Full Text of HB1631 95th General Assembly
HB1631ham002 95TH GENERAL ASSEMBLY
|
Rep. Shane Cultra
Filed: 4/17/2007
|
|
09500HB1631ham002 |
|
LRB095 11284 WGH 34994 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1631
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1631, AS AMENDED, by | 3 |
| replacing the introductory clause of Section 5 with the | 4 |
| following:
| 5 |
| "Section 5. The Day and Temporary Labor Services Act is | 6 |
| amended by changing Sections 5, 12, and 30 as follows:
| 7 |
| (820 ILCS 175/5)
| 8 |
| Sec. 5. Definitions. As used in this Act:
| 9 |
| "Day or temporary laborer" means a natural person who | 10 |
| contracts
for employment
with a day and temporary labor service | 11 |
| agency.
| 12 |
| "Day and temporary labor" means work performed by a day or | 13 |
| temporary laborer at a third party client, the duration of | 14 |
| which may be specific or undefined, pursuant to a contract | 15 |
| between a day and temporary labor service agency and a third | 16 |
| party client
labor or employment that is
occasional
or |
|
|
|
09500HB1631ham002 |
- 2 - |
LRB095 11284 WGH 34994 a |
|
| 1 |
| irregular at which a person is employed for not longer than the | 2 |
| time
period required to complete the assignment for which the | 3 |
| person
was hired and where wage payments are made directly or | 4 |
| indirectly by the
day and temporary labor service agency or the | 5 |
| third party client
for work undertaken by
day or temporary | 6 |
| laborers pursuant to a contract between the
day and temporary | 7 |
| labor service agency
with the third party client .
"Day and | 8 |
| temporary labor" does not include labor or employment of
a | 9 |
| professional or
clerical nature.
| 10 |
| "Day and temporary labor service agency" means any person | 11 |
| or
entity engaged in
the business of employing day or temporary | 12 |
| laborers to provide
services, for a fee, to or for any
third | 13 |
| party client pursuant to a contract with the day and temporary
| 14 |
| labor service agency and
the third party client.
| 15 |
| "Department" means the Department of Labor.
| 16 |
| "Third party client" means any person that contracts with a
| 17 |
| day and temporary labor
service agency for obtaining day or | 18 |
| temporary laborers.
| 19 |
| "Person" means every natural person, firm, partnership, | 20 |
| co-partnership, limited liability company, corporation, | 21 |
| association, business trust, or other legal entity, or its | 22 |
| legal representatives, agents, or assigns.
| 23 |
| (Source: P.A. 94-511, eff. 1-1-06.)
| 24 |
| (820 ILCS 175/12)
| 25 |
| Sec. 12. Recordkeeping. |
|
|
|
09500HB1631ham002 |
- 3 - |
LRB095 11284 WGH 34994 a |
|
| 1 |
| (a) Whenever a day and temporary labor service agency sends | 2 |
| one or more persons to work as day or temporary laborers, the | 3 |
| day and temporary labor service agency shall keep the following | 4 |
| records relating to that transaction: | 5 |
| (1) the name, address and telephone number of each | 6 |
| third party client, including each worksite, to which day | 7 |
| or temporary laborers were sent by the agency and the date | 8 |
| of the transaction; | 9 |
| (2) for each day or temporary laborer: the name and | 10 |
| address, the specific location sent to work, the type of | 11 |
| work performed, the number of hours worked on a daily | 12 |
| basis , the hourly rate of pay and the date sent . The third | 13 |
| party client shall remit this information to the day and | 14 |
| temporary labor service agency no later than 7 days | 15 |
| following the last day worked in that work week by the day | 16 |
| or temporary laborer ; | 17 |
| (3) the name and title of the individual or individuals | 18 |
| at each third party client's place of business responsible | 19 |
| for the transaction; | 20 |
| (4) any specific qualifications or attributes of a day | 21 |
| or temporary laborer, requested by each third party client; | 22 |
| (5) copies of all contracts, if any, with the third | 23 |
| party client and copies of all invoices for the third party | 24 |
| client; | 25 |
| (6) copies of all employment notices provided in | 26 |
| accordance with subsection (a) of Section 10; |
|
|
|
09500HB1631ham002 |
- 4 - |
LRB095 11284 WGH 34994 a |
|
| 1 |
| (7) deductions to be made from each day or temporary | 2 |
| laborer's compensation made by either the third party | 3 |
| client or by the day and temporary labor service agency for | 4 |
| the day or temporary laborer's transportation, food, | 5 |
| equipment, withheld income tax, withheld social security | 6 |
| payments and every other deduction; | 7 |
| (8) verification of the actual cost of any equipment or | 8 |
| meal charged to a day or temporary laborer; | 9 |
| (9) the race and gender of each day or temporary | 10 |
| laborer sent by the day and temporary labor service agency, | 11 |
| as provided by the day or temporary laborer;
and | 12 |
| (10) any additional information required by rules | 13 |
| issued by the Department. | 14 |
| (b) The day and temporary labor service agency shall | 15 |
| maintain all records under this Section for a period of 3 years | 16 |
| from their creation. The records shall be open to inspection by | 17 |
| the Department during normal business hours. Records described | 18 |
| in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | 19 |
| (a) shall be available for review or copying by that day or | 20 |
| temporary laborer during normal business hours within 5 days | 21 |
| following a written request. In addition, a day and temporary | 22 |
| labor service agency shall make records related to the number | 23 |
| of hours billed to a third party client for that individual day | 24 |
| or temporary laborer's hours of work available for review or | 25 |
| copying during normal business hours within 5 days following a | 26 |
| written request. The day and temporary labor service agency |
|
|
|
09500HB1631ham002 |
- 5 - |
LRB095 11284 WGH 34994 a |
|
| 1 |
| shall make forms, in duplicate, for such requests available to | 2 |
| day or temporary laborers at the dispatch office. The day or | 3 |
| temporary laborer shall be given a copy of the request form. It | 4 |
| is a violation of this Section to make any false, inaccurate or | 5 |
| incomplete entry into any record required by this Section, or | 6 |
| to delete required information from any such record.
| 7 |
| (Source: P.A. 94-511, eff. 1-1-06.)"; and
| 8 |
| in subdivision (2) of subsection (a) of Sec. 30 of Section 5, | 9 |
| by inserting after "pay period" the following: | 10 |
| " as reported to a day or temporary labor service agency by each | 11 |
| third party client "; and | 12 |
| by inserting at the end of the bill the following: | 13 |
| "Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
|
|