96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2108


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Harry Osterman
 
SYNOPSIS AS INTRODUCED:
 		








  



820 ILCS 175/40









    Amends the Day and Temporary Labor Services Act. Makes a technical change in a Section concerning work restriction. 
















LRB096 05657 WGH 15723 b

















 


 


A BILL FOR









 











HB2108

LRB096 05657 WGH 15723 b






1
    AN ACT concerning employment.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:

 
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    Section 5. The Day and Temporary Labor Services Act is 
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amended by changing Section 40 as follows:
 



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    (820 ILCS 175/40)



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    Sec. 40. Work Restriction. No day and
and temporary labor 
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service
agency shall
restrict the right of a day or temporary 
9
laborer to accept a
permanent position with a third
party 
10
client to whom the day or temporary laborer has been
referred 
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for
work or restrict the right of such third party client to 
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offer such
employment to a day or temporary laborer. A day and 
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temporary labor service agency may charge a placement fee to a 
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third party client for employing a day or temporary laborer for 
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whom a contract for work was effected by the day and temporary 
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labor service agency not to exceed the equivalent of the total 
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daily commission rate the day and temporary labor service 
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agency would have received over a 60-day period, reduced by the 
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equivalent of the daily commission rate the day and temporary 
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labor service agency would have received for each day the day 
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or temporary laborer has performed work for the day and 
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temporary labor service agency in the preceding 12 months. Days 
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worked at a day and temporary labor service agency in the 12 
 


 






HB2108
- 2 -
LRB096 05657 WGH 15723 b




1
months preceding the effective date of this amendatory Act of 
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the 94th General Assembly
shall be included for purposes of 
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calculating the maximum placement fee described in this 
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Section. However, placement of a day or temporary laborer who 
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is contracted by a day and temporary labor service agency to 
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provide skilled labor shall not be subject to any placement fee 
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cap. For purposes of this Section, a day or temporary laborer 
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who performs "skilled labor" shall apply only where the day and 
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temporary labor service agency performs an advanced 
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application process, a screening process, which may include 
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processes such as advanced testing, and a job interview. No fee 
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provided for under this Section may be assessed or collected by 
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the day and temporary labor service agency when the day or 
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temporary laborer is offered permanent work following the 
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suspension or revocation of the day and temporary labor service 
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agency's registration by the Department.
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(Source: P.A. 94-511, eff. 1-1-06.)