SB1234 95TH GENERAL ASSEMBLY

LRB095 06157 WGH 26250 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1234

Introduced 2/9/2007, by Sen. William Delgado

SYNOPSIS AS INTRODUCED:

New Act

Creates the Non-English-Speaking Workers Protection Act. Requires certain meatpacking operations that recruit non-English-speaking persons and have more than 10% non-English-speaking employees who speak the same non-English language to: provide a bilingual employee to respond to employment-related questions and serve as a referral agent to community services; file with the Director of Labor statements with specified information about conditions of employment; and provide transportation for a recruited employee, at no cost to the employee, to the location from which the employee was recruited if the employee meets certain criteria. Provides for criminal penalties, civil actions, and injunctive relief. Establishes the Meatpacking Industry Worker Rights Coordinator within the Department of Labor to inspect and review meatpacking operations as they relate to the Governor's Illinois Meatpacking Industry Workers Bill of Rights, and outlines the Bill of Rights. Gives the Coordinator access to meatpacking operations. Provides that the Coordinator shall submit an annual report to the General Assembly and the Governor regarding recommended actions for the fair treatment of workers in the meatpacking industry. Sets forth powers and duties of the Director of Labor.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

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

Section 1. Short title. This Act may be cited as the Non-English-Speaking Workers Protection Act.

Section 5. Definitions. As used in this Act, unless the context otherwise requires:

"Actively recruit" means any affirmative act, as defined by the Department, done by or on behalf of an employer for the purpose of recruitment or hiring of non-English-speaking employees who reside more than 500 miles from the place of employment.

"Director" means the Director of Labor.

"Coordinator" means the Meatpacking Industry Worker Rights Coordinator appointed under Section 30.

"Department" means the Department of Labor.

"Employ" means to permit to work.

"Employee" means any individual employed by any employer but does not include:

(i) Any individual employed in agriculture; or

(ii) Any individual employed as a child care provider in or for a private home.

"Employer" means any individual, partnership, limited liability company, association, corporation, business entity, or organized group of persons employing 100 or more employees at any one time, except for seasonal employment of not more than 20 weeks in any calendar year, or person acting directly or indirectly in the interest of an employer in relation to an employee but does not include the United States, the State, or any political subdivision thereof.

"Livestock product" means any carcass, part thereof, meat, or meat food product of any livestock.

"Meat food product" and "poultry product" have the meanings ascribed to those terms in the Meat and Poultry Inspection Act.

"Meatpacking operation" means a business in which slaughtering, butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry packing, poultry manufacturing, pet food manufacturing, processing of meatpacking products, or rendering is carried on.

"Meatpacking products" includes livestock products and poultry products.

"Non-English-speaking employee" means an employee who does not speak, read, or understand English to the degree necessary for comprehension of the terms, conditions, and daily responsibilities of employment.

Section 10. Recruitment of non-English-speaking persons. If an employer or a representative of an employer actively recruits any non-English-speaking persons for employment in this State and if more than 10% of the employees of an employer are non-English-speaking employees and speak the same non-English language, the employer shall provide a bilingual employee who is conversant in the identified non-English language and available at the worksite for each shift during which a non-English-speaking employee is employed to:

(1) explain and respond to questions regarding the terms, conditions, and daily responsibilities of employment; and

(2) serve as a referral agent to community services for the non-English-speaking employees.

Section 15. Written statement; transportation.

(a) An employer or a representative of an employer who actively recruits any non-English-speaking persons for employment in this State and whose work force is more than 10% non-English-speaking employees who speak the same non-English language shall file with the Director a written statement signed by the employer and each such employee which provides relevant information regarding the position of employment, including:

(1) the minimum number of hours the employee can expect to work on a weekly basis;

(2) the hourly wages of the position of employment including the starting hourly wage;

(3) a description of the responsibilities and tasks of the position of employment;

(4) a description of the transportation and housing to be provided, if any, including any costs to be charged for housing or transportation, the length of time such housing is to be provided, and whether or not such housing is in compliance with all applicable state and local housing standards; and

(5) any occupational physical demands and hazards of the position of employment which are known to the employer.

The statement shall be written in English and in the identified language of the non-English-speaking employee, and the employer or the representative shall explain in detail the contents of the statement prior to obtaining the employee's signature. A copy of the statement shall be given to the employee.

It is a violation of this subsection if an employer or representative knowingly and willfully provides false or misleading information on the statement or regarding the contents of the statement.

(b) An employer shall provide transportation for a recruited employee, at no cost to the employee, to the location from which the employee was recruited if the employee:

(1) resigns from employment within 4 weeks after the initial date of employment; and

(2) requests transportation within not more than 3 days after the employee's last day of employment with the employer which recruited the employee.

Section 20. Violations; penalty. Any employer who violates Section 10 or 15 or the rules adopted pursuant thereto is guilty of a petty offense with a maximum fine of $500.

Section 25. Civil action; injunctive relief. Any person aggrieved as a result of a violation of Section 10 or 15 or the rules adopted pursuant thereto may file a civil action. If the court finds that the respondent has intentionally violated Section 10 or 15 or the rules adopted pursuant thereto, the court may award damages up to and including an amount equal to the original damages and provide injunctive relief.

Section 30. Meatpacking Industry Worker Rights Coordinator; powers and duties.

(a) The position of Meatpacking Industry Worker Rights Coordinator is established within the Department. The Coordinator shall be appointed by the Governor.

(b) The duties of the Coordinator shall be to inspect and review the practices and procedures of meatpacking operations in the State of Illinois as they relate to the provisions of the Governor's Illinois Meatpacking Industry Workers Bill of Rights, which rights are outlined as follows:

(1) the right to organize;

(2) the right to a safe workplace;

(3) the right to adequate facilities and the opportunity to use them;

(4) the right to complete information;

(5) the right to understand the information provided;

(6) the right to existing State and federal benefits and rights;

(7) the right to be free from discrimination;

(8) the right to continuing training, including training of supervisors;

(9) the right to compensation for work performed; and

(10) the right to seek State help.

(c) The Coordinator and his or her designated representatives shall have access to all meatpacking operations in the State of Illinois at any time meatpacking products are being processed and industry workers are on the job.

(d) Necessary office space, furniture, equipment, and supplies as well as necessary assistance for the Coordinator shall be provided by the Director.

(e) Preference shall be given to applicants for the Coordinator position who are fluent in the Spanish language.

(f) The Coordinator shall, on or before December 1 of each year, submit a report to the General Assembly and the Governor regarding any recommended actions the Coordinator deems necessary or appropriate to provide for the fair treatment of workers in the meatpacking industry.

Section 35. Rules; Director; powers. The Director shall adopt rules necessary to carry out this Act. The Director or a representative of the Director, including the Coordinator, may:

(1) inspect employment records of an employer relating to the total number of employees, the total number of non-English-speaking employees, and the services provided to non-English-speaking employees; and

(2) interview an employer, any representative, any agent, or an employee of the employer during working hours or at other reasonable times.