 day labor service agencies that operate within the State.
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1 The Department may assess each agency a registration fee not
2 exceeding $250. The Department shall also adopt rules for
3 violation hearings and penalties for violations of this Act
4 or the Department's rules. The Department shall cause to be
5 posted in each agency a notice which informs the public of a
6 toll-free telephone number for day laborers and the public to
7 file wage dispute complaints and other alleged violations by
8 day labor service agencies.
9 Section 50. Violations. A day labor service agency that
10 fails to register with the Department of Labor in accordance
11 with this Act shall be guilty of a petty offense for which a
12 fine of $1,000 may be imposed for the first offense and shall
13 be guilty of a Class C misdemeanor for a second or
14 subsequent offense. The Department shall have the authority
15 to suspend or revoke the registration of a day labor service
16 agency if warranted by public health and safety concerns or
17 violations of this Act.
18 Section 99. Effective Date. This Act takes effect on
19 January 1, 2000.
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