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Full Text of HB5543  102nd General Assembly

HB5543 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5543

 

Introduced 1/31/2022, by Rep. Edgar Gonzalez, Jr.

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1505/1505-225 new

    Amends the Department of Labor Law of the Civil Administrative Code of Illinois. Provides that the Department of Labor shall develop and administer a Day and Temporary Labor Service Agencies Seal of Approval Program to bring day and temporary labor service agencies into compliance with the provisions of the Day and Temporary Labor Services Act. Provides for a voluntary Code of Conduct for day and temporary labor service agencies. Provides that, as part of the Program, a day or temporary labor service agency shall submit itself to audits conducted at the Department's discretion. Provides for benefits and partnerships with other State agencies and community partners. Provides that the Department may adopt rules to implement the Program.


LRB102 23895 SPS 33093 b

 

 

A BILL FOR

 

HB5543LRB102 23895 SPS 33093 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Labor Law of the Civil
5Administrative Code of Illinois is amended by adding Section
61505-225 as follows:
 
7    (20 ILCS 1505/1505-225 new)
8    Sec. 1505-225. Day and Temporary Labor Service Agencies
9Seal of Approval Program.
10    (a) The Department shall develop and administer a Day and
11Temporary Labor Service Agencies Seal of Approval Program to
12bring day and temporary labor service agencies into compliance
13with the provisions of the Day and Temporary Labor Services
14Act. To apply for the Program, a day or temporary labor service
15agency shall comply with the following:
16        (1) provide their check history and check cashing
17    reports;
18        (2) submit to a voluntary audit of time and pay
19    records;
20        (3) participate in required training as determined by
21    the Department;
22        (4) agree to abide by the Code of Conduct described in
23    subsection (b); and

 

 

HB5543- 2 -LRB102 23895 SPS 33093 b

1        (5) rectify any underpayment of wages to employees,
2    judgments, and penalties awarded in private lawsuits
3    before receiving the certification.
4    (b) As part of the Program, the Department shall establish
5a Code of Conduct for day and temporary labor service
6agencies. The Code of Conduct shall require day and temporary
7labor service agencies to comply with the following:
8        (1) use the Department's standard code-compliant check
9    stubs, employment notices, and demographic reporting
10    forms;
11        (2) maintain demographic info of all laborers seeking
12    work assignments;
13        (3) provide 24-hour notice of work schedules; and
14        (4) provide employment notices that include a
15    complaint hotline number, sexual harassment policies, and
16    conversion fees charged to client companies.
17    (c) As part of the Program, a day or temporary labor
18service agency shall submit to audits conducted at the
19Department's discretion, including, but not limited to,
20staggered periodic audits of time and pay records if
21determined necessary by the Department.
22    (d) Day and temporary labor service agencies participating
23in the Program shall operate a hotline for the purpose of
24guiding workers through the Department's complaint and
25investigation process.
26    (e) Day or temporary labor service agencies participating

 

 

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1in the Program shall receive the following benefits from the
2Department:
3        (1) a waiver of penalties for violations found in the
4    initial voluntary audit during certification process;
5        (2) a reduced maximum penalty for violations found
6    after the first audit as determined by the Department; and
7        (3) a waiver of liquidated damages for wage
8    underpayments found by the Department.
9    The benefits provided for in this subsection do not apply
10to violations alleged in workers' private lawsuits.
11    (f) A day or temporary labor service agency may lose its
12seal of approval if one of the following occur:
13        (1) after a voluntary initial audit is performed, a
14    day or temporary labor service agency fails to come into
15    compliance with the Day and Temporary Labor Services Act
16    after 2 additional audits by the Department, unless a day
17    or temporary labor service agency can show it was acting
18    in good faith; or
19        (2) if no voluntary audit is performed, a day or
20    temporary labor service agency fails to come into
21    compliance with the Day and Temporary Labor Services Act
22    after 2 audits by the Department.
23    A day or temporary labor service agency that fails to
24comply with the requirements of the Program, including, but
25limited to failure to provide records, falsifying records, and
26willful violations will be immediately withdrawn from the

 

 

HB5543- 4 -LRB102 23895 SPS 33093 b

1Program.
2    Upon losing seal, the agency shall be subject to a fee of
3$2,500 per violation as well as any other fines and penalties
4for the violations.
5    (g) The Department shall work with other State agencies
6and community partners to confer the following benefits to day
7or temporary labor service agencies participating in the
8Program:
9        (1) priority access in the procurement of State,
10    county, and municipal contracts;
11        (2) priority access to contracts in union shops;
12        (3) priority placement by workforce development
13    providers;
14        (4) priority access to contracts from socially
15    responsible user companies;
16        (5) priority access to contracts in anchor-based
17    development projects;
18        (6) marketing Program participants to job seekers and
19    workers;
20        (7) discounted workers' compensation and unemployment
21    compensation rates; and
22        (8) access to federal Work Opportunity Tax Credit
23    funding to be awarded for temp worker transitions to
24    direct-hire positions.
25    (h) The Department shall establish community partnerships
26with interested stakeholders to train community organizations

 

 

HB5543- 5 -LRB102 23895 SPS 33093 b

1to check on the status of investigations prompted by hotline
2calls on a quarterly basis, including, but not limited to,
3training workers on using the hotline, assisting workers
4through the investigation process, and cross-training between
5Department investigators and community partners.
6    (i) The Inspector General shall audit the Program and
7periodically report to the Department on the effectiveness of
8the Program.
9    (j) The Department may adopt rules to implement this
10Section.