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Sen. Robert Peters
Filed: 5/9/2023
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1 | | AMENDMENT TO HOUSE BILL 2862
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2 | | AMENDMENT NO. ______. Amend House Bill 2862 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 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 |
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1 | | offices to over 300 with over 800 branch offices with nearly |
2 | | 600 branch offices are licensed throughout Illinois . In |
3 | | addition, there still exists is a significant large , though |
4 | | unknown, number of unregistered unlicensed day labor and |
5 | | temporary labor service agencies that operate outside the |
6 | | radar of law enforcement. |
7 | | Recent studies and a survey of low-wage day or temporary |
8 | | laborers themselves have consistently found finds that as a |
9 | | group, they are particularly vulnerable to abuse of their |
10 | | labor rights, including unpaid wages, failure to pay for all |
11 | | hours worked, minimum wage and overtime violations, and |
12 | | unlawful deductions deduction from pay for meals, |
13 | | transportation, equipment , and other items. |
14 | | Current law is inadequate to protect the labor and |
15 | | employment rights of these workers. |
16 | | At the same time, in Illinois and in other states, |
17 | | democratically run nonprofit day labor centers, which charge |
18 | | no fee for their services, have been established to provide an |
19 | | alternative for day or temporary laborers to solicit work on |
20 | | street corners. These centers are not subject to this Act.
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21 | | (Source: P.A. 94-511, eff. 1-1-06.)
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22 | | (820 ILCS 175/5)
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23 | | Sec. 5. Definitions. As used in this Act:
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24 | | "Day or temporary laborer" means a natural person who |
25 | | contracts
for employment
with a day and temporary labor |
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1 | | service agency.
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2 | | "Day and temporary labor" means work performed by a day or |
3 | | temporary laborer at a third party client, the duration of |
4 | | which may be specific or undefined, pursuant to a contract or |
5 | | understanding between the day and temporary labor service |
6 | | agency and the third party client.
"Day and temporary labor" |
7 | | does not include labor or employment of
a professional or
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8 | | clerical nature.
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9 | | "Day and temporary labor service agency" means any person |
10 | | or
entity engaged in
the business of employing day or |
11 | | temporary laborers to provide
services, for a fee, to or for |
12 | | any
third party client pursuant to a contract with the day and |
13 | | temporary
labor service agency and
the third party client.
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14 | | "Department" means the Department of Labor.
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15 | | "Interested party" means an organization that monitors or |
16 | | is attentive to compliance with public or worker safety laws, |
17 | | wage and hour requirements, or other statutory requirements. |
18 | | "Third party client" means any person that contracts with |
19 | | a
day and temporary labor
service agency for obtaining day or |
20 | | temporary laborers.
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21 | | "Person" means every natural person, firm, partnership, |
22 | | co-partnership, limited liability company, corporation, |
23 | | association, business trust, or other legal entity, or its |
24 | | legal representatives, agents, or assigns.
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25 | | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
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1 | | (820 ILCS 175/11 new) |
2 | | Sec. 11. Right to refuse assignment to a labor dispute. |
3 | | (a) No day and temporary labor service agency may send a |
4 | | day or temporary laborer to a place where a strike, a lockout, |
5 | | or other labor trouble exists without providing, at or before |
6 | | the time of dispatch, a statement, in writing and in a language |
7 | | that the day and temporary laborer understands, informing the |
8 | | day or temporary laborer of the labor dispute and the day or |
9 | | temporary laborer's right to refuse the assignment without |
10 | | prejudice to receiving another assignment. |
11 | | (b) The failure by a day and temporary labor service |
12 | | agency to provide any of the information required by this |
13 | | Section shall constitute a notice violation under Section 95. |
14 | | The failure of a day and temporary labor service agency to |
15 | | provide each piece of information required by this Section at |
16 | | each time it is required by this Section shall constitute a |
17 | | separate and distinct notice violation. If a day and temporary |
18 | | labor service agency claims that it has provided a notice as |
19 | | required under this Section electronically, the day and |
20 | | temporary labor service agency shall bear the burden of |
21 | | showing that the notice was provided if there is a dispute.
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22 | | (820 ILCS 175/30)
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23 | | Sec. 30. Wage Payment and Notice.
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24 | | (a) At the time of
payment of wages, a day and temporary
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25 | | labor service agency
shall provide each day or temporary |
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1 | | laborer with a detailed
itemized
statement, on the day or |
2 | | temporary laborer's paycheck stub or on a form approved by the |
3 | | Department, listing the following: |
4 | | (1) the name, address, and telephone number of each |
5 | | third party client at which the day or temporary laborer |
6 | | worked. If this information is provided on the day or |
7 | | temporary laborer's paycheck stub, a code for each third |
8 | | party client may be used so long as the required |
9 | | information for each coded third party client is made |
10 | | available to the day or temporary laborer; |
11 | | (2) the number of hours worked by the day or temporary |
12 | | laborer at each third party client each day during the pay |
13 | | period. If the day or temporary laborer is assigned to |
14 | | work at the same work site of the same third party client |
15 | | for multiple days in the same work week, the day and |
16 | | temporary labor service agency may record a summary of |
17 | | hours worked at that third party client's worksite so long |
18 | | as the first and last day of that work week are identified |
19 | | as well. The term "hours worked" has the meaning ascribed |
20 | | to that term in 56 Ill. Adm. Code 210.110 and in accordance |
21 | | with all applicable rules or court interpretations under |
22 | | 56 Ill. Adm. Code 210.110; |
23 | | (3) the rate of payment for each hour worked, |
24 | | including any premium rate or bonus; |
25 | | (4) the total pay period earnings; |
26 | | (5) all deductions made from the day or temporary |
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1 | | laborer's compensation made either by the third party |
2 | | client or by the day and temporary labor service agency, |
3 | | and the purpose for which deductions were made, including |
4 | | for the day or temporary laborer's transportation, food, |
5 | | equipment, withheld income tax, withheld social security |
6 | | payments, and every other deduction; and |
7 | | (6) any additional information required by rules |
8 | | issued by the Department.
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9 | | (a-1) For each day or temporary laborer who is contracted |
10 | | to work a single day, the third party client shall, at the end |
11 | | of the work day, provide such day or temporary laborer with a |
12 | | Work Verification Form, approved by the Department, which |
13 | | shall contain the date, the day or temporary laborer's name, |
14 | | the work location, and the hours worked on that day. Any third |
15 | | party client who violates this subsection (a-1) may be subject |
16 | | to a civil penalty of not less than $100 and not more than |
17 | | $1,500 to exceed $500 for each violation found by the |
18 | | Department. Such civil penalty shall may increase to not less |
19 | | than $500 and not more than $7,500 $2,500 for a second or |
20 | | subsequent violation. For purposes of this subsection (a-1), |
21 | | 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 |
26 | | time after the preceding calendar
year, but in no case later |
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1 | | than February 1. A day and temporary
labor service agency |
2 | | shall,
at the time of each wage payment, give notice to day or |
3 | | temporary laborers
of the
availability of the annual earnings |
4 | | summary or post such a notice in a
conspicuous place in the |
5 | | public 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, |
9 | | bi-weekly, or semi-monthly
payments. The wages shall be paid |
10 | | in a single check, or, at the day or temporary laborer's sole |
11 | | option, by direct deposit or other manner approved by the |
12 | | Department, representing
the wages earned during the period, |
13 | | either weekly, bi-weekly, or semi-monthly,
designated by the |
14 | | day or temporary laborer in accordance with the
Illinois Wage |
15 | | Payment
and Collection Act. Vouchers or any other method of |
16 | | payment which is not generally negotiable shall be prohibited |
17 | | as a method of payment of wages. Day and temporary labor |
18 | | service agencies that
make daily wage
payments shall provide |
19 | | written notification to all day or temporary
laborers of the |
20 | | right to
request weekly, bi-weekly, or semi-monthly checks. |
21 | | The day and temporary
labor service agency may
provide this |
22 | | notice by conspicuously posting the notice at the location
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23 | | where the wages are received by the 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.
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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 |
18 | | service agency which the day or temporary laborer fails to |
19 | | return, if the day or temporary laborer provides a written |
20 | | authorization for such deduction at the time the deduction is |
21 | | made. |
22 | | (g) A day or temporary laborer who is contracted by a day |
23 | | and temporary labor service agency to work at a third party |
24 | | client's worksite but is not utilized by the third party |
25 | | client shall be paid by the day and temporary labor service |
26 | | agency for a minimum of 4 hours of pay at the agreed upon rate |
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1 | | of pay. However, in the event the day and temporary labor |
2 | | service agency contracts the day or temporary laborer to work |
3 | | at another location during the same shift, the day or |
4 | | temporary laborer shall be paid by the day and temporary labor |
5 | | service agency for a minimum of 2 hours of pay at the agreed |
6 | | upon rate of pay.
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7 | | (h) A third party client is required to pay wages and |
8 | | related payroll taxes to a licensed day and temporary labor |
9 | | service agency for services performed by the day or temporary |
10 | | laborer for the third party client according to payment terms |
11 | | outlined on invoices, service agreements, or stated terms |
12 | | provided by the day and temporary labor service agency. A |
13 | | third party client who fails to comply with this subsection |
14 | | (h) is subject to the penalties provided in Section 70 of this |
15 | | Act. The Department shall review a complaint filed by a |
16 | | licensed day and temporary labor agency. The Department shall |
17 | | review the payroll and accounting records of the day and |
18 | | temporary labor service agency and the third party client for |
19 | | the period in which the violation of this Act is alleged to |
20 | | have occurred to determine if wages and payroll taxes have |
21 | | been paid to the agency and that the day or temporary laborer |
22 | | has been paid the wages owed him or her. |
23 | | (Source: P.A. 100-517, eff. 6-1-18 .)
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24 | | (820 ILCS 175/42 new) |
25 | | Sec. 42. Equal pay for equal work. A day or temporary |
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1 | | laborer who is assigned to work at a third party client for |
2 | | more than 60 calendar days shall be paid not less than the rate |
3 | | of pay and equivalent benefits as the lowest paid directly |
4 | | hired employee of the third party client with the same level of |
5 | | seniority at the company and performing the same or |
6 | | substantially similar work on jobs the performance of which |
7 | | requires substantially similar skill, effort, and |
8 | | responsibility, and that are performed under similar working |
9 | | conditions. If there is not a directly hired comparative |
10 | | employee of the third party client, the day or temporary |
11 | | laborer shall be paid not less than the rate of pay and |
12 | | equivalent benefits of the lowest paid direct hired employee |
13 | | of the company with the closest level of seniority at the |
14 | | company. A day and temporary labor service agency may pay the |
15 | | hourly cash equivalent of the actual cost benefits in lieu of |
16 | | benefits required under this Section. Upon request, a third |
17 | | party client to which a day or temporary laborer has been |
18 | | assigned for more than 60 calendar days shall be obligated to |
19 | | timely provide the day and temporary labor service agency with |
20 | | all necessary information related to job duties, pay, and |
21 | | benefits of directly hired employees necessary for the day and |
22 | | temporary labor service agency to comply with this Section. |
23 | | The failure by a third party client to provide any of the |
24 | | information required under this Section shall constitute a |
25 | | notice violation by the third party client under Section 95. |
26 | | For purposes of this Section, the day and temporary labor |
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1 | | service agency shall be considered a person aggrieved as |
2 | | described in Section 95.
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3 | | (820 ILCS 175/45)
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4 | | Sec. 45. Registration; Department of Labor. |
5 | | (a) A day and temporary
labor service
agency which is |
6 | | located, operates or transacts business within this State |
7 | | shall register with the Department of Labor in accordance with |
8 | | rules
adopted by the Department for day and temporary labor |
9 | | service
agencies and shall be subject to this Act and any rules |
10 | | adopted under this Act. Each day and temporary labor service |
11 | | agency shall provide proof of an employer account number |
12 | | issued by the Department of Employment Security for the |
13 | | payment of unemployment insurance contributions as required |
14 | | under the Unemployment Insurance Act, and proof of valid |
15 | | workers' compensation insurance in effect at the time of |
16 | | registration covering all of its employees. If, at any time, a |
17 | | day and temporary labor service agency's workers' compensation |
18 | | insurance coverage lapses, the agency shall have an |
19 | | affirmative duty to report the lapse of such coverage to the |
20 | | Department and the agency's registration shall be suspended |
21 | | until the agency's workers' compensation insurance is |
22 | | reinstated. The Department may assess each day and temporary |
23 | | labor service agency a non-refundable
registration fee
not |
24 | | exceeding $3,000 $1,000 per year per agency and a |
25 | | non-refundable fee not to exceed $750 $250 for each branch |
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1 | | office or other location where the agency regularly contracts |
2 | | with day or temporary laborers for services. The fee may be |
3 | | paid by check, money order, or the State Treasurer's E-Pay |
4 | | program or any successor program,
and the Department may not |
5 | | refuse to accept a check on the basis that it is
not a |
6 | | certified check or a cashier's check. The Department may |
7 | | charge an
additional fee to be paid by a day and temporary |
8 | | labor service agency if the agency, or any person on the
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9 | | agency's behalf, issues or delivers a check to the Department |
10 | | that is not
honored by the financial institution upon which it |
11 | | is drawn. The Department
shall also adopt rules
for violation
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12 | | hearings and penalties for violations of this Act or the |
13 | | Department's rules
in conjunction with the penalties set forth |
14 | | in this Act. |
15 | | (a-1) At the time of registration with the Department of |
16 | | Labor each year, the day and temporary labor service agency |
17 | | shall submit to the Department of Labor a report containing |
18 | | the information identified in paragraph (9) of subsection (a) |
19 | | of Section 12, broken down by branch office, in the aggregate |
20 | | for all day or temporary laborers assigned within Illinois and |
21 | | subject to this Act during the preceding year. This |
22 | | information shall be submitted on a form created by the |
23 | | Department of Labor. The Department of Labor shall aggregate |
24 | | the information submitted by all registering day and temporary |
25 | | labor service agencies by removing identifying data and shall |
26 | | have the information available to the public only on a |
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1 | | municipal and county basis. As used in this paragraph, |
2 | | "identifying data" means any and all information that: (i) |
3 | | provides specific information on individual worker identity; |
4 | | (ii) identifies the service agency in any manner; and (iii) |
5 | | identifies clients utilizing the day and temporary labor |
6 | | service agency or any other information that can be traced |
7 | | back to any specific registering day and temporary labor |
8 | | service agency or its client. The information and reports |
9 | | submitted to the Department of Labor under this subsection by |
10 | | the registering day and temporary labor service agencies are |
11 | | exempt from inspection and copying under Section 7.5 of the |
12 | | 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 |
14 | | service agency whose registration has been revoked or has |
15 | | been 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 |
21 | | a copy or summary of the provisions of the Act and
a notice |
22 | | which informs
the public of a toll-free telephone number for |
23 | | day or 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 |
26 | | any other language generally understood in the locale of the |
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1 | | day and temporary labor service agency.
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2 | | (Source: P.A. 100-517, eff. 6-1-18 .)
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3 | | (820 ILCS 175/50)
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4 | | Sec. 50. Violations. The Department shall have the |
5 | | authority
to deny, suspend, or
revoke the registration of a |
6 | | day and temporary labor service
agency if warranted by public
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7 | | health and safety concerns or violations of this Act. The |
8 | | Attorney General, pursuant to its authority under Section 6.3 |
9 | | of the Attorney General Act, may request that a circuit court |
10 | | suspend or revoke the registration of a day and temporary |
11 | | labor service agency when warranted by public health concern |
12 | | or violations of this Act. The Attorney General shall provide |
13 | | notice to the Director prior to requesting the suspension or |
14 | | revocation of the registration of a day and temporary labor |
15 | | service agency.
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16 | | (Source: P.A. 94-511, eff. 1-1-06.)
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17 | | (820 ILCS 175/55)
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18 | | Sec. 55. Enforcement by the Department . |
19 | | It shall be the duty of the Department to enforce
the
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20 | | provisions
of this Act. The Department shall have the power to |
21 | | conduct investigations in
connection with
the administration |
22 | | and enforcement of this Act and any investigator with the
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23 | | Department shall be
authorized to visit and inspect, at all |
24 | | reasonable times, any places covered by
this Act and shall be |
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1 | | authorized to inspect, at all reasonable times,
contracts for |
2 | | the employment of all day or temporary laborers entered into |
3 | | by
a third party client if the Department has received a
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4 | | complaint indicating that the third party client may have |
5 | | contracted with a
day and
temporary labor service agency that |
6 | | is not registered under this Act.
The
Department shall conduct |
7 | | hearings in accordance with the Illinois
Administrative |
8 | | Procedure Act
upon written complaint by an investigator of the |
9 | | Department or any
interested
person of a violation of the Act. |
10 | | After the hearing, if supported by the
evidence, the
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11 | | Department may (i) issue and cause to be served on any party an |
12 | | order to cease
and desist
from further violation of the Act, |
13 | | (ii) take affirmative or other action as
deemed reasonable
to |
14 | | eliminate the effect of the violation, (iii) deny, suspend, or |
15 | | revoke any
registration under
this Act, and (iv) determine the |
16 | | amount of any civil penalty allowed by the
Act. The Director of
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17 | | Labor or his or her representative may compel, by subpoena, |
18 | | the attendance and
testimony of
witnesses and the production |
19 | | of books, payrolls, records, papers, and other
evidence in any
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20 | | investigation or hearing and may administer oaths to |
21 | | witnesses. Nothing in
this Act applies to labor or employment |
22 | | of a clerical or professional nature.
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23 | | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
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24 | | (820 ILCS 175/67 new) |
25 | | Sec. 67. Action for civil penalties brought by an |
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1 | | interested party. |
2 | | (a) Upon a reasonable belief that a day and temporary |
3 | | labor service agency or a third party client covered by this |
4 | | Act is in violation of any part of this Act, an interested |
5 | | party may initiate a civil action in the county where the |
6 | | alleged offenses occurred or where any party to the action |
7 | | resides, asserting that a violation of the Act has occurred, |
8 | | pursuant to the following sequence of events: |
9 | | (1) The interested party submits to the Department of |
10 | | Labor a complaint describing the violation and naming the |
11 | | day or temporary labor service agency or third party |
12 | | client alleged to have violated this Act. |
13 | | (2) The Department sends notice of complaint to the |
14 | | named parties alleged to have violated this Act and the |
15 | | interested party. The named parties may either contest the |
16 | | alleged violation or cure the alleged violation. |
17 | | (3) The named parties contest or cure the alleged |
18 | | violation within 30 days after the receipt of the notice |
19 | | of complaint or, if the named party does not respond |
20 | | within 30 days, the Department issues a notice of right to |
21 | | sue to the interested party as described in paragraph (4). |
22 | | (4) The Department issues a notice of right to sue to |
23 | | the interested party, if one or more of the following has |
24 | | occurred: |
25 | | (i) the named party has cured the alleged |
26 | | violation to the satisfaction of the Director; |
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1 | | (ii) the Director has determined that the |
2 | | allegation is unjustified or that the Department does |
3 | | not have jurisdiction over the matter or the parties; |
4 | | or |
5 | | (iii) the Director has determined that the |
6 | | allegation is justified or has not made a |
7 | | determination, and either has decided not to exercise |
8 | | jurisdiction over the matter or has concluded |
9 | | administrative enforcement of the matter. |
10 | | (b) If within 180 days after service of the notice of |
11 | | complaint to the parties, the Department has not (i) resolved |
12 | | the contest and cure period, (ii) with the mutual agreement of |
13 | | the parties, extended the time for the named party to cure the |
14 | | violation and resolve the complaint, or (iii) issued a right |
15 | | to sue letter, the interested party may initiate a civil |
16 | | action for penalties. The parties may extend the 180-day |
17 | | period by mutual agreement. The limitations period for the |
18 | | interested party to bring an action for the alleged violation |
19 | | of the Act shall be tolled for the 180-day period and for the |
20 | | period of any mutually agreed extensions. At the end of the |
21 | | 180-day period, or any mutually agreed extensions, the |
22 | | Department shall issue a right to sue letter to the interested |
23 | | party. |
24 | | (c) Any claim or action filed under this Section must be |
25 | | made within 3 years of the alleged conduct resulting in the |
26 | | complaint plus any period for which the limitations period has |
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1 | | been tolled. |
2 | | (d) In an action brought pursuant to this Section, an |
3 | | interested party may recover against the covered entity any |
4 | | statutory penalties set forth in Section 70 and injunctive |
5 | | relief. An interested party who prevails in a civil action |
6 | | shall receive 10% of any statutory penalties assessed, plus |
7 | | any attorneys' fees and expenses in bringing the action. The |
8 | | remaining 90% of any statutory penalties assessed shall be |
9 | | deposited into the Child Labor and Day and Temporary Labor |
10 | | Services Enforcement Fund and shall be used exclusively for |
11 | | the purposes set forth in Section 17.3 of the Child Labor Law.
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12 | | (820 ILCS 175/70)
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13 | | Sec. 70. Penalties. |
14 | | (a) A day and temporary labor service agency or third |
15 | | party client that
violates any
of the provisions of this Act or |
16 | | any rule adopted under this Act shall be subject to a civil |
17 | | penalty of not less than $100 and
not more than $18,000 to |
18 | | exceed $6,000 for
violations found in the first audit by the
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19 | | Department or determined by a court in a civil action brought |
20 | | by an interested party, or determined by a court in a civil |
21 | | action brought by the Attorney General pursuant to its |
22 | | authority under Section 6.3 of the Attorney General Act . |
23 | | Following a first audit or civil action , a day and temporary |
24 | | labor service agency or third party client shall be subject to |
25 | | a civil penalty of not less than $250 and not more than $7,500 |
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1 | | to
exceed $2,500 for each repeat violation found
by the |
2 | | Department or circuit court within 3 years. For purposes of |
3 | | this subsection, each violation of this Act for each day or |
4 | | temporary laborer and for each day the violation continues |
5 | | shall constitute a separate and distinct violation.
In |
6 | | determining the amount of a penalty, the Director or circuit |
7 | | court shall
consider the appropriateness of the penalty to the
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8 | | day and temporary labor service agency or third party client |
9 | | charged, upon the determination of the
gravity of the |
10 | | violations. For any violation determined by the Department or |
11 | | circuit court to be willful which is within 3 years of an |
12 | | earlier violation, the Department may revoke the registration |
13 | | of the violator, if the violator is a day and temporary labor |
14 | | service agency. The
amount of the penalty, when finally |
15 | | determined, may be:
|
16 | | (1) Recovered in a civil action brought by the |
17 | | Director of Labor in any
circuit court. In this |
18 | | litigation, the Director of Labor shall be represented
by |
19 | | the Attorney General.
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20 | | (2) Ordered by the court, in an action brought by any |
21 | | party , including the Attorney General pursuant to its |
22 | | authority under Section 6.3 of the Attorney General Act, |
23 | | for a
violation under this Act,
to
be paid to the Director |
24 | | of Labor.
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25 | | (b) The Department shall adopt rules for violation |
26 | | hearings and penalties for violations of this Act or the |
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1 | | Department's rules in conjunction with the penalties set forth |
2 | | in this Act.
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3 | | Any administrative determination by the Department as to |
4 | | the amount of each
penalty shall be final unless reviewed as |
5 | | provided in Section 60 of this Act.
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6 | | (Source: P.A. 96-1185, eff. 7-22-10.)
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7 | | (820 ILCS 175/85)
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8 | | Sec. 85. Third party clients. |
9 | | (a) It is a violation of this Act for a third party client |
10 | | to enter into a contract for the employment of
day or temporary |
11 | | laborers with any day and temporary labor service agency
not |
12 | | registered under Section 45 of this Act.
A third party client |
13 | | has a duty to verify a day and temporary labor service agency's |
14 | | status with the Department before entering into a contract |
15 | | with such an agency, and on March 1 and September 1 of each |
16 | | year. A day and temporary labor service agency shall be |
17 | | required to provide each of its third party clients with proof |
18 | | of valid registration issued by the Department at the time of |
19 | | entering into a contract. A day and temporary labor service |
20 | | agency shall be required to notify, both by telephone and in |
21 | | writing, each day or temporary laborer it employs and each |
22 | | third party client with whom it has a contract within 24 hours |
23 | | of any denial, suspension, or revocation of its registration |
24 | | by the Department. All contracts between any day and temporary |
25 | | labor service agency and any third party client shall be |
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1 | | considered null and void from the date any such denial, |
2 | | suspension, or revocation of registration becomes effective |
3 | | and until such time as the day and temporary labor service |
4 | | agency becomes registered and considered in good standing by |
5 | | the Department as provided in Section 50 and Section 55. Upon |
6 | | request, the Department shall provide to a third party client |
7 | | a list
of entities registered as day and temporary labor |
8 | | service agencies. The
Department shall
provide on the Internet |
9 | | a list of entities registered as day and temporary
labor |
10 | | service agencies. A third party client may rely on information |
11 | | provided by the Department or maintained on the Department's |
12 | | website pursuant to Section 45 of this Act and shall be held |
13 | | harmless if such information maintained or provided by the |
14 | | Department was inaccurate. Any third party client that |
15 | | violates this provision of the Act is subject to a civil |
16 | | penalty of not less than $100 and not to exceed $1,500 $500 . |
17 | | Each day during which a third party client contracts with a day |
18 | | and temporary labor service agency not registered under |
19 | | Section 45 of this Act shall constitute a separate and |
20 | | distinct offense.
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21 | | (b) If a third party client leases or contracts with a day |
22 | | and temporary service agency for the services of a day or |
23 | | temporary laborer, the third party client shall share all |
24 | | legal responsibility and liability for the payment of wages |
25 | | under the Illinois Wage Payment and Collection Act and the |
26 | | Minimum Wage Law.
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1 | | (c) Before the assignment of an employee to a worksite |
2 | | employer, a day and temporary labor service agency must: |
3 | | (1) inquire about the client company's safety and |
4 | | health practices and hazards at the actual workplace where |
5 | | the day or temporary laborer will be working to assess the |
6 | | safety conditions, workers tasks, and the client company's |
7 | | safety program; these activities are required at the start |
8 | | of any contract to place day or temporary laborers and may |
9 | | include visiting the client company's actual worksite. If, |
10 | | during the inquiry or anytime during the period of the |
11 | | contract, the day and temporary labor service agency |
12 | | becomes aware of existing job hazards that are not |
13 | | mitigated by the client company, the day and temporary |
14 | | labor service agency must make the client company aware, |
15 | | urge the client company to correct it, and document these |
16 | | efforts, otherwise the day and temporary labor service |
17 | | agency must remove the day or temporary laborers from the |
18 | | client company's worksite; |
19 | | (2) provide training to the day or temporary laborer |
20 | | for general awareness safety training for recognized |
21 | | industry hazards the day or temporary laborer may |
22 | | encounter at the client company's worksite. Industry |
23 | | hazard training must be completed, in the preferred |
24 | | language of the day or temporary laborer, and must be |
25 | | provided at no expense to the day or temporary laborer. |
26 | | The training date and training content must be maintained |
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1 | | by the day and temporary staffing agency and provided to |
2 | | the day or temporary laborer; |
3 | | (3) transmit a general description of the training |
4 | | program including topics covered to the client company, |
5 | | whether electronically or on paper, at the start of the |
6 | | contract with the client company; |
7 | | (4) provide the Department's hotline number for the |
8 | | employee to call to report safety hazards and concerns as |
9 | | part of the employment materials provided to the day or |
10 | | temporary laborer; and |
11 | | (5) inform the day or temporary laborer who the day or |
12 | | temporary laborer should report safety concerns to at the |
13 | | workplace. |
14 | | Nothing in this Section shall diminish any existing client |
15 | | company or a day and temporary labor service agency's |
16 | | responsibility as an employer to provide a place of employment |
17 | | free from recognized hazards or to otherwise comply with other |
18 | | health and safety or employment laws. The client company and |
19 | | the day and temporary labor service agency are responsible for |
20 | | compliance with this Section and the rules adopted under this |
21 | | Section. |
22 | | (d) Before the day or temporary laborer engages in work |
23 | | for a client company, the client company must: |
24 | | (1) document and inform the day and temporary labor |
25 | | service agency about anticipated job hazards likely |
26 | | encountered by the day or temporary laborer; |
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1 | | (2) review the safety and health awareness training |
2 | | provided by the day and temporary labor service agency to |
3 | | determine if it addresses recognized hazards for the |
4 | | client company's industry; |
5 | | (3) provide specific training tailored to the |
6 | | particular hazards at the client company's worksite; and |
7 | | (4) document and maintain records of site-specific |
8 | | training and provide confirmation that the training |
9 | | occurred to the day and temporary labor service agency |
10 | | within 3 business days of providing the training. |
11 | | (e) If the client company changes the job tasks or work |
12 | | location and new hazards may be encountered, the client |
13 | | company must: |
14 | | (1) inform both the day and temporary labor service |
15 | | agency and the day or temporary laborer; and |
16 | | (2) inform both the day and temporary labor service |
17 | | agency staffing agency and the day or temporary laborer of |
18 | | job hazards not previously covered before the day or |
19 | | temporary laborer undertakes the new tasks and update |
20 | | personal protective equipment and training for the new job |
21 | | tasks, if necessary. |
22 | | (f) A day and temporary labor service agency or day or |
23 | | temporary laborer may refuse a new job task at the worksite |
24 | | when the task has not been reviewed or if the day or temporary |
25 | | laborer has not had appropriate training to do the new task. |
26 | | (g) A client company that supervises a day or temporary |
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1 | | laborer must provide worksite specific training to the day or |
2 | | temporary laborer and must allow a day and temporary labor |
3 | | service agency to visit any worksite where the day or |
4 | | temporary laborer works or will be working to observe and |
5 | | confirm the client company's training and information related |
6 | | to the worksite's job tasks, safety and health practices, and |
7 | | hazards. |
8 | | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
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9 | | Section 99. Effective date. This Act takes effect July 1, |
10 | | 2023.".
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