Rep. Carol Ammons
Filed: 3/24/2017
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1 | AMENDMENT TO HOUSE BILL 690
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2 | AMENDMENT NO. ______. Amend House Bill 690 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Day and Temporary Labor Services Act is | ||||||
5 | amended by changing Sections 20, 30, 40, 45, and 95 and by | ||||||
6 | adding Section 33 as follows:
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7 | (820 ILCS 175/20)
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8 | Sec. 20. Transportation. | ||||||
9 | (a) A day and temporary labor service
agency or a third
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10 | party client or a contractor or agent of either shall charge no | ||||||
11 | fee to transport a
day or temporary
laborer to or from the | ||||||
12 | designated work site. | ||||||
13 | (b) A day and temporary labor service agency is responsible | ||||||
14 | for the conduct and performance of any person who transports a | ||||||
15 | day or temporary laborer from the agency to a work site, unless | ||||||
16 | the transporter is: (1) a public mass transportation system as |
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1 | defined in Section 2 of the Local Mass Transit District Act; | ||||||
2 | (2) a common carrier; (3) the day or temporary laborer | ||||||
3 | providing his or her own transportation; or (4) selected | ||||||
4 | exclusively by and at the sole choice of the day or temporary | ||||||
5 | laborer for transportation in a vehicle not owned or operated | ||||||
6 | by the day and temporary labor service agency. If any day and | ||||||
7 | temporary labor service agency provides transportation to a day | ||||||
8 | or temporary laborer or refers a day or temporary laborer as | ||||||
9 | provided in subsection (c), the day and temporary labor service | ||||||
10 | agency may not allow a motor vehicle to be used for the | ||||||
11 | transporting of day or temporary laborers if the agency knows | ||||||
12 | or should know that the motor vehicle used for the | ||||||
13 | transportation of day or temporary laborers is unsafe or not | ||||||
14 | equipped as required by this Act or by any rule adopted under | ||||||
15 | this Act, unless the vehicle is: (1) the property of a public | ||||||
16 | mass transportation system as defined in Section 2 of the Local | ||||||
17 | Mass Transit District Act; (2) the property of a common | ||||||
18 | carrier; (3) the day or temporary laborer's personal vehicle; | ||||||
19 | or (4) a vehicle of a day or temporary laborer used to carpool | ||||||
20 | other day or temporary laborers and which is selected | ||||||
21 | exclusively by and at the sole choice of the day or temporary | ||||||
22 | laborer for transportation. | ||||||
23 | (c) A day and temporary labor service agency may not refer | ||||||
24 | a day or temporary laborer to any person for transportation to | ||||||
25 | a work site unless that person is (1) a public mass | ||||||
26 | transportation system as defined in Section 2 of the Local Mass |
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1 | Transit District Act or (2) providing the transportation at no | ||||||
2 | fee. Directing the day or temporary laborer to accept a | ||||||
3 | specific car pool as a condition of work shall be considered a | ||||||
4 | referral by the day and temporary labor service agency. Any | ||||||
5 | mention or discussion of the cost of a car pool shall be | ||||||
6 | considered a referral by the agency. Informing a day or | ||||||
7 | temporary laborer of the availability of a car pool driven by | ||||||
8 | another day or temporary laborer shall not be considered a | ||||||
9 | referral by the agency. | ||||||
10 | (d) Any
motor vehicle that is owned or operated by the day
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11 | and temporary labor service agency or a
third party client, or | ||||||
12 | a contractor or agent of either, or to which a day and | ||||||
13 | temporary labor service agency refers a day or temporary | ||||||
14 | laborer, which is used for the
transportation of day or | ||||||
15 | temporary laborers shall have proof of
financial | ||||||
16 | responsibility as
provided for in Chapter 8 of the Illinois | ||||||
17 | Vehicle Code or as required by Department rules. The driver of | ||||||
18 | the vehicle shall hold a valid license to operate motor | ||||||
19 | vehicles in the correct classification and shall be required to | ||||||
20 | produce the license immediately upon demand by the Department, | ||||||
21 | its inspectors or deputies, or any other person authorized to | ||||||
22 | enforce this Act. The Department shall forward a violation of | ||||||
23 | this subsection to the appropriate law enforcement authorities | ||||||
24 | or regulatory agencies, whichever is applicable.
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25 | (e) No motor vehicle that is owned or operated by the day | ||||||
26 | and temporary labor service agency or a third party client, or |
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1 | a contractor or agent of either, or to which a day and | ||||||
2 | temporary labor service agency refers a day or temporary | ||||||
3 | laborer, which is used for the transportation of day or | ||||||
4 | temporary laborers may be operated if it does not have a seat | ||||||
5 | and a safety belt for each passenger. The Department shall | ||||||
6 | forward a violation of this subsection to the appropriate law | ||||||
7 | enforcement authorities or regulatory agencies, whichever is | ||||||
8 | applicable.
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9 | (f) If the day or temporary laborer is provided | ||||||
10 | transportation from the point of application to the worksite by | ||||||
11 | the hiring labor service agency operating pursuant to this Act, | ||||||
12 | the day or temporary laborer shall also be provided | ||||||
13 | transportation back to the point of application, unless the day | ||||||
14 | or temporary laborer advises or agrees prior to leaving for the | ||||||
15 | place of employment to obtain alternative transportation after | ||||||
16 | the work shift is completed. | ||||||
17 | (Source: P.A. 94-511, eff. 1-1-06.)
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18 | (820 ILCS 175/30)
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19 | Sec. 30. Wage Payment and Notice.
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20 | (a) At the time of
payment of wages, a day and temporary
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21 | labor service agency
shall provide each day or temporary | ||||||
22 | laborer with a detailed
itemized
statement, on the day or | ||||||
23 | temporary laborer's paycheck stub or on a form approved by the | ||||||
24 | Department, listing the following: | ||||||
25 | (1) the name, address, and telephone number of each |
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1 | third party client at which the day or temporary laborer | ||||||
2 | worked. If this information is provided on the day or | ||||||
3 | temporary laborer's paycheck stub, a code for each third | ||||||
4 | party client may be used so long as the required | ||||||
5 | information for each coded third party client is made | ||||||
6 | available to the day or temporary laborer; | ||||||
7 | (2) the number of hours worked by the day or temporary | ||||||
8 | laborer at each third party client each day during the pay | ||||||
9 | period. If the day or temporary laborer is assigned to work | ||||||
10 | at the same work site of the same third party client for | ||||||
11 | multiple days in the same work week, the day and temporary | ||||||
12 | labor service agency may record a summary of hours worked | ||||||
13 | at that third party client's worksite so long as the first | ||||||
14 | and last day of that work week are identified as well. The | ||||||
15 | term "hours worked" has the meaning ascribed to that term | ||||||
16 | in 56 Ill. Adm. Code 210.110 and in accordance with all | ||||||
17 | applicable rules or court interpretations under 56 Ill. | ||||||
18 | Adm. Code 210.110; | ||||||
19 | (3) the rate of payment for each hour worked, including | ||||||
20 | any premium rate or bonus; | ||||||
21 | (4) the total pay period earnings; | ||||||
22 | (5) all deductions made from the day or temporary | ||||||
23 | laborer's compensation made either by the third party | ||||||
24 | client or by the day and temporary labor service agency, | ||||||
25 | and the purpose for which deductions were made, including | ||||||
26 | for the day or temporary laborer's transportation, food, |
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1 | equipment, withheld income tax, withheld social security | ||||||
2 | payments, and every other deduction; and | ||||||
3 | (6) any additional information required by rules | ||||||
4 | issued by the Department.
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5 | (a-1) For each day or temporary laborer who is contracted | ||||||
6 | to work a single day, the third party client shall, at the end | ||||||
7 | of the work day, provide such day or temporary laborer with a | ||||||
8 | Work Verification Form, approved by the Department, which shall | ||||||
9 | contain the date, the day or temporary laborer's name, the work | ||||||
10 | location, and the hours worked on that day. Any third party | ||||||
11 | client who violates this subsection (a-1) may be subject to a | ||||||
12 | civil penalty not to exceed $500 for each violation found by | ||||||
13 | the Department. Such civil penalty may increase to $2,500 for a | ||||||
14 | second or subsequent violation. For purposes of this subsection | ||||||
15 | (a-1), each violation of this subsection (a-1) for each day or | ||||||
16 | temporary laborer and for each day the violation continues | ||||||
17 | shall constitute a separate and distinct violation.
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18 | (b) A day and temporary labor service agency shall provide | ||||||
19 | each
worker an annual
earnings summary within a reasonable time | ||||||
20 | after the preceding calendar
year, but in no case later than | ||||||
21 | February 1. A day and temporary
labor service agency shall,
at | ||||||
22 | the time of each wage payment, give notice to day or temporary | ||||||
23 | laborers
of the
availability of the annual earnings summary or | ||||||
24 | post such a notice in a
conspicuous place in the public | ||||||
25 | reception area.
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26 | (c) At the request of a day or temporary
laborer, a day and |
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1 | temporary labor service agency shall
hold the daily wages of | ||||||
2 | the day or temporary laborer and make
either weekly, bi-weekly, | ||||||
3 | or semi-monthly
payments. The wages shall be paid in a single | ||||||
4 | check, or, at the day or temporary laborer's sole option, by | ||||||
5 | direct deposit or other manner approved by the Department, | ||||||
6 | representing
the wages earned during the period, either weekly, | ||||||
7 | bi-weekly, or semi-monthly,
designated by the day or temporary | ||||||
8 | laborer in accordance with the
Illinois Wage Payment
and | ||||||
9 | Collection Act. Vouchers or any other method of payment which | ||||||
10 | is not generally negotiable shall be prohibited as a method of | ||||||
11 | payment of wages. Day and temporary labor service agencies that
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12 | make daily wage
payments shall provide written notification to | ||||||
13 | all day or temporary
laborers of the right to
request weekly, | ||||||
14 | bi-weekly, or semi-monthly checks. The day and temporary
labor | ||||||
15 | service agency may
provide this notice by conspicuously posting | ||||||
16 | the notice at the location
where the wages are received by the | ||||||
17 | day or temporary laborers.
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18 | (d) No day and temporary labor service agency shall charge | ||||||
19 | any
day or temporary laborer for
cashing a check issued by the | ||||||
20 | agency for wages earned by a
day or temporary laborer who
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21 | performed work through that agency. No day and temporary labor | ||||||
22 | service agency or third party client shall charge any day or | ||||||
23 | temporary laborer for the expense of conducting any consumer | ||||||
24 | report, as that term is defined in the Fair Credit Reporting | ||||||
25 | Act, 15 U.S.C. 1681a(d), any criminal background check of any | ||||||
26 | kind, or any drug test of any kind.
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1 | (e) Day or temporary laborers shall be paid no less than | ||||||
2 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
3 | this Act for all the work performed on
behalf of the third | ||||||
4 | party client in addition to the work listed in the
written | ||||||
5 | description.
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6 | (f) The total amount deducted for meals, equipment, and | ||||||
7 | transportation may not cause a day or temporary laborer's | ||||||
8 | hourly wage to fall below the State or federal minimum wage. | ||||||
9 | However, a day and temporary labor service agency may deduct | ||||||
10 | the actual market value of reusable equipment provided to the | ||||||
11 | day or temporary laborer by the day and temporary labor service | ||||||
12 | agency which the day or temporary laborer fails to return, if | ||||||
13 | the day or temporary laborer provides a written authorization | ||||||
14 | for such deduction at the time the deduction is made. | ||||||
15 | (g) A day or temporary laborer who is contracted by a day | ||||||
16 | and temporary labor service agency to work at a third party | ||||||
17 | client's worksite but is not utilized by the third party client | ||||||
18 | shall be paid by the day and temporary labor service agency for | ||||||
19 | a minimum of 4 hours of pay at the agreed upon rate of pay. | ||||||
20 | However, in the event the day and temporary labor service | ||||||
21 | agency contracts the day or temporary laborer to work at | ||||||
22 | another location during the same shift, the day or temporary | ||||||
23 | laborer shall be paid by the day and temporary labor service | ||||||
24 | agency for a minimum of 2 hours of pay at the agreed upon rate | ||||||
25 | of pay.
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26 | (h) A third party client is required to pay wages and |
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1 | related payroll taxes to a licensed day and temporary labor | ||||||
2 | service agency for services performed by the day or temporary | ||||||
3 | laborer for the third party client according to payment terms | ||||||
4 | outlined on invoices, service agreements, or stated terms | ||||||
5 | provided by the day and temporary labor service agency. A third | ||||||
6 | party client who fails to comply with this subsection (h) is | ||||||
7 | subject to the penalties provided in Section 70 of this Act. | ||||||
8 | The Department shall review a complaint filed by a licensed day | ||||||
9 | and temporary labor agency. The Department shall review the | ||||||
10 | payroll and accounting records of the day and temporary labor | ||||||
11 | service agency and the third party client for the period in | ||||||
12 | which the violation of this Act is alleged to have occurred to | ||||||
13 | determine if wages and payroll taxes have been paid to the | ||||||
14 | agency and that the day or temporary laborer has been paid the | ||||||
15 | wages owed him or her. | ||||||
16 | (Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
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17 | (820 ILCS 175/33 new) | ||||||
18 | Sec. 33. Permanent placement. A day and temporary labor | ||||||
19 | service agency shall endeavor to permanently place a current | ||||||
20 | temporary laborer in a permanent position with a third party | ||||||
21 | client when the third party client increases its permanent | ||||||
22 | labor force.
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23 | (820 ILCS 175/40)
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24 | Sec. 40. Work Restriction ; Health and Safety Training . |
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1 | (a) No day and temporary labor service
agency shall
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2 | restrict the right of a day or temporary laborer to accept a
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3 | permanent position with a third
party client to whom the day or | ||||||
4 | temporary laborer has been
referred for
work or restrict the | ||||||
5 | right of such third party client to offer such
employment to a | ||||||
6 | day or temporary laborer. A day and temporary labor service | ||||||
7 | agency may charge a placement fee to a third party client for | ||||||
8 | employing a day or temporary laborer for whom a contract for | ||||||
9 | work was effected by the day and temporary labor service agency | ||||||
10 | not to exceed the equivalent of the total daily commission rate | ||||||
11 | the day and temporary labor service agency would have received | ||||||
12 | over a 60-day period, reduced by the equivalent of the daily | ||||||
13 | commission rate the day and temporary labor service agency | ||||||
14 | would have received for each day the day or temporary laborer | ||||||
15 | has performed work for the day and temporary labor service | ||||||
16 | agency in the preceding 12 months. Days worked at a day and | ||||||
17 | temporary labor service agency in the 12 months preceding the | ||||||
18 | effective date of this amendatory Act of the 94th General | ||||||
19 | Assembly
shall be included for purposes of calculating the | ||||||
20 | maximum placement fee described in this Section. However, | ||||||
21 | placement of a day or temporary laborer who is contracted by a | ||||||
22 | day and temporary labor service agency to provide skilled labor | ||||||
23 | shall not be subject to any placement fee cap. For purposes of | ||||||
24 | this Section, a day or temporary laborer who performs "skilled | ||||||
25 | labor" shall apply only where the day and temporary labor | ||||||
26 | service agency performs an advanced application process, a |
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1 | screening process, which may include processes such as advanced | ||||||
2 | testing, and a job interview. No fee provided for under this | ||||||
3 | Section may be assessed or collected by the day and temporary | ||||||
4 | labor service agency when the day or temporary laborer is | ||||||
5 | offered permanent work following the suspension or revocation | ||||||
6 | of the day and temporary labor service agency's registration by | ||||||
7 | the Department.
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8 | (b) Any day and temporary labor service agency and third
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9 | party client must comply with all applicable Occupational | ||||||
10 | Safety and Health Administration (OSHA) standards for all day | ||||||
11 | or temporary laborers including, but not limited to, | ||||||
12 | recordkeeping, safety and health training, powered industrial | ||||||
13 | trucks, bloodborne pathogens, hazard communications, personal | ||||||
14 | protective equipment, whistleblower rights, and recordkeeping. | ||||||
15 | Under OSHA, both third party clients and day and temporary | ||||||
16 | service agencies are joint employers of day or temporary | ||||||
17 | laborers, and are both responsible for providing and | ||||||
18 | maintaining a safe work environment for these laborers. To | ||||||
19 | ensure that OSHA standards are met for day or temporary | ||||||
20 | laborers, third party clients and temporary and day labor | ||||||
21 | service agencies must implement the following actions laid out | ||||||
22 | by OSHA in its Temporary Worker Initiative: | ||||||
23 | (1) The day and temporary labor service agency and the | ||||||
24 | third party client must set out their respective | ||||||
25 | responsibilities for compliance with all relevant OSHA | ||||||
26 | standards in their contract. |
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1 | (2) The tasks the day or temporary laborer is expected | ||||||
2 | to perform, and the safety and health responsibilities of | ||||||
3 | each employer as stated in the day and temporary labor | ||||||
4 | service agency-third party client contract should be | ||||||
5 | communicated to the laborer before the laborer begins work | ||||||
6 | at the job site. | ||||||
7 | (3) Day and temporary labor service agencies have a | ||||||
8 | duty to inquire into the conditions of their laborers' | ||||||
9 | assigned workplaces at third party clients. They must | ||||||
10 | ensure that they are sending laborers to safe workplaces. | ||||||
11 | (4) Ignorance of hazards is not an excuse. | ||||||
12 | (5) Day and temporary labor service agencies must | ||||||
13 | determine what conditions exist at their third party | ||||||
14 | clients, what hazards may be encountered, and how best to | ||||||
15 | ensure protection for the day or temporary laborers. | ||||||
16 | (6) The day and temporary labor service agency has the | ||||||
17 | duty to inquire and verify that the third party client has | ||||||
18 | fulfilled its responsibilities for a safe workplace. | ||||||
19 | (7) Third party clients must provide day or temporary | ||||||
20 | laborers with the identical OSHA required safety training, | ||||||
21 | protective equipment, and other safeguards that are | ||||||
22 | provided to the third party client's directly hired | ||||||
23 | employees performing similar or the same work. | ||||||
24 | (8) The key is communication between the day and | ||||||
25 | temporary labor service agency and the third party client | ||||||
26 | to ensure that the necessary protections are provided. |
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1 | (9) The day and temporary labor service agencies need | ||||||
2 | not become experts on specific workplace hazards, but must | ||||||
3 | determine what conditions exist at their third party | ||||||
4 | clients, what hazards may be encountered, and how best to | ||||||
5 | ensure protection for the day or temporary laborers. | ||||||
6 | (10) The day and temporary labor service agency has the | ||||||
7 | duty to inquire and verify that the host has fulfilled its | ||||||
8 | responsibilities for a safe workplace. | ||||||
9 | (11) Just as important, third party clients must treat | ||||||
10 | laborers like the third party client's directly hired | ||||||
11 | workers in terms of training and safety and health | ||||||
12 | protections. | ||||||
13 | (Source: P.A. 94-511, eff. 1-1-06.)
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14 | (820 ILCS 175/45)
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15 | Sec. 45. Registration; Department of Labor. | ||||||
16 | (a) A day and temporary
labor service
agency which is | ||||||
17 | located, operates or transacts business within this State shall | ||||||
18 | register with the Department of Labor in accordance with rules
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19 | adopted by the Department for day and temporary labor service
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20 | agencies and shall be subject to this Act and any rules adopted | ||||||
21 | under this Act. Each day and temporary labor service agency | ||||||
22 | shall provide proof of an employer account number issued by the | ||||||
23 | Department of Employment Security for the payment of | ||||||
24 | unemployment insurance contributions as required under the | ||||||
25 | Unemployment Insurance Act, and proof of valid workers' |
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1 | compensation insurance in effect at the time of registration | ||||||
2 | covering all of its employees. If, at any time, a day and | ||||||
3 | temporary labor service agency's workers' compensation | ||||||
4 | insurance coverage lapses, the agency shall have an affirmative | ||||||
5 | duty to report the lapse of such coverage to the Department and | ||||||
6 | the agency's registration shall be suspended until the agency's | ||||||
7 | workers' compensation insurance is reinstated. The Department | ||||||
8 | may assess each day and temporary labor service agency a | ||||||
9 | non-refundable
registration fee
not exceeding $1,000 per year | ||||||
10 | per agency and a non-refundable fee not to exceed $250 for each | ||||||
11 | branch office or other location where the agency regularly | ||||||
12 | contracts with day or temporary laborers for services. The fee | ||||||
13 | may be paid by check or money order
and the Department may not | ||||||
14 | refuse to accept a check on the basis that it is
not a | ||||||
15 | certified check or a cashier's check. The Department may charge | ||||||
16 | an
additional fee to be paid by a day and temporary labor | ||||||
17 | service agency if the agency, or any person on the
agency's | ||||||
18 | behalf, issues or delivers a check to the Department that is | ||||||
19 | not
honored by the financial institution upon which it is | ||||||
20 | drawn. The Department
shall also adopt rules
for violation
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21 | hearings and penalties for violations of this Act or the | ||||||
22 | Department's rules
in conjunction with the penalties set forth | ||||||
23 | in this Act. | ||||||
24 | (a-5) At the time of registration with the Department of | ||||||
25 | Labor each year, a day and temporary labor service agency shall | ||||||
26 | provide to the Department of Employment Security a report |
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1 | containing the information identified in paragraph (9) of | ||||||
2 | subsection (a) of Section 12, broken down by branch office, in | ||||||
3 | the aggregate for all day or temporary laborers assigned within | ||||||
4 | Illinois in the prior year to be submitted on a form created by | ||||||
5 | the Department of Employment Security. A day and temporary | ||||||
6 | labor service agency that fails to report to the Department of | ||||||
7 | Employment Security is subject to a civil penalty of $50 for | ||||||
8 | each failure to comply. | ||||||
9 | The Department of Employment Security shall aggregate the | ||||||
10 | information, remove identifying data, and make the information | ||||||
11 | available on a municipal basis and county basis. | ||||||
12 | (b) It is a violation of this Act to operate a day and | ||||||
13 | temporary labor service agency without first registering with | ||||||
14 | the Department in accordance with subsection (a) of this | ||||||
15 | Section. The Department shall create and maintain at regular | ||||||
16 | intervals on its website, accessible to the public: (1) a list | ||||||
17 | of all registered day and temporary labor service agencies in | ||||||
18 | the State whose registration is in good standing; (2) a list of | ||||||
19 | day and temporary labor service agencies in the State whose | ||||||
20 | registration has been suspended, including the reason for the | ||||||
21 | suspension, the date the suspension was initiated, and the | ||||||
22 | date, if known, the suspension is to be lifted; and (3) a list | ||||||
23 | of day and temporary labor service agencies in the State whose | ||||||
24 | registration has been revoked, including the reason for the | ||||||
25 | revocation and the date the registration was revoked. The | ||||||
26 | Department has the authority to assess a penalty against any |
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1 | day and temporary labor service agency that fails to register | ||||||
2 | with the Department of Labor in accordance with this Act or any | ||||||
3 | rules adopted under this Act of $500 for each violation. Each | ||||||
4 | day during which a day and temporary labor service agency | ||||||
5 | operates without registering with the Department shall be a | ||||||
6 | separate and distinct violation of this Act. | ||||||
7 | (c) An applicant is not eligible to register to operate a | ||||||
8 | day and temporary labor service agency under this Act if the | ||||||
9 | applicant or any of its officers, directors, partners, or | ||||||
10 | managers or any owner of 25% or greater beneficial interest: | ||||||
11 | (1) has been involved, as owner, officer, director, | ||||||
12 | partner, or manager, of any day and temporary labor service | ||||||
13 | agency whose registration has been revoked or has been | ||||||
14 | suspended without being reinstated within the 5 years | ||||||
15 | immediately preceding the filing of the application; or | ||||||
16 | (2) is under the age of 18. | ||||||
17 | (d) Every agency shall post and keep posted at each | ||||||
18 | location, in a position easily accessible to all employees, | ||||||
19 | notices as supplied and required by the Department containing a | ||||||
20 | copy or summary of the provisions of the Act and
a notice which | ||||||
21 | informs
the public of a toll-free telephone number for day or | ||||||
22 | temporary laborers
and the public to
file wage dispute | ||||||
23 | complaints and other alleged violations by
day and temporary | ||||||
24 | labor service
agencies. Such notices shall be in English or any | ||||||
25 | other language generally understood in the locale of the day | ||||||
26 | and temporary labor service agency.
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1 | (Source: P.A. 94-511, eff. 1-1-06.)
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2 | (820 ILCS 175/95)
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3 | Sec. 95. Private Right of Action. | ||||||
4 | (a) A person aggrieved by a violation of this Act or any | ||||||
5 | rule adopted under this Act by a day and temporary labor | ||||||
6 | service agency or a third party client may file suit in circuit | ||||||
7 | court of Illinois, in the county where the alleged offense | ||||||
8 | occurred or where any day or temporary laborer who is party to | ||||||
9 | the action resides, without regard to exhaustion of any | ||||||
10 | alternative administrative remedies provided in this Act. A day | ||||||
11 | and temporary labor service agency aggrieved by a violation of | ||||||
12 | this Act or any rule adopted under this Act by a third party | ||||||
13 | client may file suit in circuit court of Illinois, in the | ||||||
14 | county where the alleged offense occurred or where the day and | ||||||
15 | temporary labor service agency which is party to the action is | ||||||
16 | located. Actions may be brought by one or more day or temporary | ||||||
17 | laborers for and on behalf of themselves and other day or | ||||||
18 | temporary laborers similarly situated. A day or temporary | ||||||
19 | laborer whose rights have been violated under this Act by a day | ||||||
20 | and temporary labor service agency or a third party client or a | ||||||
21 | day and temporary labor service agency whose rights have been | ||||||
22 | violated under this Act by a third party client is entitled to | ||||||
23 | collect: | ||||||
24 | (1) in the case of a wage and hour violation, the | ||||||
25 | amount of any wages, salary, employment benefits, or other |
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1 | compensation denied or lost to the day or temporary laborer | ||||||
2 | or day and temporary labor service agency by reason of the | ||||||
3 | violation, plus an equal amount in liquidated damages; | ||||||
4 | (2) in the case of a health and safety or notice | ||||||
5 | violation, compensatory damages and an amount between $50 | ||||||
6 | and up to $500 for each the violation of each subpart of | ||||||
7 | each Section; | ||||||
8 | (3) in the case of unlawful retaliation, all legal or | ||||||
9 | equitable relief as may be appropriate; and | ||||||
10 | (4) attorney's fees and costs. | ||||||
11 | (b) The right of an aggrieved person to bring an action | ||||||
12 | under this Section terminates upon the passing of 3 years from | ||||||
13 | the final date of employment by the day and temporary labor | ||||||
14 | agency or the third party client or upon the passing of 3 years | ||||||
15 | from the date of termination of the contract between the day | ||||||
16 | and temporary labor service agency and the third party client. | ||||||
17 | This limitations period is tolled if a day labor employer has | ||||||
18 | deterred a day and temporary labor service agency or day or | ||||||
19 | temporary laborer's exercise of rights under this Act by | ||||||
20 | contacting or threatening to contact law enforcement agencies.
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21 | (Source: P.A. 96-1185, eff. 7-22-10.)".
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