093_HB0310

 
                                     LRB093 02462 WGH 06062 b

 1        AN ACT in relation to labor.

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

 4        Section  5.  The Day and Temporary Labor Services Act  is
 5    amended  by  changing  Section  55  and  adding Section 85 as
 6    follows:

 7        (820 ILCS 175/55)
 8        Sec. 55.  Enforcement.  It  shall  be  the  duty  of  the
 9    Department  to  enforce  the  provisions  of  this  Act.  The
10    Department  shall have the power to conduct investigations in
11    connection with the administration and  enforcement  of  this
12    Act  and  any  investigator  with  the  Department  shall  be
13    authorized to visit and inspect, at all reasonable times, any
14    places  covered  by  this  Act  and  shall  be  authorized to
15    inspect,  at  all  reasonable  times,   contracts   for   the
16    employment  of  all day or temporary laborers entered into by
17    third party employers. The Department shall conduct  hearings
18    in  accordance with the Illinois Administrative Procedure Act
19    upon written complaint by an investigator of  the  Department
20    or any interested person of a violation of the Act. After the
21    hearing, if supported by the evidence, the Department may (i)
22    issue  and  cause to be served on any party an order to cease
23    and desist from further  violation  of  the  Act,  (ii)  take
24    affirmative or other action as deemed reasonable to eliminate
25    the  effect  of the violation, (iii) deny, suspend, or revoke
26    any registration under  this  Act,  and  (iv)  determine  the
27    amount  of any civil penalty allowed by the Act. The Director
28    of  Labor  or  his  or  her  representative  may  compel,  by
29    subpoena, the attendance and testimony of witnesses  and  the
30    production  of  books,  payrolls,  records, papers, and other
31    evidence in any investigation or hearing and  may  administer
 
                            -2-      LRB093 02462 WGH 06062 b
 1    oaths  to witnesses.  Nothing in this Act applies to labor or
 2    employment of a clerical or professional nature.
 3    (Source: P.A. 92-783, eff. 1-1-03.)

 4        (820 ILCS 175/85 new)
 5        Sec. 85. Third party employers. Third party employers are
 6    prohibited from entering into contracts for the employment of
 7    day or temporary laborers  with  any  person  or  entity  not
 8    registered  as a day and temporary labor service agency under
 9    Section 45 of this Act.