Full Text of SB1792 94th General Assembly
SB1792sam002 94TH GENERAL ASSEMBLY
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Sen. Miguel del Valle
Filed: 3/15/2005
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| AMENDMENT TO SENATE BILL 1792
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| AMENDMENT NO. ______. Amend Senate Bill 1792 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by changing | 5 |
| Section 8h as follows: | 6 |
| (30 ILCS 105/8h)
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| 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
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| 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
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| 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.
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| 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.
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| 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.
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| 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.
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| (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 .
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
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| 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.)
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| Section 10. The Day and Temporary Labor Services Act is | 5 |
| amended by changing Sections 5, 10, 15, 20, 30, 35, 40, 45, 50, | 6 |
| 55, 70, 75, and 85 and adding Sections 2, 12, 90, 95, and 97 as | 7 |
| follows: | 8 |
| (820 ILCS 175/2 new)
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| 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.
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| (820 ILCS 175/5)
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| Sec. 5. Definitions. As used in this Act:
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| "Day or temporary laborer" means a natural person who | 3 |
| contracts
for employment
with a day and temporary labor service | 4 |
| agency.
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| "Day and temporary labor" means labor or employment that is
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| 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 employer
for work undertaken by
day | 11 |
| or temporary laborers pursuant to a contract between the
day | 12 |
| and temporary labor service agency
with the third party | 13 |
| employer.
"Day and temporary labor" does not include labor or | 14 |
| employment of
a professional or
clerical nature.
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| "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 employer pursuant to a contract with the day and | 19 |
| temporary
labor service and
the third party employer.
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| "Department" means the Department of Labor.
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| "Third party employer" means any person that contracts with | 22 |
| a
day and temporary labor
service agency for the employment of | 23 |
| day or temporary laborers.
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| "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.
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| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
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| (820 ILCS 175/10)
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| Sec. 10. Employment Notice
Statement .
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| (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 |
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| 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
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| 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
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| 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,
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| is provided, either by the
day and temporary labor service
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| agency or the third party employer, and the cost of the | 16 |
| meal and equipment, if any.
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| 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.
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| If the day or temporary laborer is not placed with a third | 23 |
| party employer or otherwise contracted to work for that day, | 24 |
| the 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.
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| (b) No day and temporary labor service agency may send any
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| day or temporary laborer to any place
where a strike, a | 33 |
| lockout, or other labor trouble exists.
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| (c) The
Department shall recommend to day and temporary |
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| 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
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| Spanish, Polish, or any other language that is generally | 5 |
| understood
used in the locale of
the day and temporary labor | 6 |
| service agency.
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| (Source: P.A. 92-783, eff. 1-1-03; 93-375, eff. 1-1-04.)
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| (820 ILCS 175/12 new)
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| 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 employer, 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 employer's place of business | 24 |
| responsible for the transaction; | 25 |
| (4) any specific qualifications or attributes of a day | 26 |
| or temporary laborer, requested by each third party | 27 |
| employer; | 28 |
| (5) copies of all contracts, if any, with the third | 29 |
| party employer and copies of all invoices for the third | 30 |
| party employer; | 31 |
| (6) copies of all employment notices provided in | 32 |
| accordance with subsection (a) of Section 10; | 33 |
| (7) deductions to be made from each day or temporary |
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| laborer's compensation made by either the third party | 2 |
| employer or by the day and temporary labor service agency | 3 |
| for the day or temporary laborer's transportation, food, | 4 |
| equipment, withheld income tax, withheld social security | 5 |
| payments and every other deduction; | 6 |
| (8) verification of the actual cost of any equipment or | 7 |
| meal charged to a day or temporary laborer; | 8 |
| (9) the race and gender of each day or temporary | 9 |
| laborer sent by the day and temporary labor service agency, | 10 |
| as provided by the day or temporary laborer;
and | 11 |
| (10) any additional information required by rules | 12 |
| issued by the Department. | 13 |
| (b) The day and temporary labor service agency shall | 14 |
| maintain all records under this Section for a period of 3 years | 15 |
| from their creation. The records shall be open to inspection by | 16 |
| the Department during normal business hours. Records described | 17 |
| in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | 18 |
| (a) shall be available for review or copying by that day or | 19 |
| temporary laborer during normal business hours within 5 days | 20 |
| following a written request. In addition, a day and temporary | 21 |
| labor service agency shall make records related to the number | 22 |
| of hours billed to a third party employer for that individual | 23 |
| day or temporary laborer's hours of work available for review | 24 |
| or copying during normal business hours within 5 days following | 25 |
| a written request. The day and temporary labor service agency | 26 |
| shall make forms, in duplicate, for such requests available to | 27 |
| day or temporary laborers at the dispatch office. The day or | 28 |
| temporary laborer shall be given a copy of the request form. It | 29 |
| is a violation of this Section to make any false, inaccurate or | 30 |
| incomplete entry into any record required by this Section, or | 31 |
| to delete required information from any such record.
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| (820 ILCS 175/15)
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| Sec. 15. Meals. A day and temporary labor service agency or |
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| a
third party
employer shall not charge a day or temporary | 2 |
| laborer for any meal not consumed by the day and temporary | 3 |
| laborer and, if consumed, no more than the
actual cost of a | 4 |
| meal.
In no case shall the purchase of a meal be a condition of | 5 |
| employment for a
day or temporary laborer.
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| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
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| (820 ILCS 175/20)
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| Sec. 20. Transportation. | 9 |
| (a) A day and temporary labor service
agency or a third
| 10 |
| party employer or a contractor or agent of either shall charge | 11 |
| no fee
more than the actual cost to transport a
day or | 12 |
| temporary
laborer to or from the designated work site . | 13 |
| (b) A day and temporary labor service agency is responsible | 14 |
| for the conduct and performance of any person who transports a | 15 |
| day or temporary laborer from the agency to a work site, unless | 16 |
| the transporter is: (1) a public mass transportation system as | 17 |
| defined in Section 2 of the Local Mass Transit District Act; | 18 |
| (2) a common carrier; (3) the day or temporary laborer | 19 |
| providing his or her own transportation; or (4) selected | 20 |
| exclusively by and at the sole choice of the day or temporary | 21 |
| laborer for transportation in a vehicle not owned or operated | 22 |
| by the day and temporary labor service agency. If any day and | 23 |
| temporary labor service agency provides transportation to a day | 24 |
| or temporary laborer or refers a day or temporary laborer as | 25 |
| provided in subsection (c), the day and temporary labor service | 26 |
| agency may not allow a motor vehicle to be used for the | 27 |
| transporting of day or temporary laborers if the agency knows | 28 |
| or should know that the motor vehicle used for the | 29 |
| transportation of day or temporary laborers is unsafe or not | 30 |
| equipped as required by this Act or by any rule adopted under | 31 |
| this Act, unless the vehicle is: (1) the property of a public | 32 |
| mass transportation system as defined in Section 2 of the Local | 33 |
| Mass Transit District Act; (2) the property of a common |
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| carrier; (3) the day or temporary laborer's personal vehicle; | 2 |
| or (4) a vehicle of a day or temporary laborer used to carpool | 3 |
| other day or temporary laborers and which is selected | 4 |
| exclusively by and at the sole choice of the day or temporary | 5 |
| laborer for transportation. | 6 |
| (c) A day and temporary labor service agency may not refer | 7 |
| a day or temporary laborer to any person for transportation to | 8 |
| a work site unless that person is (1) a public mass | 9 |
| transportation system as defined in Section 2 of the Local Mass | 10 |
| Transit District Act or (2) providing the transportation at no | 11 |
| fee. Directing the day or temporary laborer to accept a | 12 |
| specific car pool as a condition of work shall be considered a | 13 |
| referral by the day and temporary labor service agency. Any | 14 |
| mention or discussion of the cost of a car pool shall be | 15 |
| considered a referral by the agency. Informing a day or | 16 |
| temporary laborer of the availability of a car pool driven by | 17 |
| another day or temporary laborer shall not be considered a | 18 |
| referral by the agency. | 19 |
| (d)
; however, the total cost to each
day or temporary | 20 |
| laborer shall not exceed 3% of the
day or temporary laborer's | 21 |
| daily wages. Any
motor vehicle that is owned or operated by the | 22 |
| day
and temporary labor service agency or a
third party | 23 |
| employer, or a contractor or agent of either, or to which a day | 24 |
| and temporary labor service agency refers a day or temporary | 25 |
| laborer, which is used for the
transportation of day or | 26 |
| temporary laborers shall have proof of
financial | 27 |
| responsibility as
provided for in Chapter 8 of the Illinois | 28 |
| Vehicle Code or as required by Department rules. The driver of | 29 |
| the vehicle shall hold a valid license to operate motor | 30 |
| vehicles in the correct classification and shall be required to | 31 |
| produce the license immediately upon demand by the Department, | 32 |
| its inspectors or deputies, or any other person authorized to | 33 |
| enforce this Act. The Department shall forward a violation of | 34 |
| this subsection to the appropriate law enforcement authorities |
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| or regulatory agencies, whichever is applicable .
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| (e) No motor vehicle that is owned or operated by the day | 3 |
| and temporary labor service agency or a third party employer, | 4 |
| or a contractor or agent of either, or to which a day and | 5 |
| temporary labor service agency refers a day or temporary | 6 |
| laborer, which is used for the transportation of day or | 7 |
| temporary laborers may be operated if it is occupied by more | 8 |
| passengers than recommended by the manufacturer of the vehicle | 9 |
| if the vehicle is manufactured as a passenger vehicle. If the | 10 |
| vehicle is manufactured for use other than as a passenger | 11 |
| vehicle, then it may not accommodate more passengers than | 12 |
| provided for by the manufacturer in passenger vehicles of like | 13 |
| style or rating. The Department shall forward a violation of | 14 |
| this subsection to the appropriate law enforcement authorities | 15 |
| or regulatory agencies, whichever is applicable.
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| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
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| (820 ILCS 175/30)
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| Sec. 30. Wage Payment and Notice .
| 19 |
| (a) At the time of the
payment of wages, a day and | 20 |
| temporary
labor service agency
shall provide each day or | 21 |
| temporary laborer with a detailed
an
itemized
statement , on the | 22 |
| day or temporary laborer's paycheck stub or on a form approved | 23 |
| by the Department, listing the following: | 24 |
| (1) the name, address, and telephone number of each | 25 |
| third party employer at which the day or temporary laborer | 26 |
| worked. If this information is provided on the day or | 27 |
| temporary laborer's paycheck stub, a code for each third | 28 |
| party employer may be used so long as the required | 29 |
| information for each coded third party employer is made | 30 |
| available to the day or temporary laborer; | 31 |
| (2) the number of hours worked by the day or temporary | 32 |
| laborer at each third party employer each day during the | 33 |
| pay period; |
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| (3) the rate of payment for each hour worked, including | 2 |
| any premium rate or bonus; | 3 |
| (4) the total pay period earnings; | 4 |
| (5) all deductions made from the day or temporary | 5 |
| laborer's compensation made either by the third party | 6 |
| employer or by the day and temporary labor service agency, | 7 |
| and the purpose for which deductions were made, including | 8 |
| for the day or temporary laborer's transportation, food, | 9 |
| equipment, withheld income tax, withheld social security | 10 |
| payments, and every other deduction; and | 11 |
| (6) any additional information required by rules | 12 |
| issued by the Department
showing in detail
each deduction | 13 |
| made from the wages .
| 14 |
| (a-1) The day and temporary labor service agency shall make | 15 |
| available, at the location of dispatch or with the day or | 16 |
| temporary laborer's paycheck, a Weekly Work Verification Form, | 17 |
| approved by the Department, which shall contain, for each day | 18 |
| of the week, a space for the date of work, the day or temporary | 19 |
| laborer's name, the work location, the hours worked on that | 20 |
| day, and a space for a verification signature of the third | 21 |
| party employer. An authorized representative of the third party | 22 |
| employer shall be required to verify and sign such form for | 23 |
| each day of work by the day or temporary laborer, if presented | 24 |
| by the day or temporary laborer for signature. Any third party | 25 |
| employer who violates this subsection (a-1) shall be subject to | 26 |
| a civil penalty not to exceed $2,500 for each violation found | 27 |
| by the Department. For purposes of this subsection (a-1), each | 28 |
| violation of this subsection (a-1) for each day or temporary | 29 |
| laborer and for each day the violation continues shall | 30 |
| constitute a separate and distinct violation.
| 31 |
| (b) A day and temporary labor service agency shall provide | 32 |
| each
worker an annual
earnings summary within a reasonable time | 33 |
| after the preceding calendar
year, but in no case later than | 34 |
| February 1. A day and temporary
labor service agency shall,
at |
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| the time of each wage payment, give notice to day or temporary | 2 |
| laborers
of the
availability of the annual earnings summary or | 3 |
| post such a notice in a
conspicuous place in the public | 4 |
| reception area.
| 5 |
| (c) At the request of a day or temporary
laborer, a day and | 6 |
| temporary labor service agency shall
hold the daily wages of | 7 |
| the day or temporary laborer and make
either weekly , bi-weekly, | 8 |
| or semi-monthly
payments. The wages shall be paid in a single | 9 |
| check , or, at the day or temporary laborer's sole option, by | 10 |
| direct deposit or other manner approved by the Department, | 11 |
| representing
the wages earned during the period, either weekly , | 12 |
| bi-weekly, or semi-monthly,
designated by the day or temporary | 13 |
| laborer in accordance with the
Illinois Wage Payment
and | 14 |
| Collection Act. Vouchers or any other method of payment which | 15 |
| is not generally negotiable shall be prohibited as a method of | 16 |
| payment of wages. Day and temporary labor service agencies that
| 17 |
| make daily wage
payments shall provide written notification to | 18 |
| all day or temporary
laborers of the right to
request weekly , | 19 |
| bi-weekly, or semi-monthly checks. The day and temporary
labor | 20 |
| service agency may
provide this notice by conspicuously posting | 21 |
| the notice at the location
where the wages are received by the | 22 |
| day or temporary laborers.
| 23 |
| (d) No day and temporary labor service agency shall charge | 24 |
| any
day or temporary laborer for
cashing a check issued by the | 25 |
| agency for wages earned by a
day or temporary laborer who
| 26 |
| performed work through that agency.
| 27 |
| (e) Day or temporary laborers shall be paid no less than | 28 |
| the
wage rate stated in the
notice as provided in Section 10 of | 29 |
| this Act for all the work performed on
behalf of the third | 30 |
| party employer in addition to the work listed in the
written | 31 |
| description.
| 32 |
| (f) The total amount deducted for meals, equipment, and | 33 |
| transportation may not cause a day or temporary laborer's | 34 |
| hourly wage to fall below the State or federal minimum wage. |
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| However, a day and temporary labor service agency may deduct | 2 |
| the actual market value of reusable equipment provided to the | 3 |
| day or temporary laborer by the day and temporary labor service | 4 |
| agency which the day or temporary laborer fails to return, if | 5 |
| the day or temporary labor provides a written authorization for | 6 |
| such deduction at the time the deduction is made. | 7 |
| (g) A day or temporary laborer who is contracted by a day | 8 |
| and temporary labor service agency to work at a third party | 9 |
| employer's worksite but is not utilized by the third party | 10 |
| employer shall be paid for a minimum of 4 hours of pay at the | 11 |
| agreed upon rate of pay. However, in the event the day and | 12 |
| temporary labor service agency contracts the day or temporary | 13 |
| laborer to work at another location during the same shift, the | 14 |
| day or temporary laborer shall be paid for a minimum of 2 hours | 15 |
| of pay at the agreed upon rate of pay.
| 16 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 17 |
| (820 ILCS 175/35)
| 18 |
| Sec. 35. Public Access Area. Each day and temporary labor
| 19 |
| service agency shall
provide adequate seating in the public | 20 |
| access area of the offices of the
agency. The public access | 21 |
| area shall be the location for the employment
and wage notices | 22 |
| required by Section 45
10 of this Act and any other State or | 23 |
| federally mandated posting . The public access area
shall allow | 24 |
| for access to restrooms and water.
| 25 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 26 |
| (820 ILCS 175/40)
| 27 |
| Sec. 40. Work Restriction. No day and temporary labor | 28 |
| service
agency shall
restrict the right of a day or temporary | 29 |
| laborer to accept a
permanent position with a third
party | 30 |
| employer to whom the day or temporary laborer has been
referred | 31 |
| for
work or restrict the right of such third party employer to | 32 |
| 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 | 2 |
| third party employer for employing a day or temporary laborer | 3 |
| for whom a contract for work was effected by the day and | 4 |
| temporary labor service agency not to exceed the equivalent of | 5 |
| the total daily commission rate the day and temporary labor | 6 |
| service agency would have received over a 60-day period, | 7 |
| reduced by the equivalent of the daily commission rate the day | 8 |
| and temporary labor service agency would have received for each | 9 |
| day the day or temporary laborer has performed work for the day | 10 |
| and temporary labor service agency in the preceding 12 months. | 11 |
| Days worked at a day and temporary labor agency in the 12 | 12 |
| months preceding the effective date of this amendatory Act of | 13 |
| the 94th General Assembly
shall be included for purposes of | 14 |
| calculating the maximum placement fee described in this | 15 |
| Section. However, placement of a day or temporary laborer who | 16 |
| is contracted by a day and temporary labor service agency to | 17 |
| provide skilled labor shall not be subject to any placement fee | 18 |
| cap. For purposes of this Section, a day or temporary laborer | 19 |
| who performs "skilled labor" shall apply only where the day and | 20 |
| temporary labor service agency performs an advanced | 21 |
| application process, a screening process, which may include | 22 |
| processes such as advanced testing, and a job interview.
| 23 |
| Nothing
in this Section
shall restrict a day and temporary | 24 |
| labor service
agency
from receiving a placement fee
from the | 25 |
| third party employer for
employing a day or temporary laborer | 26 |
| for whom a contract for work
was
effected by the day and | 27 |
| temporary labor service agency.
| 28 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 29 |
| (820 ILCS 175/45)
| 30 |
| Sec. 45. Registration; Department of Labor. | 31 |
| (a) A day and temporary
labor service
agency which is | 32 |
| located, operates or transacts business within this State shall | 33 |
| register with the Department of Labor in accordance with rules
|
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| adopted by the Department for day and temporary labor service
| 2 |
| agencies and shall be subject to this Act and any rules adopted | 3 |
| under this Act
that operate
within the State . Each day and | 4 |
| temporary labor service agency shall provide proof of valid | 5 |
| workers' compensation insurance in effect at the time of | 6 |
| registration covering all of its employees. If, at any time, a | 7 |
| day and temporary labor service agency's workers' compensation | 8 |
| insurance coverage lapses, the agency shall have an affirmative | 9 |
| duty to report the lapse of such coverage to the Department and | 10 |
| the agency's registration shall be suspended until the agency's | 11 |
| workers' compensation insurance is reinstated. The Department | 12 |
| may assess each day and temporary labor service agency a | 13 |
| non-refundable
registration fee
not exceeding $1,000
$250 per | 14 |
| year per agency and a non-refundable fee not to exceed $250 for | 15 |
| each branch office or other location where the agency regularly | 16 |
| contracts with day or temporary laborers for services . The fee | 17 |
| may be paid by check or money order
and the Department may not | 18 |
| refuse to accept a check on the basis that it is
not a | 19 |
| certified check or a cashier's check. The Department may charge | 20 |
| an
additional fee to be paid by a day and temporary labor | 21 |
| service
an agency if the agency, or any person on the
agency's | 22 |
| behalf, issues or delivers a check to the Department that is | 23 |
| not
honored by the financial institution upon which it is | 24 |
| drawn. The Department
shall also adopt rules
for violation
| 25 |
| hearings and penalties for violations of this Act or the | 26 |
| Department's rules
in conjunction with the fines and penalties | 27 |
| set forth in this Act. | 28 |
| (b) It is a violation of this Act to operate a day and | 29 |
| temporary labor service agency without first registering with | 30 |
| the Department in accordance with subsection (a) of this | 31 |
| Section. The Department has the authority to assess a penalty | 32 |
| against any day and temporary labor service agency that fails | 33 |
| to register with the Department of Labor in accordance with | 34 |
| this Act or any rules adopted under this Act of $500 for each |
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| violation. Each day during which a day and temporary labor | 2 |
| service agency operates without registering with the | 3 |
| Department shall be a separate and distinct violation of this | 4 |
| Act. | 5 |
| (c) An applicant is not eligible to register to operate a | 6 |
| day and temporary labor service agency under this Act if the | 7 |
| applicant or any of its officers, directors, partners, or | 8 |
| managers or any owner of 25% or greater beneficial interest: | 9 |
| (1) has been involved, as owner, officer, director, | 10 |
| partner, or manager, of any day and temporary labor service | 11 |
| agency whose registration has been revoked or has been | 12 |
| suspended without being reinstated within the 5 years | 13 |
| immediately preceding the filing of the application; or | 14 |
| (2) is under the age of 18. | 15 |
| (d) Every agency shall post and keep posted at each | 16 |
| location, in a position easily accessible to all employees, | 17 |
| notices as supplied and required be the Department containing a | 18 |
| copy or summary of the provisions of the Act and
The Department | 19 |
| shall cause to be posted in each agency
a notice which informs
| 20 |
| the public of a toll-free telephone number for day or temporary | 21 |
| laborers
and the public to
file wage dispute complaints and | 22 |
| other alleged violations by
day and temporary labor service
| 23 |
| agencies. Such notices shall be in English or any other | 24 |
| language generally understood in the locale of the day and | 25 |
| temporary labor service agency.
| 26 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 27 |
| (820 ILCS 175/50)
| 28 |
| Sec. 50. Violations. The Department shall have the | 29 |
| authority
to deny, suspend , or
revoke the registration of a day | 30 |
| and temporary labor service
agency if warranted by public
| 31 |
| health and safety concerns or violations of this Act.
| 32 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
|
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| (820 ILCS 175/55)
| 2 |
| Sec. 55. Enforcement. It shall be the duty of the | 3 |
| Department to enforce
the
provisions
of this Act. The | 4 |
| Department shall have the power to conduct investigations in
| 5 |
| connection with
the administration and enforcement of this Act | 6 |
| and any investigator with the
Department shall be
authorized to | 7 |
| visit and inspect, at all reasonable times, any places covered | 8 |
| by
this Act and shall be authorized to inspect, at all | 9 |
| reasonable times,
contracts for the employment of all day or | 10 |
| temporary laborers entered into by
a third party employer if | 11 |
| the Department has received a
complaint indicating that the | 12 |
| third party employer may have contracted with a
day and
| 13 |
| temporary labor service agency that is not registered under | 14 |
| this Act.
The
Department shall conduct hearings in accordance | 15 |
| with the Illinois
Administrative Procedure Act
upon written | 16 |
| complaint by an investigator of the Department or any
| 17 |
| interested
person of a violation of the Act. After the hearing, | 18 |
| if supported by the
evidence, the
Department may (i) issue and | 19 |
| cause to be served on any party an order to cease
and desist
| 20 |
| from further violation of the Act, (ii) take affirmative or | 21 |
| other action as
deemed reasonable
to eliminate the effect of | 22 |
| the violation, (iii) deny, suspend, or revoke any
registration | 23 |
| under
this Act, and (iv) determine the amount of any civil | 24 |
| penalty allowed by the
Act. The Director of
Labor or his or her | 25 |
| representative may compel, by subpoena, the attendance and
| 26 |
| testimony of
witnesses and the production of books, payrolls, | 27 |
| records, papers, and other
evidence in any
investigation or | 28 |
| hearing and may administer oaths to witnesses ; however,
| 29 |
| proprietary lists of a day and temporary labor service
agency | 30 |
| are not subject to subpoena . Nothing in
this Act applies to | 31 |
| labor or employment of a clerical or professional nature.
| 32 |
| (Source: P.A. 92-783, eff. 1-1-03; 93-441, eff. 1-1-04.)
| 33 |
| (820 ILCS 175/70)
|
|
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| Sec. 70. Penalties. | 2 |
| (a) A day and temporary labor service agency that
violates | 3 |
| any
of the provisions of this Act or any rule adopted under | 4 |
| this Act
concerning registration, transportation,
equipment, | 5 |
| meals, wages, or waiting rooms shall be subject to a civil | 6 |
| penalty
not to exceed $6,000
$500 for
any violations found in | 7 |
| the first audit by the
Department . Following a first audit, a | 8 |
| day and temporary labor service agency shall be subject to a | 9 |
| civil penalty
and not to
exceed $2,500
$5,000 for each repeat | 10 |
| violation
any
violations found
in the second audit by the | 11 |
| Department within 3 years. For purposes of this subsection, | 12 |
| each violation of this Act for each day or temporary laborer | 13 |
| and for each day the violation continues shall constitute a | 14 |
| separate and distinct violation .
For any violations
that are | 15 |
| found in a third audit by the Department that are within 7 | 16 |
| years of
the earlier
violations, the
Department may revoke the | 17 |
| registration of the
violator. In determining the amount of a | 18 |
| penalty, the Director shall
consider the appropriateness of the | 19 |
| penalty to the
day and temporary labor service agency charged, | 20 |
| upon the determination of the
gravity of the violations. For | 21 |
| any violation determined by the Department to be willful which | 22 |
| is within 3 years of an earlier violation, the Department may | 23 |
| revoke the registration of the violator. The
amount of the | 24 |
| penalty, when finally determined, may be:
| 25 |
| (1) Recovered in a civil action brought by the Director | 26 |
| of Labor in any
circuit court. In this litigation, the | 27 |
| Director of Labor shall be represented
by the Attorney | 28 |
| General.
| 29 |
| (2) Ordered by the court, in an action brought by any | 30 |
| party for a
violation under this Act,
to
be paid to the | 31 |
| Director of Labor.
| 32 |
| (b) The Department shall adopt rules for violation hearings | 33 |
| and penalties for violations of this Act or the Department's | 34 |
| rules in conjunction with the penalties set forth in this Act.
|
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| Any administrative determination by the Department as to | 2 |
| the amount of each
penalty shall be final unless reviewed as | 3 |
| provided in Section 60 of this Act.
| 4 |
| (Source: P.A. 92-783, eff. 1-1-03.)
| 5 |
| (820 ILCS 175/75)
| 6 |
| Sec. 75. Willful violations. | 7 |
| (a) Whoever willfully violates any of the
provisions
of | 8 |
| this Act
or any rule adopted under this Act, or whoever | 9 |
| obstructs the Department of
Labor,
its inspectors
or deputies, | 10 |
| or any other person authorized to inspect places of employment
| 11 |
| under this Act shall
be liable for penalties up to double the | 12 |
| statutory amount.
| 13 |
| (b) Whoever willfully violates any of the provisions of | 14 |
| this Act or any rule adopted under this Act which results in an | 15 |
| underpayment to a day or temporary laborer shall be liable to | 16 |
| the Department for up to 20% of the employer's total | 17 |
| underpayment and shall also be liable to the employee for | 18 |
| punitive damages in the amount of 2% of the amount of any such | 19 |
| underpayments for each month following the date of payment | 20 |
| during which the underpayments remain unpaid. | 21 |
| (c) The Director may promulgate rules for the collection of | 22 |
| these penalties. The penalty shall be imposed in cases in which | 23 |
| an employer's conduct is proven by a preponderance of the | 24 |
| evidence to be willful. The penalty may be recovered in a civil | 25 |
| action brought by the Director of Labor in any circuit court. | 26 |
| In any such action, the Director of Labor shall be represented | 27 |
| by the Attorney General.
guilty of a Class A misdemeanor. Each | 28 |
| day during which a violation of this
Act continues
shall | 29 |
| constitute a separate and distinct offense, and the employment | 30 |
| of any
person in violation of
the Act shall, with respect to | 31 |
| each person so employed, constitute a separate
and distinct
| 32 |
| offense. Whenever, in the opinion of the Department, a | 33 |
| violation of the
Act has
occurred, the Department shall report |
|
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| the violation to the Attorney General of
this State
who shall | 2 |
| have authority to prosecute all
reported violations.
| 3 |
| (Source: P.A. 92-783, eff. 1-1-03.)
| 4 |
| (820 ILCS 175/85)
| 5 |
| Sec. 85. Third party employers. | 6 |
| (a) It is a violation of this Act for a third party | 7 |
| employer to enter into a contract
Third party employers are | 8 |
| prohibited from
entering into contracts for the employment of
| 9 |
| day or temporary laborers with any day and temporary labor | 10 |
| service agency
not registered under Section 45 of this Act.
A | 11 |
| third party employer has a duty to verify a day and temporary | 12 |
| labor service agency's status with the Department before | 13 |
| entering into a contract with such an agency. Upon request, the | 14 |
| Department shall provide to a third party employer a list
of | 15 |
| entities registered as day and temporary labor service | 16 |
| agencies. The
Department shall
provide on the Internet a list | 17 |
| of entities registered as day and temporary
labor service | 18 |
| agencies. Any third party employer that violates this provision | 19 |
| of the Act is subject to a civil penalty not to exceed $500. | 20 |
| Each day during which a third party employer contracts with a | 21 |
| day and temporary labor service agency not registered under | 22 |
| Section 45 of this Act shall constitute a separate and distinct | 23 |
| offense.
| 24 |
| (b) If a third party employer leases or contracts with a | 25 |
| day and temporary service agency for the services of day or | 26 |
| temporary laborer, the third party employer shall share all | 27 |
| legal responsibility and liability for the payment of wages | 28 |
| under the Illinois Wage Payment and Collection Act and the | 29 |
| Minimum Wage Law.
| 30 |
| (Source: P.A. 93-441, eff. 1-1-04.)
| 31 |
| (820 ILCS 175/90 new)
| 32 |
| Sec. 90. Retaliation. |
|
|
|
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| (a) Prohibition. It is a violation of this Act for a day | 2 |
| and temporary labor service agency or third party employer, or | 3 |
| any agent of a day and temporary labor service agency or third | 4 |
| party employer, to retaliate through discharge or in any other | 5 |
| manner against any day or temporary laborer for exercising any | 6 |
| rights granted under this Act. Such retaliation shall subject a | 7 |
| day and temporary labor service agency or third party employer, | 8 |
| or both, to civil penalties pursuant to this Act or a private | 9 |
| cause of action. | 10 |
| (b) Protected Acts from Retaliation. It is a violation of | 11 |
| this Act for a day and temporary labor service agency or third | 12 |
| party employer to retaliate against a day or temporary laborer | 13 |
| for: | 14 |
| (1) making a complaint to the day or temporary | 15 |
| laborer's employer, to a co-worker, to a community | 16 |
| organization, before a public hearing, or to a State or | 17 |
| federal agency that rights guaranteed under this Act have | 18 |
| been violated; | 19 |
| (2) causing to be instituted any proceeding under or | 20 |
| related to this Act; or | 21 |
| (3) testifying or preparing to testify in an | 22 |
| investigation or proceeding under this Act. | 23 |
| (820 ILCS 175/95 new)
| 24 |
| Sec. 95. Private Right of Action. | 25 |
| (a) A person aggrieved by a violation of this Act or any | 26 |
| rule adopted under this Act by a day and temporary labor | 27 |
| service agency or a third party employer may file suit in | 28 |
| circuit court of Illinois without regard to exhaustion of any | 29 |
| alternative administrative remedies provided in this Act. | 30 |
| Actions may be brought by one or more day or temporary laborers | 31 |
| for and on behalf of themselves and other day or temporary | 32 |
| laborers similarly situated. A day or temporary laborer whose | 33 |
| rights have been violated under this Act by a day and temporary |
|
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| labor service agency or a third party employer is entitled to | 2 |
| collect: | 3 |
| (1) in the case of a wage and hour violation, the | 4 |
| amount of any wages, salary, employment benefits, or other | 5 |
| compensation denied or lost to the day or temporary laborer | 6 |
| by reason of the violation, plus an equal amount in | 7 |
| liquidated damages; | 8 |
| (2) in the case of a health and safety or notice | 9 |
| violation, compensatory damages and an amount up to $500 | 10 |
| for the violation of each subpart of each Section; | 11 |
| (3) in the case of unlawful retaliation, all legal or | 12 |
| equitable relief as may be appropriate; and | 13 |
| (4) attorney's fees and costs. | 14 |
| (b) The right of an aggrieved person to bring an action | 15 |
| under this Section terminates upon the passing of 3 years from | 16 |
| the final date of employment by the employer. This limitations | 17 |
| period is tolled if a day labor employer has deterred a day or | 18 |
| temporary laborer's exercise of rights under this Act by | 19 |
| contacting or threatening to contact law enforcement agencies. | 20 |
| (820 ILCS 175/97 new)
| 21 |
| Sec. 97. Severability. Should one or more of the provisions | 22 |
| of this Act be held invalid, such invalidity shall not affect | 23 |
| any of the valid provisions hereof. ".
|
|