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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 1. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows: | ||||||
6 | (5 ILCS 140/7.5) | ||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be exempt | ||||||
9 | from inspection and copying: | ||||||
10 | (a) All information determined to be confidential | ||||||
11 | under Section 4002 of the Technology Advancement and | ||||||
12 | Development Act. | ||||||
13 | (b) Library circulation and order records identifying | ||||||
14 | library users with specific materials under the Library | ||||||
15 | Records Confidentiality Act. | ||||||
16 | (c) Applications, related documents, and medical | ||||||
17 | records received by the Experimental Organ Transplantation | ||||||
18 | Procedures Board and any and all documents or other records | ||||||
19 | prepared by the Experimental Organ Transplantation | ||||||
20 | Procedures Board or its staff relating to applications it | ||||||
21 | has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by wireless | ||||||
25 | carriers under the Wireless Emergency Telephone Safety | ||||||
26 | Act. |
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1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
16 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
17 | until the conclusion of the trial of the case, even if the | ||||||
18 | prosecution chooses not to pursue the death penalty prior | ||||||
19 | to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Regional Transportation Authority under Section 2.11 of |
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1 | the Regional Transportation Authority Act or the St. Clair | ||||||
2 | County Transit District under the Bi-State Transit Safety | ||||||
3 | Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted | ||||||
9 | under Section 5-108 of the Public Utilities Act.
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10 | (t) All identified or deidentified health information | ||||||
11 | in the form of health data or medical records contained in, | ||||||
12 | stored in, submitted to, transferred by, or released from | ||||||
13 | the Illinois Health Information Exchange, and identified | ||||||
14 | or deidentified health information in the form of health | ||||||
15 | data and medical records of the Illinois Health Information | ||||||
16 | Exchange in the possession of the Illinois Health | ||||||
17 | Information Exchange Authority due to its administration | ||||||
18 | of the Illinois Health Information Exchange. The terms | ||||||
19 | "identified" and "deidentified" shall be given the same | ||||||
20 | meaning as in the Health Insurance Portability and | ||||||
21 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
22 | subsequent amendments thereto, and any regulations | ||||||
23 | promulgated thereunder. | ||||||
24 | (u) Records and information provided to an independent | ||||||
25 | team of experts under Brian's Law. | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
7 | Licensing Review Board under the Firearm Concealed Carry | ||||||
8 | Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of an | ||||||
22 | eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
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1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) (dd) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (ff) Information and reports that are required to be | ||||||
15 | submitted to the Department of Labor by registering day and | ||||||
16 | temporary labor service agencies but are exempt from | ||||||
17 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
18 | and Temporary Labor Services Act. | ||||||
19 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
20 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
21 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
22 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
23 | 8-19-16; revised 9-1-16.) | ||||||
24 | Section 5. The Day and Temporary Labor Services Act is | ||||||
25 | amended by changing Sections 10, 20, 30, and 45 and by adding |
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1 | Section 33 as follows:
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2 | (820 ILCS 175/10)
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3 | Sec. 10. Employment Notice.
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4 | (a) Whenever a day and temporary labor service agency | ||||||
5 | agrees
to send one or more persons to work as day or temporary | ||||||
6 | laborers,
the day and temporary labor service
agency shall | ||||||
7 | provide to each day or temporary laborer, at the time of | ||||||
8 | dispatch, a
statement containing the following items on a form | ||||||
9 | approved by the Department: | ||||||
10 | (1) the name of the day or temporary laborer; | ||||||
11 | (2) the name and nature of the work to be
performed and | ||||||
12 | the types of equipment, protective clothing, and training | ||||||
13 | that are required for the task ; | ||||||
14 | (3) the
wages
offered; | ||||||
15 | (4) the name and address of the destination of each day | ||||||
16 | or temporary laborer; | ||||||
17 | (5) terms of transportation;
and | ||||||
18 | (6) whether a meal or equipment, or both, are provided, | ||||||
19 | either by the
day and temporary labor service
agency or the | ||||||
20 | third party client, and the cost of the meal and equipment, | ||||||
21 | if any.
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22 | If a day or temporary laborer is assigned to the same | ||||||
23 | assignment for more than one day, the day and temporary labor | ||||||
24 | service agency is required to provide the employment notice | ||||||
25 | only on the first day of the assignment and on any day that any |
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1 | of the terms listed on the employment notice are changed.
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2 | If the day or temporary laborer is not placed with a third | ||||||
3 | party client or otherwise contracted to work for that day, the | ||||||
4 | day and temporary labor service agency shall, upon request, | ||||||
5 | provide the day and temporary laborer with a confirmation that | ||||||
6 | the day or temporary laborer sought work, signed by an employee | ||||||
7 | of the day and temporary labor service agency, which shall | ||||||
8 | include the name of the agency, the name and address of the day | ||||||
9 | or temporary laborer, and the date and the time that the day or | ||||||
10 | temporary laborer receives the confirmation.
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11 | (b) No day and temporary labor service agency may send any
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12 | day or temporary laborer to any place
where a strike, a | ||||||
13 | lockout, or other labor trouble exists.
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14 | (c) The
Department shall recommend to day and temporary | ||||||
15 | labor service
agencies that those agencies
employ personnel who | ||||||
16 | can effectively
communicate information required in | ||||||
17 | subsections (a) and (b) to day or
temporary laborers in
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18 | Spanish, Polish, or any other language that is generally | ||||||
19 | understood in the locale of
the day and temporary labor service | ||||||
20 | agency.
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21 | (Source: P.A. 99-78, eff. 7-20-15.)
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22 | (820 ILCS 175/20)
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23 | Sec. 20. Transportation. | ||||||
24 | (a) A day and temporary labor service
agency or a third
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25 | party client or a contractor or agent of either shall charge no |
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1 | fee to transport a
day or temporary
laborer to or from the | ||||||
2 | designated work site. | ||||||
3 | (b) A day and temporary labor service agency is responsible | ||||||
4 | for the conduct and performance of any person who transports a | ||||||
5 | day or temporary laborer from the agency to a work site, unless | ||||||
6 | the transporter is: (1) a public mass transportation system as | ||||||
7 | defined in Section 2 of the Local Mass Transit District Act; | ||||||
8 | (2) a common carrier; (3) the day or temporary laborer | ||||||
9 | providing his or her own transportation; or (4) selected | ||||||
10 | exclusively by and at the sole choice of the day or temporary | ||||||
11 | laborer for transportation in a vehicle not owned or operated | ||||||
12 | by the day and temporary labor service agency. If any day and | ||||||
13 | temporary labor service agency provides transportation to a day | ||||||
14 | or temporary laborer or refers a day or temporary laborer as | ||||||
15 | provided in subsection (c), the day and temporary labor service | ||||||
16 | agency may not allow a motor vehicle to be used for the | ||||||
17 | transporting of day or temporary laborers if the agency knows | ||||||
18 | or should know that the motor vehicle used for the | ||||||
19 | transportation of day or temporary laborers is unsafe or not | ||||||
20 | equipped as required by this Act or by any rule adopted under | ||||||
21 | this Act, unless the vehicle is: (1) the property of a public | ||||||
22 | mass transportation system as defined in Section 2 of the Local | ||||||
23 | Mass Transit District Act; (2) the property of a common | ||||||
24 | carrier; (3) the day or temporary laborer's personal vehicle; | ||||||
25 | or (4) a vehicle of a day or temporary laborer used to carpool | ||||||
26 | other day or temporary laborers and which is selected |
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1 | exclusively by and at the sole choice of the day or temporary | ||||||
2 | laborer for transportation. | ||||||
3 | (c) A day and temporary labor service agency may not refer | ||||||
4 | a day or temporary laborer to any person for transportation to | ||||||
5 | a work site unless that person is (1) a public mass | ||||||
6 | transportation system as defined in Section 2 of the Local Mass | ||||||
7 | Transit District Act or (2) providing the transportation at no | ||||||
8 | fee. Directing the day or temporary laborer to accept a | ||||||
9 | specific car pool as a condition of work shall be considered a | ||||||
10 | referral by the day and temporary labor service agency. Any | ||||||
11 | mention or discussion of the cost of a car pool shall be | ||||||
12 | considered a referral by the agency. Informing a day or | ||||||
13 | temporary laborer of the availability of a car pool driven by | ||||||
14 | another day or temporary laborer shall not be considered a | ||||||
15 | referral by the agency. | ||||||
16 | (d) Any
motor vehicle that is owned or operated by the day
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17 | and temporary labor service agency or a
third party client, or | ||||||
18 | a contractor or agent of either, or to which a day and | ||||||
19 | temporary labor service agency refers a day or temporary | ||||||
20 | laborer, which is used for the
transportation of day or | ||||||
21 | temporary laborers shall have proof of
financial | ||||||
22 | responsibility as
provided for in Chapter 8 of the Illinois | ||||||
23 | Vehicle Code or as required by Department rules. The driver of | ||||||
24 | the vehicle shall hold a valid license to operate motor | ||||||
25 | vehicles in the correct classification and shall be required to | ||||||
26 | produce the license immediately upon demand by the Department, |
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1 | its inspectors or deputies, or any other person authorized to | ||||||
2 | enforce this Act. The Department shall forward a violation of | ||||||
3 | this subsection to the appropriate law enforcement authorities | ||||||
4 | or regulatory agencies, whichever is applicable.
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5 | (e) No motor vehicle that is owned or operated by the day | ||||||
6 | and temporary labor service agency or a third party client, or | ||||||
7 | a contractor or agent of either, or to which a day and | ||||||
8 | temporary labor service agency refers a day or temporary | ||||||
9 | laborer, which is used for the transportation of day or | ||||||
10 | temporary laborers may be operated if it does not have a seat | ||||||
11 | and a safety belt for each passenger. The Department shall | ||||||
12 | forward a violation of this subsection to the appropriate law | ||||||
13 | enforcement authorities or regulatory agencies, whichever is | ||||||
14 | applicable.
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15 | (f) If the day or temporary laborer is provided | ||||||
16 | transportation from the point of application to the worksite by | ||||||
17 | the hiring labor service agency operating pursuant to this Act, | ||||||
18 | the day or temporary laborer shall also be provided | ||||||
19 | transportation back to the point of application, unless the day | ||||||
20 | or temporary laborer advises or agrees prior to leaving for the | ||||||
21 | place of employment to obtain alternative transportation after | ||||||
22 | the work shift is completed. | ||||||
23 | (Source: P.A. 94-511, eff. 1-1-06.)
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24 | (820 ILCS 175/30)
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25 | Sec. 30. Wage Payment and Notice.
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1 | (a) At the time of
payment of wages, a day and temporary
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2 | labor service agency
shall provide each day or temporary | ||||||
3 | laborer with a detailed
itemized
statement, on the day or | ||||||
4 | temporary laborer's paycheck stub or on a form approved by the | ||||||
5 | Department, listing the following: | ||||||
6 | (1) the name, address, and telephone number of each | ||||||
7 | third party client at which the day or temporary laborer | ||||||
8 | worked. If this information is provided on the day or | ||||||
9 | temporary laborer's paycheck stub, a code for each third | ||||||
10 | party client may be used so long as the required | ||||||
11 | information for each coded third party client is made | ||||||
12 | available to the day or temporary laborer; | ||||||
13 | (2) the number of hours worked by the day or temporary | ||||||
14 | laborer at each third party client each day during the pay | ||||||
15 | period. If the day or temporary laborer is assigned to work | ||||||
16 | at the same work site of the same third party client for | ||||||
17 | multiple days in the same work week, the day and temporary | ||||||
18 | labor service agency may record a summary of hours worked | ||||||
19 | at that third party client's worksite so long as the first | ||||||
20 | and last day of that work week are identified as well. The | ||||||
21 | term "hours worked" has the meaning ascribed to that term | ||||||
22 | in 56 Ill. Adm. Code 210.110 and in accordance with all | ||||||
23 | applicable rules or court interpretations under 56 Ill. | ||||||
24 | Adm. Code 210.110; | ||||||
25 | (3) the rate of payment for each hour worked, including | ||||||
26 | any premium rate or bonus; |
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1 | (4) the total pay period earnings; | ||||||
2 | (5) all deductions made from the day or temporary | ||||||
3 | laborer's compensation made either by the third party | ||||||
4 | client or by the day and temporary labor service agency, | ||||||
5 | and the purpose for which deductions were made, including | ||||||
6 | for the day or temporary laborer's transportation, food, | ||||||
7 | equipment, withheld income tax, withheld social security | ||||||
8 | payments, and every other deduction; and | ||||||
9 | (6) any additional information required by rules | ||||||
10 | issued by the Department.
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11 | (a-1) For each day or temporary laborer who is contracted | ||||||
12 | to work a single day, the third party client shall, at the end | ||||||
13 | of the work day, provide such day or temporary laborer with a | ||||||
14 | Work Verification Form, approved by the Department, which shall | ||||||
15 | contain the date, the day or temporary laborer's name, the work | ||||||
16 | location, and the hours worked on that day. Any third party | ||||||
17 | client who violates this subsection (a-1) may be subject to a | ||||||
18 | civil penalty not to exceed $500 for each violation found by | ||||||
19 | the Department. Such civil penalty may increase to $2,500 for a | ||||||
20 | second or subsequent violation. For purposes of this subsection | ||||||
21 | (a-1), each violation of this subsection (a-1) for each day or | ||||||
22 | temporary laborer and for each day the violation continues | ||||||
23 | shall constitute a separate and distinct violation.
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24 | (b) A day and temporary labor service agency shall provide | ||||||
25 | each
worker an annual
earnings summary within a reasonable time | ||||||
26 | after the preceding calendar
year, but in no case later than |
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1 | February 1. A day and temporary
labor service agency shall,
at | ||||||
2 | the time of each wage payment, give notice to day or temporary | ||||||
3 | laborers
of the
availability of the annual earnings summary or | ||||||
4 | post such a notice in a
conspicuous place in the public | ||||||
5 | reception area.
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6 | (c) At the request of a day or temporary
laborer, a day and | ||||||
7 | temporary labor service agency shall
hold the daily wages of | ||||||
8 | the day or temporary laborer and make
either weekly, bi-weekly, | ||||||
9 | or semi-monthly
payments. The wages shall be paid in a single | ||||||
10 | check, or, at the day or temporary laborer's sole option, by | ||||||
11 | direct deposit or other manner approved by the Department, | ||||||
12 | representing
the wages earned during the period, either weekly, | ||||||
13 | bi-weekly, or semi-monthly,
designated by the day or temporary | ||||||
14 | laborer in accordance with the
Illinois Wage Payment
and | ||||||
15 | Collection Act. Vouchers or any other method of payment which | ||||||
16 | is not generally negotiable shall be prohibited as a method of | ||||||
17 | payment of wages. Day and temporary labor service agencies that
| ||||||
18 | make daily wage
payments shall provide written notification to | ||||||
19 | all day or temporary
laborers of the right to
request weekly, | ||||||
20 | bi-weekly, or semi-monthly checks. The day and temporary
labor | ||||||
21 | service agency may
provide this notice by conspicuously posting | ||||||
22 | the notice at the location
where the wages are received by the | ||||||
23 | day or temporary laborers.
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24 | (d) No day and temporary labor service agency shall charge | ||||||
25 | any
day or temporary laborer for
cashing a check issued by the | ||||||
26 | agency for wages earned by a
day or temporary laborer who
|
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1 | performed work through that agency. No day and temporary labor | ||||||
2 | service agency or third party client shall charge any day or | ||||||
3 | temporary laborer for the expense of conducting any consumer | ||||||
4 | report, as that term is defined in the Fair Credit Reporting | ||||||
5 | Act, 15 U.S.C. 1681a(d), any criminal background check of any | ||||||
6 | kind, or any drug test of any kind.
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7 | (e) Day or temporary laborers shall be paid no less than | ||||||
8 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
9 | this Act for all the work performed on
behalf of the third | ||||||
10 | party client in addition to the work listed in the
written | ||||||
11 | description.
| ||||||
12 | (f) The total amount deducted for meals, equipment, and | ||||||
13 | transportation may not cause a day or temporary laborer's | ||||||
14 | hourly wage to fall below the State or federal minimum wage. | ||||||
15 | However, a day and temporary labor service agency may deduct | ||||||
16 | the actual market value of reusable equipment provided to the | ||||||
17 | day or temporary laborer by the day and temporary labor service | ||||||
18 | agency which the day or temporary laborer fails to return, if | ||||||
19 | the day or temporary laborer provides a written authorization | ||||||
20 | for such deduction at the time the deduction is made. | ||||||
21 | (g) A day or temporary laborer who is contracted by a day | ||||||
22 | and temporary labor service agency to work at a third party | ||||||
23 | client's worksite but is not utilized by the third party client | ||||||
24 | shall be paid by the day and temporary labor service agency for | ||||||
25 | a minimum of 4 hours of pay at the agreed upon rate of pay. | ||||||
26 | However, in the event the day and temporary labor service |
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1 | agency contracts the day or temporary laborer to work at | ||||||
2 | another location during the same shift, the day or temporary | ||||||
3 | laborer shall be paid by the day and temporary labor service | ||||||
4 | agency for a minimum of 2 hours of pay at the agreed upon rate | ||||||
5 | of pay.
| ||||||
6 | (h) A third party client is required to pay wages and | ||||||
7 | related payroll taxes to a licensed day and temporary labor | ||||||
8 | service agency for services performed by the day or temporary | ||||||
9 | laborer for the third party client according to payment terms | ||||||
10 | outlined on invoices, service agreements, or stated terms | ||||||
11 | provided by the day and temporary labor service agency. A third | ||||||
12 | party client who fails to comply with this subsection (h) is | ||||||
13 | subject to the penalties provided in Section 70 of this Act. | ||||||
14 | The Department shall review a complaint filed by a licensed day | ||||||
15 | and temporary labor agency. The Department shall review the | ||||||
16 | payroll and accounting records of the day and temporary labor | ||||||
17 | service agency and the third party client for the period in | ||||||
18 | which the violation of this Act is alleged to have occurred to | ||||||
19 | determine if wages and payroll taxes have been paid to the | ||||||
20 | agency and that the day or temporary laborer has been paid the | ||||||
21 | wages owed him or her. | ||||||
22 | (Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
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23 | (820 ILCS 175/33 new) | ||||||
24 | Sec. 33. Permanent placement. A day and temporary labor | ||||||
25 | service shall attempt to place a current temporary laborer into |
| |||||||
| |||||||
1 | a permanent position with a client when the client informs the | ||||||
2 | agency of its plan to hire a permanent employee for a position | ||||||
3 | like the positions for which employees are being provided by | ||||||
4 | the agency at the same work location.
| ||||||
5 | (820 ILCS 175/45)
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6 | Sec. 45. Registration; Department of Labor. | ||||||
7 | (a) A day and temporary
labor service
agency which is | ||||||
8 | located, operates or transacts business within this State shall | ||||||
9 | register with the Department of Labor in accordance with rules
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10 | adopted by the Department for day and temporary labor service
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11 | agencies and shall be subject to this Act and any rules adopted | ||||||
12 | under this Act. Each day and temporary labor service agency | ||||||
13 | shall provide proof of an employer account number issued by the | ||||||
14 | Department of Employment Security for the payment of | ||||||
15 | unemployment insurance contributions as required under the | ||||||
16 | Unemployment Insurance Act, and proof of valid workers' | ||||||
17 | compensation insurance in effect at the time of registration | ||||||
18 | covering all of its employees. If, at any time, a day and | ||||||
19 | temporary labor service agency's workers' compensation | ||||||
20 | insurance coverage lapses, the agency shall have an affirmative | ||||||
21 | duty to report the lapse of such coverage to the Department and | ||||||
22 | the agency's registration shall be suspended until the agency's | ||||||
23 | workers' compensation insurance is reinstated. The Department | ||||||
24 | may assess each day and temporary labor service agency a | ||||||
25 | non-refundable
registration fee
not exceeding $1,000 per year |
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1 | per agency and a non-refundable fee not to exceed $250 for each | ||||||
2 | branch office or other location where the agency regularly | ||||||
3 | contracts with day or temporary laborers for services. The fee | ||||||
4 | may be paid by check , or money order , or the State | ||||||
5 | Treasurer's E-Pay program or any successor program,
and the | ||||||
6 | Department may not refuse to accept a check on the basis that | ||||||
7 | it is
not a certified check or a cashier's check. The | ||||||
8 | Department may charge an
additional fee to be paid by a day and | ||||||
9 | temporary labor service agency if the agency, or any person on | ||||||
10 | the
agency's behalf, issues or delivers a check to the | ||||||
11 | Department that is not
honored by the financial institution | ||||||
12 | upon which it is drawn. The Department
shall also adopt rules
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13 | for violation
hearings and penalties for violations of this Act | ||||||
14 | or the Department's rules
in conjunction with the penalties set | ||||||
15 | forth in this Act. | ||||||
16 | (a-1) At the time of registration with the Department of | ||||||
17 | Labor each year, the day and temporary labor service agency | ||||||
18 | shall submit to the Department of Labor a report containing the | ||||||
19 | information identified in paragraph (9) of subsection (a) of | ||||||
20 | Section 12, broken down by branch office, in the aggregate for | ||||||
21 | all day or temporary laborers assigned within Illinois and | ||||||
22 | subject to this Act during the preceding year. This information | ||||||
23 | shall be submitted on a form created by the Department of | ||||||
24 | Labor. The Department of Labor shall aggregate the information | ||||||
25 | submitted by all registering day and temporary labor service | ||||||
26 | agencies by removing identifying data and shall have the |
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1 | information available to the public only on a municipal and | ||||||
2 | county basis. As used in this paragraph, "identifying data" | ||||||
3 | means any and all information that: (i) provides specific | ||||||
4 | information on individual worker identity; (ii) identifies the | ||||||
5 | service agency in any manner; and (iii) identifies clients | ||||||
6 | utilizing the day and temporary labor service agency or any | ||||||
7 | other information that can be traced back to any specific | ||||||
8 | registering day and temporary labor service agency or its | ||||||
9 | client. The information and reports submitted to the Department | ||||||
10 | of Labor under this subsection by the registering day and | ||||||
11 | temporary labor service agencies are exempt from inspection and | ||||||
12 | copying under Section 7.5 of the Freedom of Information Act. | ||||||
13 | (b) It is a violation of this Act to operate a day and | ||||||
14 | temporary labor service agency without first registering with | ||||||
15 | the Department in accordance with subsection (a) of this | ||||||
16 | Section. The Department shall create and maintain at regular | ||||||
17 | intervals on its website, accessible to the public: (1) a list | ||||||
18 | of all registered day and temporary labor service agencies in | ||||||
19 | the State whose registration is in good standing; (2) a list of | ||||||
20 | day and temporary labor service agencies in the State whose | ||||||
21 | registration has been suspended, including the reason for the | ||||||
22 | suspension, the date the suspension was initiated, and the | ||||||
23 | date, if known, the suspension is to be lifted; and (3) a list | ||||||
24 | of day and temporary labor service agencies in the State whose | ||||||
25 | registration has been revoked, including the reason for the | ||||||
26 | revocation and the date the registration was revoked. The |
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1 | Department has the authority to assess a penalty against any | ||||||
2 | day and temporary labor service agency that fails to register | ||||||
3 | with the Department of Labor in accordance with this Act or any | ||||||
4 | rules adopted under this Act of $500 for each violation. Each | ||||||
5 | day during which a day and temporary labor service agency | ||||||
6 | operates without registering with the Department shall be a | ||||||
7 | separate and distinct violation of this Act. | ||||||
8 | (c) An applicant is not eligible to register to operate a | ||||||
9 | day and temporary labor service agency under this Act if the | ||||||
10 | applicant or any of its officers, directors, partners, or | ||||||
11 | managers or any owner of 25% or greater beneficial interest: | ||||||
12 | (1) has been involved, as owner, officer, director, | ||||||
13 | partner, or manager, of any day and temporary labor service | ||||||
14 | agency whose registration has been revoked or has been | ||||||
15 | suspended without being reinstated within the 5 years | ||||||
16 | immediately preceding the filing of the application; or | ||||||
17 | (2) is under the age of 18. | ||||||
18 | (d) Every agency shall post and keep posted at each | ||||||
19 | location, in a position easily accessible to all employees, | ||||||
20 | notices as supplied and required by the Department containing a | ||||||
21 | copy or summary of the provisions of the Act and
a notice which | ||||||
22 | informs
the public of a toll-free telephone number for day or | ||||||
23 | temporary laborers
and the public to
file wage dispute | ||||||
24 | complaints and other alleged violations by
day and temporary | ||||||
25 | labor service
agencies. Such notices shall be in English or any | ||||||
26 | other language generally understood in the locale of the day |
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1 | and temporary labor service agency.
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2 | (Source: P.A. 94-511, eff. 1-1-06.)
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