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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 30, 70, and 95 as follows:
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6 | (820 ILCS 175/30)
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7 | Sec. 30. Wage Payment and Notice.
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8 | (a) At the time of
payment of wages, a day and temporary
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9 | labor service agency
shall provide each day or temporary | ||||||
10 | laborer with a detailed
itemized
statement, on the day or | ||||||
11 | temporary laborer's paycheck stub or on a form approved by the | ||||||
12 | Department, listing the following: | ||||||
13 | (1) the name, address, and telephone number of each | ||||||
14 | third party client at which the day or temporary laborer | ||||||
15 | worked. If this information is provided on the day or | ||||||
16 | temporary laborer's paycheck stub, a code for each third | ||||||
17 | party client may be used so long as the required | ||||||
18 | information for each coded third party client is made | ||||||
19 | available to the day or temporary laborer; | ||||||
20 | (2) the number of hours worked by the day or temporary | ||||||
21 | laborer at each third party client each day during the pay | ||||||
22 | period. If the day or temporary laborer is assigned to work | ||||||
23 | at the same work site of the same third party client for |
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1 | multiple days in the same work week, the day and temporary | ||||||
2 | labor service agency may record a summary of hours worked | ||||||
3 | at that third party client's worksite so long as the first | ||||||
4 | and last day of that work week are identified as well. The | ||||||
5 | term "hours worked" has the meaning ascribed to that term | ||||||
6 | in 56 Ill. Adm. Code 210.110 and in accordance with all | ||||||
7 | applicable rules or court interpretations under 56 Ill. | ||||||
8 | Adm. Code 210.110; | ||||||
9 | (3) the rate of payment for each hour worked, including | ||||||
10 | any premium rate or bonus; | ||||||
11 | (4) the total pay period earnings; | ||||||
12 | (5) all deductions made from the day or temporary | ||||||
13 | laborer's compensation made either by the third party | ||||||
14 | client or by the day and temporary labor service agency, | ||||||
15 | and the purpose for which deductions were made, including | ||||||
16 | for the day or temporary laborer's transportation, food, | ||||||
17 | equipment, withheld income tax, withheld social security | ||||||
18 | payments, and every other deduction; and | ||||||
19 | (6) any additional information required by rules | ||||||
20 | issued by the Department.
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21 | (a-1) For each day or temporary laborer who is contracted | ||||||
22 | to work a single day, the third party client shall, at the end | ||||||
23 | of the work day, provide such day or temporary laborer with a | ||||||
24 | Work Verification Form, approved by the Department, which shall | ||||||
25 | contain the date, the day or temporary laborer's name, the work | ||||||
26 | location, and the hours worked on that day. Any third party |
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1 | client who violates this subsection (a-1) may be subject to a | ||||||
2 | civil penalty not to exceed $500 for each violation found by | ||||||
3 | the Department. Such civil penalty may increase to $2,500 for a | ||||||
4 | second or subsequent violation. For purposes of this subsection | ||||||
5 | (a-1), each violation of this subsection (a-1) for each day or | ||||||
6 | temporary laborer and for each day the violation continues | ||||||
7 | shall constitute a separate and distinct violation.
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8 | (b) A day and temporary labor service agency shall provide | ||||||
9 | each
worker an annual
earnings summary within a reasonable time | ||||||
10 | after the preceding calendar
year, but in no case later than | ||||||
11 | February 1. A day and temporary
labor service agency shall,
at | ||||||
12 | the time of each wage payment, give notice to day or temporary | ||||||
13 | laborers
of the
availability of the annual earnings summary or | ||||||
14 | post such a notice in a
conspicuous place in the public | ||||||
15 | reception area.
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16 | (c) At the request of a day or temporary
laborer, a day and | ||||||
17 | temporary labor service agency shall
hold the daily wages of | ||||||
18 | the day or temporary laborer and make
either weekly, bi-weekly, | ||||||
19 | or semi-monthly
payments. The wages shall be paid in a single | ||||||
20 | check, or, at the day or temporary laborer's sole option, by | ||||||
21 | direct deposit or other manner approved by the Department, | ||||||
22 | representing
the wages earned during the period, either weekly, | ||||||
23 | bi-weekly, or semi-monthly,
designated by the day or temporary | ||||||
24 | laborer in accordance with the
Illinois Wage Payment
and | ||||||
25 | Collection Act. Vouchers or any other method of payment which | ||||||
26 | is not generally negotiable shall be prohibited as a method of |
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1 | payment of wages. Day and temporary labor service agencies that
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2 | make daily wage
payments shall provide written notification to | ||||||
3 | all day or temporary
laborers of the right to
request weekly, | ||||||
4 | bi-weekly, or semi-monthly checks. The day and temporary
labor | ||||||
5 | service agency may
provide this notice by conspicuously posting | ||||||
6 | the notice at the location
where the wages are received by the | ||||||
7 | day or temporary laborers.
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8 | (d) No day and temporary labor service agency shall charge | ||||||
9 | any
day or temporary laborer for
cashing a check issued by the | ||||||
10 | agency for wages earned by a
day or temporary laborer who
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11 | performed work through that agency.
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12 | (e) Day or temporary laborers shall be paid no less than | ||||||
13 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
14 | this Act for all the work performed on
behalf of the third | ||||||
15 | party client in addition to the work listed in the
written | ||||||
16 | description.
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17 | (f) The total amount deducted for meals, equipment, and | ||||||
18 | transportation may not cause a day or temporary laborer's | ||||||
19 | hourly wage to fall below the State or federal minimum wage. | ||||||
20 | However, a day and temporary labor service agency may deduct | ||||||
21 | the actual market value of reusable equipment provided to the | ||||||
22 | day or temporary laborer by the day and temporary labor service | ||||||
23 | agency which the day or temporary laborer fails to return, if | ||||||
24 | the day or temporary laborer provides a written authorization | ||||||
25 | for such deduction at the time the deduction is made. | ||||||
26 | (g) A day or temporary laborer who is contracted by a day |
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1 | and temporary labor service agency to work at a third party | ||||||
2 | client's worksite but is not utilized by the third party client | ||||||
3 | shall be paid by the day and temporary labor service agency for | ||||||
4 | a minimum of 4 hours of pay at the agreed upon rate of pay. | ||||||
5 | However, in the event the day and temporary labor service | ||||||
6 | agency contracts the day or temporary laborer to work at | ||||||
7 | another location during the same shift, the day or temporary | ||||||
8 | laborer shall be paid by the day and temporary labor service | ||||||
9 | agency for a minimum of 2 hours of pay at the agreed upon rate | ||||||
10 | of pay.
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11 | (h) A third party client is required to pay wages and | ||||||
12 | related payroll taxes to a licensed day and temporary labor | ||||||
13 | service agency for services performed by the day or temporary | ||||||
14 | laborer for the third party client according to payment terms | ||||||
15 | outlined on invoices, service agreements, or stated terms | ||||||
16 | provided by the day and temporary labor service agency. A third | ||||||
17 | party client who fails to comply with this subsection (h) is | ||||||
18 | subject to the penalties provided in Section 70 of this Act. | ||||||
19 | The Department shall review a complaint filed by a licensed day | ||||||
20 | and temporary labor agency. The Department shall review the | ||||||
21 | payroll and accounting records of the day and temporary labor | ||||||
22 | service agency and the third party client for the period in | ||||||
23 | which the violation of this Act is alleged to have occurred to | ||||||
24 | determine if wages and payroll taxes have been paid to the | ||||||
25 | agency and that the day or temporary laborer has been paid the | ||||||
26 | wages owed him or her. |
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1 | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
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2 | (820 ILCS 175/70)
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3 | Sec. 70. Penalties. | ||||||
4 | (a) A day and temporary labor service agency or third party | ||||||
5 | client that
violates any
of the provisions of this Act or any | ||||||
6 | rule adopted under this Act shall be subject to a civil penalty
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7 | not to exceed $6,000 for
violations found in the first audit by | ||||||
8 | the
Department. Following a first audit, a day and temporary | ||||||
9 | labor service agency or third party client shall be subject to | ||||||
10 | a civil penalty not to
exceed $2,500 for each repeat violation | ||||||
11 | found
by the Department within 3 years. For purposes of this | ||||||
12 | subsection, each violation of this Act for each day or | ||||||
13 | temporary laborer and for each day the violation continues | ||||||
14 | shall constitute a separate and distinct violation.
In | ||||||
15 | determining the amount of a penalty, the Director shall
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16 | consider the appropriateness of the penalty to the
day and | ||||||
17 | temporary labor service agency or third party client charged, | ||||||
18 | upon the determination of the
gravity of the violations. For | ||||||
19 | any violation determined by the Department to be willful which | ||||||
20 | is within 3 years of an earlier violation, the Department may | ||||||
21 | revoke the registration of the violator , if the violator is a | ||||||
22 | day and temporary labor service agency . The
amount of the | ||||||
23 | penalty, when finally determined, may be:
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24 | (1) Recovered in a civil action brought by the Director | ||||||
25 | of Labor in any
circuit court. In this litigation, the |
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1 | Director of Labor shall be represented
by the Attorney | ||||||
2 | General.
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3 | (2) Ordered by the court, in an action brought by any | ||||||
4 | party for a
violation under this Act,
to
be paid to the | ||||||
5 | Director of Labor.
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6 | (b) The Department shall adopt rules for violation hearings | ||||||
7 | and penalties for violations of this Act or the Department's | ||||||
8 | rules in conjunction with the penalties set forth in this Act.
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9 | Any administrative determination by the Department as to | ||||||
10 | the amount of each
penalty shall be final unless reviewed as | ||||||
11 | provided in Section 60 of this Act.
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12 | (Source: P.A. 94-511, eff. 1-1-06.)
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13 | (820 ILCS 175/95)
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14 | Sec. 95. Private Right of Action. | ||||||
15 | (a) A person aggrieved by a violation of this Act or any | ||||||
16 | rule adopted under this Act by a day and temporary labor | ||||||
17 | service agency or a third party client may file suit in circuit | ||||||
18 | court of Illinois, in the county where the alleged offense | ||||||
19 | occurred or where any day or temporary laborer who is party to | ||||||
20 | the action resides, without regard to exhaustion of any | ||||||
21 | alternative administrative remedies provided in this Act. A day | ||||||
22 | and temporary labor service agency aggrieved by a violation of | ||||||
23 | this Act or any rule adopted under this Act by a third party | ||||||
24 | client may file suit in circuit court of Illinois, in the | ||||||
25 | county where the alleged offense occurred or where the day and |
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1 | temporary labor service agency which is party to the action is | ||||||
2 | located. Actions may be brought by one or more day or temporary | ||||||
3 | laborers for and on behalf of themselves and other day or | ||||||
4 | temporary laborers similarly situated. A day or temporary | ||||||
5 | laborer whose rights have been violated under this Act by a day | ||||||
6 | and temporary labor service agency or a third party client or a | ||||||
7 | day and temporary labor service agency whose rights have been | ||||||
8 | violated under this Act by a third party client is entitled to | ||||||
9 | collect: | ||||||
10 | (1) in the case of a wage and hour violation, the | ||||||
11 | amount of any wages, salary, employment benefits, or other | ||||||
12 | compensation denied or lost to the day or temporary laborer | ||||||
13 | or day and temporary labor service agency by reason of the | ||||||
14 | violation, plus an equal amount in liquidated damages; | ||||||
15 | (2) in the case of a health and safety or notice | ||||||
16 | violation, compensatory damages and an amount up to $500 | ||||||
17 | for the violation of each subpart of each Section; | ||||||
18 | (3) in the case of unlawful retaliation, all legal or | ||||||
19 | equitable relief as may be appropriate; and | ||||||
20 | (4) attorney's fees and costs. | ||||||
21 | (b) The right of an aggrieved person to bring an action | ||||||
22 | under this Section terminates upon the passing of 3 years from | ||||||
23 | the final date of employment by the day and temporary labor | ||||||
24 | agency or the third party client or upon the passing of 3 years | ||||||
25 | from the date of termination of the contract between the day | ||||||
26 | and temporary labor service agency and the third party client . |
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1 | This limitations period is tolled if a day labor employer has | ||||||
2 | deterred a day and temporary labor service agency or day or | ||||||
3 | temporary laborer's exercise of rights under this Act by | ||||||
4 | contacting or threatening to contact law enforcement agencies.
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5 | (Source: P.A. 94-511, eff. 1-1-06.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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