Full Text of HB1631 95th General Assembly
HB1631ham003 95TH GENERAL ASSEMBLY
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Rep. Shane Cultra
Filed: 4/25/2007
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| AMENDMENT TO HOUSE BILL 1631
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| AMENDMENT NO. ______. Amend House Bill 1631, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Day and Temporary Labor Services Act is | 6 |
| amended by changing Sections 5, 12, and 30 as follows:
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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 | 10 |
| contracts
for employment
with a day and temporary labor service | 11 |
| agency.
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| "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 |
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| 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.
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| "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
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| labor service agency and
the third party client.
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| "Department" means the Department of Labor.
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| "Third party client" means any person that contracts with a
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| day and temporary labor
service agency for obtaining day or | 18 |
| temporary laborers.
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| "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.
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| (Source: P.A. 94-511, eff. 1-1-06.)
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| (820 ILCS 175/12)
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| Sec. 12. Recordkeeping. |
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| (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; provided that failure to receive the | 17 |
| information from the third party client is no defense to | 18 |
| the recordkeeping requirement of this Section ; | 19 |
| (3) the name and title of the individual or individuals | 20 |
| at each third party client's place of business responsible | 21 |
| for the transaction; | 22 |
| (4) any specific qualifications or attributes of a day | 23 |
| or temporary laborer, requested by each third party client; | 24 |
| (5) copies of all contracts, if any, with the third | 25 |
| party client and copies of all invoices for the third party | 26 |
| client; |
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| (6) copies of all employment notices provided in | 2 |
| accordance with subsection (a) of Section 10; | 3 |
| (7) deductions to be made from each day or temporary | 4 |
| laborer's compensation made by either the third party | 5 |
| client or by the day and temporary labor service agency for | 6 |
| the day or temporary laborer's transportation, food, | 7 |
| equipment, withheld income tax, withheld social security | 8 |
| payments and every other deduction; | 9 |
| (8) verification of the actual cost of any equipment or | 10 |
| meal charged to a day or temporary laborer; | 11 |
| (9) the race and gender of each day or temporary | 12 |
| laborer sent by the day and temporary labor service agency, | 13 |
| as provided by the day or temporary laborer;
and | 14 |
| (10) any additional information required by rules | 15 |
| issued by the Department. | 16 |
| (b) The day and temporary labor service agency shall | 17 |
| maintain all records under this Section for a period of 3 years | 18 |
| from their creation. The records shall be open to inspection by | 19 |
| the Department during normal business hours. Records described | 20 |
| in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | 21 |
| (a) shall be available for review or copying by that day or | 22 |
| temporary laborer during normal business hours within 5 days | 23 |
| following a written request. In addition, a day and temporary | 24 |
| labor service agency shall make records related to the number | 25 |
| of hours billed to a third party client for that individual day | 26 |
| or temporary laborer's hours of work available for review or |
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| copying during normal business hours within 5 days following a | 2 |
| written request. The day and temporary labor service agency | 3 |
| shall make forms, in duplicate, for such requests available to | 4 |
| day or temporary laborers at the dispatch office. The day or | 5 |
| temporary laborer shall be given a copy of the request form. It | 6 |
| is a violation of this Section to make any false, inaccurate or | 7 |
| incomplete entry into any record required by this Section, or | 8 |
| to delete required information from any such record.
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| (Source: P.A. 94-511, eff. 1-1-06.)
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| (820 ILCS 175/30)
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| Sec. 30. Wage Payment and Notice.
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| (a) At the time of
payment of wages, a day and temporary
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| labor service agency
shall provide each day or temporary | 14 |
| laborer with a detailed
itemized
statement, on the day or | 15 |
| temporary laborer's paycheck stub or on a form approved by the | 16 |
| Department, listing the following: | 17 |
| (1) the name, address, and telephone number of each | 18 |
| third party client at which the day or temporary laborer | 19 |
| worked. If this information is provided on the day or | 20 |
| temporary laborer's paycheck stub, a code for each third | 21 |
| party client may be used so long as the required | 22 |
| information for each coded third party client is made | 23 |
| available to the day or temporary laborer; | 24 |
| (2) the number of hours worked by the day or temporary | 25 |
| laborer at each third party client each day during the pay |
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| period as reported to a day or temporary labor service | 2 |
| agency by each third party client ; however, if the third | 3 |
| party client's hours of work report that is given to the | 4 |
| day and temporary
labor service agency for a laborer | 5 |
| includes payroll information covering more than one day in | 6 |
| the work week, the day and temporary labor service agency | 7 |
| may show on the paycheck stub or other approved form the | 8 |
| combined number of hours worked for that client in the week | 9 |
| rather than the hours worked each day; | 10 |
| (3) the rate of payment for each hour worked, including | 11 |
| any premium rate or bonus; | 12 |
| (4) the total pay period earnings; | 13 |
| (5) all deductions made from the day or temporary | 14 |
| laborer's compensation made either by the third party | 15 |
| client or by the day and temporary labor service agency, | 16 |
| and the purpose for which deductions were made, including | 17 |
| for the day or temporary laborer's transportation, food, | 18 |
| equipment, withheld income tax, withheld social security | 19 |
| payments, and every other deduction; and | 20 |
| (6) any additional information required by rules | 21 |
| issued by the Department.
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| (a-1) For each day or temporary laborer who is contracted | 23 |
| to work a single day, the third party client shall, at the end | 24 |
| of the work day, provide such day or temporary laborer with a | 25 |
| Work Verification Form, approved by the Department, which shall | 26 |
| contain the date, the day or temporary laborer's name, the work |
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| 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.
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| (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.
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| (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 |
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| is not generally negotiable shall be prohibited as a method of | 2 |
| payment of wages. Day and temporary labor service agencies that
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| make daily wage
payments shall provide written notification to | 4 |
| all day or temporary
laborers of the right to
request weekly, | 5 |
| bi-weekly, or semi-monthly checks. The day and temporary
labor | 6 |
| service agency may
provide this notice by conspicuously posting | 7 |
| the notice at the location
where the wages are received by the | 8 |
| day or temporary laborers.
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| (d) No day and temporary labor service agency shall charge | 10 |
| any
day or temporary laborer for
cashing a check issued by the | 11 |
| agency for wages earned by a
day or temporary laborer who
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| performed work through that agency.
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| (e) Day or temporary laborers shall be paid no less than | 14 |
| the
wage rate stated in the
notice as provided in Section 10 of | 15 |
| this Act for all the work performed on
behalf of the third | 16 |
| party client in addition to the work listed in the
written | 17 |
| description.
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| (f) The total amount deducted for meals, equipment, and | 19 |
| transportation may not cause a day or temporary laborer's | 20 |
| hourly wage to fall below the State or federal minimum wage. | 21 |
| However, a day and temporary labor service agency may deduct | 22 |
| the actual market value of reusable equipment provided to the | 23 |
| day or temporary laborer by the day and temporary labor service | 24 |
| agency which the day or temporary laborer fails to return, if | 25 |
| the day or temporary laborer provides a written authorization | 26 |
| for such deduction at the time the deduction is made. |
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| (g) A day or temporary laborer who is contracted by a day | 2 |
| and temporary labor service agency to work at a third party | 3 |
| client's worksite but is not utilized by the third party client | 4 |
| shall be paid by the day and temporary labor service agency for | 5 |
| a minimum of 4 hours of pay at the agreed upon rate of pay. | 6 |
| However, in the event the day and temporary labor service | 7 |
| agency contracts the day or temporary laborer to work at | 8 |
| another location during the same shift, the day or temporary | 9 |
| laborer shall be paid by the day and temporary labor service | 10 |
| agency for a minimum of 2 hours of pay at the agreed upon rate | 11 |
| of pay.
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| (Source: P.A. 94-511, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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