Full Text of HB5247 96th General Assembly
HB5247enr 96TH GENERAL ASSEMBLY
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HB5247 Enrolled |
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LRB096 15053 RLC 30633 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Day and Temporary Labor Services Act is | 5 |
| amended by changing Sections 30, 70, and 95 as follows:
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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 | 10 |
| laborer with a detailed
itemized
statement, on the day or | 11 |
| temporary laborer's paycheck stub or on a form approved by the | 12 |
| Department, listing the following: | 13 |
| (1) the name, address, and telephone number of each | 14 |
| third party client at which the day or temporary laborer | 15 |
| worked. If this information is provided on the day or | 16 |
| temporary laborer's paycheck stub, a code for each third | 17 |
| party client may be used so long as the required | 18 |
| information for each coded third party client is made | 19 |
| available to the day or temporary laborer; | 20 |
| (2) the number of hours worked by the day or temporary | 21 |
| laborer at each third party client each day during the pay | 22 |
| period. If the day or temporary laborer is assigned to work | 23 |
| at the same work site of the same third party client for |
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| multiple days in the same work week, the day and temporary | 2 |
| labor service agency may record a summary of hours worked | 3 |
| at that third party client's worksite so long as the first | 4 |
| and last day of that work week are identified as well. The | 5 |
| term "hours worked" has the meaning ascribed to that term | 6 |
| in 56 Ill. Adm. Code 210.110 and in accordance with all | 7 |
| applicable rules or court interpretations under 56 Ill. | 8 |
| Adm. Code 210.110; | 9 |
| (3) the rate of payment for each hour worked, including | 10 |
| any premium rate or bonus; | 11 |
| (4) the total pay period earnings; | 12 |
| (5) all deductions made from the day or temporary | 13 |
| laborer's compensation made either by the third party | 14 |
| client or by the day and temporary labor service agency, | 15 |
| and the purpose for which deductions were made, including | 16 |
| for the day or temporary laborer's transportation, food, | 17 |
| equipment, withheld income tax, withheld social security | 18 |
| payments, and every other deduction; and | 19 |
| (6) any additional information required by rules | 20 |
| issued by the Department.
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| (a-1) For each day or temporary laborer who is contracted | 22 |
| to work a single day, the third party client shall, at the end | 23 |
| of the work day, provide such day or temporary laborer with a | 24 |
| Work Verification Form, approved by the Department, which shall | 25 |
| contain the date, the day or temporary laborer's name, the work | 26 |
| location, and the hours worked on that day. Any third party |
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| client who violates this subsection (a-1) may be subject to a | 2 |
| civil penalty not to exceed $500 for each violation found by | 3 |
| the Department. Such civil penalty may increase to $2,500 for a | 4 |
| second or subsequent violation. For purposes of this subsection | 5 |
| (a-1), each violation of this subsection (a-1) for each day or | 6 |
| temporary laborer and for each day the violation continues | 7 |
| shall constitute a separate and distinct violation.
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| (b) A day and temporary labor service agency shall provide | 9 |
| each
worker an annual
earnings summary within a reasonable time | 10 |
| after the preceding calendar
year, but in no case later than | 11 |
| February 1. A day and temporary
labor service agency shall,
at | 12 |
| the time of each wage payment, give notice to day or temporary | 13 |
| laborers
of the
availability of the annual earnings summary or | 14 |
| post such a notice in a
conspicuous place in the public | 15 |
| reception area.
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| (c) At the request of a day or temporary
laborer, a day and | 17 |
| temporary labor service agency shall
hold the daily wages of | 18 |
| the day or temporary laborer and make
either weekly, bi-weekly, | 19 |
| or semi-monthly
payments. The wages shall be paid in a single | 20 |
| check, or, at the day or temporary laborer's sole option, by | 21 |
| direct deposit or other manner approved by the Department, | 22 |
| representing
the wages earned during the period, either weekly, | 23 |
| bi-weekly, or semi-monthly,
designated by the day or temporary | 24 |
| laborer in accordance with the
Illinois Wage Payment
and | 25 |
| Collection Act. Vouchers or any other method of payment which | 26 |
| is not generally negotiable shall be prohibited as a method of |
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| payment of wages. Day and temporary labor service agencies that
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| make daily wage
payments shall provide written notification to | 3 |
| all day or temporary
laborers of the right to
request weekly, | 4 |
| bi-weekly, or semi-monthly checks. The day and temporary
labor | 5 |
| service agency may
provide this notice by conspicuously posting | 6 |
| the notice at the location
where the wages are received by the | 7 |
| day or temporary laborers.
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| (d) No day and temporary labor service agency shall charge | 9 |
| any
day or temporary laborer for
cashing a check issued by the | 10 |
| 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 | 13 |
| the
wage rate stated in the
notice as provided in Section 10 of | 14 |
| this Act for all the work performed on
behalf of the third | 15 |
| party client in addition to the work listed in the
written | 16 |
| description.
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| (f) The total amount deducted for meals, equipment, and | 18 |
| transportation may not cause a day or temporary laborer's | 19 |
| hourly wage to fall below the State or federal minimum wage. | 20 |
| However, a day and temporary labor service agency may deduct | 21 |
| the actual market value of reusable equipment provided to the | 22 |
| day or temporary laborer by the day and temporary labor service | 23 |
| agency which the day or temporary laborer fails to return, if | 24 |
| the day or temporary laborer provides a written authorization | 25 |
| for such deduction at the time the deduction is made. | 26 |
| (g) A day or temporary laborer who is contracted by a day |
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| and temporary labor service agency to work at a third party | 2 |
| client's worksite but is not utilized by the third party client | 3 |
| shall be paid by the day and temporary labor service agency for | 4 |
| a minimum of 4 hours of pay at the agreed upon rate of pay. | 5 |
| However, in the event the day and temporary labor service | 6 |
| agency contracts the day or temporary laborer to work at | 7 |
| another location during the same shift, the day or temporary | 8 |
| laborer shall be paid by the day and temporary labor service | 9 |
| agency for a minimum of 2 hours of pay at the agreed upon rate | 10 |
| of pay.
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| (h) A third party client is required to pay wages and | 12 |
| related payroll taxes to a licensed day and temporary labor | 13 |
| service agency for services performed by the day or temporary | 14 |
| laborer for the third party client according to payment terms | 15 |
| outlined on invoices, service agreements, or stated terms | 16 |
| provided by the day and temporary labor service agency. A third | 17 |
| party client who fails to comply with this subsection (h) is | 18 |
| subject to the penalties provided in Section 70 of this Act. | 19 |
| The Department shall review a complaint filed by a licensed day | 20 |
| and temporary labor agency. The Department shall review the | 21 |
| payroll and accounting records of the day and temporary labor | 22 |
| service agency and the third party client for the period in | 23 |
| which the violation of this Act is alleged to have occurred to | 24 |
| determine if wages and payroll taxes have been paid to the | 25 |
| agency and that the day or temporary laborer has been paid the | 26 |
| wages owed him or her. |
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| (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
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| (820 ILCS 175/70)
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| Sec. 70. Penalties. | 4 |
| (a) A day and temporary labor service agency or third party | 5 |
| client that
violates any
of the provisions of this Act or any | 6 |
| rule adopted under this Act shall be subject to a civil penalty
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| not to exceed $6,000 for
violations found in the first audit by | 8 |
| the
Department. Following a first audit, a day and temporary | 9 |
| labor service agency or third party client shall be subject to | 10 |
| a civil penalty not to
exceed $2,500 for each repeat violation | 11 |
| found
by the Department within 3 years. For purposes of this | 12 |
| subsection, each violation of this Act for each day or | 13 |
| temporary laborer and for each day the violation continues | 14 |
| shall constitute a separate and distinct violation.
In | 15 |
| determining the amount of a penalty, the Director shall
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| consider the appropriateness of the penalty to the
day and | 17 |
| temporary labor service agency or third party client charged, | 18 |
| upon the determination of the
gravity of the violations. For | 19 |
| any violation determined by the Department to be willful which | 20 |
| is within 3 years of an earlier violation, the Department may | 21 |
| revoke the registration of the violator , if the violator is a | 22 |
| day and temporary labor service agency . The
amount of the | 23 |
| penalty, when finally determined, may be:
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| (1) Recovered in a civil action brought by the Director | 25 |
| of Labor in any
circuit court. In this litigation, the |
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| Director of Labor shall be represented
by the Attorney | 2 |
| General.
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| (2) Ordered by the court, in an action brought by any | 4 |
| party for a
violation under this Act,
to
be paid to the | 5 |
| Director of Labor.
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| (b) The Department shall adopt rules for violation hearings | 7 |
| and penalties for violations of this Act or the Department's | 8 |
| rules in conjunction with the penalties set forth in this Act.
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| Any administrative determination by the Department as to | 10 |
| the amount of each
penalty shall be final unless reviewed as | 11 |
| provided in Section 60 of this Act.
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| (Source: P.A. 94-511, eff. 1-1-06.)
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| (820 ILCS 175/95)
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| Sec. 95. Private Right of Action. | 15 |
| (a) A person aggrieved by a violation of this Act or any | 16 |
| rule adopted under this Act by a day and temporary labor | 17 |
| service agency or a third party client may file suit in circuit | 18 |
| court of Illinois, in the county where the alleged offense | 19 |
| occurred or where any day or temporary laborer who is party to | 20 |
| the action resides, without regard to exhaustion of any | 21 |
| alternative administrative remedies provided in this Act. A day | 22 |
| and temporary labor service agency aggrieved by a violation of | 23 |
| this Act or any rule adopted under this Act by a third party | 24 |
| client may file suit in circuit court of Illinois, in the | 25 |
| county where the alleged offense occurred or where the day and |
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| temporary labor service agency which is party to the action is | 2 |
| located. Actions may be brought by one or more day or temporary | 3 |
| laborers for and on behalf of themselves and other day or | 4 |
| temporary laborers similarly situated. A day or temporary | 5 |
| laborer whose rights have been violated under this Act by a day | 6 |
| and temporary labor service agency or a third party client or a | 7 |
| day and temporary labor service agency whose rights have been | 8 |
| violated under this Act by a third party client is entitled to | 9 |
| collect: | 10 |
| (1) in the case of a wage and hour violation, the | 11 |
| amount of any wages, salary, employment benefits, or other | 12 |
| compensation denied or lost to the day or temporary laborer | 13 |
| or day and temporary labor service agency by reason of the | 14 |
| violation, plus an equal amount in liquidated damages; | 15 |
| (2) in the case of a health and safety or notice | 16 |
| violation, compensatory damages and an amount up to $500 | 17 |
| for the violation of each subpart of each Section; | 18 |
| (3) in the case of unlawful retaliation, all legal or | 19 |
| equitable relief as may be appropriate; and | 20 |
| (4) attorney's fees and costs. | 21 |
| (b) The right of an aggrieved person to bring an action | 22 |
| under this Section terminates upon the passing of 3 years from | 23 |
| the final date of employment by the day and temporary labor | 24 |
| agency or the third party client or upon the passing of 3 years | 25 |
| from the date of termination of the contract between the day | 26 |
| and temporary labor service agency and the third party client . |
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| This limitations period is tolled if a day labor employer has | 2 |
| deterred a day and temporary labor service agency or day or | 3 |
| temporary laborer's exercise of rights under this Act by | 4 |
| contacting or threatening to contact law enforcement agencies.
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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 | 7 |
| becoming law.
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