Public Act 100-0517
 
HB0690 EnrolledLRB100 00003 KTG 10003 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. The Freedom of Information Act is amended by 
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for 
by the statutes referenced below, the following shall be exempt 
from inspection and copying:
        (a) All information determined to be confidential 
    under Section 4002 of the Technology Advancement and 
    Development Act.
        (b) Library circulation and order records identifying 
    library users with specific materials under the Library 
    Records Confidentiality Act.
        (c) Applications, related documents, and medical 
    records received by the Experimental Organ Transplantation 
    Procedures Board and any and all documents or other records 
    prepared by the Experimental Organ Transplantation 
    Procedures Board or its staff relating to applications it 
    has received.
        (d) Information and records held by the Department of 
    Public Health and its authorized representatives relating 
    to known or suspected cases of sexually transmissible 
    disease or any information the disclosure of which is 
    restricted under the Illinois Sexually Transmissible 
    Disease Control Act.
        (e) Information the disclosure of which is exempted 
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of 
    the Architectural, Engineering, and Land Surveying 
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted 
    and exempted under Section 50 of the Illinois Prepaid 
    Tuition Act.
        (h) Information the disclosure of which is exempted 
    under the State Officials and Employees Ethics Act, and 
    records of any lawfully created State or  local inspector 
    general's office that would be exempt if created or 
    obtained by an Executive Inspector General's office under 
    that Act.
        (i) Information contained in a local emergency energy 
    plan submitted to a municipality in accordance with a local 
    emergency energy plan ordinance that is adopted under 
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution 
    of surcharge moneys collected and remitted by wireless 
    carriers under the Wireless Emergency Telephone Safety 
    Act.
        (k) Law enforcement officer identification information 
    or driver identification information compiled by a law 
    enforcement agency or the Department of Transportation 
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential 
    health care facility resident sexual assault and death 
    review team or the Executive Council under the Abuse 
    Prevention Review Team Act.
        (m) Information provided to the predatory lending 
    database created pursuant to Article 3 of the Residential 
    Real Property Disclosure Act, except to the extent 
    authorized under that Article.
        (n) Defense budgets and petitions for certification of 
    compensation and expenses for court appointed trial 
    counsel as provided under Sections 10 and 15 of the Capital 
    Crimes Litigation Act. This subsection (n) shall apply 
    until the conclusion of the trial of the case, even if the 
    prosecution chooses not to pursue the death penalty prior 
    to trial or sentencing.
        (o) Information that is prohibited from being 
    disclosed under Section 4 of the Illinois Health and 
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans, 
    investigation reports, surveys, schedules, lists, data, or 
    information compiled, collected, or prepared by or for the 
    Regional Transportation Authority under Section 2.11 of 
    the Regional Transportation Authority Act or the St. Clair 
    County Transit District under the Bi-State Transit Safety 
    Act. 
        (q) Information prohibited from being disclosed by the 
    Personnel Records Review Act. 
        (r) Information prohibited from being disclosed by the 
    Illinois School Student Records Act. 
        (s) Information the disclosure of which is restricted 
    under Section 5-108 of the Public Utilities Act. 

        (t) All identified or deidentified health information 
    in the form of health data or medical records contained in, 
    stored in, submitted to, transferred by, or released from 
    the Illinois Health Information Exchange, and identified 
    or deidentified health information in the form of  health 
    data and medical records of the Illinois Health Information 
    Exchange  in the possession of the Illinois Health 
    Information Exchange Authority due to its administration 
    of the Illinois Health Information Exchange. The terms 
    "identified" and "deidentified" shall be given the same 
    meaning as in the Health Insurance Portability and 
    Accountability Act of 1996, Public Law 104-191, or any 
    subsequent amendments thereto, and any regulations 
    promulgated thereunder. 
        (u) Records and information provided to an independent 
    team of experts under Brian's Law. 
        (v) Names and information of people who have applied 
    for or received Firearm Owner's Identification Cards under 
    the Firearm Owners Identification Card Act or applied for 
    or received a concealed carry license under the Firearm 
    Concealed Carry Act, unless otherwise authorized by the 
    Firearm Concealed Carry Act; and databases under the 
    Firearm Concealed Carry Act, records of the Concealed Carry 
    Licensing Review Board under the Firearm Concealed Carry 
    Act, and law enforcement agency objections under the 
    Firearm Concealed Carry Act. 
        (w) Personally identifiable information which is 
    exempted from disclosure under subsection (g) of Section 
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure 
    under Section 5-1014.3 of the Counties Code or Section 
    8-11-21 of the Illinois Municipal Code. 
        (y) Confidential information under the Adult 
    Protective Services Act and its predecessor enabling 
    statute, the Elder Abuse and Neglect Act, including 
    information about the identity and administrative finding 
    against any caregiver of a verified and substantiated 
    decision of abuse, neglect, or financial exploitation of an 
    eligible adult maintained in the Registry established 
    under Section 7.5 of the Adult Protective Services Act. 
        (z) Records and information provided to a fatality 
    review team or the Illinois Fatality Review Team Advisory 
    Council under Section 15 of the Adult Protective Services 
    Act. 
        (aa) Information which is exempted from disclosure 
    under Section 2.37 of the Wildlife Code. 
        (bb) Information which is or was prohibited from 
    disclosure by the Juvenile Court Act of 1987. 
        (cc) Recordings made under the Law Enforcement 
    Officer-Worn Body Camera Act, except to the extent 
    authorized under that Act.
        (dd) Information that is prohibited from being 
    disclosed under Section 45 of the Condominium and Common 
    Interest Community Ombudsperson Act. 
        (ee) (dd) Information that is exempted from disclosure 
    under Section 30.1 of the Pharmacy Practice Act. 
        (ff) Information and reports that are required to be 
    submitted to the Department of Labor by registering day and 
    temporary labor service agencies but are exempt from 
    disclosure under subsection (a-1) of Section 45 of the Day 
    and Temporary Labor Services Act. 
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, 
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; 
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; 
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. 
8-19-16; revised 9-1-16.)
 
    Section 5. The Day and Temporary Labor Services Act is 
amended  by changing Sections 10, 20, 30, and 45 and by adding 
Section 33 as follows:
 



    (820 ILCS 175/10)



    Sec. 10. Employment Notice. 

    (a) Whenever a day and temporary labor service agency 
agrees
to send one or more persons to work as day or temporary 
laborers,
the day and temporary labor service
agency shall 
provide to each day or temporary laborer, at the time of 
dispatch, a
statement containing the following items on a form 
approved by the Department:
        (1) the name of the day or temporary laborer;
        (2) the name and nature of the work to be
performed and 
    the types of equipment, protective clothing, and training 
    that are required for the task;
        (3) the
wages
offered;
        (4) the name and address of the destination of each day 
    or temporary laborer;
        (5) terms of transportation;
and
        (6) whether a meal or equipment, or both, are provided, 
    either  by the
day and temporary labor service
agency or the 
    third party client, and the cost of the meal and equipment, 
    if any.

    If a day or temporary laborer is assigned to the same 
assignment for more than one day, the day and temporary labor 
service agency is required to provide the employment notice 
only on the first day of the assignment and on any day that any 
of the terms listed on the employment notice are changed.

    If the day or temporary laborer is not placed with a third 
party client or otherwise contracted to work for that day, the 
day and temporary labor service agency shall, upon request, 
provide the day and temporary laborer with a confirmation that 
the day or temporary laborer sought work, signed by an employee 
of the day and temporary labor service agency, which shall 
include the name of the agency, the name and address of the day 
or temporary laborer, and the date and the time that the day or 
temporary laborer receives the confirmation.

    (b) No day and temporary labor service agency may send any

day or temporary laborer to any place
where a strike, a 
lockout, or other labor trouble exists.

    (c) The
Department shall recommend to day and temporary 
labor service
agencies  that those agencies
employ personnel who 
can effectively
communicate information required in 
subsections (a) and (b) to day or
temporary laborers in

Spanish, Polish, or any other language that is generally 
understood in the locale of
the day and temporary labor service 
agency.

(Source: P.A. 99-78, eff. 7-20-15.)

 



    (820 ILCS 175/20)



    Sec. 20. Transportation. 
    (a) A day and temporary labor service
agency or a third

party client or a contractor or agent of either shall charge no 
fee to transport a
day or temporary
laborer to or from the 
designated work site.
    (b) A day and temporary labor service agency is responsible 
for the conduct and performance of any person who transports a 
day or temporary laborer from the agency to a work site, unless 
the transporter is: (1) a public mass transportation system as 
defined in Section 2 of the Local Mass Transit District Act; 
(2) a common carrier; (3) the day or temporary laborer 
providing his or her own transportation; or (4) selected 
exclusively by and at the sole choice of the day or temporary 
laborer for transportation in a vehicle not owned or operated 
by the day and temporary labor service agency. If any day and 
temporary labor service agency provides transportation to a day 
or temporary laborer or refers a day or temporary laborer  as 
provided in subsection (c), the day and temporary labor service 
agency may not allow a motor vehicle to be used for the 
transporting of day or temporary laborers if the agency knows 
or should know that the motor vehicle used for the 
transportation of day or temporary laborers is unsafe or not 
equipped as required by this Act or by any rule adopted under 
this Act, unless the vehicle is: (1) the property of a public 
mass transportation system as defined in Section 2 of the Local 
Mass Transit District Act; (2) the property of a common 
carrier; (3) the day or temporary laborer's personal vehicle; 
or (4) a vehicle of a day or temporary laborer used to carpool 
other day or temporary laborers and which is selected 
exclusively by and at the sole choice of the day or temporary 
laborer for transportation.
    (c) A day and temporary labor service agency may not refer 
a day or temporary laborer to any person for transportation to 
a work site unless that person is (1) a public mass 
transportation system as defined in Section 2 of the Local Mass 
Transit District Act or (2) providing the transportation at no 
fee. Directing the day or temporary laborer to accept a 
specific car pool as a condition of work shall be considered a 
referral by the day and temporary labor service agency. Any 
mention or discussion of the cost of a car pool shall be 
considered a referral by the agency. Informing a day or 
temporary laborer of the availability of a car pool driven by 
another day or temporary laborer shall not be considered a 
referral by the agency.
    (d)  Any
motor vehicle that is owned or operated by the day

and temporary labor service agency or a
third party client, or 
a contractor or agent of either, or to which a day and 
temporary labor service agency refers a day or temporary 
laborer, which is used for the
transportation of day or 
temporary laborers shall have proof of
financial 
responsibility as
provided for in Chapter 8 of the Illinois 
Vehicle Code or as required by Department rules. The driver of 
the vehicle shall hold a valid license to operate motor 
vehicles in the correct classification and shall be required to 
produce the license immediately upon demand by the Department, 
its inspectors or deputies, or any other person authorized to 
enforce this Act. The Department shall forward a violation of 
this subsection to the appropriate law enforcement authorities 
or regulatory agencies, whichever is applicable.

    (e) No motor vehicle that is owned or operated by the day 
and temporary labor service agency or a third party client, or 
a contractor or agent of either, or to which a day and 
temporary labor service agency refers a day or temporary 
laborer, which is used for the transportation of day or 
temporary laborers may be operated if it does not have a seat 
and a safety belt for each passenger. The Department shall 
forward a violation of this subsection to the appropriate law 
enforcement authorities or regulatory agencies, whichever is 
applicable.

    (f) If the day or temporary laborer is provided 
transportation from the point of application to the worksite by 
the hiring labor service agency operating pursuant to this Act, 
the day or temporary laborer shall also be provided 
transportation back to the point of application, unless the day 
or temporary laborer advises or agrees prior to leaving for the 
place of employment to obtain alternative transportation after 
the work shift is completed.
(Source: P.A. 94-511, eff. 1-1-06.)

 



    (820 ILCS 175/30)



    Sec. 30. Wage Payment and Notice. 


    (a) At the time of
payment of wages, a day and temporary

labor service agency
shall provide each day or temporary 
laborer with a detailed

itemized
statement, on the day or 
temporary laborer's paycheck stub or on a form approved by the 
Department, listing the following:
        (1) the name, address, and telephone number of each 
    third party client at which the day or temporary laborer 
    worked. If this information is provided on the day or 
    temporary laborer's paycheck stub, a code for each third 
    party client may be used so long as the required 
    information for each coded third party client is made 
    available to the day or temporary laborer;
        (2) the number of hours worked by the day or temporary 
    laborer at each third party client each day during the pay 
    period. If the day or temporary laborer is assigned to work 
    at the same work site of the same third party client for 
    multiple days in the same work week, the day and temporary 
    labor service agency may record a summary of hours worked 
    at that third party client's worksite so long as the first 
    and last day of that work week are identified as well. The 
    term "hours worked" has the meaning ascribed to that term 
    in 56 Ill. Adm. Code 210.110 and in accordance with all 
    applicable rules or court interpretations under 56 Ill. 
    Adm. Code 210.110;
        (3) the rate of payment for each hour worked, including 
    any premium rate or bonus;
        (4) the total pay period earnings;
        (5) all deductions made from the day or temporary 
    laborer's compensation made either by the third party 
    client or by the day and temporary labor service agency, 
    and the purpose for which deductions were made, including 
    for the day or temporary laborer's transportation, food, 
    equipment, withheld income tax, withheld social security 
    payments, and every other deduction; and
        (6) any additional information required by rules 
    issued by the Department.

    (a-1)  For each day or temporary laborer who is contracted 
to work a single day, the third party client shall, at the end 
of the work day, provide such day or temporary laborer with a 
Work Verification Form, approved by the Department, which shall 
contain the date, the day or temporary laborer's name, the work 
location, and the hours worked on that day. Any third party 
client who violates this subsection (a-1) may be subject to a 
civil penalty not to exceed $500 for each violation found by 
the Department. Such civil penalty may increase to $2,500 for a 
second or subsequent violation.  For purposes of this subsection 
(a-1), each violation of this subsection (a-1) for each day or 
temporary laborer and for each day the violation continues 
shall constitute a separate and distinct violation.

    (b) A day and temporary labor service agency shall provide 
each
worker an annual
earnings summary within a reasonable time 
after the preceding calendar
year, but in no case later than 
February 1.  A day and temporary
labor service agency shall,
at 
the time of each wage payment, give notice to day or temporary 
laborers
of the
availability of the annual earnings summary or 
post such a notice in a
conspicuous place in the public 
reception area.

    (c) At the request of a day or temporary
laborer, a day and 
temporary labor service agency shall
hold the daily wages of 
the day or temporary laborer and make
either weekly, bi-weekly, 
or semi-monthly
payments.  The wages shall be paid in a single 
check, or, at the day or temporary laborer's sole option, by 
direct deposit or other manner approved by the Department, 
representing
the wages earned during the period, either weekly, 
bi-weekly, or semi-monthly,
designated by the day or temporary 
laborer in accordance with the
Illinois Wage Payment
and 
Collection Act.  Vouchers or any other method of payment which 
is not generally negotiable shall be prohibited as a method of 
payment of wages. Day and temporary labor service agencies that

make daily wage
payments shall provide written notification to 
all day or temporary
laborers of the right to
request weekly, 
bi-weekly, or semi-monthly checks.  The day and temporary
labor 
service agency may
provide this notice by conspicuously posting 
the notice at the location
where the wages are received by the 
day or temporary laborers.

    (d) No day and temporary labor service agency shall charge 
any
day or temporary laborer for
cashing a check issued by the 
agency for wages earned by a
day or temporary laborer who

performed work through that agency. No day and temporary labor 
service agency or third party client shall charge any day or 
temporary laborer for the expense of conducting any consumer 
report, as that term is defined in the Fair Credit Reporting 
Act, 15 U.S.C. 1681a(d), any criminal background check of any 
kind, or any drug test of any kind.

    (e) Day or temporary laborers shall be paid no less than 
the
wage rate stated in the
notice as provided in Section 10 of 
this Act for all the work performed on
behalf of the third 
party client in addition to the work listed in the
written 
description.

    (f) The total amount deducted for meals, equipment, and 
transportation may not cause a day or temporary laborer's 
hourly wage to fall below the State or federal minimum wage.  
However, a day and temporary labor service agency may deduct 
the actual market value of reusable equipment provided to the 
day or temporary laborer by the day and temporary labor service 
agency which the day or temporary laborer fails to return, if 
the day or temporary laborer provides a written authorization 
for such deduction at the time the deduction is made.
    (g) A day or temporary laborer who is contracted by a day 
and temporary labor service agency to work at a third party 
client's worksite but is not utilized by the third party client 
shall be paid by the day and temporary labor service agency for 
a minimum of 4 hours of pay at the agreed upon rate of pay. 
However, in the event the day and temporary labor service 
agency contracts the day or temporary laborer to work at 
another location during the same shift, the day or temporary 
laborer shall be paid by the day and temporary labor service 
agency for a minimum of 2 hours of pay at the agreed upon rate 
of pay.

    (h)  A third party client is required to pay wages and 
related payroll taxes to a licensed day and temporary labor 
service agency for services performed by the day or temporary 
laborer for the third party client according to payment terms 
outlined on invoices, service agreements, or  stated terms 
provided by the day and temporary labor service agency.  A third 
party client who fails to comply with this subsection (h) is 
subject to the penalties provided in Section 70 of this Act. 
The Department shall review a complaint filed by a licensed day 
and temporary labor agency.  The Department shall review the 
payroll and accounting records of the day and temporary labor 
service agency and the third party client for the period in 
which the violation of this Act is alleged to have occurred to 
determine if wages and payroll taxes have been paid to the 
agency and that the day or temporary laborer has been paid the 
wages owed him or her. 
(Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)

 
    (820 ILCS 175/33 new)
    Sec. 33. Permanent placement. A day and temporary labor 
service shall attempt to place a current temporary laborer into 
a permanent position with a client when the client informs the 
agency of its plan to hire a permanent employee for a position 
like the positions for which employees are being provided by 
the agency at the same work location.
 



    (820 ILCS 175/45)



    Sec. 45. Registration; Department of Labor. 
    (a) A day and temporary
labor service
agency which is 
located, operates or transacts business within this State shall 
register with the Department of Labor in accordance with rules

adopted by the Department for day and temporary labor service

agencies and shall be subject to this Act and any rules adopted 
under this Act.  Each day and temporary labor service agency 
shall provide proof of an employer account number issued by the 
Department of Employment Security for the payment of 
unemployment insurance contributions as required under the 
Unemployment Insurance Act, and proof of valid workers' 
compensation insurance in effect at the time of registration 
covering all of its employees. If, at any time, a day and 
temporary labor service agency's workers' compensation 
insurance coverage lapses, the agency shall have an affirmative 
duty to report the lapse of such coverage to the Department and 
the agency's registration shall be suspended until the agency's 
workers' compensation insurance is reinstated. The Department 
may assess each day and temporary labor service agency a 
non-refundable
registration fee
not exceeding $1,000 per year 
per agency and a non-refundable fee not to exceed $250 for each 
branch office or other location where the agency regularly 
contracts with day or temporary laborers for services.  The fee 
may be paid by check , or money order , or the State 
Treasurer's E-Pay program or any successor program,
and the 
Department may not refuse to accept a check on the basis that 
it is
not a certified check or a cashier's check.  The 
Department may charge an
additional fee to be paid by a day and 
temporary labor service agency if the agency, or any person on 
the
agency's behalf, issues or delivers a check to the 
Department that is not
honored by the financial institution 
upon which it is drawn.  The Department
shall also adopt rules

for violation
hearings and penalties for violations of this Act 
or the Department's rules
in conjunction with the penalties set 
forth in this Act.
    (a-1) At the time of registration with the Department of 
Labor each year, the day and temporary labor service agency 
shall submit to the Department of Labor a report containing the 
information identified in paragraph (9) of subsection (a) of 
Section 12, broken down by branch office, in the aggregate for 
all day or temporary laborers assigned within Illinois and 
subject to this Act during the preceding year.  This information 
shall be submitted on a form created by the Department of 
Labor. The Department of Labor shall aggregate the information 
submitted by all registering day and temporary labor service 
agencies by removing identifying data and shall have the 
information available to the public only on a municipal and 
county basis. As used in this paragraph, "identifying data" 
means any and all information that: (i) provides specific 
information on individual worker identity; (ii) identifies the 
service agency in any manner; and (iii) identifies clients 
utilizing the day and temporary labor service agency or any 
other information that can be traced back to any specific 
registering day and temporary labor service agency or its 
client.  The information and reports submitted to the Department 
of Labor under this subsection by the registering day and 
temporary labor service agencies are exempt from inspection and 
copying under Section 7.5 of the Freedom of Information Act. 
    (b) It is a violation of this Act to operate a day and 
temporary labor service agency without first registering with 
the Department in accordance with  subsection (a) of this 
Section. The Department shall create and maintain at regular 
intervals on its website, accessible to the public: (1)  a list 
of all registered day and temporary labor service agencies in 
the State whose registration is in good standing; (2) a list of 
day and temporary labor service agencies in the State whose 
registration has been suspended, including the reason for the 
suspension, the date the suspension was initiated, and the 
date, if known, the suspension is to be lifted; and (3) a list 
of day and temporary labor service agencies in the State whose 
registration has been revoked, including the reason for the 
revocation and the date the registration was revoked. The 
Department has the authority to assess a penalty against any 
day and temporary labor service agency that fails to register 
with the Department of Labor in accordance with this Act or any 
rules adopted under this Act of $500 for each violation. Each 
day during which a day and temporary labor service agency 
operates without registering with the Department shall be a 
separate and distinct violation of this Act.
    (c) An applicant is not eligible to register to operate a 
day and temporary labor service agency under this Act if the 
applicant or any of its officers, directors, partners, or 
managers or any owner of 25% or greater beneficial interest:
        (1) has been involved, as owner, officer, director, 
    partner, or manager, of any day and temporary labor service 
    agency whose registration has been revoked or has been 
    suspended without being reinstated within the 5 years 
    immediately preceding the filing of  the application; or
        (2) is under the age of 18.
    (d) Every agency shall post and keep posted at each 
location, in a position easily accessible to all employees, 
notices as supplied and required by the Department containing a 
copy or summary of the provisions of the Act and

a notice which 
informs
the public of a toll-free telephone number for day or 
temporary laborers
and the public to
file wage dispute 
complaints and other alleged violations by
day and temporary 
labor service
agencies. Such notices shall be in English or any 
other language generally understood in the locale of the day 
and temporary labor service agency.


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