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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Day and Temporary Labor Services Act is | ||||||
5 | amended by changing Sections 5 and 20 as follows:
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6 | (820 ILCS 175/5)
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7 | Sec. 5. Definitions. As used in this Act:
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8 | "Day or temporary laborer" means a natural person who | ||||||
9 | contracts
for employment
with a day and temporary labor service | ||||||
10 | agency.
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11 | "Day and temporary labor" means labor or employment that is
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12 | occasional
or irregular at which a person is employed for not | ||||||
13 | longer than the time
period required to complete the assignment | ||||||
14 | for which the person
was hired and where wage payments are made | ||||||
15 | directly or indirectly by the
day and temporary labor service | ||||||
16 | agency or the third party employer
for work undertaken by
day | ||||||
17 | or temporary laborers pursuant to a contract between the
day | ||||||
18 | and temporary labor service agency
with the third party | ||||||
19 | employer.
"Day and temporary labor" does not include labor or | ||||||
20 | employment of
a professional or
clerical nature.
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21 | "Day and temporary labor service agency" means any person | ||||||
22 | or
entity engaged in
the business of employing day or temporary | ||||||
23 | laborers to provide
services to or for any
third party employer | ||||||
24 | pursuant to a contract with the day and temporary
labor service | ||||||
25 | and
the third party employer.
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26 | "Department" means the Department of Labor.
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27 | "Person" means every natural person, firm, partnership, | ||||||
28 | copartnership, limited liability company, corporation, | ||||||
29 | association, or other legal entity, or its legal | ||||||
30 | representative, agent, or assigns.
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31 | "Third party employer" means any person that contracts with | ||||||
32 | a
day and temporary labor
service agency for the employment of |
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1 | day or temporary laborers.
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2 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
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3 | (820 ILCS 175/20)
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4 | Sec. 20. Transportation. | ||||||
5 | (a) A day and temporary labor service agency is responsible | ||||||
6 | for the conduct and performance of any person who transports a | ||||||
7 | day or temporary laborer from the agency to a work site, unless | ||||||
8 | the transporter is: (1) a public mass transportation system as | ||||||
9 | defined in Section 2 of the Local Mass Transit District Act; or | ||||||
10 | (2) the day or temporary laborer providing his or her own | ||||||
11 | transportation; or (3) selected exclusively by and at the sole | ||||||
12 | choice of the day or temporary laborer for transportation in a | ||||||
13 | vehicle not owned or operated by the day and temporary labor | ||||||
14 | service agency. | ||||||
15 | (b) A day and temporary labor service agency shall not | ||||||
16 | refer a day or temporary laborer to any person for | ||||||
17 | transportation to a work site unless that person is (1) a | ||||||
18 | public mass transportation system as defined in Section 2 of | ||||||
19 | the Local Mass Transit District Act or (2) providing the | ||||||
20 | transportation without charge to the day or temporary laborer; | ||||||
21 | however, this subsection (b) shall not be construed to prevent | ||||||
22 | a day and temporary labor service
agency or a third
party | ||||||
23 | employer from transporting a
day or temporary
laborer in | ||||||
24 | accordance with this Section. Informing a day or temporary | ||||||
25 | laborer of the availability of a car pool driven by another day | ||||||
26 | or temporary laborer shall not be considered a referral by the | ||||||
27 | agency. Directing the day or temporary laborer to accept a | ||||||
28 | specific car pool as a condition of work shall be considered a | ||||||
29 | referral by the agency. Any mention or discussion of the cost | ||||||
30 | of a car pool shall be considered a referral by the agency.
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31 | (c)
A day and temporary labor service
agency or a third
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32 | party employer shall charge no more than the actual cost to | ||||||
33 | transport a
day or temporary
laborer to or from the designated | ||||||
34 | work site; however, the total cost to each
day or temporary | ||||||
35 | laborer shall not exceed 3% of the
day or temporary laborer's |
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1 | daily wages. Any
motor vehicle that is owned or operated by the | ||||||
2 | day
and temporary labor service agency or a
third party | ||||||
3 | employer, or a contractor of either, or to which a day and | ||||||
4 | temporary labor services agency refers a day or temporary | ||||||
5 | laborer, which is used for the
transportation of day or | ||||||
6 | temporary laborers shall have proof of
financial | ||||||
7 | responsibility as
provided for in Chapter 8 of the Illinois | ||||||
8 | Vehicle Code.
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9 | (d) No motor vehicle that is owned or operated by the day | ||||||
10 | and temporary labor service agency or a third party employer, | ||||||
11 | or a contractor of either, or to which a day and temporary | ||||||
12 | labor service agency refers a day or temporary laborer, which | ||||||
13 | is used for the transportation of day or temporary laborers | ||||||
14 | shall be operated if it is occupied by more passengers than | ||||||
15 | recommended by the manufacturer thereof if the vehicle is | ||||||
16 | manufactured as a passenger vehicle. If the vehicle is | ||||||
17 | manufactured for use other than as a passenger vehicle, then it | ||||||
18 | shall not accommodate more passengers than provided for by the | ||||||
19 | manufacturer in passenger vehicles of like style or rating.
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20 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
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