(225 ILCS 515/0.01) (from Ch. 111, par. 900)
Sec. 0.01.
Short title.
This Act may be cited as the
Private Employment Agency Act.
(Source: P.A. 86-1324.)
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(225 ILCS 515/1) (from Ch. 111, par. 901)
Sec. 1. Department of Labor; authority to license employment agencies; unlicensed operation; website listing of agencies; rulemaking authority. (a) It shall be the duty of the Department of Labor and it shall
have power, jurisdiction and authority to issue licenses to employment
agencies or agents, and to refuse to issue licenses whenever, after due
investigation, the Department of Labor finds that the character of the
applicant makes him unfit to be an employment agent, or when the
premises proposed to be used for conducting the business of an
employment agency, is found, upon investigation, to be unfit for such
use. (b) Any such license granted by the Department of Labor may also be
revoked or suspended by it upon due notice to the holder of said license
and upon due cause shown and hearing thereon. Failure to comply with the
duties, terms, rules, conditions or provisions required by any law of
this State governing employment agencies, or with any lawful order of
the Department of Labor, shall be deemed cause to revoke or suspend such
license. (c) It is a violation of this Act to operate a private employment agency without first registering with the Department of Labor and obtaining a license in accordance with Section 1.5 of this Act. The Department has the authority to assess a penalty against any agency that fails to obtain a license from the Department in accordance with this Act or any rules adopted under this Act of $500 for each violation. Each day during which an employment agency operates without a license shall be a separate and distinct violation of the Act. (d) The Department shall create and maintain at regular intervals on its website, accessible to the public: (1) a list of all licensed employment agencies in the | ||
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(2) a list of all employment agencies in the State | ||
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(3) a list of employment agencies in the State whose | ||
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(e) The Department of Labor shall have power, jurisdiction and
authority to fix and order such reasonable rules and regulations for the
conduct of the business of employment agencies, as may be necessary to
carry out the laws relating to employment agencies.
(Source: P.A. 99-422, eff. 1-1-16.)
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(225 ILCS 515/1.1) (was 225 ILCS 515/11)
Sec. 1.1. Definitions. As used in this Act, unless the context
indicates otherwise:
"Employment agency" means any person engaged for gain or profit
in the business of placing, referring, securing, or attempting to secure employment for persons
seeking employment, or in finding employees for employers. However, "employment agency" does not include any person engaged in the business of consulting or recruiting, and who in
the
course of such business is
compensated solely by any employer to identify, appraise, or
recommend
an
individual or individuals who are at least 18 years of age or who hold a high
school diploma for consideration for a position, provided that in no
instance is the individual who is identified, appraised, or recommended for
consideration for such position charged a fee directly or indirectly in
connection with such identification, appraisal, or recommendation, or for
preparation of any resume, or on account of any other personal service
performed by the person engaged in the business of consulting or recruiting; but this exclusion is not applicable to
theatrical employment agencies or domestic service employment agencies.
"Employer" means any person employing or seeking to employ any
person for hire.
"Employee" means any person performing or seeking to perform
work or services of any kind or character whatsoever for hire.
"Person" means any person, firm, association, partnership, limited liability company, association,
corporation, or other legal entity or its legal representatives, agents, or assigns.
"Employment counselor" means an employee of an employment agency
who interviews, counsels, or advises applicants or employers or both on
employment or allied problems, or who makes or arranges contracts or contacts
between employers and employees. "Employment counselor" includes an
employee who solicits orders for employees from prospective employers.
"Acceptance" means a mutual agreement, verbal or written,
between employee and employer as to starting salary, position, and time and
place of employment.
"Applicant" means any person who uses the services of an
employment agency to secure employment for himself.
"Department" means the Department of Labor.
"Director" means the Director of Labor.
"Fee" means money or a promise to pay money. "Fee"
also means the excess of money received by any such licensee
over what he or she has paid for transportation, transfer of baggage, or lodging,
for any applicant for employment. "Fee" also means
the difference between the amount of money received by any person, who
furnishes employees or performers for any entertainment, exhibition or
performance, and the amount paid by the person receiving the amount of
money to the employees or performers whom he or she hires to give such
entertainment, exhibition or performance.
"Privilege" means the furnishing of food,
supplies, tools, or shelter to contract laborers, commonly known as
commissary privileges.
"Theatrical employment agency" means the business
of conducting an agency, bureau, office or any other place for the purpose
of procuring or offering, promising or attempting to provide engagements
for persons who want employment in the following occupations: circus,
vaudeville, theatrical and other entertainment, exhibitions, or
performances, or of giving information as to where such engagements may be
procured or provided, whether such business is conducted in a building, on
the street, or elsewhere.
"Theatrical engagement" means any engagement or
employment of a person as an actor, performer, or entertainer, in a circus,
vaudeville, theatrical or any other entertainment, exhibition, or
performance.
"Emergency engagement" means any engagement that
is to be performed within 24 hours of the time such application was made by
an employer.
"Domestic service" means household work in the home of the
employer and includes, but is not limited to, work as a maid, cook, butler,
gardener, chauffeur, housekeeper, or babysitter.
(Source: P.A. 99-422, eff. 1-1-16; 100-278, eff. 8-22-17.)
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(225 ILCS 515/1.5) Sec. 1.5. Application for license; application fees; disclosure of fees, charges, and commissions; investigation of applicants; renewal of license; changes in structure and management of licensees. (a) The applicant for a license shall furnish to the Department the following: (1) An affidavit stating that he has never been a | ||
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(2) A completed application, on a form provided by | ||
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(3) An application fee. The Director shall adopt | ||
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(4) A schedule of fees, charges, and commissions, | ||
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It shall be unlawful for any employment agency to charge, collect, or receive a greater compensation for any service performed by it than is specified in the schedule filed with the Department. It shall be unlawful for any employment agency to collect or attempt to collect any compensation for any service not specified in the schedule of fees filed with the Department. (b) Upon the filing of such application and supporting documentation, the Department
shall cause an investigation to be made as to the character and the business integrity and financial responsibility of the applicant and those mentioned in the application. The application shall be rejected if the Department finds that any of the persons named in the application fail to demonstrate good moral character, business integrity and financial responsibility, or if there is any good and sufficient reason within the meaning and purpose of this Act for rejecting such application. Unless the application shall be rejected for one or more of the causes specified above, it shall be granted. A detailed report of such investigation and the action taken thereon shall be made in writing, signed by the investigator, and become a part of the official records of the Department. When, at the time of filing the application, the applicant or any person mentioned in the application is employed as an employment counselor by a licensed employment agency in this State, the Department shall notify the agency of this fact. (c) Once issued, a license may be renewed annually by furnishing the Department the required application fee, a letter from a surety stating that a sufficient bond is in force, and other documents necessary to complete the renewal. Failure to renew a license at its expiration date shall cause the license to lapse and it may only be reinstated by a new application. (d) No license shall be transferrable, but a licensee may, with the approval of the Department, make changes in the structure of the business entity operating the agency, but no licensee shall permit any person not mentioned in the original application for a license to become a partner if such agency is a partnership, or an officer of the corporation if such agency is a corporation, unless the written consent of the Department of Labor shall first be obtained. Such consent may be withheld for any reason for which an original application might have been rejected, if the person in question had been mentioned therein. No such change shall be permitted until the written consent of the surety or sureties on the bond required to be filed by Section 2 of this Act, to such change, is filed with the original bond. The Department shall be notified immediately of any change in the management of the agency so that at all times the identity of the person charged with the general management of the agency shall be known by the Department. A licensee may promote persons within its agency or change the titles and duties of existing agency personnel, other than the general manager, without notice to the Department.
(Source: P.A. 99-422, eff. 1-1-16; 100-278, eff. 8-22-17.) |
(225 ILCS 515/2) (from Ch. 111, par. 902)
Sec. 2.
The Department of Labor shall require such person to file
with his application for a license a bond in due form, to the People of
the State of Illinois, for the penal sum of $5,000 with one or more sureties,
to be approved by said
Department of Labor, and conditioned that the obligor will conform to
and not violate any of the duties, terms, conditions, provisions or
requirements of this Act. If any employer, employee or other person
shall be aggrieved by the negligence or misconduct of any such licensee
such person may maintain a civil action in his own name upon the bond of
said employment agency, in the circuit court. Any remedies given by
this section shall not be exclusive of nor bar any other civil action
which a claimant has against such licensee, and in any civil action
brought against an employment agency, in connection with providing
employees for domestic service, for negligence the common law defenses
of contributory negligence and assumption of the risk are abolished.
(Source: P.A. 81-581.)
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(225 ILCS 515/3) (from Ch. 111, par. 903)
Sec. 3. Records. It shall be the duty of every such licensed person to
keep a complete record in the English language of all orders for employees
which are received from prospective employers. Upon request of the Department,
a licensee shall verify the date when the order was received, the name of the
person recording the job order, the name and address of the employer seeking
the services of an employee, the name of the person placing the order, the kind
of employee requested, the qualifications required in the employee, the salary
or wages to be paid if known, and the possible duration of the job. Prior to
the placement of any job advertisement, an employment agency must have a
current, bona fide job order, and must maintain a copy of both the
advertisement and the job order in a register established specially for that
purpose. The term "current, bona fide job order" shall be
defined as a job order obtained by the employment agency within 30 days prior
to the placement of the advertisement. A job order must be renewed after 45
days and must be annotated with the name of the representative of the
prospective employer who authorized the renewal and the date on which
the renewal was authorized.
Such employment agency shall also keep a complete record in the
English language of each applicant to whom employment is offered or
promised and who is sent out by the agency to secure a job or interview.
This record, which shall be called the Applicant's Record, shall contain
the date when the applicant was sent out for the job or interview, the
name of the applicant, the name and address of the person or firm to
whom sent, the type of job offered and the wages or salary proposed to
be paid if known.
The agency shall also keep a record of all payments to it of any and
all placement fees received and refunded. This record shall be called a
Fee Transaction record. It shall contain the date of each transaction,
the name of the person making the remittance, the amount paid, a
designation indicating whether the amount paid is in full or on account,
the receipt number and the date and the amount of any refund.
Notwithstanding the provisions of this Act concerning the records
required to be kept by employment agencies, the Director of Labor may by
regulation permit teachers' agencies, medical agencies, nurses'
registries, theatrical agencies, contract labor agencies, baby sitter
agencies and such other agencies of a like nature who serve the needs of
a specialized class of workers, to keep such records concerning job
orders, listing of placed applicants, listing of available applicants
and payments of fees by either the employer or the employee as the
Department by regulation may approve.
The aforesaid records shall be kept in the agency for 3 years and shall
be open during office hours to inspection by the Department and its duly
qualified agents, or produced in response to a subpoena issued by the Attorney General in accordance with Section 10-104 of the Illinois Human Rights Act. No such licensee, or his employee, shall knowingly make
any false entry in such records. It is a violation of this Act to falsify or fail to keep any of the aforesaid records.
(Source: P.A. 99-422, eff. 1-1-16.)
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(225 ILCS 515/4) (from Ch. 111, par. 904)
Sec. 4.
It shall be unlawful for any person to act as an employment counselor, or to advertise, or assume to act as an employment counselor, without first obtaining a license as such employment counselor, from the Department of Labor. It shall be unlawful for any
person to engage in, operate or carry on the business of an employment
agency unless each employee of such agency, who furnishes information to
any person as to where employees or employment may be obtained or found,
is a licensed employment counselor. Where the license to conduct an
employment agency is issued to a corporation and any officer of the
corporation performs any function defined as those to be performed by an
employment counselor, he shall be considered an employee of the
corporation and shall be required to secure a license as an employment counselor.
Every person who desires to obtain a license, as employment
counselor, shall apply therefor to the Department of Labor, in writing,
upon application blanks prepared and furnished by the Department of
Labor. Each applicant shall set out in said application blanks such
information as the Department may require, and said applications shall
be accompanied by a permit fee of $50 and the affidavits of two persons
of business or professional integrity. Such affiants shall state
that they have known the applicant for a period of two years and that
the applicant is a person of good moral character.
The Department shall issue to such person a temporary permit to act
as an employment counselor which permit shall be valid for 90 days
pending examination of such person when:
(a) the applicant is employed by an employment | ||
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(b) the applicant declares under oath his intention | ||
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Commencing January 1, 1974 the Department shall not issue a license
to act as an employment counselor to any person not previously licensed
as such employment counselor on such date unless he has taken and
successfully completed a written examination based upon this Act. The
Department of Labor shall conduct such examination at such times and
places as it shall determine, but not less than once each month. The
examination shall test the applicant's knowledge of the employment
agency law, pertinent labor laws and laws against discrimination in
employment. Upon successful completion of the written examination and
providing the requirements of this Section are met, the Department shall
issue a license to act as an employment counselor and no additional
licensing fee shall be required.
In the event of failure to appear for the examination as scheduled or
if the applicant appears and fails to pass, such person shall pay a fee
of $10 for rescheduling at a later date. No person may be rescheduled for
examination more than twice in any calendar year except in the event
that he has failed to appear for examination and such failure to appear
was not willful but was the result of illness of the applicant or a
member of his immediate family or of some other emergency.
The Department of Labor may require such other proof as to the
honesty, truthfulness and integrity of the applicant, as may be deemed
necessary and desirable. If the applicant is shown to be honest,
truthful and of known integrity, and has successfully completed the
written examination required under this Section, the Department of Labor
shall issue a license, which license shall set out the true name and
address of the applicant, the name of the Employment agency by whom he
is employed, and such additional information as the Department may prescribe.
The license issued shall authorize the person named therein to act as an
employment counselor. Such license may be renewed at the end of each year
by the payment of a renewal fee of $25.
The applicant must furnish satisfactory proof to the Department that
he has never been a party to any fraud, has no jail record, belongs to no
subversive societies and is of good moral character and business integrity.
In determining honesty, truthfulness, integrity, moral character
and business integrity under this Section, the Department may take into
consideration any felony conviction of the applicant, but such a conviction
shall not operate as a bar to licensing.
The license of the employment counselor shall be mailed to the employment
agency by which he is employed, and shall be kept in the office of such
agency and produced for inspection by any agent of the Department of Labor,
at any time during business hours.
The Department of Labor, upon its own motion, or upon the filing of a verified
complaint with the department, by any person, accompanied by such evidence,
documentary or otherwise, as makes out a prima facie case that the licensee
is unworthy to hold a license, shall notify the employment counselor in
writing that the question of his honesty, truthfulness,
integrity, moral character, business integrity or felony conviction
is to be reopened and determined, de novo. This notice shall be served
by delivering a copy to the licensed person, or by mailing a copy to him,
by registered mail, at his last known business address. Thereupon, the Department
of Labor shall require further proof of the licensee's honesty,
truthfulness, integrity, moral character and business integrity,
and if the proof is not satisfactory to the Department of Labor, it shall
revoke his license.
If any employment counselor is discharged or terminates his employment
with the agency by which he is employed, such agency shall immediately deliver,
or forward by mail, the employment counselor's
license, to the Department of Labor, together with the reasons for his
discharge, if he was discharged. Failure to state that the employment counselor
was discharged will be conclusively presumed to indicate that
he terminated his services voluntarily. Thereafter, it shall be unlawful
for the employment counselor to exercise any rights or privileges under
such license, unless the Department of Labor transfers his license to
another employment agency.
Each employment counselor shall notify the Department of Labor of
any change in his residence address. Failure to give such notice shall
automatically work a revocation of his license.
The Department may refuse to issue or may suspend the license
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
Any person who violates any provisions of this section or who
testifies falsely as to any matter required by the provisions of this
section or of this Act, is guilty of a Class B misdemeanor.
(Source: P.A. 100-278, eff. 8-22-17.)
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(225 ILCS 515/5) (from Ch. 111, par. 905)
Sec. 5.
No such licensee shall charge a registration fee without
having first obtained a permit to charge such registration fee from the
Department of Labor. Any such licensee desiring to charge a registration
fee shall make application in writing to the Department of Labor, and
shall set out in the application the type of applicants from whom they
intend to accept a registration fee, the amount of the fee to be
charged, and shall furnish any other information on the subject that the
Department of Labor may deem necessary to enable it to determine whether
the agency's business methods and past record entitle the agency to a
permit.
It is the duty of the Department of Labor to make an investigation,
upon receipt of the application, as to the truthfulness of the
application and the necessity of the charge of a registration fee; and
if it is shown that the agency's method of doing business is of such a
nature that a permit to charge a registration fee is necessary, and that
the agency's record has been reasonable and fair, then the Department of
Labor shall grant a permit to such agency. Such permit shall remain in
force until revoked for cause. No permit shall be granted until after 10
days from the date of filing of the application.
When a permit is granted, such licensed person may charge a
registration fee not to exceed $4. In all such cases a complete record
of all such registration fees and references of applicants shall be kept
on file, which record shall, during all business hours, be open for the
inspection of the Department of Labor. It is the duty of such licensee
to communicate in writing with at least 2 of the persons mentioned as
reference by every applicant from whom a registration fee is accepted.
Failure on the part of a licensee to make such investigation shall be
deemed cause to revoke the permit to charge a registration fee. For such
registration fee a receipt shall be given to the applicant for employees
or employment, and shall state therein the name of such applicant, date
and amount of payment, the character of position or employee applied
for, and the name and address of such agency. If no position has been
furnished by the licensed agency to the applicant, then the registration
fee shall be returned to the applicant on demand after 30 days and
within 6 months from the date of receipt thereof, less the amount that
has been actually expended by the licensee in checking the references of
the applicant, and an itemized account of such expenditures shall be
presented to the applicant on request at the time of returning the
unused portion of such registration fee.
Any such permit granted by the Department of Labor may be revoked by
it upon due notice to the holder of said permit and due cause shown and
hearing thereon.
No such licensee shall, as a condition to registering or obtaining
employment for such applicant, require such applicant to subscribe to
any publication or to any postal card service, or advertisement, or
exact any other fees, compensation or reward, (except that in the case
of applicants for positions paying salaries of $5,000 or more per annum,
where the agency has secured from the Department of Labor a permit to
furnish a letter service in accordance with regulations of the
department governing the furnishing of such service, a special fee not
to exceed $250, to be credited on the fee charged for any placement
resulting from such letter service, may be charged for furnishing such
letter service) other than the aforesaid registration fee and a further
fee, called a placement fee, the amount of which shall be agreed upon
between such applicant and such licensee to be payable at such time as
may be agreed upon in writing. The employment agency shall furnish to
each applicant a copy of any contract or any form he signs with the
agency regarding the method of payment of the placement or employment
service fee. Such contract or form shall contain the name and address
of such agency, and such other information as the Department of Labor
may deem proper. The contract or form or copy thereof furnished the
applicant must state immediately above, below or close to the place
provided for the signature of the applicant that he has received a copy
of the contract or form and his signature shall acknowledge receipt
thereof. The placement or employment service fee shall not be received
by such licensee before the applicant has accepted a position tendered
by the employer. A copy of each contract or other form to which the
applicant becomes a party with the licensee shall be given to the
applicant by the licensee at the time of executing such contract or
document and on any such form on which the word acceptance appears, and
such contract or other form shall have the definition of acceptance as
defined by this Act printed in not less than 10 point type immediately
following the word acceptance. In the event the position so tendered is
not accepted by or given to such applicant, the licensee shall refund
all fees paid other than the registration fee and special fee aforesaid,
within 3 days of demand therefor. The fee charged for placing an
applicant in domestic service shall be a single fee for each placement
and shall be based upon the applicant's compensation or salary for a
period not to exceed one year.
No such licensee shall send out any applicant for employment unless
the licensee has a bona fide job order for such employment and the job
order is valid in accordance with the renewal requirements of Section 3
of this Act. If no position of the kind applied for was open at the
place where the applicant was directed, then the licensee shall refund
to such applicant on demand any sum paid or expended by the applicant
for transportation in going to and returning from the place, and all
fees paid by the applicant. However, in the event a substitute position
is taken, the fee to be charged shall be computed on the salary agreed
upon for such position.
In addition to the receipt herein provided to be given for a
registration fee, it shall be the duty of such licensee to give to every
applicant for employment or employees from whom other fee, or fees shall
be received, an additional receipt in which shall be stated the name of
the applicant, the amount paid and the date of payment. All such
receipts shall be in duplicate, numbered consecutively, shall contain
the name and address of such agency, and such other information as the
Department of Labor may deem proper. The duplicate receipt shall be kept
on file in the agency for at least one year.
Every such licensee shall give to every applicant, who is sent out
for a job or for an interview with a prospective employer, a card or
printed paper or letter of introduction which shall be called a
"referral slip" containing the name of the applicant, the name and
address of the employer to whom the applicant is sent for employment,
the name and address of the agency, the name of the person referring the
applicant, and the probable duration of the work, whether temporary or
permanent. The referral slip shall contain a blank space in which the
employment counselor shall insert and specify in a prominent and legible
manner whether the employment service fee is to be paid by the applicant
or by the employer, or in the case of a split-fee, the percentage of the
fee to be paid by the applicant and the percentage of the fee to be paid
by the employer, or shall state whether the fee is to be negotiable
between the employer and the employee. A duplicate of all such referral
slips shall be kept on file in the agency for a period of one year. In
the event that the applicant is referred to a job or to a prospective
employer by telephone, the referral slip shall be mailed to
the applicant and to the prospective employer before the close of the
business day on which the telephoned referral was given.
No person shall be sent out for a job or to interview a prospective
employer unless he has been personally interviewed by the agency or has
corresponded with the agency with the purpose of securing employment.
If the employer pays the fee, and the employee fails to remain in the
position for a period of 30 days, such licensee shall refund to the
employer all fees, less an amount equal to 25% of the total salary or
wages paid such employee during the
period of such employment, within 3 days after the licensed person has
been notified of the employee's failure to remain in the employment,
provided such 25% does not exceed the amount charged for a permanent
position of like nature.
If the employee pays the fee and is discharged at any time within 30
days for any reason other than intoxication, dishonesty, unexcused
tardiness, unexcused absenteeism or insubordination, or otherwise fails
to remain in the position for a period of 30 days, through no fault of his
own, such licensee shall refund to the employee all fees less an amount
equal to 25% of the total salary or wages paid such employee during the
period of such employment within 3 days of the time such licensee has
been notified of the employee's failure to remain in the employment,
provided the 25% does not exceed the charge for a permanent position of
like nature. All refunds shall be in cash or negotiable check.
If the employee has promised his prospective employer to report to
work at a definite time and place and then fails to report to work, such
circumstances shall be considered prima facie evidence that the employee
has accepted the employment offered.
Where a dispute concerning a fee exists, the department may conduct a
hearing to determine all facts concerning the dispute and shall after
such hearing make such recommendations concerning such dispute as shall
be reasonable.
Every such licensee shall post in a conspicuous place in the main
room of the agency sections of this Act as required by the Department of
Labor, to be supplied by the Department of Labor, and shall also post
his license in the main room of the agency.
Every such licensee shall furnish the Department of Labor, under
rules to be prescribed by such Department, annual statements showing the
number and character of placements made.
(Source: P.A. 100-278, eff. 8-22-17.)
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(225 ILCS 515/5.1) (from Ch. 111, par. 905.1)
Sec. 5.1.
Any employment agency which derives no placement fees from applicants
may act with the same rights and powers as persons who are not an employment
agency as defined in this Act:
(a) with regard to contacting prospective and existing applicants; and
(b) with respect to identifying themselves and advertising their services
to the public but must state in the advertising that the employment agency
is acting as the agency or representative of an employer.
(c) any licensed employment agency which places an individual with an employer
and accepts a fee for the placement and recontacts that individual for the
purpose of replacing the individual with another employer shall be subject
to a hearing by the Illinois Department of Labor which may result in the
revocation of the employment agency's license.
(Source: P.A. 81-581.)
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(225 ILCS 515/6) (from Ch. 111, par. 906)
Sec. 6.
No such licensee shall by himself or by his agent, or agents,
solicit, persuade or induce any employee to leave any employment in which
said licensee or his agent has placed said employee; nor shall any such
licensee or any of his agents, solicit, persuade or induce any employer to
discharge any employee; nor shall any such licensee or his agents divide,
or offer to divide or share, directly or indirectly, any fee, charge or
compensation received, or to be received, from any employee with any
employer or person in any way connected with the business thereof. No
licensee shall give or promise to give anything of value to any employer or
applicant for employment if contingent upon the
use of the services of his
employment agency. Provided, however, that nothing herein contained shall
prohibit any licensee from reasonable business entertainment expenses or
distributing without charge items of reasonable value for promotional or
advertisement purposes.
(Source: P.A. 82-465.)
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(225 ILCS 515/7) (from Ch. 111, par. 907)
Sec. 7.
Whenever such licensee, or anyone acting for him, agrees to send one or
more persons to work as contract or railroad laborers, outside the city in
which such agency is located, the said licensee shall give to each of such
laborers, in a language with which such laborers are familiar, a statement
containing the following items: "Name and nature of the work to be
performed," "wages offered," "destination of the person employed," "terms
of transportation and probable duration of employment," and a duplicate of
such statement shall be kept on file in the office of such licensee sending
out such laborers.
No such licensee or his agents shall send any applicant to any place
where a strike, a lock-out or other labor trouble exists, without first
notifying the applicant of such conditions, and shall, in addition thereto,
enter a complete statement of such facts upon the referral slip given to
such applicant.
(Source: Laws 1951, p. 1929.)
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(225 ILCS 515/8) (from Ch. 111, par. 908)
Sec. 8.
Any such licensee conducting a theatrical employment agency, before
making a theatrical engagement, except an emergency engagement, for an
employee with any employer, for services in any such engagement, shall
prepare and file in such agency a written statement signed and verified by
the employment agent of such licensee, setting forth how long said employer
has been engaged in the theatrical business. Every such statement shall be
kept for the period of one year and shall set forth whether or not such
employer, while financially interested in a theatrical business, has failed
to pay salaries, or "left stranded" any company, group or employee during
the two years preceding the date of application; and further, shall set
forth the names of at least two persons as references. If such employer is
a corporation, such statement shall set forth the names of the officers and
directors thereof, the length of time such corporation, or any of its
officers have been engaged in the theatrical business, and the amount of
the paid up capital stock. If the employer conducts a cabaret or
night-club, the agent shall include in such statement the name and address
of the owner or owners, and whether they have failed to pay salaries to
employees within the past two years. If any allegation in such written
verified statement is made upon information or belief, the person verifying
this statement shall set forth the sources of his information or belief.
Such statement so on file shall be kept for the benefit of any employees
whose services are sought by any such employers.
Every such licensee conducting a theatrical employment agency who shall
procure for or offer to an applicant a theatrical engagement, or any kind
of employment as an entertainer, shall have executed in triplicate a
contract containing the name and address of the applicant, the name and
address of the employer and that of the employment agency acting for such
employer, in employing or furnishing such applicant for employment, the
character of the entertainment to be given, or services to be rendered, the
number of performances to be given per day or per week, by whom the
transportation, if any, is to be paid, and if it is to be paid by the
applicant either the cost of the transportation between the places where
said entertainment or services are to be given or rendered, or the average
cost of such transportation. Said contract shall state from whom said
applicant is to receive his or her salary, the amount of salary promised
and the gross commissions or fees are to be paid by said applicant and to
whom such gross commissions or fees to be paid. The original contract shall
be given to the applicant for employment, the duplicate contract shall be
given to the employer and the triplicate contract shall be kept on file in
the office of the agency for a period of one year.
(Source: Laws 1951, p. 1929.)
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(225 ILCS 515/9.1) (from Ch. 111, par. 909.1)
Sec. 9.1.
Every employment agency licensed under this Act which provides
employees for domestic service shall require that all such employees
receive an annual physical examination, which complies with the rules of
the Department of Labor, to safeguard the health of employers and their
families from communicable diseases.
(Source: P.A. 80-1370.)
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(225 ILCS 515/10) (from Ch. 111, par. 910)
(Text of Section before amendment by P.A. 103-721)
Sec. 10.
Licensee prohibitions.
No licensee shall send or cause to be
sent any female help or
servants, inmate, or performer to enter any questionable place, or place
of bad repute, house of ill-fame, or assignation house, or to any house or
place of amusement kept for immoral purposes, or place resorted to for the
purpose of prostitution or gambling house, the character of which licensee
knows either actually or by reputation.
No licensee shall permit questionable characters, prostitutes, gamblers,
intoxicated persons, or procurers to frequent the agency.
No licensee shall accept any application for employment made by or on
behalf of any child, or shall place or assist in placing any such child in
any employment whatever, in violation of the Child Labor Law. A violation of any provision of this Section shall be
a Class A misdemeanor.
No licensee shall publish or cause to be published any fraudulent or
misleading notice or advertisement of its employment agencies
by means of
cards, circulars, or signs, or in newspapers or other publications; and all
letterheads, receipts, and blanks shall contain the full name and address
of the employment agency and licensee shall state in all notices
and
advertisements the fact that licensee is, or conducts, a private employment
agency.
No licensee shall print, publish, or paint on any sign or
window, or insert
in any newspaper or publication, a name similar to that of the Illinois
Public Employment Office.
No licensee shall print or stamp on any receipt or on any contract used
by that agency any part of this Act, unless the entire
Section from which
that part is taken is printed or stamped thereon.
All written communications sent out by any licensee, directly or
indirectly, to any person or firm with regard to employees or employment
shall contain therein definite information that such person is a private
employment agency.
No licensee or his or her employees shall knowingly give any false or
misleading information, or make any false or misleading promise to any
applicant who shall apply for employment or employees.
(Source: P.A. 90-372, eff. 7-1-98.)
(Text of Section after amendment by P.A. 103-721) Sec. 10. Licensee prohibitions. No licensee shall send or cause to be sent any female help or servants, inmate, or performer to enter any questionable place, or place of bad repute, house of ill-fame, or assignation house, or to any house or place of amusement kept for immoral purposes, or place resorted to for the purpose of prostitution or gambling house, the character of which licensee knows either actually or by reputation. No licensee shall permit questionable characters, prostitutes, gamblers, intoxicated persons, or procurers to frequent the agency. No licensee shall accept any application for employment made by or on behalf of any child, or shall place or assist in placing any such child in any employment whatever, in violation of the Child Labor Law of 2024. A violation of any provision of this Section shall be a Class A misdemeanor. No licensee shall publish or cause to be published any fraudulent or misleading notice or advertisement of its employment agencies by means of cards, circulars, or signs, or in newspapers or other publications; and all letterheads, receipts, and blanks shall contain the full name and address of the employment agency and licensee shall state in all notices and advertisements the fact that licensee is, or conducts, a private employment agency. No licensee shall print, publish, or paint on any sign or window, or insert in any newspaper or publication, a name similar to that of the Illinois Public Employment Office. No licensee shall print or stamp on any receipt or on any contract used by that agency any part of this Act, unless the entire Section from which that part is taken is printed or stamped thereon. All written communications sent out by any licensee, directly or indirectly, to any person or firm with regard to employees or employment shall contain therein definite information that such person is a private employment agency. No licensee or his or her employees shall knowingly give any false or misleading information, or make any false or misleading promise to any applicant who shall apply for employment or employees.(Source: P.A. 103-721, eff. 1-1-25.)
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(225 ILCS 515/10.1) (from Ch. 111, par. 911)
Sec. 10.1.
Farmworkers.
The Department of Labor shall proscribe the
recruitment by
private
employment agencies of farmworkers
unless the private
employment agency files a statement with the Department of Labor setting
forth the terms and conditions, and the existence of any strike or other
concerted stoppage, slowdown, or interruption of
operations by employees of the prospective employer at the site of the
proposed employment, directly relating to
the employment offered to the farmworkers so
recruited.
A copy of the statement in English and the language in which the
farmworker is fluent shall be given to each farmworker prior to
recruitment by the private employment agencies so recruiting.
The statement shall be made on a form provided to private
employment agencies by the Job Service on
request.
As used in this Section and Section 10.2, "farmworker" means any
person who moves seasonally from one place to another, within or
without the State, for the purpose of obtaining employment relating
to the planting, raising, or harvesting of any agricultural or
horticultural commodities, or the handling, packing, or processing
of those commodities on the farm where produced or at the place of
first processing after leaving that farm.
(Source: P.A. 90-372, eff. 7-1-98.)
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(225 ILCS 515/10.2) (from Ch. 111, par. 912)
Sec. 10.2.
Each employee recruited pursuant to Section 10.1 shall be provided by
the employment agency with a written summary of the laws of the State of
Illinois relevant to his employment. The summary shall be both in English
and
the language in which such employee is fluent.
The summary shall include, but not be limited to, explanations
of Illinois law regarding payments of wages, wage assignments, wage
deduction orders and migrant labor camps.
(Source: P.A. 79-902.)
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(225 ILCS 515/10.3) (from Ch. 111, par. 913)
Sec. 10.3.
Each employment agency shall transmit to the Attorney General of the
State of Illinois and the appropriate State's Attorney allegations of
violations of Sections 10.1 and 10.2. Any such violation shall be a Class A
misdemeanor.
(Source: P.A. 79-902.)
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(225 ILCS 515/11) (from Ch. 111, par. 914)
(This Section was renumbered Section 1.1 by P.A. 100-278) Sec. 11. (Renumbered).
(Source: P.A. 99-422, eff. 1-1-16. Renumbered by P.A. 100-278, eff. 8-22-17.)
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(225 ILCS 515/12) (from Ch. 111, par. 915)
Sec. 12. Enforcement of Act; hearing procedure; disciplinary actions; certification of records and costs; action to force compliance with a valid order. (a) The enforcement of this Act shall be entrusted to the Department of
Labor, which shall appoint such inspectors and officers as it may deem
necessary to carry out the provisions of this Act. The Director of Labor or his authorized representative shall have the power to conduct investigations in connection with the administration and enforcement of this Act, and any investigator with the Department shall be authorized to visit and inspect such places and records as the Director of Labor may deem necessary or appropriate to determine if there has been a violation of this Act. (b) The Director of Labor
or his designated representative shall have the power and authority to conduct
hearings in accordance with "The Illinois Administrative Procedure Act",
as now or hereafter amended, subject to appropriation and upon complaint by an authorized officer of
the Department of Labor or any interested person of a violation of the Act
or the rules and regulations of the Department of Labor.
The Director of Labor or his duly qualified
assistants shall have the power to issue subpoenas requiring the
attendance of witnesses and the production of books and papers pertinent
to such hearing, and to administer oaths to such witnesses. If any
witness refuses to obey a subpoena issued hereunder, the Director of
Labor may petition the circuit court of the county in which the hearing
is held for an order requiring the witness to attend and testify or
produce documentary evidence. The circuit court shall hear the petition
and if it appears that the witness should testify or should produce
documentary evidence, it may enter an order requiring the witness to
obey the subpoena. The court may compel obedience by attachment
proceedings as for contempt of court. A calendar of all such hearings
shall be kept by the Department of Labor, and shall be posted in a
conspicuous place in its public office for at least one day before the
date of such hearing. (c) After the hearing, if supported by the evidence, the
Director of Labor may: (1) issue and cause to be served on any party to a | ||
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(2) take such further affirmative or other action as | ||
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(3) refuse to issue and may revoke or suspend any | ||
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(4) determine the amount of any civil penalty | ||
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Whenever the Director
of Labor shall issue an order after hearing as provided in this Section,
the determination shall be reviewable
under and in accordance with
the provisions of the
Administrative Review Law. (d) The Department
shall certify the record of its proceedings if the party commencing the
proceedings shall pay to it the cost of preparing and certifying such
records, including the recording and transcribing of all testimony
introduced in the proceedings. If payment for such costs is not made by
the party commencing the proceedings for review within 10 days after
notice from the Department of the cost of preparing and certifying the
record, the court in which the proceeding is pending, on motion of the
Director, shall dismiss the complaint. Whenever, for any cause such
license is revoked, the revocation shall not take effect until 7 days
after such revocation is officially announced; and such revocation shall
be considered good cause for refusing to issue another license to the
person or his representative, or to any person with whom he is to be
associated in the business of furnishing employment or employees. (e)
Whenever it appears that any employment agency has violated a valid order
of the Director of Labor issued under this Act, the Director may commence
an action and obtain from the court an order upon the employment agency
commanding the employment agency to obey the order of the Director or be
adjudged guilty of contempt of court and punished accordingly.
(Source: P.A. 99-422, eff. 1-1-16.)
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(225 ILCS 515/12.1) (from Ch. 111, par. 915.1)
Sec. 12.1.
The Department may refuse to issue or renew, or may suspend,
the license of any person who fails to file a return,
or to pay the tax, penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as required by any tax
Act administered by the Illinois Department of Revenue, until such time as
the requirements of any such tax Act are satisfied.
(Source: P.A. 87-205.)
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(225 ILCS 515/12.2) Sec. 12.2. Civil penalties for violations of the Act; hearing procedure. (a) An employment agency that violates any of the provisions of this Act or any rule adopted under this Act shall be subject to a civil penalty not to exceed $6,000 for violations found in the first audit by the Department. Following a first audit, an employment agency shall be subject to a civil penalty not to exceed $2,500 for each repeat violation found by the Department within 3 years. For purposes of this subsection (a), each violation of this Act, for each day the violation continues, shall constitute a separate and distinct violation. In determining the amount of a penalty, the Director of Labor shall consider the appropriateness of the penalty to the employment agency or employer charged, upon the determination of the gravity of the violations. For any violation determined by the Department to be willful which is within 3 years of an earlier violation, the Department may revoke the license of the violator, if the violator is an employment agency. (b) An employment agency that willfully violates any of the provisions of this Act or any rule adopted under this Act, or obstructs the Department, its inspectors or deputies, or any other person authorized to inspect places of employment under this Act shall be liable for penalties up to double the statutory amount. (c) The Director of Labor may adopt rules in accordance with Section 12 of this Act for the conduct of hearings and collection of penalties assessed under this Section. Penalties assessed under this Section, when determined, may be recovered in a civil action brought by the Director of Labor in any circuit court. In any such action, the Director of Labor shall be represented by the Attorney General.
(Source: P.A. 99-422, eff. 1-1-16.) |
(225 ILCS 515/12.3) Sec. 12.3. Violations of the Illinois Minimum Wage Law and the Wage Payment and Collection Act. (a) It is a violation of this Act for an employment agency to refer an individual for employment at a wage rate less than that established by Section 4 of the Illinois Minimum Wage Law, or to facilitate underpayment of wages by an employer in any manner. An employment agency that knowingly refers an individual for employment at less than the minimum wage that results in underpayment to an employee is jointly liable for statutory damages as provided for in Section 12 of the Illinois Minimum Wage Law. (b) It is a violation of this Act for an employment agency to facilitate illegal deductions from wages or nonpayment of wages by an employer in violation of the Wage Payment and Collection Act. An employment agency that facilitates illegal deduction of wages or nonpayment of wages is jointly liable for statutory damages as provided for in Section 14 of the Wage Payment and Collection Act.
(Source: P.A. 99-422, eff. 1-1-16.) |
(225 ILCS 515/12.4) Sec. 12.4. Employer violations of Act; civil penalties; hearing procedure. (a) An employment agency shall be required to provide each of its employer clients with proof of a valid license issued by the Department at the time of entering into a contract. An employment agency shall be required to notify, both by telephone and in writing, each employer with whom it contracts within 24 hours of any denial, suspension, or revocation of its license by the Department. All contracts between any employment agency and any employer shall be considered null and void from the date any denial, suspension, or revocation of license becomes effective and until such time as the employment agency becomes licensed and considered in good standing by the Department. (b) The Department shall provide on the Internet a list of entities licensed as employment agencies, as provided for in Section 1 of this Act. An employer may rely on information provided by the Department or maintained on the Department's website pursuant to Section 1 of this Act and shall be held harmless if the information maintained or provided by the Department was inaccurate. It is a violation of this Act for an employer to accept a referral of an individual for employment from an employment agency not licensed under Section 1.5 of this Act. If, upon investigation, the Department finds that a violation of this subsection (b) has occurred, for a first violation by an employer, the Department shall provide notice to any employer that it finds is doing business with an unlicensed employment agency. The notice shall identify the unlicensed entity, indicate that any contract between the unlicensed employment agency and the employer client is null and void, provide information regarding the Department's website that lists licensed employment agencies, and inform the employer of penalties for subsequent violations. For a second violation by an employer, or if the first violation is not remedied within 10 days of notice by the Department, the Director may impose a civil penalty of up to $500 for each referral of an individual for employment accepted from an employment agency not licensed under Section 1.5. For any violation by an employer after the second violation, the Director may impose a civil penalty of up to $1,500 for each referral of an individual for employment accepted from an employment agency not licensed under Section 1.5. If the first violation is not remedied within 30 days of notice by the Department, the Director may impose an additional civil penalty of up to $1,500 for every 30 days that passes thereafter. (c) The Director of Labor may adopt rules for the conduct of hearings and collection of these penalties assessed under this Section in accordance with Section 12 of this Act. The amount of these penalties, when finally determined, may be recovered in a civil action brought by the Director of Labor in any circuit court. In any such action, the Director of Labor shall be represented by the Attorney General.
(Source: P.A. 99-422, eff. 1-1-16.) |
(225 ILCS 515/12.5) Sec. 12.5. Employment agency retaliation against employees; civil penalties; right of private suit. (a) It is a violation of this Act for a private employment agency, or any agent of a private employment agency, to retaliate in any manner against any employee for exercising any rights granted under this Act or any rights granted by the wage laws of this State. Specifically, it is a violation of this Act for a private employment agency or employer to retaliate against an employee for: (1) making a complaint to an employment agency, to an | ||
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(2) causing to be instituted any proceeding under or | ||
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(3) testifying or preparing to testify in an | ||
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(b) Such retaliation shall subject an employment agency to civil penalties pursuant to Section 12.1 of this Act. The Director may adopt rules for the conduct of hearings and collection of these penalties assessed under this Section in accordance with Section 12 of this Act. (c) An individual who is retaliated against in violation of this Section may, alternately, bring a private suit to recover all legal or equitable relief as may be appropriate and attorney's fees and costs. Such a suit must be brought in the circuit court of Illinois in the county where the alleged offense occurred or where the employment agency is located. The right of an aggrieved individual to bring an action under this Section terminates upon the passing of 3 years from the date of referral by the employment agency. This limitations period is tolled if the employment agency has deterred the employee's exercise of rights under this Act.
(Source: P.A. 99-422, eff. 1-1-16.) |
(225 ILCS 515/12.6) (Text of Section before amendment by P.A. 103-721) Sec. 12.6. Child Labor and Day and Temporary Labor Services Enforcement Fund. All moneys received as fees and penalties under this Act shall be deposited into the Child Labor and Day and Temporary Labor Services Enforcement Fund and may be used for the purposes set forth in Section 17.3 of the Child Labor Law.
(Source: P.A. 99-422, eff. 1-1-16.) (Text of Section after amendment by P.A. 103-721) Sec. 12.6. Child Labor and Day and Temporary Labor Services Enforcement Fund. All moneys received as fees and penalties under this Act shall be deposited into the Child Labor and Day and Temporary Labor Services Enforcement Fund and may be used for the purposes set forth in Section 75 of the Child Labor Law of 2024.(Source: P.A. 103-721, eff. 1-1-25.) |
(225 ILCS 515/13)
Sec. 13. (Repealed).
(Source: Laws 1967, p. 3860. Repealed by P.A. 100-278, eff. 8-22-17.)
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(225 ILCS 515/14) (from Ch. 111, par. 917)
Sec. 14.
Should one or more of the provisions of this Act be held invalid,
such invalidity shall not affect any of the valid provisions hereof.
(Source: Laws 1935, p. 827.)
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(225 ILCS 515/15) (from Ch. 111, par. 918)
Sec. 15.
An Act relating to private employment agencies and to repeal parts
of a certain Act relating thereto approved June 15, 1909, as amended, is repealed.
(Source: Laws 1935, p. 827.)
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