|
to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a local |
emergency energy plan ordinance that is adopted under |
Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by wireless |
carriers under the Wireless Emergency Telephone Safety |
Act. |
|
(k) Law enforcement officer identification information |
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the Capital |
Crimes Litigation Act. This subsection (n) shall apply |
until the conclusion of the trial of the case, even if the |
prosecution chooses not to pursue the death penalty prior |
to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Regional Transportation Authority under Section 2.11 of |
|
the Regional Transportation Authority Act or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act. |
(q) Information prohibited from being disclosed by the |
Personnel Records Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act.
|
(t) All identified or deidentified health information |
in the form of health data or medical records contained in, |
stored in, submitted to, transferred by, or released from |
the Illinois Health Information Exchange, and identified |
or deidentified health information in the form of health |
data and medical records of the Illinois Health Information |
Exchange in the possession of the Illinois Health |
Information Exchange Authority due to its administration |
of the Illinois Health Information Exchange. The terms |
"identified" and "deidentified" shall be given the same |
meaning as in the Health Insurance Portability and |
Accountability Act of 1996, Public Law 104-191, or any |
subsequent amendments thereto, and any regulations |
promulgated thereunder. |
(u) Records and information provided to an independent |
team of experts under Brian's Law. |
(v) Names and information of people who have applied |
|
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed Carry |
Licensing Review Board under the Firearm Concealed Carry |
Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of an |
eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
|
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) (dd) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information and reports that are required to be |
submitted to the Department of Labor by registering day and |
temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, |
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; |
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; |
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. |
8-19-16; revised 9-1-16.)
|
Section 5. The Day and Temporary Labor Services Act is |
amended by changing Sections 10, 20, 30, and 45 and by adding |
|
Section 33 as follows:
|
(820 ILCS 175/10)
|
Sec. 10. Employment Notice.
|
(a) Whenever a day and temporary labor service agency |
agrees
to send one or more persons to work as day or temporary |
laborers,
the day and temporary labor service
agency shall |
provide to each day or temporary laborer, at the time of |
dispatch, a
statement containing the following items on a form |
approved by the Department: |
(1) the name of the day or temporary laborer; |
(2) the name and nature of the work to be
performed and |
the types of equipment, protective clothing, and training |
that are required for the task; |
(3) the
wages
offered; |
(4) the name and address of the destination of each day |
or temporary laborer; |
(5) terms of transportation;
and |
(6) whether a meal or equipment, or both, are provided, |
either by the
day and temporary labor service
agency or the |
third party client, and the cost of the meal and equipment, |
if any.
|
If a day or temporary laborer is assigned to the same |
assignment for more than one day, the day and temporary labor |
service agency is required to provide the employment notice |
only on the first day of the assignment and on any day that any |
|
of the terms listed on the employment notice are changed.
|
If the day or temporary laborer is not placed with a third |
party client or otherwise contracted to work for that day, the |
day and temporary labor service agency shall, upon request, |
provide the day and temporary laborer with a confirmation that |
the day or temporary laborer sought work, signed by an employee |
of the day and temporary labor service agency, which shall |
include the name of the agency, the name and address of the day |
or temporary laborer, and the date and the time that the day or |
temporary laborer receives the confirmation.
|
(b) No day and temporary labor service agency may send any
|
day or temporary laborer to any place
where a strike, a |
lockout, or other labor trouble exists.
|
(c) The
Department shall recommend to day and temporary |
labor service
agencies that those agencies
employ personnel who |
can effectively
communicate information required in |
subsections (a) and (b) to day or
temporary laborers in
|
Spanish, Polish, or any other language that is generally |
understood in the locale of
the day and temporary labor service |
agency.
|
(Source: P.A. 99-78, eff. 7-20-15.)
|
(820 ILCS 175/20)
|
Sec. 20. Transportation. |
(a) A day and temporary labor service
agency or a third
|
party client or a contractor or agent of either shall charge no |
|
fee to transport a
day or temporary
laborer to or from the |
designated work site. |
(b) A day and temporary labor service agency is responsible |
for the conduct and performance of any person who transports a |
day or temporary laborer from the agency to a work site, unless |
the transporter is: (1) a public mass transportation system as |
defined in Section 2 of the Local Mass Transit District Act; |
(2) a common carrier; (3) the day or temporary laborer |
providing his or her own transportation; or (4) selected |
exclusively by and at the sole choice of the day or temporary |
laborer for transportation in a vehicle not owned or operated |
by the day and temporary labor service agency. If any day and |
temporary labor service agency provides transportation to a day |
or temporary laborer or refers a day or temporary laborer as |
provided in subsection (c), the day and temporary labor service |
agency may not allow a motor vehicle to be used for the |
transporting of day or temporary laborers if the agency knows |
or should know that the motor vehicle used for the |
transportation of day or temporary laborers is unsafe or not |
equipped as required by this Act or by any rule adopted under |
this Act, unless the vehicle is: (1) the property of a public |
mass transportation system as defined in Section 2 of the Local |
Mass Transit District Act; (2) the property of a common |
carrier; (3) the day or temporary laborer's personal vehicle; |
or (4) a vehicle of a day or temporary laborer used to carpool |
other day or temporary laborers and which is selected |
|
exclusively by and at the sole choice of the day or temporary |
laborer for transportation. |
(c) A day and temporary labor service agency may not refer |
a day or temporary laborer to any person for transportation to |
a work site unless that person is (1) a public mass |
transportation system as defined in Section 2 of the Local Mass |
Transit District Act or (2) providing the transportation at no |
fee. Directing the day or temporary laborer to accept a |
specific car pool as a condition of work shall be considered a |
referral by the day and temporary labor service agency. Any |
mention or discussion of the cost of a car pool shall be |
considered a referral by the agency. Informing a day or |
temporary laborer of the availability of a car pool driven by |
another day or temporary laborer shall not be considered a |
referral by the agency. |
(d) Any
motor vehicle that is owned or operated by the day
|
and temporary labor service agency or a
third party client, or |
a contractor or agent of either, or to which a day and |
temporary labor service agency refers a day or temporary |
laborer, which is used for the
transportation of day or |
temporary laborers shall have proof of
financial |
responsibility as
provided for in Chapter 8 of the Illinois |
Vehicle Code or as required by Department rules. The driver of |
the vehicle shall hold a valid license to operate motor |
vehicles in the correct classification and shall be required to |
produce the license immediately upon demand by the Department, |
|
its inspectors or deputies, or any other person authorized to |
enforce this Act. The Department shall forward a violation of |
this subsection to the appropriate law enforcement authorities |
or regulatory agencies, whichever is applicable.
|
(e) No motor vehicle that is owned or operated by the day |
and temporary labor service agency or a third party client, or |
a contractor or agent of either, or to which a day and |
temporary labor service agency refers a day or temporary |
laborer, which is used for the transportation of day or |
temporary laborers may be operated if it does not have a seat |
and a safety belt for each passenger. The Department shall |
forward a violation of this subsection to the appropriate law |
enforcement authorities or regulatory agencies, whichever is |
applicable.
|
(f) If the day or temporary laborer is provided |
transportation from the point of application to the worksite by |
the hiring labor service agency operating pursuant to this Act, |
the day or temporary laborer shall also be provided |
transportation back to the point of application, unless the day |
or temporary laborer advises or agrees prior to leaving for the |
place of employment to obtain alternative transportation after |
the work shift is completed. |
(Source: P.A. 94-511, eff. 1-1-06.)
|
(820 ILCS 175/30)
|
Sec. 30. Wage Payment and Notice.
|
|
(a) At the time of
payment of wages, a day and temporary
|
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.
|
(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 not to exceed $500 for each violation found by |
the Department. Such civil penalty may increase to $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.
|
(b) A day and temporary labor service agency shall provide |
each
worker an annual
earnings summary within a reasonable time |
after the preceding calendar
year, but in no case later than |
|
February 1. A day and temporary
labor service agency shall,
at |
the time of each wage payment, give notice to day or temporary |
laborers
of the
availability of the annual earnings summary or |
post such a notice in a
conspicuous place in the public |
reception area.
|
(c) At the request of a day or temporary
laborer, a day and |
temporary labor service agency shall
hold the daily wages of |
the day or temporary laborer and make
either weekly, bi-weekly, |
or semi-monthly
payments. The wages shall be paid in a single |
check, or, at the day or temporary laborer's sole option, by |
direct deposit or other manner approved by the Department, |
representing
the wages earned during the period, either weekly, |
bi-weekly, or semi-monthly,
designated by the day or temporary |
laborer in accordance with the
Illinois Wage Payment
and |
Collection Act. Vouchers or any other method of payment which |
is not generally negotiable shall be prohibited as a method of |
payment of wages. Day and temporary labor service agencies that
|
make daily wage
payments shall provide written notification to |
all day or temporary
laborers of the right to
request weekly, |
bi-weekly, or semi-monthly checks. The day and temporary
labor |
service agency may
provide this notice by conspicuously posting |
the notice at the location
where the wages are received by the |
day or temporary laborers.
|
(d) No day and temporary labor service agency shall charge |
any
day or temporary laborer for
cashing a check issued by the |
agency for wages earned by a
day or temporary laborer who
|
|
performed work through that agency. No day and temporary labor |
service agency or third party client shall charge any day or |
temporary laborer for the expense of conducting any consumer |
report, as that term is defined in the Fair Credit Reporting |
Act, 15 U.S.C. 1681a(d), any criminal background check of any |
kind, or any drug test of any kind.
|
(e) Day or temporary laborers shall be paid no less than |
the
wage rate stated in the
notice as provided in Section 10 of |
this Act for all the work performed on
behalf of the third |
party client in addition to the work listed in the
written |
description.
|
(f) The total amount deducted for meals, equipment, and |
transportation may not cause a day or temporary laborer's |
hourly wage to fall below the State or federal minimum wage. |
However, a day and temporary labor service agency may deduct |
the actual market value of reusable equipment provided to the |
day or temporary laborer by the day and temporary labor service |
agency which the day or temporary laborer fails to return, if |
the day or temporary laborer provides a written authorization |
for such deduction at the time the deduction is made. |
(g) A day or temporary laborer who is contracted by a day |
and temporary labor service agency to work at a third party |
client's worksite but is not utilized by the third party client |
shall be paid by the day and temporary labor service agency for |
a minimum of 4 hours of pay at the agreed upon rate of pay. |
However, in the event the day and temporary labor service |
|
agency contracts the day or temporary laborer to work at |
another location during the same shift, the day or temporary |
laborer shall be paid by the day and temporary labor service |
agency for a minimum of 2 hours of pay at the agreed upon rate |
of pay.
|
(h) A third party client is required to pay wages and |
related payroll taxes to a licensed day and temporary labor |
service agency for services performed by the day or temporary |
laborer for the third party client according to payment terms |
outlined on invoices, service agreements, or stated terms |
provided by the day and temporary labor service agency. A third |
party client who fails to comply with this subsection (h) is |
subject to the penalties provided in Section 70 of this Act. |
The Department shall review a complaint filed by a licensed day |
and temporary labor agency. The Department shall review the |
payroll and accounting records of the day and temporary labor |
service agency and the third party client for the period in |
which the violation of this Act is alleged to have occurred to |
determine if wages and payroll taxes have been paid to the |
agency and that the day or temporary laborer has been paid the |
wages owed him or her. |
(Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
|
(820 ILCS 175/33 new) |
Sec. 33. Permanent placement. A day and temporary labor |
service shall attempt to place a current temporary laborer into |
|
a permanent position with a client when the client informs the |
agency of its plan to hire a permanent employee for a position |
like the positions for which employees are being provided by |
the agency at the same work location.
|
(820 ILCS 175/45)
|
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 $1,000 per year |
|
per agency and a non-refundable fee not to exceed $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 , or 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
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 |