State of Illinois
92nd General Assembly
Legislation

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92_SB1975enr

 
SB1975 Enrolled                               LRB9212627WHtmA

 1        AN ACT concerning labor.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Finance Act is amended by  changing
 5    Section 5.306 as follows:

 6        (30 ILCS 105/5.306) (from Ch. 127, par. 141.306)
 7        Sec.  5.306.  The Child Labor and Day and Temporary Labor
 8    Services Enforcement Fund.
 9    (Source: P.A. 87-139; 87-895.)

10        Section  7.   The  Prevailing  Wage  Act  is  amended  by
11    changing Sections 4 and 5 as follows:

12        (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
13        Sec. 4. The public body awarding any contract for  public
14    work   or  otherwise  undertaking  any  public  works,  shall
15    ascertain the general prevailing rate of hourly wages in  the
16    locality in which the work is to be performed, for each craft
17    or type of worker or mechanic needed to execute the contract,
18    and where the public body performs the work without letting a
19    contract  therefor,  shall  ascertain  the prevailing rate of
20    wages on a per hour basis in the locality,  and  such  public
21    body  shall specify in the resolution or ordinance and in the
22    call for bids for the contract, that the  general  prevailing
23    rate  of  wages  in  the  locality  for each craft or type of
24    worker or mechanic needed to execute the contract or  perform
25    such work, also the general prevailing rate for legal holiday
26    and  overtime  work,  as ascertained by the public body or by
27    the Department of Labor shall be paid for each craft or  type
28    of  worker  needed to execute the contract or to perform such
29    work, and it shall be mandatory upon the contractor  to  whom
 
SB1975 Enrolled            -2-                LRB9212627WHtmA
 1    the contract is awarded and upon any subcontractor under him,
 2    and  where the public body performs the work, upon the public
 3    body, to pay  not  less  than  the  specified  rates  to  all
 4    laborers,  workers  and  mechanics  employed  by  them in the
 5    execution of the contract or such  work;  provided,  however,
 6    that  if the public body desires that the Department of Labor
 7    ascertain the prevailing rate of wages, it shall  notify  the
 8    Department  of Labor to ascertain the general prevailing rate
 9    of  hourly  wages  for  work  under  contract,  or  for  work
10    performed by a public body  without  letting  a  contract  as
11    required  in  the  locality  in  which  the  work  is  to  be
12    performed,  for  each  craft  or  type  of worker or mechanic
13    needed to execute the contract  or  project  or  work  to  be
14    performed.  Upon  such  notification  the Department of Labor
15    shall ascertain such general prevailing rate  of  wages,  and
16    certify  the  prevailing wage to such public body. The public
17    body awarding the contract shall cause to be inserted in  the
18    contract  a  stipulation to the effect that not less than the
19    prevailing rate of wages as  found  by  the  public  body  or
20    Department  of  Labor  or  determined  by the court on review
21    shall  be  paid  to  all  laborers,  workers  and   mechanics
22    performing  work under the contract. It shall also require in
23    all such contractor's bonds that the contractor include  such
24    provision  as will guarantee the faithful performance of such
25    prevailing wage clause as  provided  by  contract.   All  bid
26    specifications   shall   list  the  specified  rates  to  all
27    laborers, workers and mechanics  in  the  locality  for  each
28    craft  or  type  of  worker or mechanic needed to execute the
29    contract.  If the Department of Labor revises the  prevailing
30    rate  of  hourly  wages  to  be  paid by the public body, the
31    revised rate shall apply to such  contract,  and  the  public
32    body  shall  be responsible to notify the contractor and each
33    subcontractor, of the revised rate. Two or more investigatory
34    hearings under this Section on the issue  of  establishing  a
 
SB1975 Enrolled            -3-                LRB9212627WHtmA
 1    new  prevailing wage classification for a particular craft or
 2    type of worker shall be  consolidated  in  a  single  hearing
 3    before   the  Department.   Such  consolidation  shall  occur
 4    whether each separate investigatory hearing is conducted by a
 5    public  body  or  the  Department.  The  party  requesting  a
 6    consolidated investigatory hearing shall have the  burden  of
 7    establishing  that  there  is  no  existing  prevailing  wage
 8    classification  for the particular craft or type of worker in
 9    any of the localities under consideration.
10    (Source: P.A. 86-799.)

11        (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
12        Sec. 5. The contractor  and  each  subcontractor  or  the
13    officer  of  the  public  body in charge of the project shall
14    keep or cause to be kept,  an  accurate  record  showing  the
15    names  and  occupation of all laborers, workers and mechanics
16    employed by them, in connection with said  public  work,  and
17    showing  also  the  actual  hourly wages paid to each of such
18    persons, which record shall be open at all  reasonable  hours
19    to  the  inspection of the public body awarding the contract,
20    its officers and agents, and to the Director of Labor and his
21    deputies and agents. Any  contractor  or  subcontractor  that
22    maintains  its  principal  place  of business outside of this
23    State shall make the required records or accurate  copies  of
24    those  records  available within this State at all reasonable
25    hours for inspection.
26    (Source: P.A. 81-992.)

27        Section 10.  The Day Labor Services  Act  is  amended  by
28    changing  the title of the Act and Sections 1, 5, 10, 15, 20,
29    25, 30, 35, 40, 45, and 50 and by adding Sections 55, 60, 65,
30    70, 75, and 80 as follows:

31        (820 ILCS 175/Act title)
 
SB1975 Enrolled            -4-                LRB9212627WHtmA
 1        AN ACT in relation to day and temporary labor services.

 2        (820 ILCS 175/1)
 3        Sec. 1.  Short Title.  This Act may be cited as  the  Day
 4    and Temporary Labor Services Act.
 5    (Source: P.A. 91-579, eff. 1-1-00.)

 6        (820 ILCS 175/5)
 7        Sec. 5. Definitions.  As used in this Act:
 8        "Day  or  temporary  laborer"  means a natural person who
 9    contracts for employment  with  a  day  and  temporary  labor
10    service agency.
11        "Day  and temporary labor" means labor or employment that
12    is occasional or irregular at which a person is employed  for
13    not  longer  than  the  time  period required to complete the
14    assignment for which the person  was  hired  and  where  wage
15    payments  are  made  directly  or  indirectly  by the day and
16    temporary labor service agency or the  third  party  employer
17    for  work undertaken by day or temporary laborers pursuant to
18    a contract between the day and temporary labor service agency
19    with the third party employer. "Day and temporary labor" does
20    not include labor or employment of a professional or clerical
21    nature.
22        "Day and temporary labor service agency" means any person
23    or entity  engaged  in  the  business  of  employing  day  or
24    temporary  laborers  to  provide services to or for any third
25    party employer pursuant  to  a  contract  with  the  day  and
26    temporary labor service and the third party employer.
27        "Department" means the Department of Labor.
28        "Third  party  employer"  means any person that contracts
29    with a  day  and  temporary  labor  service  agency  for  the
30    employment of day or temporary laborers.
31    (Source: P.A. 91-579, eff. 1-1-00.)
 
SB1975 Enrolled            -5-                LRB9212627WHtmA
 1        (820 ILCS 175/10)
 2        Sec. 10. Statement.
 3        (a)  Whenever  a  day  and temporary labor service agency
 4    agrees to send  one  or  more  persons  to  work  as  day  or
 5    temporary  laborers,  the  day  and  temporary  labor service
 6    agency shall, upon request by a  day  or  temporary  laborer,
 7    provide   to   the  day  or  temporary  laborer  a  statement
 8    containing the following items: "Name and nature of the  work
 9    to be performed", "wages offered", "destination of the person
10    employed",  "terms of transportation", and whether a meal and
11    equipment is provided, either  by the day and temporary labor
12    service or the third party employer, and the cost of the meal
13    and equipment, if any.
14        (b)  No day and temporary labor service agency  may  send
15    any  day  or temporary laborer to any place where a strike, a
16    lockout,  or  other  labor  trouble  exists   without   first
17    notifying the day or temporary laborer of the conditions.
18        (c)  The  Department shall recommend to day and temporary
19    labor service agencies  that those agencies employ  personnel
20    who  can  effectively  communicate  information  required  in
21    subsections  (a)  and  (b)  to  day  or temporary laborers in
22    Spanish, Polish, or any other language that is generally used
23    in the locale of the day and temporary labor agency.
24    (Source: P.A. 91-579, eff. 1-1-00.)

25        (820 ILCS 175/15)
26        Sec. 15.  Meals.   A  day  and  temporary  labor  service
27    agency  or  a  third party employer shall not charge a day or
28    temporary laborer more than the actual cost of a meal.  In no
29    case  shall  the  purchase  of  a  meal  be  a  condition  of
30    employment for a day or temporary laborer.
31    (Source: P.A. 91-579, eff. 1-1-00.)

32        (820 ILCS 175/20)
 
SB1975 Enrolled            -6-                LRB9212627WHtmA
 1        Sec. 20.  Transportation.   A  day  and  temporary  labor
 2    service agency or a third party employer shall charge no more
 3    than  the actual cost to transport a day or temporary laborer
 4    to or from the designated work site; however, the total  cost
 5    to  each  day or temporary laborer shall not exceed 3% of the
 6    day or temporary laborer's daily wages.   Any  motor  vehicle
 7    that  is  owned  or  operated  by the day and temporary labor
 8    service agency or a third party employer, or a contractor  of
 9    either,  which  is  used  for  the  transportation  of day or
10    temporary   laborers   shall   have   proof   of    financial
11    responsibility  as  provided for in Chapter 8 of the Illinois
12    Vehicle Code.
13    (Source: P.A. 91-579, eff. 1-1-00.)

14        (820 ILCS 175/25)
15        Sec. 25.  Day or temporary laborer  equipment.   For  any
16    safety  equipment,  clothing, accessories, or any other items
17    required by the nature of the work, either by law, custom, or
18    as a requirement of the third party  employer,  the  day  and
19    temporary  labor  service  agency or the third party employer
20    may charge the day or temporary laborer the market  value  of
21    the item temporarily provided to the day or temporary laborer
22    by  the  third party employer if the day or temporary laborer
23    fails to return such items to the third party employer or the
24    day and  temporary  labor  service  agency.   For  any  other
25    equipment,  clothing, accessories, or any other items the day
26    and  temporary  labor  service  agency  makes  available  for
27    purchase, the day or temporary laborer shall not  be  charged
28    more than the actual market value for the item.
29    (Source: P.A. 91-579, eff. 1-1-00.)

30        (820 ILCS 175/30)
31        Sec. 30.  Wage Payment.
32        (a)  At  the  time  of  the  payment  of wages, a day and
 
SB1975 Enrolled            -7-                LRB9212627WHtmA
 1    temporary labor service agency  shall  provide  each  day  or
 2    temporary  laborer  with  an  itemized  statement  showing in
 3    detail each deduction made from the wages.
 4        (b)  A day  and  temporary  labor  service  agency  shall
 5    provide  each  worker  an  annual  earnings  summary within a
 6    reasonable time after the preceding calendar year, but in  no
 7    case  later  than  February  1.   A  day  and temporary labor
 8    service agency shall, at the time of each wage payment,  give
 9    notice  to  day  or temporary laborers of the availability of
10    the annual earnings summary  or  post  such  a  notice  in  a
11    conspicuous place in the public reception area.
12        (c)  At  the request of a day or temporary laborer, a day
13    and temporary labor service agency shall hold the daily wages
14    of the day or temporary laborer and  make  either  weekly  or
15    semi-monthly  payments.   The wages shall be paid in a single
16    check representing the wages earned during the period, either
17    weekly or semi-monthly, designated by the  day  or  temporary
18    laborer  in  accordance  with  the  Illinois Wage Payment and
19    Collection Act.  Day and  temporary  labor  service  agencies
20    that   make   daily   wage  payments  shall  provide  written
21    notification to all day or temporary laborers of the right to
22    request weekly or semi-monthly checks.  The day and temporary
23    labor service agency may provide this notice by conspicuously
24    posting the notice  at  the  location  where  the  wages  are
25    received by the day or temporary laborers.
26        (d)  No  day  and  temporary  labor  service agency shall
27    charge any day or  temporary  laborer  for  cashing  a  check
28    issued  by  the agency for wages earned by a day or temporary
29    laborer who performed work through that agency.
30        (e)  Day or temporary laborers shall be paid no less than
31    the wage rate stated in the notice as provided in Section  10
32    of this Act for all the work performed on behalf of the third
33    party  employer in addition to the work listed in the written
34    description.
 
SB1975 Enrolled            -8-                LRB9212627WHtmA
 1    (Source: P.A. 91-579, eff. 1-1-00.)

 2        (820 ILCS 175/35)
 3        Sec. 35.  Public Access Area.   Each  day  and  temporary
 4    labor  service  agency  shall provide adequate seating in the
 5    public access area of the offices of the agency.  The  public
 6    access area shall be the location for the employment and wage
 7    notices  required  by  Section  10  of  this Act.  The public
 8    access area shall allow for access to restrooms and water.
 9    (Source: P.A. 91-579, eff. 1-1-00.)

10        (820 ILCS 175/40)
11        Sec. 40.  Work Restriction.  No day and  temporary  labor
12    service agency shall restrict the right of a day or temporary
13    laborer  to  accept  a  permanent position with a third party
14    employer to whom  the  day  or  temporary  laborer  has  been
15    referred  for  work or restrict the right of such third party
16    employer to offer such  employment  to  a  day  or  temporary
17    laborer.   Nothing  in  this Section shall restrict a day and
18    temporary labor service agency from receiving a placement fee
19    from  the  third  party  employer  for  employing  a  day  or
20    temporary laborer for whom a contract for work  was  effected
21    by the day and temporary labor service agency.
22    (Source: P.A. 91-579, eff. 1-1-00.)

23        (820 ILCS 175/45)
24        Sec.  45.  Registration;  Department of Labor.  A day and
25    temporary  labor  service  agency  shall  register  with  the
26    Department of Labor in accordance with rules adopted  by  the
27    Department  for day and temporary labor service agencies that
28    operate within the State.  The  Department  may  assess  each
29    agency  a  non-refundable registration fee not exceeding $250
30    per year.  The fee may be paid by check or  money  order  and
31    the  Department may not refuse to accept a check on the basis
 
SB1975 Enrolled            -9-                LRB9212627WHtmA
 1    that it is not a certified check or a cashier's  check.   The
 2    Department  may  charge  an  additional  fee to be paid by an
 3    agency if the agency, or any person on the  agency's  behalf,
 4    issues  or  delivers  a  check  to the Department that is not
 5    honored by the financial institution upon which it is  drawn.
 6    The  Department shall also adopt rules for violation hearings
 7    and penalties for violations of this Act or the  Department's
 8    rules  in  conjunction with the fines and penalties set forth
 9    in this Act.  The Department shall cause to be posted in each
10    agency a notice which  informs  the  public  of  a  toll-free
11    telephone number for day or temporary laborers and the public
12    to  file wage dispute complaints and other alleged violations
13    by day and temporary labor service agencies.
14    (Source: P.A. 91-579, eff. 1-1-00.)

15        (820 ILCS 175/50)
16        Sec. 50.   Violations.  The  Department  shall  have  the
17    authority  to suspend or revoke the registration of a day and
18    temporary labor service agency if warranted by public  health
19    and safety concerns or violations of this Act.
20    (Source: P.A. 91-579, eff. 1-1-00.)

21        (820 ILCS 175/55 new)
22        Sec.  55.  Enforcement.  It  shall  be  the  duty  of the
23    Department  to  enforce  the  provisions  of  this  Act.  The
24    Department shall have the power to conduct investigations  in
25    connection  with  the  administration and enforcement of this
26    Act  and  any  investigator  with  the  Department  shall  be
27    authorized to visit and inspect, at all reasonable times, any
28    places covered by this  Act.  The  Department  shall  conduct
29    hearings  in  accordance  with  the  Illinois  Administrative
30    Procedure  Act  upon  written complaint by an investigator of
31    the Department or any interested person of a violation of the
32    Act. After the hearing, if supported  by  the  evidence,  the
 
SB1975 Enrolled            -10-               LRB9212627WHtmA
 1    Department  may (i) issue and cause to be served on any party
 2    an order to cease and desist from further  violation  of  the
 3    Act,   (ii)  take  affirmative  or  other  action  as  deemed
 4    reasonable to eliminate the effect of  the  violation,  (iii)
 5    deny, suspend, or revoke any registration under this Act, and
 6    (iv) determine the amount of any civil penalty allowed by the
 7    Act.  The  Director of Labor or his or her representative may
 8    compel,  by  subpoena,  the  attendance  and   testimony   of
 9    witnesses  and  the  production  of books, payrolls, records,
10    papers, and other evidence in any  investigation  or  hearing
11    and  may  administer oaths to witnesses.  Nothing in this Act
12    applies to labor or employment of a clerical or  professional
13    nature.

14        (820 ILCS 175/60 new)
15        Sec.  60.  Review  under  Administrative  Review Law. Any
16    party to a proceeding under this Act may apply for and obtain
17    judicial review of an order of the Department  entered  under
18    this   Act   in   accordance   with  the  provisions  of  the
19    Administrative Review Law, and the Department in  proceedings
20    under  the  Act  may  obtain  an order from the court for the
21    enforcement of its order.

22        (820 ILCS 175/65 new)
23        Sec. 65.  Contempt. Whenever it appears that any day  and
24    temporary  labor service agency has violated a valid order of
25    the Department issued under this Act, the Director  of  Labor
26    may  commence  an  action  and obtain from the court an order
27    commanding the day and temporary labor service agency to obey
28    the order of the Department or be adjudged guilty of contempt
29    of court and punished accordingly.

30        (820 ILCS 175/70 new)
31        Sec. 70.  Penalties.  A day and temporary  labor  service
 
SB1975 Enrolled            -11-               LRB9212627WHtmA
 1    agency  that  violates  any  of  the  provisions  of this Act
 2    concerning registration,  transportation,  equipment,  meals,
 3    wages,  or  waiting rooms shall be subject to a civil penalty
 4    not to exceed $500 for any  violations  found  in  the  first
 5    audit  by  the  Department  and  not to exceed $5,000 for any
 6    violations found in the second audit by the Department.   For
 7    any  violations  that  are  found  in  a  third  audit by the
 8    Department that are within 7 years of the earlier violations,
 9    the Department may revoke the registration of  the  violator.
10    In  determining  the  amount of a penalty, the Director shall
11    consider the appropriateness of the penalty to  the  day  and
12    temporary    labor   service   agency   charged,   upon   the
13    determination of the gravity of the violations. The amount of
14    the penalty, when finally determined, may be:
15             (1)  Recovered in a  civil  action  brought  by  the
16        Director   of  Labor  in  any  circuit  court.   In  this
17        litigation, the Director of Labor shall be represented by
18        the Attorney General.
19             (2)  Ordered by the court, in an action  brought  by
20        any  party  for a violation under this Act, to be paid to
21        the Director of Labor.
22        Any administrative determination by the Department as  to
23    the  amount of each penalty shall be final unless reviewed as
24    provided in Section 60 of this Act.

25        (820 ILCS 175/75 new)
26        Sec. 75.  Willful violations. Whoever willfully  violates
27    any  of  the provisions of this Act or any rule adopted under
28    this Act, or whoever obstructs the Department of  Labor,  its
29    inspectors  or  deputies,  or  any other person authorized to
30    inspect places of employment under this Act shall  be  guilty
31    of  a  Class A misdemeanor. Each day during which a violation
32    of  this  Act  continues  shall  constitute  a  separate  and
33    distinct  offense,  and  the  employment  of  any  person  in
 
SB1975 Enrolled            -12-               LRB9212627WHtmA
 1    violation of the Act shall, with respect to  each  person  so
 2    employed,   constitute   a  separate  and  distinct  offense.
 3    Whenever, in the opinion of the Department,  a  violation  of
 4    the  Act  has  occurred,  the  Department  shall  report  the
 5    violation  to  the  Attorney  General of this State who shall
 6    have authority to prosecute all reported violations.

 7        (820 ILCS 175/80 new)
 8        Sec.  80.  Child  Labor  and  Day  and  Temporary   Labor
 9    Enforcement  Fund.  All  moneys  received  as  fees and civil
10    penalties under this Act shall be deposited  into  the  Child
11    Labor and Day and Temporary Labor Enforcement Fund and may be
12    used  for the purposes set forth in Section 17.3 of the Child
13    Labor Law.

14        Section 15.  The Child Labor Law is amended  by  changing
15    Section 17.3 as follows:

16        (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
17        Sec.   17.3.   Any  employer  who  violates  any  of  the
18    provisions of this Act or any rule or regulation issued under
19    the Act shall be subject to a civil penalty of not to  exceed
20    $5,000 for each such violation.  In determining the amount of
21    such penalty, the appropriateness of such penalty to the size
22    of  the  business  of the employer charged and the gravity of
23    the violation  shall  be  considered.   The  amount  of  such
24    penalty, when finally determined, may be
25             (1)  recovered  in  a  civil  action  brought by the
26        Director  of  Labor  in  any  circuit  court,  in   which
27        litigation  the Director of Labor shall be represented by
28        the Attorney General;
29             (2)  ordered by the court, in an action brought  for
30        violation under Section 19, to be paid to the Director of
31        Labor.
 
SB1975 Enrolled            -13-               LRB9212627WHtmA
 1        Any  administrative  determination  by  the Department of
 2    Labor of the amount of each penalty  shall  be  final  unless
 3    reviewed as provided in Section 17.1 of this Act.
 4        Civil  penalties  recovered  under  this Section shall be
 5    paid into  the  Child  Labor  and  Day  and  Temporary  Labor
 6    Enforcement  Fund,  a special fund which is hereby created in
 7    the State treasury.  Moneys Monies in the Fund may  shall  be
 8    used,  subject  to  appropriation,  for  exemplary  programs,
 9    demonstration  projects,  and  other  activities  or purposes
10    related to the enforcement of this Act or for the  activities
11    or  purposes  related  to  the  enforcement  of  the  Day and
12    Temporary Labor Services Act.
13    (Source: P.A. 87-139; 88-365.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming  law,  except that the provisions amending the State
16    Finance Act, the Day Labor Services Act, and the Child  Labor
17    Law take effect on January 1, 2003.

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