Public Act 096-1185
 
HB5247 EnrolledLRB096 15053 RLC 30633 b


  
    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 Sections 30, 70, and 95 as follows:
 



    (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.

    (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. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)

 



    (820 ILCS 175/70)



    Sec. 70. Penalties. 
    (a) A day and temporary labor service agency or third party 
client that
violates any
of the provisions of this Act or any 
rule adopted under this Act shall be subject to a civil penalty

not to exceed $6,000 for
 violations found in the first audit by 
the
Department. Following a first audit, a day and temporary 
labor service agency or third party client shall be subject to 
a civil penalty not to
exceed $2,500 for each repeat violation 
found
 by the Department within 3 years. For purposes of this 
subsection, each violation of this Act for each day or 
temporary laborer and for each day the violation continues 
shall constitute a separate and distinct violation.
  In 
determining the amount of a penalty, the Director shall

consider the appropriateness of the penalty to the
day and 
temporary labor service agency or third party client charged, 
upon the determination of the
gravity of the violations. For 
any violation determined by the Department to be willful which 
is within 3 years of an earlier violation, the Department may 
revoke the registration of the violator, if the violator is a 
day and temporary labor service agency. The
amount of the 
penalty, when finally determined, may be:


        (1) Recovered in a civil action brought by the Director 
    of Labor in any
circuit court.  In this litigation, the 
    Director of Labor shall be represented
by the Attorney 
    General.


        (2) Ordered by the court, in an action brought by any 
    party for a
violation under this Act,
to
be paid to the 
    Director of Labor.

    (b) The Department shall 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.

    Any administrative determination by the Department as to 
the amount of each
penalty shall be final unless reviewed as 
provided in Section 60 of this Act.

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

 
    (820 ILCS 175/95)

    Sec. 95. Private Right of Action.
    (a) A person aggrieved by a violation of this Act or any 
rule adopted under this Act by a day and temporary labor 
service agency or a third party client may file suit in circuit 
court of Illinois, in the county where the alleged offense 
occurred or where any day or temporary laborer who is party to 
the action resides, without regard to exhaustion of any 
alternative administrative remedies provided in this Act. A day 
and temporary labor service agency aggrieved by a violation of 
this Act or any rule adopted under this Act by a third party 
client may file suit in circuit court of Illinois, in the 
county where the alleged offense occurred or where the day and 
temporary labor service agency which is party to the action is 
located. Actions may be brought by one or more day or temporary 
laborers for and on behalf of themselves and other day or 
temporary laborers similarly situated. A day or temporary 
laborer whose rights have been violated under this Act by a day 
and temporary labor service agency or a third party client or a 
day and temporary labor service agency whose rights have been 
violated under this Act by a third party client is entitled to 
collect:
        (1) in the case of a wage and hour violation, the 
    amount of any wages, salary, employment benefits, or other 
    compensation denied or lost to the day or temporary laborer 
    or day and temporary labor service agency by reason of the 
    violation, plus an equal amount in liquidated damages;
        (2) in the case of a health and safety or notice 
    violation, compensatory damages and an amount up to $500 
    for the violation of each subpart of each Section;
        (3) in the case of unlawful retaliation, all legal or 
    equitable relief as may be appropriate; and
        (4) attorney's fees and costs.
    (b) The right of an aggrieved person to bring an action 
under this Section terminates upon the passing of 3 years from 
the final date of employment by the day and temporary labor 
agency or the third party client or upon the passing of 3 years 
from the date of termination of the contract between the day 
and temporary labor service agency and the third party client. 
This limitations period is tolled if a day labor employer has 
deterred a day and temporary labor service agency or day or 
temporary laborer's  exercise of rights under this Act by 
contacting or threatening to contact law enforcement agencies.

(Source: P.A. 94-511, eff. 1-1-06.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.