(a-1) For each day or temporary laborer who is contracted to work a single day, the third party client shall, at the end of the work day, provide such day or temporary laborer with a Work Verification Form, approved by the Department, which shall contain the date, the day or temporary laborer's name, the work location, and the hours worked on that day. Any third party client who violates this subsection (a-1) may be subject to a civil penalty of not less than $100 and not more than $1,500 for each violation found by the Department. Such civil penalty shall increase to not less than $500 and not more than $7,500 for a second or subsequent violation. For purposes of this subsection (a-1), each violation of this subsection (a-1) for each day or temporary laborer and for each day the violation continues shall constitute a separate and distinct violation.
(b) A day and temporary labor service agency shall provide each
worker an annual
earnings summary within a reasonable time after the preceding calendar
year, but in no case later than February 1. A day and temporary
labor service agency shall,
at the time of each wage payment, give notice to day or temporary laborers
of the
availability of the annual earnings summary or post such a notice in a
conspicuous place in the public reception area.
(c) At the request of a day or temporary
laborer, a day and temporary labor service agency shall
hold the daily wages of the day or temporary laborer and make
either weekly, bi-weekly, or semi-monthly
payments. The wages shall be paid in a single check, or, at the day or temporary laborer's sole option, by direct deposit or other manner approved by the Department, representing
the wages earned during the period, either weekly, bi-weekly, or semi-monthly,
designated by the day or temporary laborer in accordance with the
Illinois Wage Payment
and Collection Act. Vouchers or any other method of payment which is not generally negotiable shall be prohibited as a method of payment of wages. Day and temporary labor service agencies that
make daily wage
payments shall provide written notification to all day or temporary
laborers of the right to
request weekly, bi-weekly, or semi-monthly checks. The day and temporary
labor service agency may
provide this notice by conspicuously posting the notice at the location
where the wages are received by the day or temporary laborers.
(d) No day and temporary labor service agency shall charge any
day or temporary laborer for
cashing a check issued by the agency for wages earned by a
day or temporary laborer who
performed work through that agency. No day and temporary labor service agency or third party client shall charge any day or temporary laborer for the expense of conducting any consumer report, as that term is defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(d), any criminal background check of any kind, or any drug test of any kind.
(e) Day or temporary laborers shall be paid no less than the
wage rate stated in the
notice as provided in Section 10 of this Act for all the work performed on
behalf of the third party client in addition to the work listed in the
written description.
(f) The total amount deducted for meals, equipment, and transportation may not cause a day or temporary laborer's hourly wage to fall below the State or federal minimum wage. However, a day and temporary labor service agency may deduct the actual market value of reusable equipment provided to the day or temporary laborer by the day and temporary labor service agency which the day or temporary laborer fails to return, if the day or temporary laborer provides a written authorization for such deduction at the time the deduction is made.
(g) A day or temporary laborer who is contracted by a day and temporary labor service agency to work at a third party client's worksite but is not utilized by the third party client shall be paid by the day and temporary labor service agency for a minimum of 4 hours of pay at the agreed upon rate of pay. However, in the event the day and temporary labor service agency contracts the day or temporary laborer to work at another location during the same shift, the day or temporary laborer shall be paid by the day and temporary labor service agency for a minimum of 2 hours of pay at the agreed upon rate of pay.
(h) A third party client is required to pay wages and related payroll taxes to a licensed day and temporary labor service agency for services performed by the day or temporary laborer for the third party client according to payment terms outlined on invoices, service agreements, or stated terms provided by the day and temporary labor service agency. A third party client who fails to comply with this subsection (h) is subject to the penalties provided in Section 70 of this Act. The Department shall review a complaint filed by a licensed day and temporary labor agency. The Department shall review the payroll and accounting records of the day and temporary labor service agency and the third party client for the period in which the violation of this Act is alleged to have occurred to determine if wages and payroll taxes have been paid to the agency and that the day or temporary laborer has been paid the wages owed him or her.
(Source: P.A. 103-437, eff. 8-4-23.)
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