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1 | AN ACT concerning regulation.
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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 2, 5, 30, 45, 50, 55, 70, and 85 | ||||||
6 | and by adding Sections 11, 42, and 67 as follows: | ||||||
7 | (820 ILCS 175/2)
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8 | Sec. 2. Legislative Findings.
The General Assembly finds | ||||||
9 | as follows: | ||||||
10 | Since the passage of this Act, the number of Over 300,000 | ||||||
11 | workers who work as day or temporary laborers in Illinois has | ||||||
12 | risen from approximately 300,000 to more than 650,000 | ||||||
13 | according to data collected by the Department of Labor . | ||||||
14 | Since the passage of this Act, the number of Approximately | ||||||
15 | 150 day labor and temporary labor service agencies registered | ||||||
16 | in Illinois has risen from approximately 150 with 600 branch | ||||||
17 | offices to over 300 with over 800 branch offices with nearly | ||||||
18 | 600 branch offices are licensed throughout Illinois . In | ||||||
19 | addition, there still exists is a significant large , though | ||||||
20 | unknown, number of unregistered unlicensed day labor and | ||||||
21 | temporary labor service agencies that operate outside the | ||||||
22 | radar of law enforcement. | ||||||
23 | Recent studies and a survey of low-wage day or temporary |
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1 | laborers themselves have consistently found finds that as a | ||||||
2 | group, they are particularly vulnerable to abuse of their | ||||||
3 | labor rights, including unpaid wages, failure to pay for all | ||||||
4 | hours worked, minimum wage and overtime violations, and | ||||||
5 | unlawful deductions deduction from pay for meals, | ||||||
6 | transportation, equipment , and other items. | ||||||
7 | Current law is inadequate to protect the labor and | ||||||
8 | employment rights of these workers. | ||||||
9 | At the same time, in Illinois and in other states, | ||||||
10 | democratically run nonprofit day labor centers, which charge | ||||||
11 | no fee for their services, have been established to provide an | ||||||
12 | alternative for day or temporary laborers to solicit work on | ||||||
13 | street corners. These centers are not subject to this Act.
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14 | (Source: P.A. 94-511, eff. 1-1-06.)
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15 | (820 ILCS 175/5)
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16 | Sec. 5. Definitions. As used in this Act:
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17 | "Day or temporary laborer" means a natural person who | ||||||
18 | contracts
for employment
with a day and temporary labor | ||||||
19 | service agency.
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20 | "Day and temporary labor" means work performed by a day or | ||||||
21 | temporary laborer at a third party client, the duration of | ||||||
22 | which may be specific or undefined, pursuant to a contract or | ||||||
23 | understanding between the day and temporary labor service | ||||||
24 | agency and the third party client.
"Day and temporary labor" | ||||||
25 | does not include labor or employment of
a professional or
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1 | clerical nature.
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2 | "Day and temporary labor service agency" means any person | ||||||
3 | or
entity engaged in
the business of employing day or | ||||||
4 | temporary laborers to provide
services, for a fee, to or for | ||||||
5 | any
third party client pursuant to a contract with the day and | ||||||
6 | temporary
labor service agency and
the third party client.
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7 | "Department" means the Department of Labor.
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8 | "Interested party" means an organization that monitors or | ||||||
9 | is attentive to compliance with public or worker safety laws, | ||||||
10 | wage and hour requirements, or other statutory requirements. | ||||||
11 | "Third party client" means any person that contracts with | ||||||
12 | a
day and temporary labor
service agency for obtaining day or | ||||||
13 | temporary laborers.
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14 | "Person" means every natural person, firm, partnership, | ||||||
15 | co-partnership, limited liability company, corporation, | ||||||
16 | association, business trust, or other legal entity, or its | ||||||
17 | legal representatives, agents, or assigns.
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18 | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
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19 | (820 ILCS 175/11 new) | ||||||
20 | Sec. 11. Right to refuse assignment to a labor dispute. | ||||||
21 | (a) No day and temporary labor service agency may send a | ||||||
22 | day or temporary laborer to a place where a strike, a lockout, | ||||||
23 | or other labor trouble exists without providing, at or before | ||||||
24 | the time of dispatch, a statement, in writing and in a language | ||||||
25 | that the day and temporary laborer understands, informing the |
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1 | day or temporary laborer of the labor dispute and the day or | ||||||
2 | temporary laborer's right to refuse the assignment without | ||||||
3 | prejudice to receiving another assignment. | ||||||
4 | (b) The failure by a day and temporary labor service | ||||||
5 | agency to provide any of the information required by this | ||||||
6 | Section shall constitute a notice violation under Section 95. | ||||||
7 | The failure of a day and temporary labor service agency to | ||||||
8 | provide each piece of information required by this Section at | ||||||
9 | each time it is required by this Section shall constitute a | ||||||
10 | separate and distinct notice violation. If a day and temporary | ||||||
11 | labor service agency claims that it has provided a notice as | ||||||
12 | required under this Section electronically, the day and | ||||||
13 | temporary labor service agency shall bear the burden of | ||||||
14 | showing that the notice was provided if there is a dispute.
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15 | (820 ILCS 175/30)
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16 | Sec. 30. Wage Payment and Notice.
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17 | (a) At the time of
payment of wages, a day and temporary
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18 | labor service agency
shall provide each day or temporary | ||||||
19 | laborer with a detailed
itemized
statement, on the day or | ||||||
20 | temporary laborer's paycheck stub or on a form approved by the | ||||||
21 | Department, listing the following: | ||||||
22 | (1) the name, address, and telephone number of each | ||||||
23 | third party client at which the day or temporary laborer | ||||||
24 | worked. If this information is provided on the day or | ||||||
25 | temporary laborer's paycheck stub, a code for each third |
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1 | party client may be used so long as the required | ||||||
2 | information for each coded third party client is made | ||||||
3 | available to the day or temporary laborer; | ||||||
4 | (2) the number of hours worked by the day or temporary | ||||||
5 | laborer at each third party client each day during the pay | ||||||
6 | period. If the day or temporary laborer is assigned to | ||||||
7 | work at the same work site of the same third party client | ||||||
8 | for multiple days in the same work week, the day and | ||||||
9 | temporary labor service agency may record a summary of | ||||||
10 | hours worked at that third party client's worksite so long | ||||||
11 | as the first and last day of that work week are identified | ||||||
12 | as well. The term "hours worked" has the meaning ascribed | ||||||
13 | to that term in 56 Ill. Adm. Code 210.110 and in accordance | ||||||
14 | with all applicable rules or court interpretations under | ||||||
15 | 56 Ill. Adm. Code 210.110; | ||||||
16 | (3) the rate of payment for each hour worked, | ||||||
17 | including any premium rate or bonus; | ||||||
18 | (4) the total pay period earnings; | ||||||
19 | (5) all deductions made from the day or temporary | ||||||
20 | laborer's compensation made either by the third party | ||||||
21 | client or by the day and temporary labor service agency, | ||||||
22 | and the purpose for which deductions were made, including | ||||||
23 | for the day or temporary laborer's transportation, food, | ||||||
24 | equipment, withheld income tax, withheld social security | ||||||
25 | payments, and every other deduction; and | ||||||
26 | (6) any additional information required by rules |
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1 | issued by the Department.
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2 | (a-1) For each day or temporary laborer who is contracted | ||||||
3 | to work a single day, the third party client shall, at the end | ||||||
4 | of the work day, provide such day or temporary laborer with a | ||||||
5 | Work Verification Form, approved by the Department, which | ||||||
6 | shall contain the date, the day or temporary laborer's name, | ||||||
7 | the work location, and the hours worked on that day. Any third | ||||||
8 | party client who violates this subsection (a-1) may be subject | ||||||
9 | to a civil penalty of not less than $100 and not more than | ||||||
10 | $1,500 to exceed $500 for each violation found by the | ||||||
11 | Department. Such civil penalty shall may increase to not less | ||||||
12 | than $500 and not more than $7,500 $2,500 for a second or | ||||||
13 | subsequent violation. For purposes of this subsection (a-1), | ||||||
14 | each violation of this subsection (a-1) for each day or | ||||||
15 | temporary laborer and for each day the violation continues | ||||||
16 | shall constitute a separate and distinct violation.
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17 | (b) A day and temporary labor service agency shall provide | ||||||
18 | each
worker an annual
earnings summary within a reasonable | ||||||
19 | time after the preceding calendar
year, but in no case later | ||||||
20 | than February 1. A day and temporary
labor service agency | ||||||
21 | shall,
at the time of each wage payment, give notice to day or | ||||||
22 | temporary laborers
of the
availability of the annual earnings | ||||||
23 | summary or post such a notice in a
conspicuous place in the | ||||||
24 | public reception area.
| ||||||
25 | (c) At the request of a day or temporary
laborer, a day and | ||||||
26 | temporary labor service agency shall
hold the daily wages of |
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1 | the day or temporary laborer and make
either weekly, | ||||||
2 | bi-weekly, or semi-monthly
payments. The wages shall be paid | ||||||
3 | in a single check, or, at the day or temporary laborer's sole | ||||||
4 | option, by direct deposit or other manner approved by the | ||||||
5 | Department, representing
the wages earned during the period, | ||||||
6 | either weekly, bi-weekly, or semi-monthly,
designated by the | ||||||
7 | day or temporary laborer in accordance with the
Illinois Wage | ||||||
8 | Payment
and Collection Act. Vouchers or any other method of | ||||||
9 | payment which is not generally negotiable shall be prohibited | ||||||
10 | as a method of payment of wages. Day and temporary labor | ||||||
11 | service agencies that
make daily wage
payments shall provide | ||||||
12 | written notification to all day or temporary
laborers of the | ||||||
13 | right to
request weekly, bi-weekly, or semi-monthly checks. | ||||||
14 | The day and temporary
labor service agency may
provide this | ||||||
15 | notice by conspicuously posting the notice at the location
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16 | where the wages are received by the day or temporary laborers.
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17 | (d) No day and temporary labor service agency shall charge | ||||||
18 | any
day or temporary laborer for
cashing a check issued by the | ||||||
19 | agency for wages earned by a
day or temporary laborer who
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20 | performed work through that agency. No day and temporary labor | ||||||
21 | service agency or third party client shall charge any day or | ||||||
22 | temporary laborer for the expense of conducting any consumer | ||||||
23 | report, as that term is defined in the Fair Credit Reporting | ||||||
24 | Act, 15 U.S.C. 1681a(d), any criminal background check of any | ||||||
25 | kind, or any drug test of any kind.
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26 | (e) Day or temporary laborers shall be paid no less than |
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1 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
2 | this Act for all the work performed on
behalf of the third | ||||||
3 | party client in addition to the work listed in the
written | ||||||
4 | description.
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5 | (f) The total amount deducted for meals, equipment, and | ||||||
6 | transportation may not cause a day or temporary laborer's | ||||||
7 | hourly wage to fall below the State or federal minimum wage. | ||||||
8 | However, a day and temporary labor service agency may deduct | ||||||
9 | the actual market value of reusable equipment provided to the | ||||||
10 | day or temporary laborer by the day and temporary labor | ||||||
11 | service agency which the day or temporary laborer fails to | ||||||
12 | return, if the day or temporary laborer provides a written | ||||||
13 | authorization for such deduction at the time the deduction is | ||||||
14 | 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 | ||||||
18 | client shall be paid by the day and temporary labor service | ||||||
19 | agency for a minimum of 4 hours of pay at the agreed upon rate | ||||||
20 | of pay. However, in the event the day and temporary labor | ||||||
21 | service agency contracts the day or temporary laborer to work | ||||||
22 | at another location during the same shift, the day or | ||||||
23 | temporary laborer shall be paid by the day and temporary labor | ||||||
24 | service agency for a minimum of 2 hours of pay at the agreed | ||||||
25 | upon rate of pay.
| ||||||
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 | ||||||
6 | third party client who fails to comply with this subsection | ||||||
7 | (h) is subject to the penalties provided in Section 70 of this | ||||||
8 | Act. The Department shall review a complaint filed by a | ||||||
9 | licensed day and temporary labor agency. The Department shall | ||||||
10 | review the payroll and accounting records of the day and | ||||||
11 | temporary labor service agency and the third party client for | ||||||
12 | the period in which the violation of this Act is alleged to | ||||||
13 | have occurred to determine if wages and payroll taxes have | ||||||
14 | been paid to the agency and that the day or temporary laborer | ||||||
15 | has been paid the wages owed him or her. | ||||||
16 | (Source: P.A. 100-517, eff. 6-1-18 .)
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17 | (820 ILCS 175/42 new) | ||||||
18 | Sec. 42. Equal pay for equal work. A day or temporary | ||||||
19 | laborer who is assigned to work at a third party client for | ||||||
20 | more than 90 calendar days shall be paid not less than the rate | ||||||
21 | of pay and equivalent benefits as the lowest paid directly | ||||||
22 | hired employee of the third party client with the same level of | ||||||
23 | seniority at the company and performing the same or | ||||||
24 | substantially similar work on jobs the performance of which | ||||||
25 | requires substantially similar skill, effort, and |
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1 | responsibility, and that are performed under similar working | ||||||
2 | conditions. If there is not a directly hired comparative | ||||||
3 | employee of the third party client, the day or temporary | ||||||
4 | laborer shall be paid not less than the rate of pay and | ||||||
5 | equivalent benefits of the lowest paid direct hired employee | ||||||
6 | of the company with the closest level of seniority at the | ||||||
7 | company. A day and temporary labor service agency may pay the | ||||||
8 | hourly cash equivalent of the actual cost benefits in lieu of | ||||||
9 | benefits required under this Section. Upon request, a third | ||||||
10 | party client to which a day or temporary laborer has been | ||||||
11 | assigned for more than 90 calendar days shall be obligated to | ||||||
12 | timely provide the day and temporary labor service agency with | ||||||
13 | all necessary information related to job duties, pay, and | ||||||
14 | benefits of directly hired employees necessary for the day and | ||||||
15 | temporary labor service agency to comply with this Section. | ||||||
16 | The failure by a third party client to provide any of the | ||||||
17 | information required under this Section shall constitute a | ||||||
18 | notice violation by the third party client under Section 95. | ||||||
19 | For purposes of this Section, the day and temporary labor | ||||||
20 | service agency shall be considered a person aggrieved as | ||||||
21 | described in Section 95.
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22 | (820 ILCS 175/45)
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23 | Sec. 45. Registration; Department of Labor. | ||||||
24 | (a) A day and temporary
labor service
agency which is | ||||||
25 | located, operates or transacts business within this State |
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1 | shall register with the Department of Labor in accordance with | ||||||
2 | rules
adopted by the Department for day and temporary labor | ||||||
3 | service
agencies and shall be subject to this Act and any rules | ||||||
4 | adopted under this Act. Each day and temporary labor service | ||||||
5 | agency shall provide proof of an employer account number | ||||||
6 | issued by the Department of Employment Security for the | ||||||
7 | payment of unemployment insurance contributions as required | ||||||
8 | under the Unemployment Insurance Act, and proof of valid | ||||||
9 | workers' compensation insurance in effect at the time of | ||||||
10 | registration covering all of its employees. If, at any time, a | ||||||
11 | day and temporary labor service agency's workers' compensation | ||||||
12 | insurance coverage lapses, the agency shall have an | ||||||
13 | affirmative duty to report the lapse of such coverage to the | ||||||
14 | Department and the agency's registration shall be suspended | ||||||
15 | until the agency's workers' compensation insurance is | ||||||
16 | reinstated. The Department may assess each day and temporary | ||||||
17 | labor service agency a non-refundable
registration fee
not | ||||||
18 | exceeding $3,000 $1,000 per year per agency and a | ||||||
19 | non-refundable fee not to exceed $750 $250 for each branch | ||||||
20 | office or other location where the agency regularly contracts | ||||||
21 | with day or temporary laborers for services. The fee may be | ||||||
22 | paid by check, money order, or the State Treasurer's E-Pay | ||||||
23 | program or any successor program,
and the Department may not | ||||||
24 | refuse to accept a check on the basis that it is
not a | ||||||
25 | certified check or a cashier's check. The Department may | ||||||
26 | charge an
additional fee to be paid by a day and temporary |
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1 | labor service agency if the agency, or any person on the
| ||||||
2 | agency's behalf, issues or delivers a check to the Department | ||||||
3 | that is not
honored by the financial institution upon which it | ||||||
4 | is drawn. The Department
shall also adopt rules
for violation
| ||||||
5 | hearings and penalties for violations of this Act or the | ||||||
6 | Department's rules
in conjunction with the penalties set forth | ||||||
7 | in this Act. | ||||||
8 | (a-1) At the time of registration with the Department of | ||||||
9 | Labor each year, the day and temporary labor service agency | ||||||
10 | shall submit to the Department of Labor a report containing | ||||||
11 | the information identified in paragraph (9) of subsection (a) | ||||||
12 | of Section 12, broken down by branch office, in the aggregate | ||||||
13 | for all day or temporary laborers assigned within Illinois and | ||||||
14 | subject to this Act during the preceding year. This | ||||||
15 | information shall be submitted on a form created by the | ||||||
16 | Department of Labor. The Department of Labor shall aggregate | ||||||
17 | the information submitted by all registering day and temporary | ||||||
18 | labor service agencies by removing identifying data and shall | ||||||
19 | have the information available to the public only on a | ||||||
20 | municipal and county basis. As used in this paragraph, | ||||||
21 | "identifying data" means any and all information that: (i) | ||||||
22 | provides specific information on individual worker identity; | ||||||
23 | (ii) identifies the service agency in any manner; and (iii) | ||||||
24 | identifies clients utilizing the day and temporary labor | ||||||
25 | service agency or any other information that can be traced | ||||||
26 | back to any specific registering day and temporary labor |
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| |||||||
1 | service agency or its client. The information and reports | ||||||
2 | submitted to the Department of Labor under this subsection by | ||||||
3 | the registering day and temporary labor service agencies are | ||||||
4 | exempt from inspection and copying under Section 7.5 of the | ||||||
5 | Freedom of Information Act. | ||||||
6 | (b) It is a violation of this Act to operate a day and | ||||||
7 | temporary labor service agency without first registering with | ||||||
8 | the Department in accordance with subsection (a) of this | ||||||
9 | Section. The Department shall create and maintain at regular | ||||||
10 | intervals on its website, accessible to the public: (1) a list | ||||||
11 | of all registered day and temporary labor service agencies in | ||||||
12 | the State whose registration is in good standing; (2) a list of | ||||||
13 | day and temporary labor service agencies in the State whose | ||||||
14 | registration has been suspended, including the reason for the | ||||||
15 | suspension, the date the suspension was initiated, and the | ||||||
16 | date, if known, the suspension is to be lifted; and (3) a list | ||||||
17 | of day and temporary labor service agencies in the State whose | ||||||
18 | registration has been revoked, including the reason for the | ||||||
19 | revocation and the date the registration was revoked. The | ||||||
20 | Department has the authority to assess a penalty against any | ||||||
21 | day and temporary labor service agency that fails to register | ||||||
22 | with the Department of Labor in accordance with this Act or any | ||||||
23 | rules adopted under this Act of $500 for each violation. Each | ||||||
24 | day during which a day and temporary labor service agency | ||||||
25 | operates without registering with the Department shall be a | ||||||
26 | separate and distinct violation of this Act. |
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1 | (c) An applicant is not eligible to register to operate a | ||||||
2 | day and temporary labor service agency under this Act if the | ||||||
3 | applicant or any of its officers, directors, partners, or | ||||||
4 | managers or any owner of 25% or greater beneficial interest: | ||||||
5 | (1) has been involved, as owner, officer, director, | ||||||
6 | partner, or manager, of any day and temporary labor | ||||||
7 | service agency whose registration has been revoked or has | ||||||
8 | been suspended without being reinstated within the 5 years | ||||||
9 | immediately preceding the filing of the application; or | ||||||
10 | (2) is under the age of 18. | ||||||
11 | (d) Every agency shall post and keep posted at each | ||||||
12 | location, in a position easily accessible to all employees, | ||||||
13 | notices as supplied and required by the Department containing | ||||||
14 | a copy or summary of the provisions of the Act and
a notice | ||||||
15 | which informs
the public of a toll-free telephone number for | ||||||
16 | day or temporary laborers
and the public to
file wage dispute | ||||||
17 | complaints and other alleged violations by
day and temporary | ||||||
18 | labor service
agencies. Such notices shall be in English or | ||||||
19 | any other language generally understood in the locale of the | ||||||
20 | day and temporary labor service agency.
| ||||||
21 | (Source: P.A. 100-517, eff. 6-1-18 .)
| ||||||
22 | (820 ILCS 175/50)
| ||||||
23 | Sec. 50. Violations. The Department shall have the | ||||||
24 | authority
to deny, suspend, or
revoke the registration of a | ||||||
25 | day and temporary labor service
agency if warranted by public
|
| |||||||
| |||||||
1 | health and safety concerns or violations of this Act. The | ||||||
2 | Attorney General, pursuant to its authority under Section 6.3 | ||||||
3 | of the Attorney General Act, may request that a circuit court | ||||||
4 | suspend or revoke the registration of a day and temporary | ||||||
5 | labor service agency when warranted by public health concern | ||||||
6 | or violations of this Act. The Attorney General shall provide | ||||||
7 | notice to the Director prior to requesting the suspension or | ||||||
8 | revocation of the registration of a day and temporary labor | ||||||
9 | service agency.
| ||||||
10 | (Source: P.A. 94-511, eff. 1-1-06.)
| ||||||
11 | (820 ILCS 175/55)
| ||||||
12 | Sec. 55. Enforcement by the Department . | ||||||
13 | It shall be the duty of the Department to enforce
the
| ||||||
14 | provisions
of this Act. The Department shall have the power to | ||||||
15 | conduct investigations in
connection with
the administration | ||||||
16 | and enforcement of this Act and any investigator with the
| ||||||
17 | Department shall be
authorized to visit and inspect, at all | ||||||
18 | reasonable times, any places covered by
this Act and shall be | ||||||
19 | authorized to inspect, at all reasonable times,
contracts for | ||||||
20 | the employment of all day or temporary laborers entered into | ||||||
21 | by
a third party client if the Department has received a
| ||||||
22 | complaint indicating that the third party client may have | ||||||
23 | contracted with a
day and
temporary labor service agency that | ||||||
24 | is not registered under this Act.
The
Department shall conduct | ||||||
25 | hearings in accordance with the Illinois
Administrative |
| |||||||
| |||||||
1 | Procedure Act
upon written complaint by an investigator of the | ||||||
2 | Department or any
interested
person of a violation of the Act. | ||||||
3 | After the hearing, if supported by the
evidence, the
| ||||||
4 | Department may (i) issue and cause to be served on any party an | ||||||
5 | order to cease
and desist
from further violation of the Act, | ||||||
6 | (ii) take affirmative or other action as
deemed reasonable
to | ||||||
7 | eliminate the effect of the violation, (iii) deny, suspend, or | ||||||
8 | revoke any
registration under
this Act, and (iv) determine the | ||||||
9 | amount of any civil penalty allowed by the
Act. The Director of
| ||||||
10 | Labor or his or her representative may compel, by subpoena, | ||||||
11 | the attendance and
testimony of
witnesses and the production | ||||||
12 | of books, payrolls, records, papers, and other
evidence in any
| ||||||
13 | investigation or hearing and may administer oaths to | ||||||
14 | witnesses. Nothing in
this Act applies to labor or employment | ||||||
15 | of a clerical or professional nature.
| ||||||
16 | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
| ||||||
17 | (820 ILCS 175/67 new) | ||||||
18 | Sec. 67. Action for civil penalties brought by an | ||||||
19 | interested party. | ||||||
20 | (a) Upon a reasonable belief that a day and temporary | ||||||
21 | labor service agency or a third party client covered by this | ||||||
22 | Act is in violation of any part of this Act, an interested | ||||||
23 | party may initiate a civil action in the county where the | ||||||
24 | alleged offenses occurred or where any party to the action | ||||||
25 | resides, asserting that a violation of the Act has occurred, |
| |||||||
| |||||||
1 | pursuant to the following sequence of events: | ||||||
2 | (1) The interested party submits to the Department of | ||||||
3 | Labor a complaint describing the violation and naming the | ||||||
4 | day or temporary labor service agency or third party | ||||||
5 | client alleged to have violated this Act. | ||||||
6 | (2) The Department sends notice of complaint to the | ||||||
7 | named parties alleged to have violated this Act and the | ||||||
8 | interested party. The named parties may either contest the | ||||||
9 | alleged violation or cure the alleged violation. | ||||||
10 | (3) The named parties contest or cure the alleged | ||||||
11 | violation within 30 days after the receipt of the notice | ||||||
12 | of complaint or, if the named party does not respond | ||||||
13 | within 30 days, the Department issues a notice of right to | ||||||
14 | sue to the interested party as described in paragraph (4). | ||||||
15 | (4) The Department issues a notice of right to sue to | ||||||
16 | the interested party, if one or more of the following has | ||||||
17 | occurred: | ||||||
18 | (i) the named party has cured the alleged | ||||||
19 | violation to the satisfaction of the Director; | ||||||
20 | (ii) the Director has determined that the | ||||||
21 | allegation is unjustified or that the Department does | ||||||
22 | not have jurisdiction over the matter or the parties; | ||||||
23 | or | ||||||
24 | (iii) the Director has determined that the | ||||||
25 | allegation is justified or has not made a | ||||||
26 | determination, and either has decided not to exercise |
| |||||||
| |||||||
1 | jurisdiction over the matter or has concluded | ||||||
2 | administrative enforcement of the matter. | ||||||
3 | (b) If within 180 days after service of the notice of | ||||||
4 | complaint to the parties, the Department has not (i) resolved | ||||||
5 | the contest and cure period, (ii) with the mutual agreement of | ||||||
6 | the parties, extended the time for the named party to cure the | ||||||
7 | violation and resolve the complaint, or (iii) issued a right | ||||||
8 | to sue letter, the interested party may initiate a civil | ||||||
9 | action for penalties. The parties may extend the 180-day | ||||||
10 | period by mutual agreement. The limitations period for the | ||||||
11 | interested party to bring an action for the alleged violation | ||||||
12 | of the Act shall be tolled for the 180-day period and for the | ||||||
13 | period of any mutually agreed extensions. At the end of the | ||||||
14 | 180-day period, or any mutually agreed extensions, the | ||||||
15 | Department shall issue a right to sue letter to the interested | ||||||
16 | party. | ||||||
17 | (c) Any claim or action filed under this Section must be | ||||||
18 | made within 3 years of the alleged conduct resulting in the | ||||||
19 | complaint plus any period for which the limitations period has | ||||||
20 | been tolled. | ||||||
21 | (d) In an action brought pursuant to this Section, an | ||||||
22 | interested party may recover against the covered entity any | ||||||
23 | statutory penalties set forth in Section 70 and injunctive | ||||||
24 | relief. An interested party who prevails in a civil action | ||||||
25 | shall receive 10% of any statutory penalties assessed, plus | ||||||
26 | any attorneys' fees and expenses in bringing the action. The |
| |||||||
| |||||||
1 | remaining 90% of any statutory penalties assessed shall be | ||||||
2 | deposited into the Child Labor and Day and Temporary Labor | ||||||
3 | Services Enforcement Fund and shall be used exclusively for | ||||||
4 | the purposes set forth in Section 17.3 of the Child Labor Law.
| ||||||
5 | (820 ILCS 175/70)
| ||||||
6 | Sec. 70. Penalties. | ||||||
7 | (a) A day and temporary labor service agency or third | ||||||
8 | party client that
violates any
of the provisions of this Act or | ||||||
9 | any rule adopted under this Act shall be subject to a civil | ||||||
10 | penalty of not less than $100 and
not more than $18,000 to | ||||||
11 | exceed $6,000 for
violations found in the first audit by the
| ||||||
12 | Department or determined by a court in a civil action brought | ||||||
13 | by an interested party, or determined by a court in a civil | ||||||
14 | action brought by the Attorney General pursuant to its | ||||||
15 | authority under Section 6.3 of the Attorney General Act . | ||||||
16 | Following a first audit or civil action , a day and temporary | ||||||
17 | labor service agency or third party client shall be subject to | ||||||
18 | a civil penalty of not less than $250 and not more than $7,500 | ||||||
19 | to
exceed $2,500 for each repeat violation found
by the | ||||||
20 | Department or circuit court within 3 years. For purposes of | ||||||
21 | this subsection, each violation of this Act for each day or | ||||||
22 | temporary laborer and for each day the violation continues | ||||||
23 | shall constitute a separate and distinct violation.
In | ||||||
24 | determining the amount of a penalty, the Director or circuit | ||||||
25 | court shall
consider the appropriateness of the penalty to the
|
| |||||||
| |||||||
1 | day and temporary labor service agency or third party client | ||||||
2 | charged, upon the determination of the
gravity of the | ||||||
3 | violations. For any violation determined by the Department or | ||||||
4 | circuit court to be willful which is within 3 years of an | ||||||
5 | earlier violation, the Department may revoke the registration | ||||||
6 | of the violator, if the violator is a day and temporary labor | ||||||
7 | service agency. The
amount of the penalty, when finally | ||||||
8 | determined, may be:
| ||||||
9 | (1) Recovered in a civil action brought by the | ||||||
10 | Director of Labor in any
circuit court. In this | ||||||
11 | litigation, the Director of Labor shall be represented
by | ||||||
12 | the Attorney General.
| ||||||
13 | (2) Ordered by the court, in an action brought by any | ||||||
14 | party , including the Attorney General pursuant to its | ||||||
15 | authority under Section 6.3 of the Attorney General Act, | ||||||
16 | for a
violation under this Act,
to
be paid to the Director | ||||||
17 | of Labor.
| ||||||
18 | (b) The Department shall adopt rules for violation | ||||||
19 | hearings and penalties for violations of this Act or the | ||||||
20 | Department's rules in conjunction with the penalties set forth | ||||||
21 | in this Act.
| ||||||
22 | Any administrative determination by the Department as to | ||||||
23 | the amount of each
penalty shall be final unless reviewed as | ||||||
24 | provided in Section 60 of this Act.
| ||||||
25 | (Source: P.A. 96-1185, eff. 7-22-10.)
|
| |||||||
| |||||||
1 | (820 ILCS 175/85)
| ||||||
2 | Sec. 85. Third party clients. | ||||||
3 | (a) It is a violation of this Act for a third party client | ||||||
4 | to enter into a contract for the employment of
day or temporary | ||||||
5 | laborers with any day and temporary labor service agency
not | ||||||
6 | registered under Section 45 of this Act.
A third party client | ||||||
7 | has a duty to verify a day and temporary labor service agency's | ||||||
8 | status with the Department before entering into a contract | ||||||
9 | with such an agency, and on March 1 and September 1 of each | ||||||
10 | year. A day and temporary labor service agency shall be | ||||||
11 | required to provide each of its third party clients with proof | ||||||
12 | of valid registration issued by the Department at the time of | ||||||
13 | entering into a contract. A day and temporary labor service | ||||||
14 | agency shall be required to notify, both by telephone and in | ||||||
15 | writing, each day or temporary laborer it employs and each | ||||||
16 | third party client with whom it has a contract within 24 hours | ||||||
17 | of any denial, suspension, or revocation of its registration | ||||||
18 | by the Department. All contracts between any day and temporary | ||||||
19 | labor service agency and any third party client shall be | ||||||
20 | considered null and void from the date any such denial, | ||||||
21 | suspension, or revocation of registration becomes effective | ||||||
22 | and until such time as the day and temporary labor service | ||||||
23 | agency becomes registered and considered in good standing by | ||||||
24 | the Department as provided in Section 50 and Section 55. Upon | ||||||
25 | request, the Department shall provide to a third party client | ||||||
26 | a list
of entities registered as day and temporary labor |
| |||||||
| |||||||
1 | service agencies. The
Department shall
provide on the Internet | ||||||
2 | a list of entities registered as day and temporary
labor | ||||||
3 | service agencies. A third party client may rely on information | ||||||
4 | provided by the Department or maintained on the Department's | ||||||
5 | website pursuant to Section 45 of this Act and shall be held | ||||||
6 | harmless if such information maintained or provided by the | ||||||
7 | Department was inaccurate. Any third party client that | ||||||
8 | violates this provision of the Act is subject to a civil | ||||||
9 | penalty of not less than $100 and not to exceed $1,500 $500 . | ||||||
10 | Each day during which a third party client contracts with a day | ||||||
11 | and temporary labor service agency not registered under | ||||||
12 | Section 45 of this Act shall constitute a separate and | ||||||
13 | distinct offense.
| ||||||
14 | (b) If a third party client leases or contracts with a day | ||||||
15 | and temporary service agency for the services of a day or | ||||||
16 | temporary laborer, the third party client shall share all | ||||||
17 | legal responsibility and liability for the payment of wages | ||||||
18 | under the Illinois Wage Payment and Collection Act and the | ||||||
19 | Minimum Wage Law.
| ||||||
20 | (c) Before the assignment of an employee to a worksite | ||||||
21 | employer, a day and temporary labor service agency must: | ||||||
22 | (1) inquire about the client company's safety and | ||||||
23 | health practices and hazards at the actual workplace where | ||||||
24 | the day or temporary laborer will be working to assess the | ||||||
25 | safety conditions, workers tasks, and the client company's | ||||||
26 | safety program; these activities are required at the start |
| |||||||
| |||||||
1 | of any contract to place day or temporary laborers and may | ||||||
2 | include visiting the client company's actual worksite. If, | ||||||
3 | during the inquiry or anytime during the period of the | ||||||
4 | contract, the day and temporary labor service agency | ||||||
5 | becomes aware of existing job hazards that are not | ||||||
6 | mitigated by the client company, the day and temporary | ||||||
7 | labor service agency must make the client company aware, | ||||||
8 | urge the client company to correct it, and document these | ||||||
9 | efforts, otherwise the day and temporary labor service | ||||||
10 | agency must remove the day or temporary laborers from the | ||||||
11 | client company's worksite; | ||||||
12 | (2) provide training to the day or temporary laborer | ||||||
13 | for general awareness safety training for recognized | ||||||
14 | industry hazards the day or temporary laborer may | ||||||
15 | encounter at the client company's worksite. Industry | ||||||
16 | hazard training must be completed, in the preferred | ||||||
17 | language of the day or temporary laborer, and must be | ||||||
18 | provided at no expense to the day or temporary laborer. | ||||||
19 | The training date and training content must be maintained | ||||||
20 | by the day and temporary staffing agency and provided to | ||||||
21 | the day or temporary laborer; | ||||||
22 | (3) transmit a general description of the training | ||||||
23 | program including topics covered to the client company, | ||||||
24 | whether electronically or on paper, at the start of the | ||||||
25 | contract with the client company; | ||||||
26 | (4) provide the Department's hotline number for the |
| |||||||
| |||||||
1 | employee to call to report safety hazards and concerns as | ||||||
2 | part of the employment materials provided to the day or | ||||||
3 | temporary laborer; and | ||||||
4 | (5) inform the day or temporary laborer who the day or | ||||||
5 | temporary laborer should report safety concerns to at the | ||||||
6 | workplace. | ||||||
7 | Nothing in this Section shall diminish any existing client | ||||||
8 | company or a day and temporary labor service agency's | ||||||
9 | responsibility as an employer to provide a place of employment | ||||||
10 | free from recognized hazards or to otherwise comply with other | ||||||
11 | health and safety or employment laws. The client company and | ||||||
12 | the day and temporary labor service agency are responsible for | ||||||
13 | compliance with this Section and the rules adopted under this | ||||||
14 | Section. | ||||||
15 | (d) Before the day or temporary laborer engages in work | ||||||
16 | for a client company, the client company must: | ||||||
17 | (1) document and inform the day and temporary labor | ||||||
18 | service agency about anticipated job hazards likely | ||||||
19 | encountered by the day or temporary laborer; | ||||||
20 | (2) review the safety and health awareness training | ||||||
21 | provided by the day and temporary labor service agency to | ||||||
22 | determine if it addresses recognized hazards for the | ||||||
23 | client company's industry; | ||||||
24 | (3) provide specific training tailored to the | ||||||
25 | particular hazards at the client company's worksite; and | ||||||
26 | (4) document and maintain records of site-specific |
| |||||||
| |||||||
1 | training and provide confirmation that the training | ||||||
2 | occurred to the day and temporary labor service agency | ||||||
3 | within 3 business days of providing the training. | ||||||
4 | (e) If the client company changes the job tasks or work | ||||||
5 | location and new hazards may be encountered, the client | ||||||
6 | company must: | ||||||
7 | (1) inform both the day and temporary labor service | ||||||
8 | agency and the day or temporary laborer; and | ||||||
9 | (2) inform both the day and temporary labor service | ||||||
10 | agency staffing agency and the day or temporary laborer of | ||||||
11 | job hazards not previously covered before the day or | ||||||
12 | temporary laborer undertakes the new tasks and update | ||||||
13 | personal protective equipment and training for the new job | ||||||
14 | tasks, if necessary. | ||||||
15 | (f) A day and temporary labor service agency or day or | ||||||
16 | temporary laborer may refuse a new job task at the worksite | ||||||
17 | when the task has not been reviewed or if the day or temporary | ||||||
18 | laborer has not had appropriate training to do the new task. | ||||||
19 | (g) A client company that supervises a day or temporary | ||||||
20 | laborer must provide worksite specific training to the day or | ||||||
21 | temporary laborer and must allow a day and temporary labor | ||||||
22 | service agency to visit any worksite where the day or | ||||||
23 | temporary laborer works or will be working to observe and | ||||||
24 | confirm the client company's training and information related | ||||||
25 | to the worksite's job tasks, safety and health practices, and | ||||||
26 | hazards. |
| |||||||
| |||||||
1 | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
| ||||||
2 | Section 99. Effective date. This Act takes effect July 1, | ||||||
3 | 2023. |