96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1241


 
Introduced 2/18/2009, by Rep. Jack D. Franks
 
SYNOPSIS AS INTRODUCED:
 		








  



820 ILCS 175/40









    Amends the Day and Temporary Labor Services Act. Makes a technical change in a Section concerning work restriction. 
















LRB096 10259 WGH 20427 b

















 


 


A BILL FOR









 











HB1241

LRB096 10259 WGH 20427 b






1
    AN ACT concerning employment.

 
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 40 as follows:
 



6
    (820 ILCS 175/40)



7
    Sec. 40. Work Restriction. No day and
and temporary labor 
8
service
agency shall
restrict the right of a day or temporary 
9
laborer to accept a
permanent position with a third
party 
10
client to whom the day or temporary laborer has been
referred 
11
for
work or restrict the right of such third party client to 
12
offer such
employment to a day or temporary laborer. A day and 
13
temporary labor service agency may charge a placement fee to a 
14
third party client for employing a day or temporary laborer for 
15
whom a contract for work was effected by the day and temporary 
16
labor service agency not to exceed the equivalent of the total 
17
daily commission rate the day and temporary labor service 
18
agency would have received over a 60-day period, reduced by the 
19
equivalent of the daily commission rate the day and temporary 
20
labor service agency would have received for each day the day 
21
or temporary laborer has performed work for the day and 
22
temporary labor service agency in the preceding 12 months. Days 
23
worked at a day and temporary labor service agency in the 12 
 


 






HB1241
- 2 -
LRB096 10259 WGH 20427 b




1
months preceding the effective date of this amendatory Act of 
2
the 94th General Assembly
shall be included for purposes of 
3
calculating the maximum placement fee described in this 
4
Section. However, placement of a day or temporary laborer who 
5
is contracted by a day and temporary labor service agency to 
6
provide skilled labor shall not be subject to any placement fee 
7
cap. For purposes of this Section, a day or temporary laborer 
8
who performs "skilled labor" shall apply only where the day and 
9
temporary labor service agency performs an advanced 
10
application process, a screening process, which may include 
11
processes such as advanced testing, and a job interview. No fee 
12
provided for under this Section may be assessed or collected by 
13
the day and temporary labor service agency when the day or 
14
temporary laborer is offered permanent work following the 
15
suspension or revocation of the day and temporary labor service 
16
agency's registration by the Department.
17
(Source: P.A. 94-511, eff. 1-1-06.)