Full Text of HB1604 103rd General Assembly
HB1604ham002 103RD GENERAL ASSEMBLY | Rep. Edgar Gonzalez, Jr. Filed: 3/22/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1604
| 2 | | AMENDMENT NO. ______. Amend House Bill 1604 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Day and Temporary Labor Services Act is | 5 | | amended by changing Sections 2, 5, 10, 12, 30, 40, 45, 50, 55, | 6 | | 70, 85, 90, and 95 and by adding Sections 11, 42, 67, and 87 as | 7 | | follows: | 8 | | (820 ILCS 175/2)
| 9 | | Sec. 2. Legislative Findings.
The General Assembly finds | 10 | | as follows: | 11 | | Since the passage of this Act, the number of Over 300,000 | 12 | | workers who work as day or temporary laborers in Illinois has | 13 | | risen from approximately 300,000 to more than 650,000 | 14 | | according to data collected by the Department of Labor . | 15 | | Since the passage of this Act, the number of Approximately | 16 | | 150 day labor and temporary labor service agencies registered |
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| 1 | | in Illinois has risen from approximately 150 with 600 branch | 2 | | offices to over 300 with over 800 branch offices with nearly | 3 | | 600 branch offices are licensed throughout Illinois . In | 4 | | addition, there still exists is a significant large , though | 5 | | unknown, number of unregistered unlicensed day labor and | 6 | | temporary labor service agencies that operate outside the | 7 | | radar of law enforcement. | 8 | | Recent studies and a survey of low-wage day or temporary | 9 | | laborers themselves have consistently found finds that as a | 10 | | group, they are particularly vulnerable to abuse of their | 11 | | labor rights, including unpaid wages, failure to pay for all | 12 | | hours worked, minimum wage and overtime violations, and | 13 | | unlawful deduction from pay for meals, transportation, | 14 | | equipment and other items. Recent studies and surveys of the | 15 | | day and temporary staffing industry have also found that day | 16 | | or temporary laborers are more than twice as likely to live in | 17 | | poverty, that more than one in 3 depend on public assistance to | 18 | | survive, that such workers are commonly part of a 2-tier pay | 19 | | structure, and that such workers have an occupational injury | 20 | | rate 2 to 3 times higher than directly hired employees. | 21 | | As a result of the imbalance of negotiating power between | 22 | | a day or temporary laborer and a day and temporary service | 23 | | agency and its client companies due to laborers' precarious | 24 | | and contingent employment relationship, many day or temporary | 25 | | laborers are subjected to abusive contracts that they are | 26 | | required to sign under duress and from which they need to be |
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| 1 | | protected. | 2 | | It is in the interest of the State of Illinois to ensure | 3 | | compliance with this Act, and it is in the interest of Illinois | 4 | | taxpayers to mitigate the cost of enforcement of this Act by | 5 | | assessing civil penalties against day and temporary service | 6 | | agencies and their client companies that have been found to | 7 | | have violated this Act. Illinois employers who comply with | 8 | | this and other Illinois wage and hour laws are also at a | 9 | | competitive disadvantage with employers who do not comply with | 10 | | such laws, and it is in the interest of the State of Illinois, | 11 | | law-abiding Illinois employers, and Illinois taxpayers to | 12 | | disgorge law-breaking employers of any ill-gotten gains as a | 13 | | result of unlawful practices and to ensure payroll taxes are | 14 | | paid on any such unpaid wages. Therefore, the public good | 15 | | justifies the establishment of the mechanism set forth in this | 16 | | Act for the Department, the Attorney General, aggrieved | 17 | | employees, or interested parties to disgorge from an Illinois | 18 | | employer who does not comply with this or other Illinois laws | 19 | | referenced herein the amount of such unpaid wages and other | 20 | | remedies, as well as unpaid payroll taxes. | 21 | | Current law is inadequate to protect the labor and | 22 | | employment rights of these workers. | 23 | | At the same time, in Illinois and in other states, | 24 | | democratically run nonprofit day labor centers, which charge | 25 | | no fee for their services, have been established to provide an | 26 | | alternative for day or temporary laborers to solicit work on |
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| 1 | | street corners. These centers are not subject to this Act.
| 2 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 3 | | (820 ILCS 175/5)
| 4 | | Sec. 5. Definitions. As used in this Act:
| 5 | | "Applicant" means a natural person who seeks a work | 6 | | assignment at a day and temporary labor service agency. | 7 | | "Day or temporary laborer" means a natural person who | 8 | | contracts
for employment
with a day and temporary labor | 9 | | service agency.
| 10 | | "Day and temporary labor" means work performed by a day or | 11 | | temporary laborer at a third party client, the duration of | 12 | | which may be specific or undefined, pursuant to a contract or | 13 | | understanding between the day and temporary labor service | 14 | | agency and the third party client.
"Day and temporary labor" | 15 | | does not include labor or employment of
a professional or
| 16 | | clerical nature.
| 17 | | "Day and temporary labor service agency" means any person | 18 | | or
entity engaged in
the business of employing day or | 19 | | temporary laborers to provide
services, for a fee, to or for | 20 | | any
third party client pursuant to a contract with the day and | 21 | | temporary
labor service agency and
the third party client.
| 22 | | "Department" means the Department of Labor.
| 23 | | "Family member" means an employee's child, spouse, or | 24 | | party to a civil union or legal guardianship, parent, | 25 | | grandparent, grandchild, sibling, or any other individual |
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| 1 | | related by blood, marriage, or civil union, or whose close | 2 | | relationship with the employee is the equivalent of a family | 3 | | association as determined by the employee. | 4 | | "Interested party" means a person, organization, or entity | 5 | | with an interest in compliance with this Act. An interested | 6 | | party includes, without limitation, a labor organization, a | 7 | | nonprofit organization whose mission or past practice includes | 8 | | advocating for the workplace rights of day or temporary | 9 | | laborers, a current or former day or temporary laborer | 10 | | employed by the entity subject to allegations of the | 11 | | violations, whether or not still aggrieved by a violation of | 12 | | this Act at the time of taking any action under this Act, a | 13 | | family member of such a day or temporary laborer, or a | 14 | | competitor of a day and temporary labor service agency or an | 15 | | employee of a competitor of day and temporary labor service | 16 | | agency. | 17 | | "Third party client" means any person that contracts with | 18 | | a
day and temporary labor
service agency for obtaining day or | 19 | | temporary laborers.
| 20 | | "Person" means every natural person, firm, partnership, | 21 | | co-partnership, limited liability company, corporation, | 22 | | association, business trust, or other legal entity, or its | 23 | | legal representatives, agents, or assigns.
| 24 | | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
| 25 | | (820 ILCS 175/10)
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| 1 | | Sec. 10. Employment Notice and Application Receipt .
| 2 | | (a) Employment notice. Whenever a day and temporary labor | 3 | | service agency agrees
to send one or more persons to work as | 4 | | day or temporary laborers,
the day and temporary labor service
| 5 | | agency shall provide to each day or temporary laborer, at the | 6 | | time of dispatch, a
statement containing the following items | 7 | | on a form approved by the Department: | 8 | | (1) the name of the day or temporary laborer; | 9 | | (2) the name and nature of the work to be
performed and | 10 | | the types of equipment, protective clothing, and training | 11 | | that are required for the task; | 12 | | (3) the
wages
offered; | 13 | | (4) the name and address of the destination of each | 14 | | day or temporary laborer; | 15 | | (5) terms of transportation;
and | 16 | | (6) whether a meal or equipment, or both, are | 17 | | provided, either by the
day and temporary labor service
| 18 | | agency or the third party client, and the cost of the meal | 19 | | and equipment, if any.
| 20 | | The failure of a day and temporary labor service agency to | 21 | | provide a day or temporary laborer with the equipment, | 22 | | protective clothing, and training identified in an employment | 23 | | notice required by this Section shall be a health and safety | 24 | | violation under Section 95. | 25 | | If a day or temporary laborer is assigned to the same | 26 | | assignment for more than one day, the day and temporary labor |
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| 1 | | service agency is required to provide the employment notice | 2 | | only on the first day of the assignment and on any day that any | 3 | | of the terms listed on the employment notice are changed.
| 4 | | (a-5) Application receipt. If the applicant seeks a work | 5 | | assignment, including in-person, online, or through an | 6 | | application-based system, and day or temporary laborer is not | 7 | | placed with a third party client or otherwise contracted to | 8 | | work for that day by a day and temporary labor service agency , | 9 | | the day and temporary labor service agency shall , upon | 10 | | request, provide the applicant day and temporary laborer with | 11 | | a confirmation that the applicant day or temporary laborer | 12 | | sought work, signed by an employee of the day and temporary | 13 | | labor service agency, on a form approved by the Department, | 14 | | which shall include : | 15 | | (1) the name and location of the agency and branch | 16 | | office ; , | 17 | | (2) the name and address of the applicant; day or | 18 | | temporary laborer, and | 19 | | (3) the date and the time that the the applicant | 20 | | sought the work assignments; day or temporary laborer | 21 | | receives the confirmation.
| 22 | | (4) the manner in which the applicant sought the work | 23 | | assignments; and | 24 | | (5) the specific work sites or type of jobs sought by | 25 | | the applicant, if applicable. | 26 | | (b) (Blank). No day and temporary labor service agency may |
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| 1 | | send any
day or temporary laborer to any place
where a strike, | 2 | | a lockout, or other labor trouble exists.
| 3 | | If the day or temporary laborer seeks a work assignment | 4 | | online or through an application-based system only, and is not | 5 | | placed with a third party client or otherwise contracted to | 6 | | work for that day, the day and temporary labor service agency | 7 | | may provide the required confirmation in an electronic format | 8 | | and electronically signed by an employee of the day and | 9 | | temporary labor service agency, in a form approved by the | 10 | | Department. | 11 | | (c) The
Department shall recommend to day and temporary | 12 | | labor service
agencies that those agencies
employ personnel | 13 | | who can effectively
communicate information required in | 14 | | subsection subsections (a) and (b) to day or
temporary | 15 | | laborers in
Spanish, Polish, or any other language that is | 16 | | generally understood in the locale of
the day and temporary | 17 | | labor service agency. Employment notices and application | 18 | | receipts shall be provided to the day or temporary laborer or | 19 | | applicant in a language that the day or temporary laborer or | 20 | | applicant understands.
| 21 | | (d) The failure of a day and temporary labor service | 22 | | agency to provide any of the information required by this | 23 | | Section shall constitute a notice violation under Section 95. | 24 | | The failure to provide each piece of information required by | 25 | | this Section at each time it is required by this Section shall | 26 | | constitute a separate and distinct violation. If a day and |
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| 1 | | temporary labor service agency claims that it has | 2 | | electronically provided an employment notice or application | 3 | | receipt as required by this Section, the day and temporary | 4 | | labor service agency shall bear the burden of showing the | 5 | | employment notice or application receipt was provided if there | 6 | | is a dispute. | 7 | | (Source: P.A. 99-78, eff. 7-20-15; 100-517, eff. 6-1-18 .)
| 8 | | (820 ILCS 175/11 new) | 9 | | Sec. 11. Right to refuse assignment to a labor dispute. | 10 | | (a) No day and temporary labor service agency may send a | 11 | | day or temporary laborer to a place where a strike, a lockout, | 12 | | or other labor trouble exists without providing, at or before | 13 | | the time of dispatch, a statement, in writing and in a language | 14 | | that the day or temporary laborer understands, informing the | 15 | | day or temporary laborer of the labor dispute and the day or | 16 | | temporary laborer's right to refuse the assignment without | 17 | | prejudice to receiving another assignment. | 18 | | (b) The failure by a day and temporary labor service | 19 | | agency to provide any of the information required by this | 20 | | Section shall constitute a notice violation under Section 95. | 21 | | The failure of a day and temporary labor service agency to | 22 | | provide each piece of information required by this Section at | 23 | | each time it is required by this Section shall constitute a | 24 | | separate and distinct notice violation. If a day and temporary | 25 | | labor service agency claims that it has provided notice as |
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| 1 | | required by this Section electronically, the day and temporary | 2 | | labor service agency shall bear the burden of showing that the | 3 | | notice was provided if there is a dispute. | 4 | | (820 ILCS 175/12)
| 5 | | Sec. 12. Recordkeeping. | 6 | | (a) Whenever a day and temporary labor service agency | 7 | | sends one or more persons to work as day or temporary laborers, | 8 | | the day and temporary labor service agency shall keep the | 9 | | following records relating to that transaction: | 10 | | (1) the name, address and telephone number of each | 11 | | third party client, including each worksite, to which day | 12 | | or temporary laborers were sent by the agency and the date | 13 | | of the transaction; | 14 | | (2) for each day or temporary laborer: the name and | 15 | | address, the specific location sent to work, the type of | 16 | | work performed, the number of hours worked, the hourly | 17 | | rate of pay and the date sent. The term "hours worked" has | 18 | | the meaning ascribed to that term in 56 Ill. Adm. Code | 19 | | 210.110 and in accordance with all applicable rules or | 20 | | court interpretations under 56 Ill. Adm. Code 210.110. The | 21 | | third party client shall be required to remit all | 22 | | information required under this subsection to the day and | 23 | | temporary labor service agency no later than 7 days | 24 | | following the last day of the work week worked by the day | 25 | | or temporary laborer. Failure of a third party client to |
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| 1 | | remit such information to a day and temporary labor | 2 | | service agency shall not be a defense to the recordkeeping | 3 | | requirement of this Section; | 4 | | (3) the name and title of the individual or | 5 | | individuals at each third party client's place of business | 6 | | responsible for the transaction; | 7 | | (4) any specific qualifications or attributes of a day | 8 | | or temporary laborer, requested by each third party | 9 | | client; | 10 | | (5) copies of all contracts, if any, with the third | 11 | | party client and copies of all invoices for the third | 12 | | party client; | 13 | | (6) copies of all employment notices provided in | 14 | | accordance with subsection (a) of Section 10; | 15 | | (7) deductions to be made from each day or temporary | 16 | | laborer's compensation made by either the third party | 17 | | client or by the day and temporary labor service agency | 18 | | for the day or temporary laborer's transportation, food, | 19 | | equipment, withheld income tax, withheld social security | 20 | | payments and every other deduction; | 21 | | (8) verification of the actual cost of any equipment | 22 | | or meal charged to a day or temporary laborer; | 23 | | (9) the race and gender of each day or temporary | 24 | | laborer or applicant who seeks work at, whether in person, | 25 | | online, or through an application-based system, or is | 26 | | assigned sent by the day and temporary labor service |
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| 1 | | agency, as such information is provided by the day or | 2 | | temporary laborer or applicant ;
and | 3 | | (9.5) whether a day or temporary laborer has been | 4 | | placed in a permanent position with a third party client | 5 | | and the date of such placement; and | 6 | | (10) any additional information required by rules | 7 | | issued by the Department. | 8 | | (b) The day and temporary labor service agency shall | 9 | | maintain all records under this Section for a period of 3 years | 10 | | from their creation. The records shall be open to inspection | 11 | | by the Department during normal business hours. Records | 12 | | described in paragraphs (1), (2), (3), (6), (7), and (8) of | 13 | | subsection (a) shall be available for review or copying by | 14 | | that day or temporary laborer during normal business hours | 15 | | within 5 days following a written request. In addition, a day | 16 | | and temporary labor service agency shall make records related | 17 | | to the number of hours billed to a third party client for that | 18 | | individual day or temporary laborer's hours of work available | 19 | | for review or copying during normal business hours within 5 | 20 | | days following a written request. The day and temporary labor | 21 | | service agency shall make forms, in duplicate, for such | 22 | | requests available to day or temporary laborers at the | 23 | | dispatch office. The day or temporary laborer shall be given a | 24 | | copy of the request form. It is a violation of this Section to | 25 | | make any false, inaccurate or incomplete entry into any record | 26 | | required by this Section, or to delete required information |
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| 1 | | from any such record. Failure by the third party client to | 2 | | remit time records to the day and temporary labor service | 3 | | agency as provided in paragraph (a)(2) shall constitute a | 4 | | notice violation by a third party client under Section 95 of | 5 | | this Act unless the third party client has been precluded from | 6 | | submitting such time records for reasons beyond its control. A | 7 | | failure by the third party client to provide time records in | 8 | | accordance with this subsection (b) shall not be a notice | 9 | | violation and shall not be the basis for a suit or other action | 10 | | under Section 95 of this Act against the day and temporary | 11 | | labor service agency.
| 12 | | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
| 13 | | (820 ILCS 175/30)
| 14 | | Sec. 30. Wage Payment and Notice.
| 15 | | (a) At the time of
payment of wages, a day and temporary
| 16 | | labor service agency
shall provide each day or temporary | 17 | | laborer with a detailed
itemized
statement, on the day or | 18 | | temporary laborer's paycheck stub or on a form approved by the | 19 | | Department, listing the following: | 20 | | (1) the name, address, and telephone number of each | 21 | | third party client at which the day or temporary laborer | 22 | | worked. If this information is provided on the day or | 23 | | temporary laborer's paycheck stub, a code for each third | 24 | | party client may be used so long as the required | 25 | | information for each coded third party client is made |
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| 1 | | available to the day or temporary laborer; | 2 | | (2) the number of hours worked by the day or temporary | 3 | | laborer at each third party client each day during the pay | 4 | | period. If the day or temporary laborer is assigned to | 5 | | work at the same work site of the same third party client | 6 | | for multiple days in the same work week, the day and | 7 | | temporary labor service agency may record a summary of | 8 | | hours worked at that third party client's worksite so long | 9 | | as the first and last day of that work week are identified | 10 | | as well. The term "hours worked" has the meaning ascribed | 11 | | to that term in 56 Ill. Adm. Code 210.110 and in accordance | 12 | | with all applicable rules or court interpretations under | 13 | | 56 Ill. Adm. Code 210.110; | 14 | | (3) the rate of payment for each hour worked, | 15 | | including any premium rate or bonus; | 16 | | (3.5) the rate billed to the client company for each | 17 | | hour worked, including any premium rate or bonus; | 18 | | (4) the total pay period earnings; | 19 | | (5) all deductions made from the day or temporary | 20 | | laborer's compensation made either by the third party | 21 | | client or by the day and temporary labor service agency, | 22 | | and the purpose for which deductions were made, including | 23 | | for the day or temporary laborer's transportation, food, | 24 | | equipment, withheld income tax, withheld social security | 25 | | payments, and every other deduction; and | 26 | | (5.5) the then-current maximum placement fee as |
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| 1 | | defined and calculated in Section 40; and | 2 | | (6) any additional information required by rules | 3 | | issued by the Department.
| 4 | | (a-1) For each day or temporary laborer who is contracted | 5 | | to work a single day, the third party client shall, at the end | 6 | | of the work day, provide such day or temporary laborer with a | 7 | | Work Verification Form, approved by the Department, which | 8 | | shall contain the date, the day or temporary laborer's name, | 9 | | the work location, and the hours worked on that day. Any third | 10 | | party client who violates this subsection (a-1) may be subject | 11 | | to a civil penalty of not less than $100 and not more than to | 12 | | exceed $500 for each violation found by the Department. Such | 13 | | civil penalty shall may increase to not less than $500 and not | 14 | | more than $2,500 for a second or subsequent violation. For | 15 | | purposes of this subsection (a-1), each violation of this | 16 | | subsection (a-1) for each day or temporary laborer and for | 17 | | each day the violation continues shall constitute a separate | 18 | | and distinct violation.
| 19 | | (b) A day and temporary labor service agency shall provide | 20 | | each
worker an annual
earnings summary within a reasonable | 21 | | time after the preceding calendar
year, but in no case later | 22 | | than February 1. A day and temporary
labor service agency | 23 | | shall,
at the time of each wage payment, give notice to day or | 24 | | temporary laborers
of the
availability of the annual earnings | 25 | | summary or post such a notice in a
conspicuous place in the | 26 | | public reception area.
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| 1 | | (c) At the request of a day or temporary
laborer, a day and | 2 | | temporary labor service agency shall
hold the daily wages of | 3 | | the day or temporary laborer and make
either weekly, | 4 | | bi-weekly, or semi-monthly
payments. The wages shall be paid | 5 | | in a single check, or, at the day or temporary laborer's sole | 6 | | option, by direct deposit or other manner approved by the | 7 | | Department, representing
the wages earned during the period, | 8 | | either weekly, bi-weekly, or semi-monthly,
designated by the | 9 | | day or temporary laborer in accordance with the
Illinois Wage | 10 | | Payment
and Collection Act. Vouchers or any other method of | 11 | | payment which is not generally negotiable shall be prohibited | 12 | | as a method of payment of wages. Day and temporary labor | 13 | | service agencies that
make daily wage
payments shall provide | 14 | | written notification to all day or temporary
laborers of the | 15 | | right to
request weekly, bi-weekly, or semi-monthly checks. | 16 | | The day and temporary
labor service agency may
provide this | 17 | | notice by conspicuously posting the notice at the location
| 18 | | where the wages are received by the day or temporary laborers.
| 19 | | (d) No day and temporary labor service agency shall charge | 20 | | any
day or temporary laborer for
cashing a check issued by the | 21 | | agency for wages earned by a
day or temporary laborer who
| 22 | | performed work through that agency. No day and temporary labor | 23 | | service agency or third party client shall charge any day or | 24 | | temporary laborer for the expense of conducting any consumer | 25 | | report, as that term is defined in the Fair Credit Reporting | 26 | | Act, 15 U.S.C. 1681a(d), any criminal background check of any |
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| 1 | | kind, or any drug test of any kind.
| 2 | | (e) Day or temporary laborers shall be paid no less than | 3 | | the
wage rate stated in the
notice as provided in Section 10 of | 4 | | this Act for all the work performed on
behalf of the third | 5 | | party client in addition to the work listed in the
written | 6 | | description.
| 7 | | (f) The total amount deducted for meals, equipment, and | 8 | | transportation may not cause a day or temporary laborer's | 9 | | hourly wage to fall below the State or federal minimum wage. | 10 | | However, a day and temporary labor service agency may deduct | 11 | | the actual market value of reusable equipment provided to the | 12 | | day or temporary laborer by the day and temporary labor | 13 | | service agency which the day or temporary laborer fails to | 14 | | return, if the day or temporary laborer provides a written | 15 | | authorization for such deduction at the time the deduction is | 16 | | made. | 17 | | (g) A day or temporary laborer who is contracted by a day | 18 | | and temporary labor service agency to work at a third party | 19 | | client's worksite but is not utilized by the third party | 20 | | client shall be paid by the day and temporary labor service | 21 | | agency for a minimum of 4 hours of pay at the agreed upon rate | 22 | | of pay. However, in the event the day and temporary labor | 23 | | service agency contracts the day or temporary laborer to work | 24 | | at another location during the same shift, the day or | 25 | | temporary laborer shall be paid by the day and temporary labor | 26 | | service agency for a minimum of 2 hours of pay at the agreed |
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| 1 | | upon rate of pay.
| 2 | | (h) A third party client is required to pay wages and | 3 | | related payroll taxes to a licensed day and temporary labor | 4 | | service agency for services performed by the day or temporary | 5 | | laborer for the third party client according to payment terms | 6 | | outlined on invoices, service agreements, or stated terms | 7 | | provided by the day and temporary labor service agency. A | 8 | | third party client who fails to comply with this subsection | 9 | | (h) is subject to the penalties provided in Section 70 of this | 10 | | Act. The Department shall review a complaint filed by a | 11 | | licensed day and temporary labor agency. The Department shall | 12 | | review the payroll and accounting records of the day and | 13 | | temporary labor service agency and the third party client for | 14 | | the period in which the violation of this Act is alleged to | 15 | | have occurred to determine if wages and payroll taxes have | 16 | | been paid to the agency and that the day or temporary laborer | 17 | | has been paid the wages owed him or her. | 18 | | (i) The failure of a day and temporary labor service | 19 | | agency or client company to provide any of the information | 20 | | required by this Section shall constitute a notice violation | 21 | | under Section 95. The failure to provide each piece of | 22 | | information required by this Section at each time it is | 23 | | required by this Section shall constitute a separate and | 24 | | distinct notice violation. | 25 | | (Source: P.A. 100-517, eff. 6-1-18 .)
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| 1 | | (820 ILCS 175/40)
| 2 | | Sec. 40. Work Restriction. No day and temporary labor | 3 | | service
agency shall
restrict the right of a day or temporary | 4 | | laborer to accept a
permanent position with a third
party | 5 | | client to whom the day or temporary laborer has been
referred | 6 | | for
work or restrict the right of such third party client to | 7 | | offer such
employment to a day or temporary laborer. A day and | 8 | | temporary labor service agency may charge a placement fee to a | 9 | | third party client for employing a day or temporary laborer | 10 | | for whom a contract for work was effected by the day and | 11 | | temporary labor service agency not to exceed the equivalent of | 12 | | the total daily commission rate the day and temporary labor | 13 | | service agency would have received over a 60-day period, | 14 | | reduced by the equivalent of the daily commission rate the day | 15 | | and temporary labor service agency would have received for | 16 | | each day the day or temporary laborer has performed work for | 17 | | the day and temporary labor service agency in the preceding 12 | 18 | | months. Days worked at a day and temporary labor service | 19 | | agency in the 12 months preceding the effective date of this | 20 | | amendatory Act of the 94th General Assembly
shall be included | 21 | | for purposes of calculating the maximum placement fee | 22 | | described in this Section. However, placement of a day or | 23 | | temporary laborer who is contracted by a day and temporary | 24 | | labor service agency to provide skilled labor shall not be | 25 | | subject to any placement fee cap. For purposes of this | 26 | | Section, a day or temporary laborer who performs "skilled |
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| 1 | | labor" shall apply only where the day and temporary labor | 2 | | service agency performs an advanced application process, a | 3 | | screening process, which may include processes such as | 4 | | advanced testing, and a job interview. No fee provided for | 5 | | under this Section may be assessed or collected by the day and | 6 | | temporary labor service agency when the day or temporary | 7 | | laborer is offered permanent work following the suspension or | 8 | | revocation of the day and temporary labor service agency's | 9 | | registration by the Department.
| 10 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 11 | | (820 ILCS 175/42 new) | 12 | | Sec. 42. Equal pay for equal work. A day or temporary | 13 | | laborer who is assigned to work at a third party client for | 14 | | more than 30 calendar days shall be paid not less than the rate | 15 | | of pay and equivalent benefits as directly hired employees of | 16 | | the third party client with commensurate seniority and | 17 | | training performing the same or substantially similar work on | 18 | | jobs the performance of which requires substantially similar | 19 | | skill, effort, and responsibility, and that are performed | 20 | | under similar working conditions. If there is not a directly | 21 | | hired comparative employee of the third party client, the day | 22 | | or temporary laborer shall be paid not less than the rate of | 23 | | pay and equivalent benefits as the directly hired employee | 24 | | with the closest seniority as the day or temporary laborer. A | 25 | | day and temporary labor service agency may pay the hourly cash |
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| 1 | | equivalent of benefits in lieu of providing the benefits | 2 | | required by this Section. Upon request, a third party client | 3 | | to which a day or temporary laborer has been assigned for more | 4 | | than 30 calendar days shall be obligated to timely provide the | 5 | | day and temporary labor service agency with all necessary | 6 | | information related to job duties, pay, and benefits of | 7 | | directly hired employees necessary for the day and temporary | 8 | | labor service agency to comply with this Section. The failure | 9 | | by a third party client to provide any of the information | 10 | | required by this Section shall constitute a notice violation | 11 | | by the third party client under Section 95.
| 12 | | (820 ILCS 175/45)
| 13 | | Sec. 45. Registration; Department of Labor. | 14 | | (a) A day and temporary
labor service
agency which is | 15 | | located, operates or transacts business within this State | 16 | | shall register with the Department of Labor in accordance with | 17 | | rules
adopted by the Department for day and temporary labor | 18 | | service
agencies and shall be subject to this Act and any rules | 19 | | adopted under this Act. Each day and temporary labor service | 20 | | agency shall provide proof of an employer account number | 21 | | issued by the Department of Employment Security for the | 22 | | payment of unemployment insurance contributions as required | 23 | | under the Unemployment Insurance Act, and proof of valid | 24 | | workers' compensation insurance in effect at the time of | 25 | | registration covering all of its employees. If, at any time, a |
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| 1 | | day and temporary labor service agency's workers' compensation | 2 | | insurance coverage lapses, the agency shall have an | 3 | | affirmative duty to report the lapse of such coverage to the | 4 | | Department and the agency's registration shall be suspended | 5 | | until the agency's workers' compensation insurance is | 6 | | reinstated. The Department may assess each day and temporary | 7 | | labor service agency a non-refundable
registration fee
not | 8 | | exceeding $5,000 $1,000 per year per agency and a | 9 | | non-refundable fee not to exceed $1,000 $250 for each branch | 10 | | office or other location where the agency regularly contracts | 11 | | with day or temporary laborers for services. The fee may be | 12 | | paid by check, money order, or the State Treasurer's E-Pay | 13 | | program or any successor program,
and the Department may not | 14 | | refuse to accept a check on the basis that it is
not a | 15 | | certified check or a cashier's check. The Department may | 16 | | charge an
additional fee to be paid by a day and temporary | 17 | | labor service agency if the agency, or any person on the
| 18 | | agency's behalf, issues or delivers a check to the Department | 19 | | that is not
honored by the financial institution upon which it | 20 | | is drawn. The Department
shall also adopt rules
for violation
| 21 | | hearings and penalties for violations of this Act or the | 22 | | Department's rules
in conjunction with the penalties set forth | 23 | | in this Act. | 24 | | (a-1) At the time of registration with the Department of | 25 | | Labor each year, the day and temporary labor service agency | 26 | | shall submit to the Department of Labor a report containing |
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| 1 | | the information identified in paragraphs paragraph (9) and | 2 | | (9.5) of subsection (a) of Section 12, broken down by branch | 3 | | office, in the aggregate for all day or temporary laborers | 4 | | assigned within Illinois and subject to this Act during the | 5 | | preceding year. This information shall be submitted on a form | 6 | | created by the Department of Labor. The Department of Labor | 7 | | shall aggregate the information submitted by all registering | 8 | | day and temporary labor service agencies by removing | 9 | | identifying data and shall have the information available to | 10 | | the public only on a municipal and county basis. As used in | 11 | | this subsection and subsection (a-2) this paragraph , | 12 | | "identifying data" means any and all information that: (i) | 13 | | provides specific information on individual worker identity; | 14 | | (ii) identifies the service agency in any manner; and (iii) | 15 | | identifies clients utilizing the day and temporary labor | 16 | | service agency or any other information that can be traced | 17 | | back to any specific registering day and temporary labor | 18 | | service agency or its client. The information and reports | 19 | | submitted to the Department of Labor under this subsection by | 20 | | the registering day and temporary labor service agencies are | 21 | | exempt from inspection and copying under Section 7.5 of the | 22 | | Freedom of Information Act. Any summary reports created by the | 23 | | Department shall be made available for public inspection on | 24 | | the Department's website and shall not be exempt from | 25 | | inspection and copying under the Freedom of Information Act. | 26 | | (a-2) When a day and temporary labor service agency |
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| 1 | | registers with the Department, it shall submit to the | 2 | | Department a report containing (i) the total number of W-2 | 3 | | forms issued to day or temporary laborers in Illinois during | 4 | | the prior year broken down by branch office and (ii) the total | 5 | | number of hours billed by the day and temporary labor service | 6 | | agency from a branch office in Illinois broken down by branch | 7 | | office. This information shall be submitted on a form created | 8 | | by the Department. The Department shall aggregate the | 9 | | information submitted by all registering day and temporary | 10 | | labor service agencies by removing identifying data and shall | 11 | | make the information available to the public on a municipal | 12 | | and county basis. The information and reports submitted to the | 13 | | Department under this subsection by the registering day and | 14 | | temporary labor service agencies are exempt from inspection | 15 | | and copying under the Freedom of Information Act. Any summary | 16 | | reports created by the Department shall be made available for | 17 | | public inspection on the Department's website and shall not be | 18 | | exempt from inspection and copying under the Freedom of | 19 | | Information Act. | 20 | | (a-3) The Department shall deny a day and temporary labor | 21 | | service agency's registration until all of the information | 22 | | required in subsections (a-1) and (a-2) has been provided. | 23 | | (b) It is a violation of this Act to operate a day and | 24 | | temporary labor service agency without first registering with | 25 | | the Department in accordance with subsection (a) of this | 26 | | Section. The Department shall create and maintain at regular |
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| 1 | | intervals on its website, accessible to the public: (1) a list | 2 | | of all registered day and temporary labor service agencies in | 3 | | the State whose registration is in good standing; (2) a list of | 4 | | day and temporary labor service agencies in the State whose | 5 | | registration has been suspended, including the reason for the | 6 | | suspension, the date the suspension was initiated, and the | 7 | | date, if known, the suspension is to be lifted; and (3) a list | 8 | | of day and temporary labor service agencies in the State whose | 9 | | registration has been revoked, including the reason for the | 10 | | revocation and the date the registration was revoked. The | 11 | | Department has the authority to assess a penalty against any | 12 | | day and temporary labor service agency that fails to register | 13 | | with the Department of Labor in accordance with this Act or any | 14 | | rules adopted under this Act of $500 for each violation. Each | 15 | | day during which a day and temporary labor service agency | 16 | | operates without registering with the Department shall be a | 17 | | separate and distinct violation of this Act. | 18 | | (c) An applicant is not eligible to register to operate a | 19 | | day and temporary labor service agency under this Act if the | 20 | | applicant or any of its officers, directors, partners, or | 21 | | managers or any owner of 25% or greater beneficial interest: | 22 | | (1) has been involved, as owner, officer, director, | 23 | | partner, or manager, of any day and temporary labor | 24 | | service agency whose registration has been revoked or has | 25 | | been suspended without being reinstated within the 5 years | 26 | | immediately preceding the filing of the application; or |
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| 1 | | (2) is under the age of 18. | 2 | | (d) Every agency shall post and keep posted at each | 3 | | location, in a position easily accessible to all employees, | 4 | | notices as supplied and required by the Department containing | 5 | | a copy or summary of the provisions of the Act and
a notice | 6 | | which informs
the public of a toll-free telephone number for | 7 | | day or temporary laborers
and the public to
file wage dispute | 8 | | complaints and other alleged violations by
day and temporary | 9 | | labor service
agencies. Such notices shall be in English or | 10 | | any other language generally understood in the locale of the | 11 | | day and temporary labor service agency.
| 12 | | (Source: P.A. 100-517, eff. 6-1-18 .)
| 13 | | (820 ILCS 175/50)
| 14 | | Sec. 50. Violations. The Department shall have the | 15 | | authority
to deny, suspend, or
revoke the registration of a | 16 | | day and temporary labor service
agency if warranted by public
| 17 | | health and safety concerns or violations of this Act. The | 18 | | Attorney General, pursuant to its authority under Section 6.3 | 19 | | of the Attorney General Act, may request that a circuit court | 20 | | suspend or revoke the registration of a day and temporary | 21 | | labor service agency when warranted by public health concern | 22 | | or violations of this Act. The Attorney General shall provide | 23 | | notice to the Director prior to requesting the suspension or | 24 | | revocation of the registration of a day and temporary labor | 25 | | service agency.
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| 1 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 2 | | (820 ILCS 175/55)
| 3 | | Sec. 55. Enforcement by the Department . | 4 | | (a) It shall be the duty of the Department to enforce
the
| 5 | | provisions
of this Act. The Department shall have the power to | 6 | | conduct investigations in
connection with
the administration | 7 | | and enforcement of this Act and any investigator with the
| 8 | | Department shall be
authorized to visit and inspect, at all | 9 | | reasonable times, any places covered by
this Act and shall be | 10 | | authorized to inspect, at all reasonable times,
contracts for | 11 | | the employment of all day or temporary laborers entered into | 12 | | by
a third party client if the Department has received a
| 13 | | complaint indicating that the third party client may have | 14 | | contracted with a
day and
temporary labor service agency that | 15 | | is not registered under this Act.
The
Department shall conduct | 16 | | hearings in accordance with the Illinois
Administrative | 17 | | Procedure Act
upon written complaint by an investigator of the | 18 | | Department or any
interested
person of a violation of the Act. | 19 | | After the hearing, if supported by the
evidence, the
| 20 | | Department may (i) issue and cause to be served on any party an | 21 | | order to cease
and desist
from further violation of the Act, | 22 | | (ii) take affirmative or other action as
deemed reasonable
to | 23 | | eliminate the effect of the violation, (iii) deny, suspend, or | 24 | | revoke any
registration under
this Act, and (iv) determine the | 25 | | amount of any civil penalty allowed by the
Act. The Director of
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| 1 | | Labor or his or her representative may compel, by subpoena, | 2 | | the attendance and
testimony of
witnesses and the production | 3 | | of books, payrolls, records, papers, and other
evidence in any
| 4 | | investigation or hearing and may administer oaths to | 5 | | witnesses. Nothing in
this Act applies to labor or employment | 6 | | of a clerical or professional nature.
| 7 | | (b) If action has been initiated by an interested party as | 8 | | to any violations pursuant to this Section, the Department | 9 | | shall defer launching any investigation of the same such | 10 | | violations until the conclusion of the civil matter. The | 11 | | Department may intervene in the civil matter as a party in | 12 | | interest at any time. Intervention by the Department shall not | 13 | | alter the rights of the interested party under Section 67. | 14 | | (c) Nothing in this Section shall in any way prevent or | 15 | | delay a day or temporary laborer or his or her representatives | 16 | | or an interested party from bringing an action to enforce | 17 | | rights pursuant to Section 95. | 18 | | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
| 19 | | (820 ILCS 175/67 new) | 20 | | Sec. 67. Action for civil penalties brought by an | 21 | | interested party. | 22 | | (a) Upon a reasonable belief that a day and temporary | 23 | | labor service agency or a third party client covered by this | 24 | | Act is in violation of any part of this Act, an interested | 25 | | party may file suit against the covered entity in a circuit |
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| 1 | | court, in any county where some or all the alleged offenses | 2 | | occurred, without regard to exhaustion of any alternative | 3 | | administrative remedies provided in this Act. The interested | 4 | | party shall provide notice to the Director at the time of the | 5 | | filing of an action. | 6 | | (b) In an action brought pursuant to this Section, an | 7 | | interested party may recover against the covered entity any | 8 | | statutory penalties set forth in Section 70 and injunctive | 9 | | relief. An interested party who prevails shall receive 10% of | 10 | | any statutory penalties assessed, plus any attorney's fees and | 11 | | expenses in bringing the action. The remaining 90% of any | 12 | | statutory penalties assessed shall be deposited into the Child | 13 | | Labor and Day and Temporary Labor Services Enforcement Fund | 14 | | and shall be used exclusively for enforcement of this Act by | 15 | | the Department. | 16 | | (c) If the Department has already initiated an | 17 | | investigation of any alleged violation of the Act and that | 18 | | investigation is ongoing at the time a civil action is filed, | 19 | | the civil action shall be stayed as to those violations until | 20 | | the Department has completed its investigation and any related | 21 | | enforcement or has granted a waiver in writing to the | 22 | | interested party to proceed with a civil action. Recovery by | 23 | | the Department of civil penalties under Section 70 for any | 24 | | violation of the Act shall be an absolute defense to the civil | 25 | | action by an interested party as to those violations only. | 26 | | (d) The right of an interested party to bring an action |
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| 1 | | under this Section terminates upon the passing of 3 years from | 2 | | the latest date of the violation. This period is tolled for the | 3 | | period a civil action under this Section is stayed pending the | 4 | | outcome of an investigation by the Department. | 5 | | (e) Nothing in this Section shall in any way prevent or | 6 | | delay a day or temporary laborer or his or her representatives | 7 | | or an interested party from bringing an action to enforce | 8 | | rights pursuant to Section 95.
| 9 | | (820 ILCS 175/70)
| 10 | | Sec. 70. Penalties. | 11 | | (a) A day and temporary labor service agency or third | 12 | | party client that
violates any
of the provisions of this Act or | 13 | | any rule adopted under this Act shall be subject to a civil | 14 | | penalty of not less than $100 and
not more than to exceed | 15 | | $1,000 $6,000 for each violation
violations found in the first | 16 | | audit by the
Department or determined by a court in a civil | 17 | | action brought by an interested party, or determined by a | 18 | | court in a civil action brought by the Attorney General | 19 | | pursuant to its authority under Section 6.3 of the Attorney | 20 | | General Act . Following a first audit or civil action , a day and | 21 | | temporary labor service agency or third party client shall be | 22 | | subject to a civil penalty of not less than $500 and not more | 23 | | than to
exceed $2,500 for each repeat violation found
by the | 24 | | Department or circuit court within 3 years. For purposes of | 25 | | this subsection, each violation of this Act for each day or |
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| 1 | | temporary laborer and for each day the violation continues | 2 | | shall constitute a separate and distinct violation.
In | 3 | | determining the amount of a penalty, the Director or circuit | 4 | | court shall
consider the appropriateness of the penalty to the
| 5 | | day and temporary labor service agency or third party client | 6 | | charged, upon the determination of the
gravity of the | 7 | | violations. For any violation determined by the Department or | 8 | | circuit court to be willful which is within 3 years of an | 9 | | earlier violation, the Department may revoke the registration | 10 | | of the violator, if the violator is a day and temporary labor | 11 | | service agency. The
amount of the penalty, when finally | 12 | | determined, may be:
| 13 | | (1) Recovered in a civil action brought by the | 14 | | Director of Labor in any
circuit court. In this | 15 | | litigation, the Director of Labor shall be represented
by | 16 | | the Attorney General.
| 17 | | (2) Ordered by the court, in an action brought by any | 18 | | party , including the Attorney General pursuant to its | 19 | | authority under Section 6.3 of the Attorney General Act, | 20 | | for a
violation under this Act,
to
be paid to the Director | 21 | | of Labor.
| 22 | | (b) The Department shall adopt rules for violation | 23 | | hearings and penalties for violations of this Act or the | 24 | | Department's rules in conjunction with the penalties set forth | 25 | | in this Act.
| 26 | | Any administrative determination by the Department as to |
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| 1 | | the amount of each
penalty shall be final unless reviewed as | 2 | | provided in Section 60 of this Act.
| 3 | | (Source: P.A. 96-1185, eff. 7-22-10.)
| 4 | | (820 ILCS 175/85)
| 5 | | Sec. 85. Third party clients. | 6 | | (a) It is a violation of this Act for a third party client | 7 | | to enter into a contract for the employment of
day or temporary | 8 | | laborers with any day and temporary labor service agency
not | 9 | | registered under Section 45 of this Act.
A third party client | 10 | | has a duty to verify a day and temporary labor service agency's | 11 | | status with the Department before entering into a contract | 12 | | with such an agency, and on March 1 and September 1 of each | 13 | | year. A day and temporary labor service agency shall be | 14 | | required to provide each of its third party clients with proof | 15 | | of valid registration issued by the Department at the time of | 16 | | entering into a contract. A day and temporary labor service | 17 | | agency shall be required to notify, both by telephone and in | 18 | | writing, each day or temporary laborer it employs and each | 19 | | third party client with whom it has a contract within 24 hours | 20 | | of any denial, suspension, or revocation of its registration | 21 | | by the Department. All contracts between any day and temporary | 22 | | labor service agency and any third party client shall be | 23 | | considered null and void from the date any such denial, | 24 | | suspension, or revocation of registration becomes effective | 25 | | and until such time as the day and temporary labor service |
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| 1 | | agency becomes registered and considered in good standing by | 2 | | the Department as provided in Section 50 and Section 55. Upon | 3 | | request, the Department shall provide to a third party client | 4 | | a list
of entities registered as day and temporary labor | 5 | | service agencies. The
Department shall
provide on the Internet | 6 | | a list of entities registered as day and temporary
labor | 7 | | service agencies. A third party client may rely on information | 8 | | provided by the Department or maintained on the Department's | 9 | | website pursuant to Section 45 of this Act and shall be held | 10 | | harmless if such information maintained or provided by the | 11 | | Department was inaccurate. Any third party client that | 12 | | violates this provision of the Act is subject to a civil | 13 | | penalty of not less than $100 and not to exceed $1,000 $500 . | 14 | | Each day during which a third party client contracts with a day | 15 | | and temporary labor service agency not registered under | 16 | | Section 45 of this Act shall constitute a separate and | 17 | | distinct offense.
| 18 | | (b) If a third party client leases or contracts with a day | 19 | | and temporary service agency for the services of a day or | 20 | | temporary laborer, the third party client shall share all | 21 | | legal responsibility and liability for the payment of wages | 22 | | under the Illinois Wage Payment and Collection Act and the | 23 | | Minimum Wage Law.
| 24 | | (c) Whenever a day or temporary laborer is assigned to | 25 | | work at a third party client, the day or temporary laborer | 26 | | shall receive training on all machinery that the day or |
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| 1 | | temporary laborer is required to operate or work on in the | 2 | | vicinity of where reasonable precautions would be expected to | 3 | | be taken equivalent to any training provided to directly hired | 4 | | employees of the third party client who operate the same or | 5 | | substantially similar machinery in advance of the day or | 6 | | temporary laborer operating or working in the vicinity of such | 7 | | machinery. The third party client and day and temporary labor | 8 | | service agency shall jointly have a duty to ensure that such | 9 | | training is provided in advance of any work performed by a day | 10 | | or temporary laborer. Failure to provide the training | 11 | | prescribed in this Section constitutes a health and safety | 12 | | violation by the third party client and the day and temporary | 13 | | labor service agency under Section 95 in addition to any other | 14 | | relief available to the day or temporary laborer under law. | 15 | | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
| 16 | | (820 ILCS 175/87 new) | 17 | | Sec. 87. Prohibition against abusive contracts. | 18 | | (a) Any contract entered into between a day or temporary | 19 | | laborer and a day and temporary labor service agency or third | 20 | | party client that in any way limits or affects the day or | 21 | | temporary laborer's ability to enforce rights under this Act, | 22 | | including the venue for enforcement, or other workplace-based | 23 | | rights under Illinois law must meet the following criteria to | 24 | | be valid and enforceable: | 25 | | (1) the contract must be in writing and executed by |
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| 1 | | original, ink signatures with a hard copy given to the day | 2 | | or temporary laborer; | 3 | | (2) the contract must be signed by any party that | 4 | | seeks to bind the day or temporary laborer to the | 5 | | agreement; | 6 | | (3) the contract must be valid only for the term of the | 7 | | day or temporary laborer's current assignment to a client | 8 | | company and expires after the assignment concludes; | 9 | | (4) the original contract must be maintained and | 10 | | produced in any proceeding to enforce the terms of the | 11 | | contract; and | 12 | | (5) if any provision of such a contract is deemed | 13 | | unenforceable under Illinois law, the entire agreement | 14 | | must be unenforceable. | 15 | | (b) Any contract entered into between a temporary labor | 16 | | service agency and any third party client that may impact a day | 17 | | or temporary laborer's wages, ability to work at another day | 18 | | and temporary labor service agency or third party client | 19 | | company must be disclosed and a copy provided to each day or | 20 | | temporary laborer in a language that the day or temporary | 21 | | laborer understands within 7 days after the contract goes into | 22 | | effect or impacts the day or temporary laborer. | 23 | | (c) The failure by a day and temporary labor service | 24 | | agency or client company to provide any of the information | 25 | | required by this Section shall constitute a notice violation | 26 | | under Section 95. The failure to provide each piece of |
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| 1 | | information required by this Section at each time it is | 2 | | required by this Section shall constitute a separate and | 3 | | distinct notice violation. | 4 | | (820 ILCS 175/90)
| 5 | | Sec. 90. Retaliation. | 6 | | (a) Prohibition. It is a violation of this Act for a day | 7 | | and temporary labor service agency or third party client, or | 8 | | any agent of a day and temporary labor service agency or third | 9 | | party client, to retaliate through removal from an assignment, | 10 | | a failure to assign, discharge , or in any other manner of | 11 | | negative job actions against any day or temporary laborer for | 12 | | exercising any rights granted under this Act. Such retaliation | 13 | | shall subject a day and temporary labor service agency or | 14 | | third party client, or both, to civil penalties pursuant to | 15 | | this Act or a private cause of action. | 16 | | (b) Protected Acts from Retaliation. It is a violation of | 17 | | this Act for a day and temporary labor service agency or third | 18 | | party client to retaliate against a day or temporary laborer | 19 | | for: | 20 | | (1) making a complaint to a day and temporary labor | 21 | | service agency, to a third party client, to a co-worker, | 22 | | to a community organization, before a public hearing, or | 23 | | to a State or federal agency that rights guaranteed under | 24 | | this Act have been violated; | 25 | | (2) causing to be instituted any proceeding under or |
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| 1 | | related to this Act; or | 2 | | (3) testifying or preparing to testify in an | 3 | | investigation or proceeding under this Act ; or .
| 4 | | (4) refusing an assignment to any place where a | 5 | | strike, a lockout, or other labor trouble exists. | 6 | | (Source: P.A. 94-511, eff. 1-1-06.) | 7 | | (820 ILCS 175/95)
| 8 | | Sec. 95. Private Right of Action. | 9 | | (a) A person aggrieved by a violation of this Act or any | 10 | | rule adopted under this Act by a day and temporary labor | 11 | | service agency or a third party client may file suit in circuit | 12 | | court of Illinois, in the county where the alleged offense | 13 | | occurred or where any day or temporary laborer who is party to | 14 | | the action resides, without regard to exhaustion of any | 15 | | alternative administrative remedies provided in this Act. A | 16 | | day and temporary labor service agency aggrieved by a | 17 | | violation of this Act or any rule adopted under this Act by a | 18 | | third party client may file suit in circuit court of Illinois, | 19 | | in the county where the alleged offense occurred or where the | 20 | | day and temporary labor service agency which is party to the | 21 | | action is located. Actions may be brought by one or more day or | 22 | | temporary laborers for and on behalf of themselves and other | 23 | | day or temporary laborers similarly situated. A day or | 24 | | temporary laborer whose rights have been violated under this | 25 | | Act by a day and temporary labor service agency or a third |
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| 1 | | party client or a day and temporary labor service agency whose | 2 | | rights have been violated under this Act by a third party | 3 | | client is entitled to collect: | 4 | | (1) in the case of a wage and hour violation, the | 5 | | amount of any wages, salary, employment benefits, or other | 6 | | compensation denied or lost to the day or temporary | 7 | | laborer or day and temporary labor service agency by | 8 | | reason of the violation, plus an equal amount in | 9 | | liquidated damages; | 10 | | (2) in the case of a health and safety or notice | 11 | | violation, compensatory damages and an amount of not less | 12 | | than $100 but not more than $1,000 for each up to $500 for | 13 | | the violation of each subpart of each Section; | 14 | | (3) in the case of unlawful retaliation, the greater | 15 | | of all legal or equitable relief as may be appropriate or | 16 | | liquidated damages equal to $25,000 per incident of | 17 | | retaliation, at the selection of the aggrieved person, and | 18 | | reinstatement, if appropriate ; and | 19 | | (4) attorney's fees and costs. | 20 | | (a-5) Upon a reasonable belief that a day and temporary | 21 | | labor service agency has violated any provision of this Act, | 22 | | an interested party shall have the right to bring an action for | 23 | | any such violation on the same basis as an aggrieved day or | 24 | | temporary laborer provided in subsection (a), except that the | 25 | | interested party need not be aggrieved in order to: | 26 | | (1) disgorge, in the case of a wage and hour |
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| 1 | | violation, any financial benefit to the employer from | 2 | | unpaid wages in the amount of all unpaid wages, plus | 3 | | statutory interest and statutory damages and attorneys' | 4 | | fees and costs as provided herein and in the Minimum Wage | 5 | | Law and Wage Payment and Collection Act; and | 6 | | (2) pursue, in the case of a health and safety or | 7 | | notice violation, an amount of not less than $100 but not | 8 | | more than $1,000 for each violation of each subpart of | 9 | | each Section. | 10 | | An interested party may bring an action to disgorge the | 11 | | amounts provided in paragraphs (1) and (2) for similarly | 12 | | situated employees of the day and temporary labor service | 13 | | agency who do not request to exclude themselves from the | 14 | | proceeding. In adjudicating an action involving a class of | 15 | | similarly situated employees brought under this subsection, | 16 | | the circuit court shall apply the procedures set forth in Part | 17 | | 8 of Article II of the Code of Civil Procedure, except that | 18 | | there shall be no requirement that the interested party have a | 19 | | claim or claims that are common to or are typical of the | 20 | | members of the class. Any funds for unpaid wages, statutory | 21 | | interest or statutory damages disgorged from an employer and | 22 | | awarded in an action brought under this subsection shall be | 23 | | distributed to all employees, other than those who exclude | 24 | | themselves from the action pursuant to the procedure set forth | 25 | | in subsection (b) of Section 2-804 of the Code of Civil | 26 | | Procedure, in proportion to the amount of each employee's |
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| 1 | | unpaid wages. | 2 | | (b) The right of an aggrieved person to bring an action | 3 | | under this Section terminates upon the passing of 3 years from | 4 | | the final date of employment by the day and temporary labor | 5 | | agency or the third party client or upon the passing of 3 years | 6 | | from the date of termination of the contract between the day | 7 | | and temporary labor service agency and the third party client. | 8 | | This limitations period is tolled if a day labor employer has | 9 | | deterred a day and temporary labor service agency or day or | 10 | | temporary laborer's exercise of rights under this Act by | 11 | | contacting or threatening to contact law enforcement agencies. | 12 | | The right of an interested party to bring an action under this | 13 | | Section on behalf of a day or temporary laborer, a group of day | 14 | | or temporary laborers, or a class of day or temporary laborers | 15 | | terminates 3 years after the date of termination of the | 16 | | contract between the day and temporary labor service agency | 17 | | and the third party client.
| 18 | | (Source: P.A. 96-1185, eff. 7-22-10.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2023.".
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