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Public Act 103-0437 | ||||
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AN ACT concerning regulation.
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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 | ||||
amended by changing Sections 2, 5, 30, 45, 50, 55, 70, and 85 | ||||
and by adding Sections 11, 42, and 67 as follows: | ||||
(820 ILCS 175/2)
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Sec. 2. Legislative Findings.
The General Assembly finds | ||||
as follows: | ||||
Since the passage of this Act, the number of Over 300,000 | ||||
workers who work as day or temporary laborers in Illinois has | ||||
risen from approximately 300,000 to more than 650,000 | ||||
according to data collected by the Department of Labor . | ||||
Since the passage of this Act, the number of Approximately | ||||
150 day labor and temporary labor service agencies registered | ||||
in Illinois has risen from approximately 150 with 600 branch | ||||
offices to over 300 with over 800 branch offices with nearly | ||||
600 branch offices are licensed throughout Illinois . In | ||||
addition, there still exists is a significant large , though | ||||
unknown, number of unregistered unlicensed day labor and | ||||
temporary labor service agencies that operate outside the | ||||
radar of law enforcement. | ||||
Recent studies and a survey of low-wage day or temporary |
laborers themselves have consistently found finds that as a | ||
group, they are particularly vulnerable to abuse of their | ||
labor rights, including unpaid wages, failure to pay for all | ||
hours worked, minimum wage and overtime violations, and | ||
unlawful deductions deduction from pay for meals, | ||
transportation, equipment , and other items. | ||
Current law is inadequate to protect the labor and | ||
employment rights of these workers. | ||
At the same time, in Illinois and in other states, | ||
democratically run nonprofit day labor centers, which charge | ||
no fee for their services, have been established to provide an | ||
alternative for day or temporary laborers to solicit work on | ||
street corners. These centers are not subject to this Act.
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(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/5)
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Sec. 5. Definitions. As used in this Act:
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"Day or temporary laborer" means a natural person who | ||
contracts
for employment
with a day and temporary labor | ||
service agency.
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"Day and temporary labor" means work performed by a day or | ||
temporary laborer at a third party client, the duration of | ||
which may be specific or undefined, pursuant to a contract or | ||
understanding between the day and temporary labor service | ||
agency and the third party client.
"Day and temporary labor" | ||
does not include labor or employment of
a professional or
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clerical nature.
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"Day and temporary labor service agency" means any person | ||
or
entity engaged in
the business of employing day or | ||
temporary laborers to provide
services, for a fee, to or for | ||
any
third party client pursuant to a contract with the day and | ||
temporary
labor service agency and
the third party client.
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"Department" means the Department of Labor.
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"Interested party" means an organization that monitors or | ||
is attentive to compliance with public or worker safety laws, | ||
wage and hour requirements, or other statutory requirements. | ||
"Third party client" means any person that contracts with | ||
a
day and temporary labor
service agency for obtaining day or | ||
temporary laborers.
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"Person" means every natural person, firm, partnership, | ||
co-partnership, limited liability company, corporation, | ||
association, business trust, or other legal entity, or its | ||
legal representatives, agents, or assigns.
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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 175/11 new) | ||
Sec. 11. Right to refuse assignment to a labor dispute. | ||
(a) No day and temporary labor service agency may send a | ||
day or temporary laborer to a place where a strike, a lockout, | ||
or other labor trouble exists without providing, at or before | ||
the time of dispatch, a statement, in writing and in a language | ||
that the day and temporary laborer understands, informing the |
day or temporary laborer of the labor dispute and the day or | ||
temporary laborer's right to refuse the assignment without | ||
prejudice to receiving another assignment. | ||
(b) The failure by a day and temporary labor service | ||
agency to provide any of the information required by this | ||
Section shall constitute a notice violation under Section 95. | ||
The failure of a day and temporary labor service agency to | ||
provide each piece of information required by this Section at | ||
each time it is required by this Section shall constitute a | ||
separate and distinct notice violation. If a day and temporary | ||
labor service agency claims that it has provided a notice as | ||
required under this Section electronically, the day and | ||
temporary labor service agency shall bear the burden of | ||
showing that the notice was provided if there is a dispute.
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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 | ||
laborer with a detailed
itemized
statement, on the day or | ||
temporary laborer's paycheck stub or on a form approved by the | ||
Department, listing the following: | ||
(1) the name, address, and telephone number of each | ||
third party client at which the day or temporary laborer | ||
worked. If this information is provided on the day or | ||
temporary laborer's paycheck stub, a code for each third |
party client may be used so long as the required | ||
information for each coded third party client is made | ||
available to the day or temporary laborer; | ||
(2) the number of hours worked by the day or temporary | ||
laborer at each third party client each day during the pay | ||
period. If the day or temporary laborer is assigned to | ||
work at the same work site of the same third party client | ||
for multiple days in the same work week, the day and | ||
temporary labor service agency may record a summary of | ||
hours worked at that third party client's worksite so long | ||
as the first and last day of that work week are identified | ||
as well. The term "hours worked" has the meaning ascribed | ||
to that term in 56 Ill. Adm. Code 210.110 and in accordance | ||
with all applicable rules or court interpretations under | ||
56 Ill. Adm. Code 210.110; | ||
(3) the rate of payment for each hour worked, | ||
including any premium rate or bonus; | ||
(4) the total pay period earnings; | ||
(5) all deductions made from the day or temporary | ||
laborer's compensation made either by the third party | ||
client or by the day and temporary labor service agency, | ||
and the purpose for which deductions were made, including | ||
for the day or temporary laborer's transportation, food, | ||
equipment, withheld income tax, withheld social security | ||
payments, and every other deduction; and | ||
(6) any additional information required by rules |
issued by the Department.
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(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 to exceed $500 for each violation found by the | ||
Department. Such civil penalty shall may increase to not less | ||
than $500 and not more than $7,500 $2,500 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.
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(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.
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(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
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where the wages are received by the day or temporary laborers.
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(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
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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.
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(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.
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(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.
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(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. 100-517, eff. 6-1-18 .)
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(820 ILCS 175/42 new) | ||
Sec. 42. Equal pay for equal work. A day or temporary | ||
laborer who is assigned to work at a third party client for | ||
more than 90 calendar days shall be paid not less than the rate | ||
of pay and equivalent benefits as the lowest paid directly | ||
hired employee of the third party client with the same level of | ||
seniority at the company and performing the same or | ||
substantially similar work on jobs the performance of which | ||
requires substantially similar skill, effort, and |
responsibility, and that are performed under similar working | ||
conditions. If there is not a directly hired comparative | ||
employee of the third party client, the day or temporary | ||
laborer shall be paid not less than the rate of pay and | ||
equivalent benefits of the lowest paid direct hired employee | ||
of the company with the closest level of seniority at the | ||
company. A day and temporary labor service agency may pay the | ||
hourly cash equivalent of the actual cost benefits in lieu of | ||
benefits required under this Section. Upon request, a third | ||
party client to which a day or temporary laborer has been | ||
assigned for more than 90 calendar days shall be obligated to | ||
timely provide the day and temporary labor service agency with | ||
all necessary information related to job duties, pay, and | ||
benefits of directly hired employees necessary for the day and | ||
temporary labor service agency to comply with this Section. | ||
The failure by a third party client to provide any of the | ||
information required under this Section shall constitute a | ||
notice violation by the third party client under Section 95. | ||
For purposes of this Section, the day and temporary labor | ||
service agency shall be considered a person aggrieved as | ||
described in Section 95.
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(820 ILCS 175/45)
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Sec. 45. Registration; Department of Labor. | ||
(a) A day and temporary
labor service
agency which is | ||
located, operates or transacts business within this State |
shall register with the Department of Labor in accordance with | ||
rules
adopted by the Department for day and temporary labor | ||
service
agencies and shall be subject to this Act and any rules | ||
adopted under this Act. Each day and temporary labor service | ||
agency shall provide proof of an employer account number | ||
issued by the Department of Employment Security for the | ||
payment of unemployment insurance contributions as required | ||
under the Unemployment Insurance Act, and proof of valid | ||
workers' compensation insurance in effect at the time of | ||
registration covering all of its employees. If, at any time, a | ||
day and temporary labor service agency's workers' compensation | ||
insurance coverage lapses, the agency shall have an | ||
affirmative duty to report the lapse of such coverage to the | ||
Department and the agency's registration shall be suspended | ||
until the agency's workers' compensation insurance is | ||
reinstated. The Department may assess each day and temporary | ||
labor service agency a non-refundable
registration fee
not | ||
exceeding $3,000 $1,000 per year per agency and a | ||
non-refundable fee not to exceed $750 $250 for each branch | ||
office or other location where the agency regularly contracts | ||
with day or temporary laborers for services. The fee may be | ||
paid by check, money order, or the State Treasurer's E-Pay | ||
program or any successor program,
and the Department may not | ||
refuse to accept a check on the basis that it is
not a | ||
certified check or a cashier's check. The Department may | ||
charge an
additional fee to be paid by a day and temporary |
labor service agency if the agency, or any person on the
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agency's behalf, issues or delivers a check to the Department | ||
that is not
honored by the financial institution upon which it | ||
is drawn. The Department
shall also adopt rules
for violation
| ||
hearings and penalties for violations of this Act or the | ||
Department's rules
in conjunction with the penalties set forth | ||
in this Act. | ||
(a-1) At the time of registration with the Department of | ||
Labor each year, the day and temporary labor service agency | ||
shall submit to the Department of Labor a report containing | ||
the information identified in paragraph (9) of subsection (a) | ||
of Section 12, broken down by branch office, in the aggregate | ||
for all day or temporary laborers assigned within Illinois and | ||
subject to this Act during the preceding year. This | ||
information shall be submitted on a form created by the | ||
Department of Labor. The Department of Labor shall aggregate | ||
the information submitted by all registering day and temporary | ||
labor service agencies by removing identifying data and shall | ||
have the information available to the public only on a | ||
municipal and county basis. As used in this paragraph, | ||
"identifying data" means any and all information that: (i) | ||
provides specific information on individual worker identity; | ||
(ii) identifies the service agency in any manner; and (iii) | ||
identifies clients utilizing the day and temporary labor | ||
service agency or any other information that can be traced | ||
back to any specific registering day and temporary labor |
service agency or its client. The information and reports | ||
submitted to the Department of Labor under this subsection by | ||
the registering day and temporary labor service agencies are | ||
exempt from inspection and copying under Section 7.5 of the | ||
Freedom of Information Act. | ||
(b) It is a violation of this Act to operate a day and | ||
temporary labor service agency without first registering with | ||
the Department in accordance with subsection (a) of this | ||
Section. The Department shall create and maintain at regular | ||
intervals on its website, accessible to the public: (1) a list | ||
of all registered day and temporary labor service agencies in | ||
the State whose registration is in good standing; (2) a list of | ||
day and temporary labor service agencies in the State whose | ||
registration has been suspended, including the reason for the | ||
suspension, the date the suspension was initiated, and the | ||
date, if known, the suspension is to be lifted; and (3) a list | ||
of day and temporary labor service agencies in the State whose | ||
registration has been revoked, including the reason for the | ||
revocation and the date the registration was revoked. The | ||
Department has the authority to assess a penalty against any | ||
day and temporary labor service agency that fails to register | ||
with the Department of Labor in accordance with this Act or any | ||
rules adopted under this Act of $500 for each violation. Each | ||
day during which a day and temporary labor service agency | ||
operates without registering with the Department shall be a | ||
separate and distinct violation of this Act. |
(c) An applicant is not eligible to register to operate a | ||
day and temporary labor service agency under this Act if the | ||
applicant or any of its officers, directors, partners, or | ||
managers or any owner of 25% or greater beneficial interest: | ||
(1) has been involved, as owner, officer, director, | ||
partner, or manager, of any day and temporary labor | ||
service agency whose registration has been revoked or has | ||
been suspended without being reinstated within the 5 years | ||
immediately preceding the filing of the application; or | ||
(2) is under the age of 18. | ||
(d) Every agency shall post and keep posted at each | ||
location, in a position easily accessible to all employees, | ||
notices as supplied and required by the Department containing | ||
a copy or summary of the provisions of the Act and
a notice | ||
which informs
the public of a toll-free telephone number for | ||
day or temporary laborers
and the public to
file wage dispute | ||
complaints and other alleged violations by
day and temporary | ||
labor service
agencies. Such notices shall be in English or | ||
any other language generally understood in the locale of the | ||
day and temporary labor service agency.
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(Source: P.A. 100-517, eff. 6-1-18 .)
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(820 ILCS 175/50)
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Sec. 50. Violations. The Department shall have the | ||
authority
to deny, suspend, or
revoke the registration of a | ||
day and temporary labor service
agency if warranted by public
|
health and safety concerns or violations of this Act. The | ||
Attorney General, pursuant to its authority under Section 6.3 | ||
of the Attorney General Act, may request that a circuit court | ||
suspend or revoke the registration of a day and temporary | ||
labor service agency when warranted by public health concern | ||
or violations of this Act. The Attorney General shall provide | ||
notice to the Director prior to requesting the suspension or | ||
revocation of the registration of a day and temporary labor | ||
service agency.
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(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/55)
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Sec. 55. Enforcement by the Department . | ||
It shall be the duty of the Department to enforce
the
| ||
provisions
of this Act. The Department 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, at all | ||
reasonable times, any places covered by
this Act and shall be | ||
authorized to inspect, at all reasonable times,
contracts for | ||
the employment of all day or temporary laborers entered into | ||
by
a third party client if the Department has received a
| ||
complaint indicating that the third party client may have | ||
contracted with a
day and
temporary labor service agency that | ||
is not registered under this Act.
The
Department shall conduct | ||
hearings in accordance with the Illinois
Administrative |
Procedure Act
upon written complaint by an investigator of the | ||
Department or any
interested
person of a violation of the Act. | ||
After the hearing, if supported by the
evidence, the
| ||
Department may (i) issue and cause to be served on any party an | ||
order to cease
and desist
from further violation of the Act, | ||
(ii) take affirmative or other action as
deemed reasonable
to | ||
eliminate the effect of the violation, (iii) deny, suspend, or | ||
revoke any
registration under
this Act, and (iv) determine the | ||
amount of any civil penalty allowed by the
Act. The Director of
| ||
Labor or his or her representative may compel, by subpoena, | ||
the attendance and
testimony of
witnesses and the production | ||
of books, payrolls, records, papers, and other
evidence in any
| ||
investigation or hearing and may administer oaths to | ||
witnesses. Nothing in
this Act applies to labor or employment | ||
of a clerical or professional nature.
| ||
(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
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(820 ILCS 175/67 new) | ||
Sec. 67. Action for civil penalties brought by an | ||
interested party. | ||
(a) Upon a reasonable belief that a day and temporary | ||
labor service agency or a third party client covered by this | ||
Act is in violation of any part of this Act, an interested | ||
party may initiate a civil action in the county where the | ||
alleged offenses occurred or where any party to the action | ||
resides, asserting that a violation of the Act has occurred, |
pursuant to the following sequence of events: | ||
(1) The interested party submits to the Department of | ||
Labor a complaint describing the violation and naming the | ||
day or temporary labor service agency or third party | ||
client alleged to have violated this Act. | ||
(2) The Department sends notice of complaint to the | ||
named parties alleged to have violated this Act and the | ||
interested party. The named parties may either contest the | ||
alleged violation or cure the alleged violation. | ||
(3) The named parties contest or cure the alleged | ||
violation within 30 days after the receipt of the notice | ||
of complaint or, if the named party does not respond | ||
within 30 days, the Department issues a notice of right to | ||
sue to the interested party as described in paragraph (4). | ||
(4) The Department issues a notice of right to sue to | ||
the interested party, if one or more of the following has | ||
occurred: | ||
(i) the named party has cured the alleged | ||
violation to the satisfaction of the Director; | ||
(ii) the Director has determined that the | ||
allegation is unjustified or that the Department does | ||
not have jurisdiction over the matter or the parties; | ||
or | ||
(iii) the Director has determined that the | ||
allegation is justified or has not made a | ||
determination, and either has decided not to exercise |
jurisdiction over the matter or has concluded | ||
administrative enforcement of the matter. | ||
(b) If within 180 days after service of the notice of | ||
complaint to the parties, the Department has not (i) resolved | ||
the contest and cure period, (ii) with the mutual agreement of | ||
the parties, extended the time for the named party to cure the | ||
violation and resolve the complaint, or (iii) issued a right | ||
to sue letter, the interested party may initiate a civil | ||
action for penalties. The parties may extend the 180-day | ||
period by mutual agreement. The limitations period for the | ||
interested party to bring an action for the alleged violation | ||
of the Act shall be tolled for the 180-day period and for the | ||
period of any mutually agreed extensions. At the end of the | ||
180-day period, or any mutually agreed extensions, the | ||
Department shall issue a right to sue letter to the interested | ||
party. | ||
(c) Any claim or action filed under this Section must be | ||
made within 3 years of the alleged conduct resulting in the | ||
complaint plus any period for which the limitations period has | ||
been tolled. | ||
(d) In an action brought pursuant to this Section, an | ||
interested party may recover against the covered entity any | ||
statutory penalties set forth in Section 70 and injunctive | ||
relief. An interested party who prevails in a civil action | ||
shall receive 10% of any statutory penalties assessed, plus | ||
any attorneys' fees and expenses in bringing the action. The |
remaining 90% of any statutory penalties assessed shall be | ||
deposited into the Child Labor and Day and Temporary Labor | ||
Services Enforcement Fund and shall be used exclusively for | ||
the purposes set forth in Section 17.3 of the Child Labor Law.
| ||
(820 ILCS 175/70)
| ||
Sec. 70. Penalties. | ||
(a) A day and temporary labor service agency or third | ||
party client that
violates any
of the provisions of this Act or | ||
any rule adopted under this Act shall be subject to a civil | ||
penalty of not less than $100 and
not more than $18,000 to | ||
exceed $6,000 for
violations found in the first audit by the
| ||
Department or determined by a court in a civil action brought | ||
by an interested party, or determined by a court in a civil | ||
action brought by the Attorney General pursuant to its | ||
authority under Section 6.3 of the Attorney General Act . | ||
Following a first audit or civil action , a day and temporary | ||
labor service agency or third party client shall be subject to | ||
a civil penalty of not less than $250 and not more than $7,500 | ||
to
exceed $2,500 for each repeat violation found
by the | ||
Department or circuit court within 3 years. For purposes of | ||
this subsection, each violation of this Act for each day or | ||
temporary laborer and for each day the violation continues | ||
shall constitute a separate and distinct violation.
In | ||
determining the amount of a penalty, the Director or circuit | ||
court shall
consider the appropriateness of the penalty to the
|
day and temporary labor service agency or third party client | ||
charged, upon the determination of the
gravity of the | ||
violations. For any violation determined by the Department or | ||
circuit court to be willful which is within 3 years of an | ||
earlier violation, the Department may revoke the registration | ||
of the violator, if the violator is a day and temporary labor | ||
service agency. The
amount of the penalty, when finally | ||
determined, may be:
| ||
(1) Recovered in a civil action brought by the | ||
Director of Labor in any
circuit court. In this | ||
litigation, the Director of Labor shall be represented
by | ||
the Attorney General.
| ||
(2) Ordered by the court, in an action brought by any | ||
party , including the Attorney General pursuant to its | ||
authority under Section 6.3 of the Attorney General Act, | ||
for a
violation under this Act,
to
be paid to the Director | ||
of Labor.
| ||
(b) The Department shall adopt rules for violation | ||
hearings and penalties for violations of this Act or the | ||
Department's rules in conjunction with the penalties set forth | ||
in this Act.
| ||
Any administrative determination by the Department as to | ||
the amount of each
penalty shall be final unless reviewed as | ||
provided in Section 60 of this Act.
| ||
(Source: P.A. 96-1185, eff. 7-22-10.)
|
(820 ILCS 175/85)
| ||
Sec. 85. Third party clients. | ||
(a) It is a violation of this Act for a third party client | ||
to enter into a contract for the employment of
day or temporary | ||
laborers with any day and temporary labor service agency
not | ||
registered under Section 45 of this Act.
A third party client | ||
has a duty to verify a day and temporary labor service agency's | ||
status with the Department before entering into a contract | ||
with such an agency, and on March 1 and September 1 of each | ||
year. A day and temporary labor service agency shall be | ||
required to provide each of its third party clients with proof | ||
of valid registration issued by the Department at the time of | ||
entering into a contract. A day and temporary labor service | ||
agency shall be required to notify, both by telephone and in | ||
writing, each day or temporary laborer it employs and each | ||
third party client with whom it has a contract within 24 hours | ||
of any denial, suspension, or revocation of its registration | ||
by the Department. All contracts between any day and temporary | ||
labor service agency and any third party client shall be | ||
considered null and void from the date any such denial, | ||
suspension, or revocation of registration becomes effective | ||
and until such time as the day and temporary labor service | ||
agency becomes registered and considered in good standing by | ||
the Department as provided in Section 50 and Section 55. Upon | ||
request, the Department shall provide to a third party client | ||
a list
of entities registered as day and temporary labor |
service agencies. The
Department shall
provide on the Internet | ||
a list of entities registered as day and temporary
labor | ||
service agencies. A third party client may rely on information | ||
provided by the Department or maintained on the Department's | ||
website pursuant to Section 45 of this Act and shall be held | ||
harmless if such information maintained or provided by the | ||
Department was inaccurate. Any third party client that | ||
violates this provision of the Act is subject to a civil | ||
penalty of not less than $100 and not to exceed $1,500 $500 . | ||
Each day during which a third party client contracts with a day | ||
and temporary labor service agency not registered under | ||
Section 45 of this Act shall constitute a separate and | ||
distinct offense.
| ||
(b) If a third party client leases or contracts with a day | ||
and temporary service agency for the services of a day or | ||
temporary laborer, the third party client shall share all | ||
legal responsibility and liability for the payment of wages | ||
under the Illinois Wage Payment and Collection Act and the | ||
Minimum Wage Law.
| ||
(c) Before the assignment of an employee to a worksite | ||
employer, a day and temporary labor service agency must: | ||
(1) inquire about the client company's safety and | ||
health practices and hazards at the actual workplace where | ||
the day or temporary laborer will be working to assess the | ||
safety conditions, workers tasks, and the client company's | ||
safety program; these activities are required at the start |
of any contract to place day or temporary laborers and may | ||
include visiting the client company's actual worksite. If, | ||
during the inquiry or anytime during the period of the | ||
contract, the day and temporary labor service agency | ||
becomes aware of existing job hazards that are not | ||
mitigated by the client company, the day and temporary | ||
labor service agency must make the client company aware, | ||
urge the client company to correct it, and document these | ||
efforts, otherwise the day and temporary labor service | ||
agency must remove the day or temporary laborers from the | ||
client company's worksite; | ||
(2) provide training to the day or temporary laborer | ||
for general awareness safety training for recognized | ||
industry hazards the day or temporary laborer may | ||
encounter at the client company's worksite. Industry | ||
hazard training must be completed, in the preferred | ||
language of the day or temporary laborer, and must be | ||
provided at no expense to the day or temporary laborer. | ||
The training date and training content must be maintained | ||
by the day and temporary staffing agency and provided to | ||
the day or temporary laborer; | ||
(3) transmit a general description of the training | ||
program including topics covered to the client company, | ||
whether electronically or on paper, at the start of the | ||
contract with the client company; | ||
(4) provide the Department's hotline number for the |
employee to call to report safety hazards and concerns as | ||
part of the employment materials provided to the day or | ||
temporary laborer; and | ||
(5) inform the day or temporary laborer who the day or | ||
temporary laborer should report safety concerns to at the | ||
workplace. | ||
Nothing in this Section shall diminish any existing client | ||
company or a day and temporary labor service agency's | ||
responsibility as an employer to provide a place of employment | ||
free from recognized hazards or to otherwise comply with other | ||
health and safety or employment laws. The client company and | ||
the day and temporary labor service agency are responsible for | ||
compliance with this Section and the rules adopted under this | ||
Section. | ||
(d) Before the day or temporary laborer engages in work | ||
for a client company, the client company must: | ||
(1) document and inform the day and temporary labor | ||
service agency about anticipated job hazards likely | ||
encountered by the day or temporary laborer; | ||
(2) review the safety and health awareness training | ||
provided by the day and temporary labor service agency to | ||
determine if it addresses recognized hazards for the | ||
client company's industry; | ||
(3) provide specific training tailored to the | ||
particular hazards at the client company's worksite; and | ||
(4) document and maintain records of site-specific |
training and provide confirmation that the training | ||
occurred to the day and temporary labor service agency | ||
within 3 business days of providing the training. | ||
(e) If the client company changes the job tasks or work | ||
location and new hazards may be encountered, the client | ||
company must: | ||
(1) inform both the day and temporary labor service | ||
agency and the day or temporary laborer; and | ||
(2) inform both the day and temporary labor service | ||
agency staffing agency and the day or temporary laborer of | ||
job hazards not previously covered before the day or | ||
temporary laborer undertakes the new tasks and update | ||
personal protective equipment and training for the new job | ||
tasks, if necessary. | ||
(f) A day and temporary labor service agency or day or | ||
temporary laborer may refuse a new job task at the worksite | ||
when the task has not been reviewed or if the day or temporary | ||
laborer has not had appropriate training to do the new task. | ||
(g) A client company that supervises a day or temporary | ||
laborer must provide worksite specific training to the day or | ||
temporary laborer and must allow a day and temporary labor | ||
service agency to visit any worksite where the day or | ||
temporary laborer works or will be working to observe and | ||
confirm the client company's training and information related | ||
to the worksite's job tasks, safety and health practices, and | ||
hazards. |
(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2023. |