HB3471ham001 94TH GENERAL ASSEMBLY

Rep. Cynthia Soto

Filed: 4/5/2005

 

 


 

 


 
09400HB3471ham001 LRB094 09860 WGH 44303 a

1
AMENDMENT TO HOUSE BILL 3471

2     AMENDMENT NO. ______. Amend House Bill 3471 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The State Finance Act is amended by changing
5 Section 8h as follows:
 
6     (30 ILCS 105/8h)
7     Sec. 8h. Transfers to General Revenue Fund.
8     (a) Except as provided in subsection (b), notwithstanding
9 any other State law to the contrary, the Governor may, through
10 June 30, 2007, from time to time direct the State Treasurer and
11 Comptroller to transfer a specified sum from any fund held by
12 the State Treasurer to the General Revenue Fund in order to
13 help defray the State's operating costs for the fiscal year.
14 The total transfer under this Section from any fund in any
15 fiscal year shall not exceed the lesser of (i) 8% of the
16 revenues to be deposited into the fund during that fiscal year
17 or (ii) an amount that leaves a remaining fund balance of 25%
18 of the July 1 fund balance of that fiscal year. In fiscal year
19 2005 only, prior to calculating the July 1, 2004 final
20 balances, the Governor may calculate and direct the State
21 Treasurer with the Comptroller to transfer additional amounts
22 determined by applying the formula authorized in Public Act
23 93-839 to the funds balances on July 1, 2003. No transfer may
24 be made from a fund under this Section that would have the

 

 

09400HB3471ham001 - 2 - LRB094 09860 WGH 44303 a

1 effect of reducing the available balance in the fund to an
2 amount less than the amount remaining unexpended and unreserved
3 from the total appropriation from that fund estimated to be
4 expended for that fiscal year. This Section does not apply to
5 any funds that are restricted by federal law to a specific use,
6 to any funds in the Motor Fuel Tax Fund, the Hospital Provider
7 Fund, the Medicaid Provider Relief Fund, or the Reviewing Court
8 Alternative Dispute Resolution Fund, or to any funds to which
9 subsection (f) of Section 20-40 of the Nursing and Advanced
10 Practice Nursing Act applies. Notwithstanding any other
11 provision of this Section, for fiscal year 2004, the total
12 transfer under this Section from the Road Fund or the State
13 Construction Account Fund shall not exceed the lesser of (i) 5%
14 of the revenues to be deposited into the fund during that
15 fiscal year or (ii) 25% of the beginning balance in the fund.
16 For fiscal year 2005 through fiscal year 2007, no amounts may
17 be transferred under this Section from the Road Fund, the State
18 Construction Account Fund, the Criminal Justice Information
19 Systems Trust Fund, the Wireless Service Emergency Fund, or the
20 Mandatory Arbitration Fund.
21     In determining the available balance in a fund, the
22 Governor may include receipts, transfers into the fund, and
23 other resources anticipated to be available in the fund in that
24 fiscal year.
25     The State Treasurer and Comptroller shall transfer the
26 amounts designated under this Section as soon as may be
27 practicable after receiving the direction to transfer from the
28 Governor.
29     (b) This Section does not apply to: (i) any fund
30 established under the Community Senior Services and Resources
31 Act; or (ii) on or after the effective date of this amendatory
32 Act of the 94th General Assembly, the Child Labor and Day and
33 Temporary Labor Enforcement Fund.
34 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,

 

 

09400HB3471ham001 - 3 - LRB094 09860 WGH 44303 a

1 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
2 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
3 1-15-05.)
 
4     Section 10. The Day and Temporary Labor Services Act is
5 amended by changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45,
6 50, 55, 70, 75, and 85 and adding Sections 2, 12, 90, 95, and 97
7 as follows:
 
8     (820 ILCS 175/2 new)
9     Sec. 2. Legislative Findings. The General Assembly finds as
10 follows:
11     Over 300,000 workers work as day or temporary laborers in
12 Illinois.
13     Approximately 150 day labor and temporary labor service
14 agencies with nearly 600 branch offices are licensed throughout
15 Illinois. In addition, there is a large, though unknown, number
16 of unlicensed day labor and temporary labor service agencies
17 that operate outside the radar of law enforcement.
18     Recent studies and a survey of low-wage day or temporary
19 laborers themselves finds that as a group, they are
20 particularly vulnerable to abuse of their labor rights,
21 including unpaid wages, failure to pay for all hours worked,
22 minimum wage and overtime violations, and unlawful deduction
23 from pay for meals, transportation, equipment and other items.
24     Current law is inadequate to protect the labor and
25 employment rights of these workers.
26     At the same time, in Illinois and in other states,
27 democratically run nonprofit day labor centers, which charge no
28 fee for their services, have been established to provide an
29 alternative for day or temporary laborers to soliciting work on
30 street corners. These centers are not subject to this Act.
 
31     (820 ILCS 175/5)

 

 

09400HB3471ham001 - 4 - LRB094 09860 WGH 44303 a

1     Sec. 5. Definitions. As used in this Act:
2     "Day or temporary laborer" means a natural person who
3 contracts for employment with a day and temporary labor service
4 agency.
5     "Day and temporary labor" means labor or employment that is
6 occasional or irregular at which a person is employed for not
7 longer than the time period required to complete the assignment
8 for which the person was hired and where wage payments are made
9 directly or indirectly by the day and temporary labor service
10 agency or the third party client employer for work undertaken
11 by day or temporary laborers pursuant to a contract between the
12 day and temporary labor service agency with the third party
13 client employer. "Day and temporary labor" does not include
14 labor or employment of a professional or clerical nature.
15     "Day and temporary labor service agency" means any person
16 or entity engaged in the business of employing day or temporary
17 laborers to provide services, for a fee, to or for any third
18 party client employer pursuant to a contract with the day and
19 temporary labor service and the third party client employer.
20     "Department" means the Department of Labor.
21     "Third party client employer" means any person that
22 contracts with a day and temporary labor service agency for
23 obtaining the employment of day or temporary laborers.
24     "Person" means every natural person, firm, partnership,
25 co-partnership, limited liability company, corporation,
26 association, business trust, or other legal entity, or its
27 legal representatives, agents, or assigns.
28 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
29     (820 ILCS 175/10)
30     Sec. 10. Employment Notice Statement.
31     (a) Whenever a day and temporary labor service agency
32 agrees to send one or more persons to work as day or temporary
33 laborers, the day and temporary labor service agency shall

 

 

09400HB3471ham001 - 5 - LRB094 09860 WGH 44303 a

1 provide to each , upon request by a day or temporary laborer, at
2 the time of dispatch, provide to the day or temporary laborer a
3 statement containing the following items on a form approved by
4 the Department:
5         (1) the name of the day or temporary laborer;
6         (2) the name "Name and nature of the work to be
7     performed; ",
8         (3) the "wages offered;
9         (4) the name and address of the destination of each day
10     or temporary laborer; ", "destination of the person
11     employed",
12         (5) terms "terms of transportation; ", and
13         (6) whether whether a meal or and equipment, or both,
14     is provided, either by the day and temporary labor service
15     agency or the third party client employer, and the cost of
16     the meal and equipment, if any.
17     If a day or temporary laborer is assigned to the same
18 assignment for more than one day, the day and temporary labor
19 service agency is required to provide the employment notice
20 only on the first day of the assignment and on any day that any
21 of the terms listed on the employment notice are changed.
22     If the day or temporary laborer is not placed with a third
23 party client or otherwise contracted to work for that day, the
24 day and temporary labor service agency shall, upon request,
25 provide the day and temporary laborer with a confirmation that
26 the day or temporary laborer sought work, signed by an employee
27 of the day and temporary labor service agency, which shall
28 include the name of the agency, the name and address of the day
29 or temporary laborer, and the date and the time that the day or
30 temporary laborer receives the confirmation.
31     (b) No day and temporary labor service agency may send any
32 day or temporary laborer to any place where a strike, a
33 lockout, or other labor trouble exists.
34     (c) The Department shall recommend to day and temporary

 

 

09400HB3471ham001 - 6 - LRB094 09860 WGH 44303 a

1 labor service agencies that those agencies employ personnel who
2 can effectively communicate information required in
3 subsections (a) and (b) to day or temporary laborers in
4 Spanish, Polish, or any other language that is generally
5 understood used in the locale of the day and temporary labor
6 service agency.
7 (Source: P.A. 92-783, eff. 1-1-03; 93-375, eff. 1-1-04.)
 
8     (820 ILCS 175/12 new)
9     Sec. 12. Recordkeeping.
10     (a) Whenever a day and temporary labor service agency sends
11 one or more persons to work as day or temporary laborers, the
12 day and temporary labor service agency shall keep the following
13 records relating to that transaction:
14         (1) the name, address and telephone number of each
15     third party client, including each worksite, to which day
16     or temporary laborers were sent by the agency and the date
17     of the transaction;
18         (2) for each day or temporary laborer: the name and
19     address, the specific location sent to work, the type of
20     work performed, the number of hours worked, the hourly rate
21     of pay and the date sent;
22         (3) the name and title of the individual or individuals
23     at each third party client's place of business responsible
24     for the transaction;
25         (4) any specific qualifications or attributes of a day
26     or temporary laborer, requested by each third party client;
27         (5) copies of all contracts, if any, with the third
28     party client and copies of all invoices for the third party
29     client;
30         (6) copies of all employment notices provided in
31     accordance with subsection (a) of Section 10;
32         (7) deductions to be made from each day or temporary
33     laborer's compensation made by either the third party

 

 

09400HB3471ham001 - 7 - LRB094 09860 WGH 44303 a

1     client or by the day and temporary labor service agency for
2     the day or temporary laborer's transportation, food,
3     equipment, withheld income tax, withheld social security
4     payments and every other deduction;
5         (8) verification of the actual cost of any equipment or
6     meal charged to a day or temporary laborer;
7         (9) the race and gender of each day or temporary
8     laborer sent by the day and temporary labor service agency,
9     as provided by the day or temporary laborer; and
10         (10) any additional information required by rules
11     issued by the Department.
12     (b) The day and temporary labor service agency shall
13 maintain all records under this Section for a period of 3 years
14 from their creation. The records shall be open to inspection by
15 the Department during normal business hours. Records described
16 in paragraphs (1), (2), (3), (6), (7), and (8) of subsection
17 (a) shall be available for review or copying by that day or
18 temporary laborer during normal business hours within 5 days
19 following a written request. In addition, a day and temporary
20 labor service agency shall make records related to the number
21 of hours billed to a third party client for that individual day
22 or temporary laborer's hours of work available for review or
23 copying during normal business hours within 5 days following a
24 written request. The day and temporary labor service agency
25 shall make forms, in duplicate, for such requests available to
26 day or temporary laborers at the dispatch office. The day or
27 temporary laborer shall be given a copy of the request form. It
28 is a violation of this Section to make any false, inaccurate or
29 incomplete entry into any record required by this Section, or
30 to delete required information from any such record.
 
31     (820 ILCS 175/15)
32     Sec. 15. Meals. A day and temporary labor service agency or
33 a third party client employer shall not charge a day or

 

 

09400HB3471ham001 - 8 - LRB094 09860 WGH 44303 a

1 temporary laborer for any meal not consumed by the day and
2 temporary laborer and, if consumed, no more than the actual
3 cost of a meal. In no case shall the purchase of a meal be a
4 condition of employment for a day or temporary laborer.
5 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
6     (820 ILCS 175/20)
7     Sec. 20. Transportation.
8     (a) A day and temporary labor service agency or a third
9 party client or a contractor or agent of either employer shall
10 charge no fee more than the actual cost to transport a day or
11 temporary laborer to or from the designated work site.
12     (b) A day and temporary labor service agency is responsible
13 for the conduct and performance of any person who transports a
14 day or temporary laborer from the agency to a work site, unless
15 the transporter is: (1) a public mass transportation system as
16 defined in Section 2 of the Local Mass Transit District Act;
17 (2) a common carrier; (3) the day or temporary laborer
18 providing his or her own transportation; or (4) selected
19 exclusively by and at the sole choice of the day or temporary
20 laborer for transportation in a vehicle not owned or operated
21 by the day and temporary labor service agency. If any day and
22 temporary labor service agency provides transportation to a day
23 or temporary laborer or refers a day or temporary laborer as
24 provided in subsection (c), the day and temporary labor service
25 agency may not allow a motor vehicle to be used for the
26 transporting of day or temporary laborers if the agency knows
27 or should know that the motor vehicle used for the
28 transportation of day or temporary laborers is unsafe or not
29 equipped as required by this Act or by any rule adopted under
30 this Act, unless the vehicle is: (1) the property of a public
31 mass transportation system as defined in Section 2 of the Local
32 Mass Transit District Act; (2) the property of a common
33 carrier; (3) the day or temporary laborer's personal vehicle;

 

 

09400HB3471ham001 - 9 - LRB094 09860 WGH 44303 a

1 or (4) a vehicle of a day or temporary laborer used to carpool
2 other day or temporary laborers and which is selected
3 exclusively by and at the sole choice of the day or temporary
4 laborer for transportation.
5     (c) A day and temporary labor service agency may not refer
6 a day or temporary laborer to any person for transportation to
7 a work site unless that person is (1) a public mass
8 transportation system as defined in Section 2 of the Local Mass
9 Transit District Act or (2) providing the transportation at no
10 fee. Directing the day or temporary laborer to accept a
11 specific car pool as a condition of work shall be considered a
12 referral by the day and temporary labor service agency. Any
13 mention or discussion of the cost of a car pool shall be
14 considered a referral by the agency. Informing a day or
15 temporary laborer of the availability of a car pool driven by
16 another day or temporary laborer shall not be considered a
17 referral by the agency.
18     (d) ; however, the total cost to each day or temporary
19 laborer shall not exceed 3% of the day or temporary laborer's
20 daily wages. Any motor vehicle that is owned or operated by the
21 day and temporary labor service agency or a third party client
22 employer, or a contractor or agent of either, or to which a day
23 and temporary labor service agency refers a day or temporary
24 laborer, which is used for the transportation of day or
25 temporary laborers shall have proof of financial
26 responsibility as provided for in Chapter 8 of the Illinois
27 Vehicle Code or as required by Department rules. The driver of
28 the vehicle shall hold a valid license to operate motor
29 vehicles in the correct classification and shall be required to
30 produce the license immediately upon demand by the Department,
31 its inspectors or deputies, or any other person authorized to
32 enforce this Act. The Department shall forward a violation of
33 this subsection to the appropriate law enforcement authorities
34 or regulatory agencies, whichever is applicable.

 

 

09400HB3471ham001 - 10 - LRB094 09860 WGH 44303 a

1     (e) No motor vehicle that is owned or operated by the day
2 and temporary labor service agency or a third party client, or
3 a contractor or agent of either, or to which a day and
4 temporary labor service agency refers a day or temporary
5 laborer, which is used for the transportation of day or
6 temporary laborers may be operated if it is occupied by more
7 passengers than recommended by the manufacturer of the vehicle
8 if the vehicle is manufactured as a passenger vehicle. If the
9 vehicle is manufactured for use other than as a passenger
10 vehicle, then it may not accommodate more passengers than
11 provided for by the manufacturer in passenger vehicles of like
12 style or rating. The Department shall forward a violation of
13 this subsection to the appropriate law enforcement authorities
14 or regulatory agencies, whichever is applicable.
15 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
16     (820 ILCS 175/25)
17     Sec. 25. Day or temporary laborer equipment. For any safety
18 equipment, clothing, accessories, or any other items required
19 by the nature of the work, either by law, custom, or as a
20 requirement of the third party client employer, the day and
21 temporary labor service agency or the third party client
22 employer may charge the day or temporary laborer the market
23 value of the item temporarily provided to the day or temporary
24 laborer by the third party client employer if the day or
25 temporary laborer fails to return such items to the third party
26 client employer or the day and temporary labor service agency.
27 For any other equipment, clothing, accessories, or any other
28 items the day and temporary labor service agency makes
29 available for purchase, the day or temporary laborer shall not
30 be charged more than the actual market value for the item.
31 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
32     (820 ILCS 175/30)

 

 

09400HB3471ham001 - 11 - LRB094 09860 WGH 44303 a

1     Sec. 30. Wage Payment and Notice.
2     (a) At the time of the payment of wages, a day and
3 temporary labor service agency shall provide each day or
4 temporary laborer with a detailed an itemized statement, on the
5 day or temporary laborer's paycheck stub or on a form approved
6 by the Department, listing the following:
7         (1) the name, address, and telephone number of each
8     third party client at which the day or temporary laborer
9     worked. If this information is provided on the day or
10     temporary laborer's paycheck stub, a code for each third
11     party client may be used so long as the required
12     information for each coded third party client is made
13     available to the day or temporary laborer;
14         (2) the number of hours worked by the day or temporary
15     laborer at each third party client each day during the pay
16     period;
17         (3) the rate of payment for each hour worked, including
18     any premium rate or bonus;
19         (4) the total pay period earnings;
20         (5) all deductions made from the day or temporary
21     laborer's compensation made either by the third party
22     client or by the day and temporary labor service agency,
23     and the purpose for which deductions were made, including
24     for the day or temporary laborer's transportation, food,
25     equipment, withheld income tax, withheld social security
26     payments, and every other deduction; and
27         (6) any additional information required by rules
28     issued by the Department showing in detail each deduction
29     made from the wages.
30     (a-1) For each day or temporary laborer who is contracted
31 to work a single day, the third party client shall, at the end
32 of the work day, provide such day or temporary laborer with a
33 Work Verification Form, approved by the Department, which shall
34 contain the date, the day or temporary laborer's name, the work

 

 

09400HB3471ham001 - 12 - LRB094 09860 WGH 44303 a

1 location, and the hours worked on that day. Any third party
2 client who violates this subsection (a-1) may be subject to a
3 civil penalty not to exceed $500 for each violation found by
4 the Department. Such civil penalty may increase to $2,500 for a
5 second or subsequent violation. For purposes of this subsection
6 (a-1), each violation of this subsection (a-1) for each day or
7 temporary laborer and for each day the violation continues
8 shall constitute a separate and distinct violation.
9     (b) A day and temporary labor service agency shall provide
10 each worker an annual earnings summary within a reasonable time
11 after the preceding calendar year, but in no case later than
12 February 1. A day and temporary labor service agency shall, at
13 the time of each wage payment, give notice to day or temporary
14 laborers of the availability of the annual earnings summary or
15 post such a notice in a conspicuous place in the public
16 reception area.
17     (c) At the request of a day or temporary laborer, a day and
18 temporary labor service agency shall hold the daily wages of
19 the day or temporary laborer and make either weekly, bi-weekly,
20 or semi-monthly payments. The wages shall be paid in a single
21 check, or, at the day or temporary laborer's sole option, by
22 direct deposit or other manner approved by the Department,
23 representing the wages earned during the period, either weekly,
24 bi-weekly, or semi-monthly, designated by the day or temporary
25 laborer in accordance with the Illinois Wage Payment and
26 Collection Act. Vouchers or any other method of payment which
27 is not generally negotiable shall be prohibited as a method of
28 payment of wages. Day and temporary labor service agencies that
29 make daily wage payments shall provide written notification to
30 all day or temporary laborers of the right to request weekly,
31 bi-weekly, or semi-monthly checks. The day and temporary labor
32 service agency may provide this notice by conspicuously posting
33 the notice at the location where the wages are received by the
34 day or temporary laborers.

 

 

09400HB3471ham001 - 13 - LRB094 09860 WGH 44303 a

1     (d) No day and temporary labor service agency shall charge
2 any day or temporary laborer for cashing a check issued by the
3 agency for wages earned by a day or temporary laborer who
4 performed work through that agency.
5     (e) Day or temporary laborers shall be paid no less than
6 the wage rate stated in the notice as provided in Section 10 of
7 this Act for all the work performed on behalf of the third
8 party client employer in addition to the work listed in the
9 written description.
10     (f) The total amount deducted for meals, equipment, and
11 transportation may not cause a day or temporary laborer's
12 hourly wage to fall below the State or federal minimum wage.
13 However, a day and temporary labor service agency may deduct
14 the actual market value of reusable equipment provided to the
15 day or temporary laborer by the day and temporary labor service
16 agency which the day or temporary laborer fails to return, if
17 the day or temporary laborer provides a written authorization
18 for such deduction at the time the deduction is made.
19     (g) A day or temporary laborer who is contracted by a day
20 and temporary labor service agency to work at a third party
21 client's worksite but is not utilized by the third party client
22 shall be paid by the day and temporary labor service agency for
23 a minimum of 4 hours of pay at the agreed upon rate of pay.
24 However, in the event the day and temporary labor service
25 agency contracts the day or temporary laborer to work at
26 another location during the same shift, the day or temporary
27 laborer shall be paid by the day and temporary labor service
28 agency for a minimum of 2 hours of pay at the agreed upon rate
29 of pay.
30 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
31     (820 ILCS 175/35)
32     Sec. 35. Public Access Area. Each day and temporary labor
33 service agency shall provide adequate seating in the public

 

 

09400HB3471ham001 - 14 - LRB094 09860 WGH 44303 a

1 access area of the offices of the agency. The public access
2 area shall be the location for the employment and wage notices
3 required by Section 45 10 of this Act and any other State or
4 federally mandated posting. The public access area shall allow
5 for access to restrooms and water.
6 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
7     (820 ILCS 175/40)
8     Sec. 40. Work Restriction. No day and temporary labor
9 service agency shall restrict the right of a day or temporary
10 laborer to accept a permanent position with a third party
11 client employer to whom the day or temporary laborer has been
12 referred for work or restrict the right of such third party
13 client employer to offer such employment to a day or temporary
14 laborer. A day and temporary labor service agency may charge a
15 placement fee to a third party client for employing a day or
16 temporary laborer for whom a contract for work was effected by
17 the day and temporary labor service agency not to exceed the
18 equivalent of the total daily commission rate the day and
19 temporary labor service agency would have received over a
20 60-day period, reduced by the equivalent of the daily
21 commission rate the day and temporary labor service agency
22 would have received for each day the day or temporary laborer
23 has performed work for the day and temporary labor service
24 agency in the preceding 12 months. Days worked at a day and
25 temporary labor service agency in the 12 months preceding the
26 effective date of this amendatory Act of the 94th General
27 Assembly shall be included for purposes of calculating the
28 maximum placement fee described in this Section. However,
29 placement of a day or temporary laborer who is contracted by a
30 day and temporary labor service agency to provide skilled labor
31 shall not be subject to any placement fee cap. For purposes of
32 this Section, a day or temporary laborer who performs "skilled
33 labor" shall apply only where the day and temporary labor

 

 

09400HB3471ham001 - 15 - LRB094 09860 WGH 44303 a

1 service agency performs an advanced application process, a
2 screening process, which may include processes such as advanced
3 testing, and a job interview. No fee provided for under this
4 Section may be assessed or collected by the day and temporary
5 labor service agency when the day or temporary laborer is
6 offered permanent work following the suspension or revocation
7 of the day and temporary labor service agency's registration by
8 the Department. Nothing in this Section shall restrict a day
9 and temporary labor service agency from receiving a placement
10 fee from the third party employer for employing a day or
11 temporary laborer for whom a contract for work was effected by
12 the day and temporary labor service agency.
13 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
14     (820 ILCS 175/45)
15     Sec. 45. Registration; Department of Labor.
16     (a) A day and temporary labor service agency which is
17 located, operates or transacts business within this State shall
18 register with the Department of Labor in accordance with rules
19 adopted by the Department for day and temporary labor service
20 agencies and shall be subject to this Act and any rules adopted
21 under this Act that operate within the State. Each day and
22 temporary labor service agency shall provide proof of an
23 employer account number issued by the Department of Employment
24 Security for the payment of unemployment insurance
25 contributions as required under the Unemployment Insurance
26 Act, and proof of valid workers' compensation insurance in
27 effect at the time of registration covering all of its
28 employees. If, at any time, a day and temporary labor service
29 agency's workers' compensation insurance coverage lapses, the
30 agency shall have an affirmative duty to report the lapse of
31 such coverage to the Department and the agency's registration
32 shall be suspended until the agency's workers' compensation
33 insurance is reinstated. The Department may assess each day and

 

 

09400HB3471ham001 - 16 - LRB094 09860 WGH 44303 a

1 temporary labor service agency a non-refundable registration
2 fee not exceeding $1,000 $250 per year per agency and a
3 non-refundable fee not to exceed $250 for each branch office or
4 other location where the agency regularly contracts with day or
5 temporary laborers for services. The fee may be paid by check
6 or money order and the Department may not refuse to accept a
7 check on the basis that it is not a certified check or a
8 cashier's check. The Department may charge an additional fee to
9 be paid by a day and temporary labor service an agency if the
10 agency, or any person on the agency's behalf, issues or
11 delivers a check to the Department that is not honored by the
12 financial institution upon which it is drawn. The Department
13 shall also adopt rules for violation hearings and penalties for
14 violations of this Act or the Department's rules in conjunction
15 with the fines and penalties set forth in this Act.
16     (b) It is a violation of this Act to operate a day and
17 temporary labor service agency without first registering with
18 the Department in accordance with subsection (a) of this
19 Section. The Department shall create and maintain at regular
20 intervals on its website, accessible to the public: (1) a list
21 of all registered day and temporary labor service agencies in
22 the State whose registration is in good standing; (2) a list of
23 day and temporary labor service agencies in the State whose
24 registration has been suspended, including the reason for the
25 suspension, the date the suspension was initiated, and the
26 date, if known, the suspension is to be lifted; and (3) a list
27 of day and temporary labor service agencies in the State whose
28 registration has been revoked, including the reason for the
29 revocation and the date the registration was revoked. The
30 Department has the authority to assess a penalty against any
31 day and temporary labor service agency that fails to register
32 with the Department of Labor in accordance with this Act or any
33 rules adopted under this Act of $500 for each violation. Each
34 day during which a day and temporary labor service agency

 

 

09400HB3471ham001 - 17 - LRB094 09860 WGH 44303 a

1 operates without registering with the Department shall be a
2 separate and distinct violation of this Act.
3     (c) An applicant is not eligible to register to operate a
4 day and temporary labor service agency under this Act if the
5 applicant or any of its officers, directors, partners, or
6 managers or any owner of 25% or greater beneficial interest:
7         (1) has been involved, as owner, officer, director,
8     partner, or manager, of any day and temporary labor service
9     agency whose registration has been revoked or has been
10     suspended without being reinstated within the 5 years
11     immediately preceding the filing of the application; or
12         (2) is under the age of 18.
13     (d) Every agency shall post and keep posted at each
14 location, in a position easily accessible to all employees,
15 notices as supplied and required be the Department containing a
16 copy or summary of the provisions of the Act and The Department
17 shall cause to be posted in each agency a notice which informs
18 the public of a toll-free telephone number for day or temporary
19 laborers and the public to file wage dispute complaints and
20 other alleged violations by day and temporary labor service
21 agencies. Such notices shall be in English or any other
22 language generally understood in the locale of the day and
23 temporary labor service agency.
24 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
25     (820 ILCS 175/50)
26     Sec. 50. Violations. The Department shall have the
27 authority to deny, suspend, or revoke the registration of a day
28 and temporary labor service agency if warranted by public
29 health and safety concerns or violations of this Act.
30 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
31     (820 ILCS 175/55)
32     Sec. 55. Enforcement. It shall be the duty of the

 

 

09400HB3471ham001 - 18 - LRB094 09860 WGH 44303 a

1 Department to enforce the provisions of this Act. The
2 Department shall have the power to conduct investigations in
3 connection with the administration and enforcement of this Act
4 and any investigator with the Department shall be authorized to
5 visit and inspect, at all reasonable times, any places covered
6 by this Act and shall be authorized to inspect, at all
7 reasonable times, contracts for the employment of all day or
8 temporary laborers entered into by a third party client
9 employer if the Department has received a complaint indicating
10 that the third party client employer may have contracted with a
11 day and temporary labor service agency that is not registered
12 under this Act. The Department shall conduct hearings in
13 accordance with the Illinois Administrative Procedure Act upon
14 written complaint by an investigator of the Department or any
15 interested person of a violation of the Act. After the hearing,
16 if supported by the evidence, the Department may (i) issue and
17 cause to be served on any party an order to cease and desist
18 from further violation of the Act, (ii) take affirmative or
19 other action as deemed reasonable to eliminate the effect of
20 the violation, (iii) deny, suspend, or revoke any registration
21 under this Act, and (iv) determine the amount of any civil
22 penalty allowed by the Act. The Director of Labor or his or her
23 representative may compel, by subpoena, the attendance and
24 testimony of witnesses and the production of books, payrolls,
25 records, papers, and other evidence in any investigation or
26 hearing and may administer oaths to witnesses; however,
27 proprietary lists of a day and temporary labor service agency
28 are not subject to subpoena. Nothing in this Act applies to
29 labor or employment of a clerical or professional nature.
30 (Source: P.A. 92-783, eff. 1-1-03; 93-441, eff. 1-1-04.)
 
31     (820 ILCS 175/70)
32     Sec. 70. Penalties.
33     (a) A day and temporary labor service agency that violates

 

 

09400HB3471ham001 - 19 - LRB094 09860 WGH 44303 a

1 any of the provisions of this Act or any rule adopted under
2 this Act concerning registration, transportation, equipment,
3 meals, wages, or waiting rooms shall be subject to a civil
4 penalty not to exceed $6,000 $500 for any violations found in
5 the first audit by the Department. Following a first audit, a
6 day and temporary labor service agency shall be subject to a
7 civil penalty and not to exceed $2,500 $5,000 for each repeat
8 violation any violations found in the second audit by the
9 Department within 3 years. For purposes of this subsection,
10 each violation of this Act for each day or temporary laborer
11 and for each day the violation continues shall constitute a
12 separate and distinct violation. For any violations that are
13 found in a third audit by the Department that are within 7
14 years of the earlier violations, the Department may revoke the
15 registration of the violator. In determining the amount of a
16 penalty, the Director shall consider the appropriateness of the
17 penalty to the day and temporary labor service agency charged,
18 upon the determination of the gravity of the violations. For
19 any violation determined by the Department to be willful which
20 is within 3 years of an earlier violation, the Department may
21 revoke the registration of the violator. The amount of the
22 penalty, when finally determined, may be:
23         (1) Recovered in a civil action brought by the Director
24     of Labor in any circuit court. In this litigation, the
25     Director of Labor shall be represented by the Attorney
26     General.
27         (2) Ordered by the court, in an action brought by any
28     party for a violation under this Act, to be paid to the
29     Director of Labor.
30     (b) The Department shall adopt rules for violation hearings
31 and penalties for violations of this Act or the Department's
32 rules in conjunction with the penalties set forth in this Act.
33     Any administrative determination by the Department as to
34 the amount of each penalty shall be final unless reviewed as

 

 

09400HB3471ham001 - 20 - LRB094 09860 WGH 44303 a

1 provided in Section 60 of this Act.
2 (Source: P.A. 92-783, eff. 1-1-03.)
 
3     (820 ILCS 175/75)
4     Sec. 75. Willful violations.
5     (a) Whoever willfully violates any of the provisions of
6 this Act or any rule adopted under this Act, or whoever
7 obstructs the Department of Labor, its inspectors or deputies,
8 or any other person authorized to inspect places of employment
9 under this Act shall be liable for penalties up to double the
10 statutory amount.
11     (b) Whoever willfully violates any of the provisions of
12 this Act or any rule adopted under this Act which results in an
13 underpayment to a day or temporary laborer shall be liable to
14 the Department for up to 20% of the day and temporary labor
15 service agency's or the third party client's total underpayment
16 and shall also be liable to the employee for punitive damages
17 in the amount of 2% of the amount of any such underpayments for
18 each month following the date of payment during which the
19 underpayments remain unpaid.
20     (c) The Director may promulgate rules for the collection of
21 these penalties. The penalty shall be imposed in cases in which
22 a day and temporary labor service agency's or a third party
23 client's conduct is proven by a preponderance of the evidence
24 to be willful. The penalty may be recovered in a civil action
25 brought by the Director of Labor in any circuit court. In any
26 such action, the Director of Labor shall be represented by the
27 Attorney General. guilty of a Class A misdemeanor. Each day
28 during which a violation of this Act continues shall constitute
29 a separate and distinct offense, and the employment of any
30 person in violation of the Act shall, with respect to each
31 person so employed, constitute a separate and distinct offense.
32 Whenever, in the opinion of the Department, a violation of the
33 Act has occurred, the Department shall report the violation to

 

 

09400HB3471ham001 - 21 - LRB094 09860 WGH 44303 a

1 the Attorney General of this State who shall have authority to
2 prosecute all reported violations.
3 (Source: P.A. 92-783, eff. 1-1-03.)
 
4     (820 ILCS 175/85)
5     Sec. 85. Third party clients employers.
6     (a) It is a violation of this Act for a third party client
7 to enter into a contract Third party employers are prohibited
8 from entering into contracts for the employment of day or
9 temporary laborers with any day and temporary labor service
10 agency not registered under Section 45 of this Act. A third
11 party client has a duty to verify a day and temporary labor
12 service agency's status with the Department before entering
13 into a contract with such an agency, and on March 1 and
14 September 1 of each year. A day and temporary labor service
15 agency shall be required to provide each of its third party
16 clients with proof of valid registration issued by the
17 Department at the time of entering into a contract. A day and
18 temporary labor service agency shall be required to notify,
19 both by telephone and in writing, each day or temporary laborer
20 it employs and each third party client with whom it has a
21 contract within 24 hours of any denial, suspension, or
22 revocation of its registration by the Department. All contracts
23 between any day and temporary labor service agency and any
24 third party client shall be considered null and void from the
25 date any such denial, suspension, or revocation of registration
26 becomes effective and until such time as the day and temporary
27 labor service agency becomes registered and considered in good
28 standing by the Department as provided in Section 50 and
29 Section 55. Upon request, the Department shall provide to a
30 third party client employer a list of entities registered as
31 day and temporary labor service agencies. The Department shall
32 provide on the Internet a list of entities registered as day
33 and temporary labor service agencies. A third party client may

 

 

09400HB3471ham001 - 22 - LRB094 09860 WGH 44303 a

1 rely on information provided by the Department or maintained on
2 the Department's website pursuant to Section 45 of this Act and
3 shall be held harmless if such information maintained or
4 provided by the Department was inaccurate. Any third party
5 client that violates this provision of the Act is subject to a
6 civil penalty not to exceed $500. Each day during which a third
7 party client contracts with a day and temporary labor service
8 agency not registered under Section 45 of this Act shall
9 constitute a separate and distinct offense.
10     (b) If a third party client leases or contracts with a day
11 and temporary service agency for the services of a day or
12 temporary laborer, the third party client shall share all legal
13 responsibility and liability for the payment of wages under the
14 Illinois Wage Payment and Collection Act and the Minimum Wage
15 Law.
16 (Source: P.A. 93-441, eff. 1-1-04.)
 
17     (820 ILCS 175/90 new)
18     Sec. 90. Retaliation.
19     (a) Prohibition. It is a violation of this Act for a day
20 and temporary labor service agency or third party client, or
21 any agent of a day and temporary labor service agency or third
22 party client, to retaliate through discharge or in any other
23 manner against any day or temporary laborer for exercising any
24 rights granted under this Act. Such retaliation shall subject a
25 day and temporary labor service agency or third party client,
26 or both, to civil penalties pursuant to this Act or a private
27 cause of action.
28     (b) Protected Acts from Retaliation. It is a violation of
29 this Act for a day and temporary labor service agency or third
30 party client to retaliate against a day or temporary laborer
31 for:
32         (1) making a complaint to a day and temporary labor
33     service agency, to a third party client, to a co-worker, to

 

 

09400HB3471ham001 - 23 - LRB094 09860 WGH 44303 a

1     a community organization, before a public hearing, or to a
2     State or federal agency that rights guaranteed under this
3     Act have been violated;
4         (2) causing to be instituted any proceeding under or
5     related to this Act; or
6         (3) testifying or preparing to testify in an
7     investigation or proceeding under this Act.
 
8     (820 ILCS 175/95 new)
9     Sec. 95. Private Right of Action.
10     (a) A person aggrieved by a violation of this Act or any
11 rule adopted under this Act by a day and temporary labor
12 service agency or a third party client may file suit in circuit
13 court of Illinois, in the county where the alleged offense
14 occurred or where any day or temporary laborer who is party to
15 the action resides, without regard to exhaustion of any
16 alternative administrative remedies provided in this Act.
17 Actions may be brought by one or more day or temporary laborers
18 for and on behalf of themselves and other day or temporary
19 laborers similarly situated. A day or temporary laborer whose
20 rights have been violated under this Act by a day and temporary
21 labor service agency or a third party client is entitled to
22 collect:
23         (1) in the case of a wage and hour violation, the
24     amount of any wages, salary, employment benefits, or other
25     compensation denied or lost to the day or temporary laborer
26     by reason of the violation, plus an equal amount in
27     liquidated damages;
28         (2) in the case of a health and safety or notice
29     violation, compensatory damages and an amount up to $500
30     for the violation of each subpart of each Section;
31         (3) in the case of unlawful retaliation, all legal or
32     equitable relief as may be appropriate; and
33         (4) attorney's fees and costs.

 

 

09400HB3471ham001 - 24 - LRB094 09860 WGH 44303 a

1     (b) The right of an aggrieved person to bring an action
2 under this Section terminates upon the passing of 3 years from
3 the final date of employment by the day and temporary labor
4 agency or the third party client. This limitations period is
5 tolled if a day labor employer has deterred a day or temporary
6 laborer's exercise of rights under this Act by contacting or
7 threatening to contact law enforcement agencies.
 
8     (820 ILCS 175/97 new)
9     Sec. 97. Severability. Should one or more of the provisions
10 of this Act be held invalid, such invalidity shall not affect
11 any of the valid provisions hereof.".