Illinois 2023-2024 Regular Session

Illinois House Bill HB1604 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1604 Introduced , by Rep. Edgar Gonzalez, Jr. SYNOPSIS AS INTRODUCED: 820 ILCS 175/2 820 ILCS 175/5 820 ILCS 175/10 820 ILCS 175/11 new820 ILCS 175/12 820 ILCS 175/30 820 ILCS 175/40 820 ILCS 175/42 new 820 ILCS 175/45 820 ILCS 175/50 820 ILCS 175/55 820 ILCS 175/67 new 820 ILCS 175/70 820 ILCS 175/85 820 ILCS 175/87 new820 ILCS 175/90820 ILCS 175/95 Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency must provide an application receipt to applicants who seek a work assignment. Provides that a day or temporary laborer has the right to refuse an assignment to a place where a strike, a lockout, or other labor trouble exists. Provides that a day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work. Provides for a right of action by interested parties for civil penalties against day and temporary labor service agency. Provides for protections against abusive contracts. Makes changes in provisions concerning recordkeeping; wage payment and notices; work restrictions; registration; violations; enforcement; penalties; third party clients; retaliation; and private rights of action. Defines terms. Effective July 1, 2023. LRB103 26056 SPS 52411 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1604 Introduced , by Rep. Edgar Gonzalez, Jr. SYNOPSIS AS INTRODUCED: 820 ILCS 175/2 820 ILCS 175/5 820 ILCS 175/10 820 ILCS 175/11 new820 ILCS 175/12 820 ILCS 175/30 820 ILCS 175/40 820 ILCS 175/42 new 820 ILCS 175/45 820 ILCS 175/50 820 ILCS 175/55 820 ILCS 175/67 new 820 ILCS 175/70 820 ILCS 175/85 820 ILCS 175/87 new820 ILCS 175/90820 ILCS 175/95 820 ILCS 175/2 820 ILCS 175/5 820 ILCS 175/10 820 ILCS 175/11 new 820 ILCS 175/12 820 ILCS 175/30 820 ILCS 175/40 820 ILCS 175/42 new 820 ILCS 175/45 820 ILCS 175/50 820 ILCS 175/55 820 ILCS 175/67 new 820 ILCS 175/70 820 ILCS 175/85 820 ILCS 175/87 new 820 ILCS 175/90 820 ILCS 175/95 Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency must provide an application receipt to applicants who seek a work assignment. Provides that a day or temporary laborer has the right to refuse an assignment to a place where a strike, a lockout, or other labor trouble exists. Provides that a day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work. Provides for a right of action by interested parties for civil penalties against day and temporary labor service agency. Provides for protections against abusive contracts. Makes changes in provisions concerning recordkeeping; wage payment and notices; work restrictions; registration; violations; enforcement; penalties; third party clients; retaliation; and private rights of action. Defines terms. Effective July 1, 2023. LRB103 26056 SPS 52411 b LRB103 26056 SPS 52411 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1604 Introduced , by Rep. Edgar Gonzalez, Jr. SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 175/2 820 ILCS 175/5 820 ILCS 175/10 820 ILCS 175/11 new820 ILCS 175/12 820 ILCS 175/30 820 ILCS 175/40 820 ILCS 175/42 new 820 ILCS 175/45 820 ILCS 175/50 820 ILCS 175/55 820 ILCS 175/67 new 820 ILCS 175/70 820 ILCS 175/85 820 ILCS 175/87 new820 ILCS 175/90820 ILCS 175/95 820 ILCS 175/2 820 ILCS 175/5 820 ILCS 175/10 820 ILCS 175/11 new 820 ILCS 175/12 820 ILCS 175/30 820 ILCS 175/40 820 ILCS 175/42 new 820 ILCS 175/45 820 ILCS 175/50 820 ILCS 175/55 820 ILCS 175/67 new 820 ILCS 175/70 820 ILCS 175/85 820 ILCS 175/87 new 820 ILCS 175/90 820 ILCS 175/95
4	4	820 ILCS 175/2
5	5	820 ILCS 175/5
6	6	820 ILCS 175/10
7	7	820 ILCS 175/11 new
8	8	820 ILCS 175/12
9	9	820 ILCS 175/30
10	10	820 ILCS 175/40
11	11	820 ILCS 175/42 new
12	12	820 ILCS 175/45
13	13	820 ILCS 175/50
14	14	820 ILCS 175/55
15	15	820 ILCS 175/67 new
16	16	820 ILCS 175/70
17	17	820 ILCS 175/85
18	18	820 ILCS 175/87 new
19	19	820 ILCS 175/90
20	20	820 ILCS 175/95
21	21	Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency must provide an application receipt to applicants who seek a work assignment. Provides that a day or temporary laborer has the right to refuse an assignment to a place where a strike, a lockout, or other labor trouble exists. Provides that a day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work. Provides for a right of action by interested parties for civil penalties against day and temporary labor service agency. Provides for protections against abusive contracts. Makes changes in provisions concerning recordkeeping; wage payment and notices; work restrictions; registration; violations; enforcement; penalties; third party clients; retaliation; and private rights of action. Defines terms. Effective July 1, 2023.
22	22	LRB103 26056 SPS 52411 b LRB103 26056 SPS 52411 b
23	23	LRB103 26056 SPS 52411 b
24	24	A BILL FOR
25	25	HB1604LRB103 26056 SPS 52411 b HB1604 LRB103 26056 SPS 52411 b
26	26	HB1604 LRB103 26056 SPS 52411 b
27	27	1 AN ACT concerning employment.
28	28	2 Be it enacted by the People of the State of Illinois,
29	29	3 represented in the General Assembly:
30	30	4 Section 5. The Day and Temporary Labor Services Act is
31	31	5 amended by changing Sections 2, 5, 10, 12, 30, 40, 45, 50, 55,
32	32	6 70, 85, 90, and 95 and by adding Sections 11, 42, 67, and 87 as
33	33	7 follows:
34	34	8 (820 ILCS 175/2)
35	35	9 Sec. 2. Legislative Findings. The General Assembly finds
36	36	10 as follows:
37	37	11 Since the passage of this Act, the number of Over 300,000
38	38	12 workers who work as day or temporary laborers in Illinois has
39	39	13 risen from approximately 300,000 to more than 650,000
40	40	14 according to data collected by the Department of Labor.
41	41	15 Since the passage of this Act, the number of Approximately
42	42	16 150 day labor and temporary labor service agencies registered
43	43	17 in Illinois has risen from approximately 150 with 600 branch
44	44	18 offices to over 300 with over 800 branch offices with nearly
45	45	19 600 branch offices are licensed throughout Illinois. In
46	46	20 addition, there still exists is a significant large, though
47	47	21 unknown, number of unregistered unlicensed day labor and
48	48	22 temporary labor service agencies that operate outside the
49	49	23 radar of law enforcement.
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53	53	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1604 Introduced , by Rep. Edgar Gonzalez, Jr. SYNOPSIS AS INTRODUCED:
54	54	820 ILCS 175/2 820 ILCS 175/5 820 ILCS 175/10 820 ILCS 175/11 new820 ILCS 175/12 820 ILCS 175/30 820 ILCS 175/40 820 ILCS 175/42 new 820 ILCS 175/45 820 ILCS 175/50 820 ILCS 175/55 820 ILCS 175/67 new 820 ILCS 175/70 820 ILCS 175/85 820 ILCS 175/87 new820 ILCS 175/90820 ILCS 175/95 820 ILCS 175/2 820 ILCS 175/5 820 ILCS 175/10 820 ILCS 175/11 new 820 ILCS 175/12 820 ILCS 175/30 820 ILCS 175/40 820 ILCS 175/42 new 820 ILCS 175/45 820 ILCS 175/50 820 ILCS 175/55 820 ILCS 175/67 new 820 ILCS 175/70 820 ILCS 175/85 820 ILCS 175/87 new 820 ILCS 175/90 820 ILCS 175/95
55	55	820 ILCS 175/2
56	56	820 ILCS 175/5
57	57	820 ILCS 175/10
58	58	820 ILCS 175/11 new
59	59	820 ILCS 175/12
60	60	820 ILCS 175/30
61	61	820 ILCS 175/40
62	62	820 ILCS 175/42 new
63	63	820 ILCS 175/45
64	64	820 ILCS 175/50
65	65	820 ILCS 175/55
66	66	820 ILCS 175/67 new
67	67	820 ILCS 175/70
68	68	820 ILCS 175/85
69	69	820 ILCS 175/87 new
70	70	820 ILCS 175/90
71	71	820 ILCS 175/95
72	72	Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency must provide an application receipt to applicants who seek a work assignment. Provides that a day or temporary laborer has the right to refuse an assignment to a place where a strike, a lockout, or other labor trouble exists. Provides that a day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work. Provides for a right of action by interested parties for civil penalties against day and temporary labor service agency. Provides for protections against abusive contracts. Makes changes in provisions concerning recordkeeping; wage payment and notices; work restrictions; registration; violations; enforcement; penalties; third party clients; retaliation; and private rights of action. Defines terms. Effective July 1, 2023.
73	73	LRB103 26056 SPS 52411 b LRB103 26056 SPS 52411 b
74	74	LRB103 26056 SPS 52411 b
75	75	A BILL FOR
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81	81	820 ILCS 175/2
82	82	820 ILCS 175/5
83	83	820 ILCS 175/10
84	84	820 ILCS 175/11 new
85	85	820 ILCS 175/12
86	86	820 ILCS 175/30
87	87	820 ILCS 175/40
88	88	820 ILCS 175/42 new
89	89	820 ILCS 175/45
90	90	820 ILCS 175/50
91	91	820 ILCS 175/55
92	92	820 ILCS 175/67 new
93	93	820 ILCS 175/70
94	94	820 ILCS 175/85
95	95	820 ILCS 175/87 new
96	96	820 ILCS 175/90
97	97	820 ILCS 175/95
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116	116	1 Recent studies and a survey of low-wage day or temporary
117	117	2 laborers themselves have consistently found finds that as a
118	118	3 group, they are particularly vulnerable to abuse of their
119	119	4 labor rights, including unpaid wages, failure to pay for all
120	120	5 hours worked, minimum wage and overtime violations, and
121	121	6 unlawful deduction from pay for meals, transportation,
122	122	7 equipment and other items. Recent studies and surveys of the
123	123	8 day and temporary staffing industry have also found that day
124	124	9 or temporary laborers are more than twice as likely to live in
125	125	10 poverty, that more than one in 3 depend on public assistance to
126	126	11 survive, that such workers are commonly part of a 2-tier pay
127	127	12 structure, and that such workers have an occupational injury
128	128	13 rate 2 to 3 times higher than directly hired employees.
129	129	14 As a result of the imbalance of negotiating power between
130	130	15 a day or temporary laborer and a day and temporary service
131	131	16 agency and its client companies due to laborers' precarious
132	132	17 and contingent employment relationship, many day or temporary
133	133	18 laborers are subjected to abusive contracts that they are
134	134	19 required to sign under duress and from which they need to be
135	135	20 protected.
136	136	21 It is in the interest of the State of Illinois to ensure
137	137	22 compliance with this Act, and it is in the interest of Illinois
138	138	23 taxpayers to mitigate the cost of enforcement of this Act by
139	139	24 assessing civil penalties against day and temporary service
140	140	25 agencies and their client companies that have been found to
141	141	26 have violated this Act. Illinois employers who comply with
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152	152	1 this and other Illinois wage and hour laws are also at a
153	153	2 competitive disadvantage with employers who do not comply with
154	154	3 such laws, and it is in the interest of the State of Illinois,
155	155	4 law-abiding Illinois employers, and Illinois taxpayers to
156	156	5 disgorge law-breaking employers of any ill-gotten gains as a
157	157	6 result of unlawful practices and to ensure payroll taxes are
158	158	7 paid on any such unpaid wages. Therefore, the public good
159	159	8 justifies the establishment of the mechanism set forth in this
160	160	9 Act for the Department, the Attorney General, aggrieved
161	161	10 employees, or interested parties to disgorge from an Illinois
162	162	11 employer who does not comply with this or other Illinois laws
163	163	12 referenced herein the amount of such unpaid wages and other
164	164	13 remedies, as well as unpaid payroll taxes.
165	165	14 Current law is inadequate to protect the labor and
166	166	15 employment rights of these workers.
167	167	16 At the same time, in Illinois and in other states,
168	168	17 democratically run nonprofit day labor centers, which charge
169	169	18 no fee for their services, have been established to provide an
170	170	19 alternative for day or temporary laborers to solicit work on
171	171	20 street corners. These centers are not subject to this Act.
172	172	21 (Source: P.A. 94-511, eff. 1-1-06.)
173	173	22 (820 ILCS 175/5)
174	174	23 Sec. 5. Definitions. As used in this Act:
175	175	24 "Applicant" means a natural person who seeks a work
176	176	25 assignment at a day and temporary labor service agency.
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187	187	1 "Day or temporary laborer" means a natural person who
188	188	2 contracts for employment with a day and temporary labor
189	189	3 service agency.
190	190	4 "Day and temporary labor" means work performed by a day or
191	191	5 temporary laborer at a third party client, the duration of
192	192	6 which may be specific or undefined, pursuant to a contract or
193	193	7 understanding between the day and temporary labor service
194	194	8 agency and the third party client. "Day and temporary labor"
195	195	9 does not include labor or employment of a professional or
196	196	10 clerical nature.
197	197	11 "Day and temporary labor service agency" means any person
198	198	12 or entity engaged in the business of employing day or
199	199	13 temporary laborers to provide services, for a fee, to or for
200	200	14 any third party client pursuant to a contract with the day and
201	201	15 temporary labor service agency and the third party client.
202	202	16 "Department" means the Department of Labor.
203	203	17 "Family member" means an employee's child, spouse, or
204	204	18 party to a civil union or legal guardianship, parent,
205	205	19 grandparent, grandchild, sibling, or any other individual
206	206	20 related by blood, marriage, or civil union, or whose close
207	207	21 relationship with the employee is the equivalent of a family
208	208	22 association as determined by the employee.
209	209	23 "Interested party" means a person, organization, or entity
210	210	24 with an interest in compliance with this Act. An interested
211	211	25 party includes, without limitation, a labor organization, a
212	212	26 nonprofit organization whose mission or past practice includes
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223	223	1 advocating for the workplace rights of day or temporary
224	224	2 laborers, a current or former day or temporary laborer
225	225	3 employed by the entity subject to allegations of the
226	226	4 violations, whether or not still aggrieved by a violation of
227	227	5 this Act at the time of taking any action under this Act, a
228	228	6 family member of such a day or temporary laborer, or a
229	229	7 competitor of a day and temporary labor service agency or an
230	230	8 employee of a competitor of day and temporary labor service
231	231	9 agency.
232	232	10 "Third party client" means any person that contracts with
233	233	11 a day and temporary labor service agency for obtaining day or
234	234	12 temporary laborers.
235	235	13 "Person" means every natural person, firm, partnership,
236	236	14 co-partnership, limited liability company, corporation,
237	237	15 association, business trust, or other legal entity, or its
238	238	16 legal representatives, agents, or assigns.
239	239	17 (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
240	240	18 (820 ILCS 175/10)
241	241	19 Sec. 10. Employment Notice and Application Receipt.
242	242	20 (a) Employment notice. Whenever a day and temporary labor
243	243	21 service agency agrees to send one or more persons to work as
244	244	22 day or temporary laborers, the day and temporary labor service
245	245	23 agency shall provide to each day or temporary laborer, at the
246	246	24 time of dispatch, a statement containing the following items
247	247	25 on a form approved by the Department:
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258	258	1 (1) the name of the day or temporary laborer;
259	259	2 (2) the name and nature of the work to be performed and
260	260	3 the types of equipment, protective clothing, and training
261	261	4 that are required for the task;
262	262	5 (3) the wages offered;
263	263	6 (4) the name and address of the destination of each
264	264	7 day or temporary laborer;
265	265	8 (5) terms of transportation; and
266	266	9 (6) whether a meal or equipment, or both, are
267	267	10 provided, either by the day and temporary labor service
268	268	11 agency or the third party client, and the cost of the meal
269	269	12 and equipment, if any.
270	270	13 The failure of a day and temporary labor service agency to
271	271	14 provide a day or temporary laborer with the equipment,
272	272	15 protective clothing, and training identified in an employment
273	273	16 notice required by this Section shall be a health and safety
274	274	17 violation under Section 95.
275	275	18 If a day or temporary laborer is assigned to the same
276	276	19 assignment for more than one day, the day and temporary labor
277	277	20 service agency is required to provide the employment notice
278	278	21 only on the first day of the assignment and on any day that any
279	279	22 of the terms listed on the employment notice are changed.
280	280	23 (b) Application receipt. If the applicant seeks a work
281	281	24 assignment and day or temporary laborer is not placed with a
282	282	25 third party client or otherwise contracted to work for that
283	283	26 day by a day and temporary labor service agency, the day and
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294	294	1 temporary labor service agency shall, upon request, provide
295	295	2 the applicant day and temporary laborer with a confirmation
296	296	3 that the applicant day or temporary laborer sought work,
297	297	4 signed by an employee of the day and temporary labor service
298	298	5 agency, on a form approved by the Department, which shall
299	299	6 include:
300	300	7 (1) the name and location of the agency and branch
301	301	8 office; ,
302	302	9 (2) the name and address of the applicant; day or
303	303	10 temporary laborer, and
304	304	11 (3) the date and the time that the the applicant
305	305	12 sought the work assignments; day or temporary laborer
306	306	13 receives the confirmation.
307	307	14 (4) the manner in which the applicant sought the work
308	308	15 assignments; and
309	309	16 (5) the specific work sites or type of jobs sought by
310	310	17 the applicant, if applicable.
311	311	18 (b) (Blank). No day and temporary labor service agency may
312	312	19 send any day or temporary laborer to any place where a strike,
313	313	20 a lockout, or other labor trouble exists.
314	314	21 (c) The Department shall recommend to day and temporary
315	315	22 labor service agencies that those agencies employ personnel
316	316	23 who can effectively communicate information required in
317	317	24 subsection subsections (a) and (b) to day or temporary
318	318	25 laborers in Spanish, Polish, or any other language that is
319	319	26 generally understood in the locale of the day and temporary
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330	330	1 labor service agency. Employment notices and application
331	331	2 receipts shall be provided to the day or temporary laborer or
332	332	3 applicant in a language that the day or temporary laborer or
333	333	4 applicant understands.
334	334	5 (d) The failure of a day and temporary labor service
335	335	6 agency to provide any of the information required by this
336	336	7 Section shall constitute a notice violation under Section 95.
337	337	8 The failure to provide each piece of information required by
338	338	9 this Section at each time it is required by this Section shall
339	339	10 constitute a separate and distinct violation. If a day and
340	340	11 temporary labor service agency claims that it has
341	341	12 electronically provided an employment notice or application
342	342	13 receipt as required by this Section, the day and temporary
343	343	14 labor service agency shall bear the burden of showing the
344	344	15 employment notice or application receipt was provided if there
345	345	16 is a dispute.
346	346	17 (Source: P.A. 99-78, eff. 7-20-15; 100-517, eff. 6-1-18.)
347	347	18 (820 ILCS 175/11 new)
348	348	19 Sec. 11. Right to refuse assignment to a labor dispute.
349	349	20 (a) No day and temporary labor service agency may send a
350	350	21 day or temporary laborer to a place where a strike, a lockout,
351	351	22 or other labor trouble exists without providing, at or before
352	352	23 the time of dispatch, a statement, in writing and in a language
353	353	24 that the day or temporary laborer understands, informing the
354	354	25 day or temporary laborer of the labor dispute and the day or
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365	365	1 temporary laborer's right to refuse the assignment without
366	366	2 prejudice to receiving another assignment.
367	367	3 (b) The failure by a day and temporary labor service
368	368	4 agency to provide any of the information required by this
369	369	5 Section shall constitute a notice violation under Section 95.
370	370	6 The failure of a day and temporary labor service agency to
371	371	7 provide each piece of information required by this Section at
372	372	8 each time it is required by this Section shall constitute a
373	373	9 separate and distinct notice violation. If a day and temporary
374	374	10 labor service agency claims that it has provided notice as
375	375	11 required by this Section electronically, the day and temporary
376	376	12 labor service agency shall bear the burden of showing that the
377	377	13 notice was provided if there is a dispute.
378	378	14 (820 ILCS 175/12)
379	379	15 Sec. 12. Recordkeeping.
380	380	16 (a) Whenever a day and temporary labor service agency
381	381	17 sends one or more persons to work as day or temporary laborers,
382	382	18 the day and temporary labor service agency shall keep the
383	383	19 following records relating to that transaction:
384	384	20 (1) the name, address and telephone number of each
385	385	21 third party client, including each worksite, to which day
386	386	22 or temporary laborers were sent by the agency and the date
387	387	23 of the transaction;
388	388	24 (2) for each day or temporary laborer: the name and
389	389	25 address, the specific location sent to work, the type of
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400	400	1 work performed, the number of hours worked, the hourly
401	401	2 rate of pay and the date sent. The term "hours worked" has
402	402	3 the meaning ascribed to that term in 56 Ill. Adm. Code
403	403	4 210.110 and in accordance with all applicable rules or
404	404	5 court interpretations under 56 Ill. Adm. Code 210.110. The
405	405	6 third party client shall be required to remit all
406	406	7 information required under this subsection to the day and
407	407	8 temporary labor service agency no later than 7 days
408	408	9 following the last day of the work week worked by the day
409	409	10 or temporary laborer. Failure of a third party client to
410	410	11 remit such information to a day and temporary labor
411	411	12 service agency shall not be a defense to the recordkeeping
412	412	13 requirement of this Section;
413	413	14 (3) the name and title of the individual or
414	414	15 individuals at each third party client's place of business
415	415	16 responsible for the transaction;
416	416	17 (4) any specific qualifications or attributes of a day
417	417	18 or temporary laborer, requested by each third party
418	418	19 client;
419	419	20 (5) copies of all contracts, if any, with the third
420	420	21 party client and copies of all invoices for the third
421	421	22 party client;
422	422	23 (6) copies of all employment notices provided in
423	423	24 accordance with subsection (a) of Section 10;
424	424	25 (7) deductions to be made from each day or temporary
425	425	26 laborer's compensation made by either the third party
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428	428
429	429
430	430
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436	436	1 client or by the day and temporary labor service agency
437	437	2 for the day or temporary laborer's transportation, food,
438	438	3 equipment, withheld income tax, withheld social security
439	439	4 payments and every other deduction;
440	440	5 (8) verification of the actual cost of any equipment
441	441	6 or meal charged to a day or temporary laborer;
442	442	7 (9) the race and gender of each day or temporary
443	443	8 laborer or applicant who seeks work at or is assigned sent
444	444	9 by the day and temporary labor service agency, as such
445	445	10 information is provided by the day or temporary laborer or
446	446	11 applicant; and
447	447	12 (9.5) whether a day or temporary laborer has been
448	448	13 placed in a permanent position with a third party client
449	449	14 and the date of such placement; and
450	450	15 (10) any additional information required by rules
451	451	16 issued by the Department.
452	452	17 (b) The day and temporary labor service agency shall
453	453	18 maintain all records under this Section for a period of 3 years
454	454	19 from their creation. The records shall be open to inspection
455	455	20 by the Department during normal business hours. Records
456	456	21 described in paragraphs (1), (2), (3), (6), (7), and (8) of
457	457	22 subsection (a) shall be available for review or copying by
458	458	23 that day or temporary laborer during normal business hours
459	459	24 within 5 days following a written request. In addition, a day
460	460	25 and temporary labor service agency shall make records related
461	461	26 to the number of hours billed to a third party client for that
462	462
463	463
464	464
465	465
466	466
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468	468
469	469
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472	472	1 individual day or temporary laborer's hours of work available
473	473	2 for review or copying during normal business hours within 5
474	474	3 days following a written request. The day and temporary labor
475	475	4 service agency shall make forms, in duplicate, for such
476	476	5 requests available to day or temporary laborers at the
477	477	6 dispatch office. The day or temporary laborer shall be given a
478	478	7 copy of the request form. It is a violation of this Section to
479	479	8 make any false, inaccurate or incomplete entry into any record
480	480	9 required by this Section, or to delete required information
481	481	10 from any such record. Failure by the third party client to
482	482	11 remit time records to the day and temporary labor service
483	483	12 agency as provided in paragraph (a)(2) shall constitute a
484	484	13 notice violation by a third party client under Section 95 of
485	485	14 this Act unless the third party client has been precluded from
486	486	15 submitting such time records for reasons beyond its control. A
487	487	16 failure by the third party client to provide time records in
488	488	17 accordance with this subsection (b) shall not be a notice
489	489	18 violation and shall not be the basis for a suit or other action
490	490	19 under Section 95 of this Act against the day and temporary
491	491	20 labor service agency.
492	492	21 (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
493	493	22 (820 ILCS 175/30)
494	494	23 Sec. 30. Wage Payment and Notice.
495	495	24 (a) At the time of payment of wages, a day and temporary
496	496	25 labor service agency shall provide each day or temporary
497	497
498	498
499	499
500	500
501	501
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503	503
504	504
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506	506	HB1604 - 13 - LRB103 26056 SPS 52411 b
507	507	1 laborer with a detailed itemized statement, on the day or
508	508	2 temporary laborer's paycheck stub or on a form approved by the
509	509	3 Department, listing the following:
510	510	4 (1) the name, address, and telephone number of each
511	511	5 third party client at which the day or temporary laborer
512	512	6 worked. If this information is provided on the day or
513	513	7 temporary laborer's paycheck stub, a code for each third
514	514	8 party client may be used so long as the required
515	515	9 information for each coded third party client is made
516	516	10 available to the day or temporary laborer;
517	517	11 (2) the number of hours worked by the day or temporary
518	518	12 laborer at each third party client each day during the pay
519	519	13 period. If the day or temporary laborer is assigned to
520	520	14 work at the same work site of the same third party client
521	521	15 for multiple days in the same work week, the day and
522	522	16 temporary labor service agency may record a summary of
523	523	17 hours worked at that third party client's worksite so long
524	524	18 as the first and last day of that work week are identified
525	525	19 as well. The term "hours worked" has the meaning ascribed
526	526	20 to that term in 56 Ill. Adm. Code 210.110 and in accordance
527	527	21 with all applicable rules or court interpretations under
528	528	22 56 Ill. Adm. Code 210.110;
529	529	23 (3) the rate of payment for each hour worked,
530	530	24 including any premium rate or bonus;
531	531	25 (3.5) the rate billed to the client company for each
532	532	26 hour worked, including any premium rate or bonus;
533	533
534	534
535	535
536	536
537	537
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539	539
540	540
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542	542	HB1604 - 14 - LRB103 26056 SPS 52411 b
543	543	1 (4) the total pay period earnings;
544	544	2 (5) all deductions made from the day or temporary
545	545	3 laborer's compensation made either by the third party
546	546	4 client or by the day and temporary labor service agency,
547	547	5 and the purpose for which deductions were made, including
548	548	6 for the day or temporary laborer's transportation, food,
549	549	7 equipment, withheld income tax, withheld social security
550	550	8 payments, and every other deduction; and
551	551	9 (5.5) the then-current maximum placement fee as
552	552	10 defined and calculated in Section 40; and
553	553	11 (6) any additional information required by rules
554	554	12 issued by the Department.
555	555	13 (a-1) For each day or temporary laborer who is contracted
556	556	14 to work a single day, the third party client shall, at the end
557	557	15 of the work day, provide such day or temporary laborer with a
558	558	16 Work Verification Form, approved by the Department, which
559	559	17 shall contain the date, the day or temporary laborer's name,
560	560	18 the work location, and the hours worked on that day. Any third
561	561	19 party client who violates this subsection (a-1) may be subject
562	562	20 to a civil penalty of not less than $100 and not more than to
563	563	21 exceed $500 for each violation found by the Department. Such
564	564	22 civil penalty shall may increase to not less than $500 and not
565	565	23 more than $2,500 for a second or subsequent violation. For
566	566	24 purposes of this subsection (a-1), each violation of this
567	567	25 subsection (a-1) for each day or temporary laborer and for
568	568	26 each day the violation continues shall constitute a separate
569	569
570	570
571	571
572	572
573	573
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575	575
576	576
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578	578	HB1604 - 15 - LRB103 26056 SPS 52411 b
579	579	1 and distinct violation.
580	580	2 (b) A day and temporary labor service agency shall provide
581	581	3 each worker an annual earnings summary within a reasonable
582	582	4 time after the preceding calendar year, but in no case later
583	583	5 than February 1. A day and temporary labor service agency
584	584	6 shall, at the time of each wage payment, give notice to day or
585	585	7 temporary laborers of the availability of the annual earnings
586	586	8 summary or post such a notice in a conspicuous place in the
587	587	9 public reception area.
588	588	10 (c) At the request of a day or temporary laborer, a day and
589	589	11 temporary labor service agency shall hold the daily wages of
590	590	12 the day or temporary laborer and make either weekly,
591	591	13 bi-weekly, or semi-monthly payments. The wages shall be paid
592	592	14 in a single check, or, at the day or temporary laborer's sole
593	593	15 option, by direct deposit or other manner approved by the
594	594	16 Department, representing the wages earned during the period,
595	595	17 either weekly, bi-weekly, or semi-monthly, designated by the
596	596	18 day or temporary laborer in accordance with the Illinois Wage
597	597	19 Payment and Collection Act. Vouchers or any other method of
598	598	20 payment which is not generally negotiable shall be prohibited
599	599	21 as a method of payment of wages. Day and temporary labor
600	600	22 service agencies that make daily wage payments shall provide
601	601	23 written notification to all day or temporary laborers of the
602	602	24 right to request weekly, bi-weekly, or semi-monthly checks.
603	603	25 The day and temporary labor service agency may provide this
604	604	26 notice by conspicuously posting the notice at the location
605	605
606	606
607	607
608	608
609	609
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611	611
612	612
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614	614	HB1604 - 16 - LRB103 26056 SPS 52411 b
615	615	1 where the wages are received by the day or temporary laborers.
616	616	2 (d) No day and temporary labor service agency shall charge
617	617	3 any day or temporary laborer for cashing a check issued by the
618	618	4 agency for wages earned by a day or temporary laborer who
619	619	5 performed work through that agency. No day and temporary labor
620	620	6 service agency or third party client shall charge any day or
621	621	7 temporary laborer for the expense of conducting any consumer
622	622	8 report, as that term is defined in the Fair Credit Reporting
623	623	9 Act, 15 U.S.C. 1681a(d), any criminal background check of any
624	624	10 kind, or any drug test of any kind.
625	625	11 (e) Day or temporary laborers shall be paid no less than
626	626	12 the wage rate stated in the notice as provided in Section 10 of
627	627	13 this Act for all the work performed on behalf of the third
628	628	14 party client in addition to the work listed in the written
629	629	15 description.
630	630	16 (f) The total amount deducted for meals, equipment, and
631	631	17 transportation may not cause a day or temporary laborer's
632	632	18 hourly wage to fall below the State or federal minimum wage.
633	633	19 However, a day and temporary labor service agency may deduct
634	634	20 the actual market value of reusable equipment provided to the
635	635	21 day or temporary laborer by the day and temporary labor
636	636	22 service agency which the day or temporary laborer fails to
637	637	23 return, if the day or temporary laborer provides a written
638	638	24 authorization for such deduction at the time the deduction is
639	639	25 made.
640	640	26 (g) A day or temporary laborer who is contracted by a day
641	641
642	642
643	643
644	644
645	645
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647	647
648	648
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650	650	HB1604 - 17 - LRB103 26056 SPS 52411 b
651	651	1 and temporary labor service agency to work at a third party
652	652	2 client's worksite but is not utilized by the third party
653	653	3 client shall be paid by the day and temporary labor service
654	654	4 agency for a minimum of 4 hours of pay at the agreed upon rate
655	655	5 of pay. However, in the event the day and temporary labor
656	656	6 service agency contracts the day or temporary laborer to work
657	657	7 at another location during the same shift, the day or
658	658	8 temporary laborer shall be paid by the day and temporary labor
659	659	9 service agency for a minimum of 2 hours of pay at the agreed
660	660	10 upon rate of pay.
661	661	11 (h) A third party client is required to pay wages and
662	662	12 related payroll taxes to a licensed day and temporary labor
663	663	13 service agency for services performed by the day or temporary
664	664	14 laborer for the third party client according to payment terms
665	665	15 outlined on invoices, service agreements, or stated terms
666	666	16 provided by the day and temporary labor service agency. A
667	667	17 third party client who fails to comply with this subsection
668	668	18 (h) is subject to the penalties provided in Section 70 of this
669	669	19 Act. The Department shall review a complaint filed by a
670	670	20 licensed day and temporary labor agency. The Department shall
671	671	21 review the payroll and accounting records of the day and
672	672	22 temporary labor service agency and the third party client for
673	673	23 the period in which the violation of this Act is alleged to
674	674	24 have occurred to determine if wages and payroll taxes have
675	675	25 been paid to the agency and that the day or temporary laborer
676	676	26 has been paid the wages owed him or her.
677	677
678	678
679	679
680	680
681	681
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683	683
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686	686	HB1604 - 18 - LRB103 26056 SPS 52411 b
687	687	1 (i) The failure of a day and temporary labor service
688	688	2 agency or client company to provide any of the information
689	689	3 required by this Section shall constitute a notice violation
690	690	4 under Section 95. The failure to provide each piece of
691	691	5 information required by this Section at each time it is
692	692	6 required by this Section shall constitute a separate and
693	693	7 distinct notice violation.
694	694	8 (Source: P.A. 100-517, eff. 6-1-18.)
695	695	9 (820 ILCS 175/40)
696	696	10 Sec. 40. Work Restriction. No day and temporary labor
697	697	11 service agency shall restrict the right of a day or temporary
698	698	12 laborer to accept a permanent position with a third party
699	699	13 client to whom the day or temporary laborer has been referred
700	700	14 for work or restrict the right of such third party client to
701	701	15 offer such employment to a day or temporary laborer. A day and
702	702	16 temporary labor service agency may charge a placement fee to a
703	703	17 third party client for employing a day or temporary laborer
704	704	18 for whom a contract for work was effected by the day and
705	705	19 temporary labor service agency not to exceed the equivalent of
706	706	20 the total daily commission rate the day and temporary labor
707	707	21 service agency would have received over a 60-day period,
708	708	22 reduced by the equivalent of the daily commission rate the day
709	709	23 and temporary labor service agency would have received for
710	710	24 each day the day or temporary laborer has performed work for
711	711	25 the day and temporary labor service agency in the preceding 12
712	712
713	713
714	714
715	715
716	716
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718	718
719	719
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722	722	1 months. Days worked at a day and temporary labor service
723	723	2 agency in the 12 months preceding the effective date of this
724	724	3 amendatory Act of the 94th General Assembly shall be included
725	725	4 for purposes of calculating the maximum placement fee
726	726	5 described in this Section. However, placement of a day or
727	727	6 temporary laborer who is contracted by a day and temporary
728	728	7 labor service agency to provide skilled labor shall not be
729	729	8 subject to any placement fee cap. For purposes of this
730	730	9 Section, a day or temporary laborer who performs "skilled
731	731	10 labor" shall apply only where the day and temporary labor
732	732	11 service agency performs an advanced application process, a
733	733	12 screening process, which may include processes such as
734	734	13 advanced testing, and a job interview. No fee provided for
735	735	14 under this Section may be assessed or collected by the day and
736	736	15 temporary labor service agency when the day or temporary
737	737	16 laborer is offered permanent work following the suspension or
738	738	17 revocation of the day and temporary labor service agency's
739	739	18 registration by the Department.
740	740	19 (Source: P.A. 94-511, eff. 1-1-06.)
741	741	20 (820 ILCS 175/42 new)
742	742	21 Sec. 42. Equal pay for equal work. A day or temporary
743	743	22 laborer who is assigned to work at a third party client for
744	744	23 more than one week shall be paid not less than the average rate
745	745	24 of pay and equivalent benefits as directly hired employees of
746	746	25 the third party client performing the same or substantially
747	747
748	748
749	749
750	750
751	751
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753	753
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756	756	HB1604 - 20 - LRB103 26056 SPS 52411 b
757	757	1 similar work on jobs the performance of which requires
758	758	2 substantially similar skill, effort, and responsibility, and
759	759	3 that are performed under similar working conditions. A day and
760	760	4 temporary labor service agency may pay the hourly cash
761	761	5 equivalent of benefits in lieu of providing the benefits
762	762	6 required by this Section. Upon request, a third party client
763	763	7 to which a day or temporary laborer has been assigned for more
764	764	8 than one week shall be obligated to timely provide the day and
765	765	9 temporary labor service agency with all necessary information
766	766	10 related to job duties, pay, and benefits of directly hired
767	767	11 employees necessary for the day and temporary labor service
768	768	12 agency to comply with this Section. The failure by a third
769	769	13 party client to provide any of the information required by
770	770	14 this Section shall constitute a notice violation by the third
771	771	15 party client under Section 95.
772	772	16 (820 ILCS 175/45)
773	773	17 Sec. 45. Registration; Department of Labor.
774	774	18 (a) A day and temporary labor service agency which is
775	775	19 located, operates or transacts business within this State
776	776	20 shall register with the Department of Labor in accordance with
777	777	21 rules adopted by the Department for day and temporary labor
778	778	22 service agencies and shall be subject to this Act and any rules
779	779	23 adopted under this Act. Each day and temporary labor service
780	780	24 agency shall provide proof of an employer account number
781	781	25 issued by the Department of Employment Security for the
782	782
783	783
784	784
785	785
786	786
787	787	HB1604 - 20 - LRB103 26056 SPS 52411 b
788	788
789	789
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792	792	1 payment of unemployment insurance contributions as required
793	793	2 under the Unemployment Insurance Act, and proof of valid
794	794	3 workers' compensation insurance in effect at the time of
795	795	4 registration covering all of its employees. If, at any time, a
796	796	5 day and temporary labor service agency's workers' compensation
797	797	6 insurance coverage lapses, the agency shall have an
798	798	7 affirmative duty to report the lapse of such coverage to the
799	799	8 Department and the agency's registration shall be suspended
800	800	9 until the agency's workers' compensation insurance is
801	801	10 reinstated. The Department may assess each day and temporary
802	802	11 labor service agency a non-refundable registration fee not
803	803	12 exceeding $5,000 $1,000 per year per agency and a
804	804	13 non-refundable fee not to exceed $1,000 $250 for each branch
805	805	14 office or other location where the agency regularly contracts
806	806	15 with day or temporary laborers for services. The fee may be
807	807	16 paid by check, money order, or the State Treasurer's E-Pay
808	808	17 program or any successor program, and the Department may not
809	809	18 refuse to accept a check on the basis that it is not a
810	810	19 certified check or a cashier's check. The Department may
811	811	20 charge an additional fee to be paid by a day and temporary
812	812	21 labor service agency if the agency, or any person on the
813	813	22 agency's behalf, issues or delivers a check to the Department
814	814	23 that is not honored by the financial institution upon which it
815	815	24 is drawn. The Department shall also adopt rules for violation
816	816	25 hearings and penalties for violations of this Act or the
817	817	26 Department's rules in conjunction with the penalties set forth
818	818
819	819
820	820
821	821
822	822
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824	824
825	825
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827	827	HB1604 - 22 - LRB103 26056 SPS 52411 b
828	828	1 in this Act.
829	829	2 (a-1) At the time of registration with the Department of
830	830	3 Labor each year, the day and temporary labor service agency
831	831	4 shall submit to the Department of Labor a report containing
832	832	5 the information identified in paragraphs paragraph (9) and
833	833	6 (9.5) of subsection (a) of Section 12, broken down by branch
834	834	7 office, in the aggregate for all day or temporary laborers
835	835	8 assigned within Illinois and subject to this Act during the
836	836	9 preceding year. This information shall be submitted on a form
837	837	10 created by the Department of Labor. The Department of Labor
838	838	11 shall aggregate the information submitted by all registering
839	839	12 day and temporary labor service agencies by removing
840	840	13 identifying data and shall have the information available to
841	841	14 the public only on a municipal and county basis. As used in
842	842	15 this subsection and subsection (a-2) this paragraph,
843	843	16 "identifying data" means any and all information that: (i)
844	844	17 provides specific information on individual worker identity;
845	845	18 (ii) identifies the service agency in any manner; and (iii)
846	846	19 identifies clients utilizing the day and temporary labor
847	847	20 service agency or any other information that can be traced
848	848	21 back to any specific registering day and temporary labor
849	849	22 service agency or its client. The information and reports
850	850	23 submitted to the Department of Labor under this subsection by
851	851	24 the registering day and temporary labor service agencies are
852	852	25 exempt from inspection and copying under Section 7.5 of the
853	853	26 Freedom of Information Act. Any summary reports created by the
854	854
855	855
856	856
857	857
858	858
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860	860
861	861
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863	863	HB1604 - 23 - LRB103 26056 SPS 52411 b
864	864	1 Department shall be made available for public inspection on
865	865	2 the Department's website and shall not be exempt from
866	866	3 inspection and copying under the Freedom of Information Act.
867	867	4 (a-2) When a day and temporary labor service agency
868	868	5 registers with the Department, it shall submit to the
869	869	6 Department a report containing (i) the total number of W-2
870	870	7 forms issued to day or temporary laborers in Illinois during
871	871	8 the prior year broken down by branch office and (ii) the total
872	872	9 number of hours billed by the day and temporary labor service
873	873	10 agency from a branch office in Illinois broken down by branch
874	874	11 office. This information shall be submitted on a form created
875	875	12 by the Department. The Department shall aggregate the
876	876	13 information submitted by all registering day and temporary
877	877	14 labor service agencies by removing identifying data and shall
878	878	15 make the information available to the public on a municipal
879	879	16 and county basis. The information and reports submitted to the
880	880	17 Department under this subsection by the registering day and
881	881	18 temporary labor service agencies are exempt from inspection
882	882	19 and copying under the Freedom of Information Act. Any summary
883	883	20 reports created by the Department shall be made available for
884	884	21 public inspection on the Department's website and shall not be
885	885	22 exempt from inspection and copying under the Freedom of
886	886	23 Information Act.
887	887	24 (a-3) The Department shall deny a day and temporary labor
888	888	25 service agency's registration until all of the information
889	889	26 required in subsections (a-1) and (a-2) has been provided.
890	890
891	891
892	892
893	893
894	894
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896	896
897	897
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899	899	HB1604 - 24 - LRB103 26056 SPS 52411 b
900	900	1 (b) It is a violation of this Act to operate a day and
901	901	2 temporary labor service agency without first registering with
902	902	3 the Department in accordance with subsection (a) of this
903	903	4 Section. The Department shall create and maintain at regular
904	904	5 intervals on its website, accessible to the public: (1) a list
905	905	6 of all registered day and temporary labor service agencies in
906	906	7 the State whose registration is in good standing; (2) a list of
907	907	8 day and temporary labor service agencies in the State whose
908	908	9 registration has been suspended, including the reason for the
909	909	10 suspension, the date the suspension was initiated, and the
910	910	11 date, if known, the suspension is to be lifted; and (3) a list
911	911	12 of day and temporary labor service agencies in the State whose
912	912	13 registration has been revoked, including the reason for the
913	913	14 revocation and the date the registration was revoked. The
914	914	15 Department has the authority to assess a penalty against any
915	915	16 day and temporary labor service agency that fails to register
916	916	17 with the Department of Labor in accordance with this Act or any
917	917	18 rules adopted under this Act of $500 for each violation. Each
918	918	19 day during which a day and temporary labor service agency
919	919	20 operates without registering with the Department shall be a
920	920	21 separate and distinct violation of this Act.
921	921	22 (c) An applicant is not eligible to register to operate a
922	922	23 day and temporary labor service agency under this Act if the
923	923	24 applicant or any of its officers, directors, partners, or
924	924	25 managers or any owner of 25% or greater beneficial interest:
925	925	26 (1) has been involved, as owner, officer, director,
926	926
927	927
928	928
929	929
930	930
931	931	HB1604 - 24 - LRB103 26056 SPS 52411 b
932	932
933	933
934	934	HB1604- 25 -LRB103 26056 SPS 52411 b HB1604 - 25 - LRB103 26056 SPS 52411 b
935	935	HB1604 - 25 - LRB103 26056 SPS 52411 b
936	936	1 partner, or manager, of any day and temporary labor
937	937	2 service agency whose registration has been revoked or has
938	938	3 been suspended without being reinstated within the 5 years
939	939	4 immediately preceding the filing of the application; or
940	940	5 (2) is under the age of 18.
941	941	6 (d) Every agency shall post and keep posted at each
942	942	7 location, in a position easily accessible to all employees,
943	943	8 notices as supplied and required by the Department containing
944	944	9 a copy or summary of the provisions of the Act and a notice
945	945	10 which informs the public of a toll-free telephone number for
946	946	11 day or temporary laborers and the public to file wage dispute
947	947	12 complaints and other alleged violations by day and temporary
948	948	13 labor service agencies. Such notices shall be in English or
949	949	14 any other language generally understood in the locale of the
950	950	15 day and temporary labor service agency.
951	951	16 (Source: P.A. 100-517, eff. 6-1-18.)
952	952	17 (820 ILCS 175/50)
953	953	18 Sec. 50. Violations. The Department shall have the
954	954	19 authority to deny, suspend, or revoke the registration of a
955	955	20 day and temporary labor service agency if warranted by public
956	956	21 health and safety concerns or violations of this Act. The
957	957	22 Attorney General, pursuant to its authority under Section 6.3
958	958	23 of the Attorney General Act, may request that a circuit court
959	959	24 suspend or revoke the registration of a day and temporary
960	960	25 labor service agency when warranted by public health concern
961	961
962	962
963	963
964	964
965	965
966	966	HB1604 - 25 - LRB103 26056 SPS 52411 b
967	967
968	968
969	969	HB1604- 26 -LRB103 26056 SPS 52411 b HB1604 - 26 - LRB103 26056 SPS 52411 b
970	970	HB1604 - 26 - LRB103 26056 SPS 52411 b
971	971	1 or violations of this Act.
972	972	2 (Source: P.A. 94-511, eff. 1-1-06.)
973	973	3 (820 ILCS 175/55)
974	974	4 Sec. 55. Enforcement by the Department.
975	975	5 (a) It shall be the duty of the Department to enforce the
976	976	6 provisions of this Act. The Department shall have the power to
977	977	7 conduct investigations in connection with the administration
978	978	8 and enforcement of this Act and any investigator with the
979	979	9 Department shall be authorized to visit and inspect, at all
980	980	10 reasonable times, any places covered by this Act and shall be
981	981	11 authorized to inspect, at all reasonable times, contracts for
982	982	12 the employment of all day or temporary laborers entered into
983	983	13 by a third party client if the Department has received a
984	984	14 complaint indicating that the third party client may have
985	985	15 contracted with a day and temporary labor service agency that
986	986	16 is not registered under this Act. The Department shall conduct
987	987	17 hearings in accordance with the Illinois Administrative
988	988	18 Procedure Act upon written complaint by an investigator of the
989	989	19 Department or any interested person of a violation of the Act.
990	990	20 After the hearing, if supported by the evidence, the
991	991	21 Department may (i) issue and cause to be served on any party an
992	992	22 order to cease and desist from further violation of the Act,
993	993	23 (ii) take affirmative or other action as deemed reasonable to
994	994	24 eliminate the effect of the violation, (iii) deny, suspend, or
995	995	25 revoke any registration under this Act, and (iv) determine the
996	996
997	997
998	998
999	999
1000	1000
1001	1001	HB1604 - 26 - LRB103 26056 SPS 52411 b
1002	1002
1003	1003
1004	1004	HB1604- 27 -LRB103 26056 SPS 52411 b HB1604 - 27 - LRB103 26056 SPS 52411 b
1005	1005	HB1604 - 27 - LRB103 26056 SPS 52411 b
1006	1006	1 amount of any civil penalty allowed by the Act. The Director of
1007	1007	2 Labor or his or her representative may compel, by subpoena,
1008	1008	3 the attendance and testimony of witnesses and the production
1009	1009	4 of books, payrolls, records, papers, and other evidence in any
1010	1010	5 investigation or hearing and may administer oaths to
1011	1011	6 witnesses. Nothing in this Act applies to labor or employment
1012	1012	7 of a clerical or professional nature.
1013	1013	8 (b) If action has been initiated by an interested party as
1014	1014	9 to any violations pursuant to this Section prior to an
1015	1015	10 investigation by the Department, the Department shall not
1016	1016	11 launch an investigation of such violations until the
1017	1017	12 conclusion of the civil matter. The Department may intervene
1018	1018	13 in the civil matter as a party in interest. Intervention by the
1019	1019	14 Department shall not alter the rights of the interested party
1020	1020	15 under Section 67.
1021	1021	16 (c) Nothing in this Section shall in any way preclude a day
1022	1022	17 or temporary laborer or their representatives from bringing an
1023	1023	18 action to enforce rights pursuant to Section 95.
1024	1024	19 (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
1025	1025	20 (820 ILCS 175/67 new)
1026	1026	21 Sec. 67. Action for civil penalties brought by an
1027	1027	22 interested party.
1028	1028	23 (a) Upon a reasonable belief that a day and temporary
1029	1029	24 labor service agency or a third party client covered by this
1030	1030	25 Act is in violation of any part of this Act, an interested
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036	HB1604 - 27 - LRB103 26056 SPS 52411 b
1037	1037
1038	1038
1039	1039	HB1604- 28 -LRB103 26056 SPS 52411 b HB1604 - 28 - LRB103 26056 SPS 52411 b
1040	1040	HB1604 - 28 - LRB103 26056 SPS 52411 b
1041	1041	1 party may file suit against the covered entity in a circuit
1042	1042	2 court, in any county where some or all the alleged offenses
1043	1043	3 occurred, without regard to exhaustion of any alternative
1044	1044	4 administrative remedies provided in this Act.
1045	1045	5 (b) In an action brought under this Section, an interested
1046	1046	6 party may recover against the covered entity any statutory
1047	1047	7 penalties set forth in Section 70 and injunctive relief. An
1048	1048	8 interested party who prevails shall receive 10% of any
1049	1049	9 statutory penalties assessed, plus any attorney's fees and
1050	1050	10 expenses in bringing the action. The remaining 90% of any
1051	1051	11 statutory penalties assessed shall be deposited into the Child
1052	1052	12 Labor and Day and Temporary Labor Services Enforcement Fund
1053	1053	13 and shall be used exclusively for enforcement of this Act by
1054	1054	14 the Department.
1055	1055	15 (c) If the Department has initiated an investigation of
1056	1056	16 any alleged violation of the Act at the time a civil action is
1057	1057	17 filed, the civil action shall be stayed as to those violations
1058	1058	18 until the Department has completed its investigation. Recovery
1059	1059	19 by the Department of civil penalties under Section 70 for any
1060	1060	20 violation of the Act shall be an absolute defense to the civil
1061	1061	21 action by an interested party as to those violations only.
1062	1062	22 (d) The right of an interested party to bring an action
1063	1063	23 under this Section terminates upon the passing of 3 years from
1064	1064	24 the latest date of the violation. This period is tolled for the
1065	1065	25 period a civil action under this Section is stayed pending the
1066	1066	26 outcome of an investigation by the Department.
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072	HB1604 - 28 - LRB103 26056 SPS 52411 b
1073	1073
1074	1074
1075	1075	HB1604- 29 -LRB103 26056 SPS 52411 b HB1604 - 29 - LRB103 26056 SPS 52411 b
1076	1076	HB1604 - 29 - LRB103 26056 SPS 52411 b
1077	1077	1 (e) Nothing in this Section shall in any way prevent a day
1078	1078	2 or temporary laborer or his or her representatives from
1079	1079	3 bringing an action to enforce rights pursuant to Section 95.
1080	1080	4 (820 ILCS 175/70)
1081	1081	5 Sec. 70. Penalties.
1082	1082	6 (a) A day and temporary labor service agency or third
1083	1083	7 party client that violates any of the provisions of this Act or
1084	1084	8 any rule adopted under this Act shall be subject to a civil
1085	1085	9 penalty of not less than $100 and not more than to exceed
1086	1086	10 $1,000 $6,000 for each violation violations found in the first
1087	1087	11 audit by the Department or determined by a court in a civil
1088	1088	12 action brought by an interested party, or determined by a
1089	1089	13 court in a civil action brought by the Attorney General
1090	1090	14 pursuant to its authority under Section 6.3 of the Attorney
1091	1091	15 General Act. Following a first audit or civil action, a day and
1092	1092	16 temporary labor service agency or third party client shall be
1093	1093	17 subject to a civil penalty of not less than $500 and not more
1094	1094	18 than to exceed $2,500 for each repeat violation found by the
1095	1095	19 Department or circuit court within 3 years. For purposes of
1096	1096	20 this subsection, each violation of this Act for each day or
1097	1097	21 temporary laborer and for each day the violation continues
1098	1098	22 shall constitute a separate and distinct violation. In
1099	1099	23 determining the amount of a penalty, the Director or circuit
1100	1100	24 court shall consider the appropriateness of the penalty to the
1101	1101	25 day and temporary labor service agency or third party client
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107	HB1604 - 29 - LRB103 26056 SPS 52411 b
1108	1108
1109	1109
1110	1110	HB1604- 30 -LRB103 26056 SPS 52411 b HB1604 - 30 - LRB103 26056 SPS 52411 b
1111	1111	HB1604 - 30 - LRB103 26056 SPS 52411 b
1112	1112	1 charged, upon the determination of the gravity of the
1113	1113	2 violations. For any violation determined by the Department or
1114	1114	3 circuit court to be willful which is within 3 years of an
1115	1115	4 earlier violation, the Department may revoke the registration
1116	1116	5 of the violator, if the violator is a day and temporary labor
1117	1117	6 service agency. The amount of the penalty, when finally
1118	1118	7 determined, may be:
1119	1119	8 (1) Recovered in a civil action brought by the
1120	1120	9 Director of Labor in any circuit court. In this
1121	1121	10 litigation, the Director of Labor shall be represented by
1122	1122	11 the Attorney General.
1123	1123	12 (2) Ordered by the court, in an action brought by any
1124	1124	13 party, including the Attorney General pursuant to its
1125	1125	14 authority under Section 6.3 of the Attorney General Act,
1126	1126	15 for a violation under this Act, to be paid to the Director
1127	1127	16 of Labor.
1128	1128	17 (b) The Department shall adopt rules for violation
1129	1129	18 hearings and penalties for violations of this Act or the
1130	1130	19 Department's rules in conjunction with the penalties set forth
1131	1131	20 in this Act.
1132	1132	21 Any administrative determination by the Department as to
1133	1133	22 the amount of each penalty shall be final unless reviewed as
1134	1134	23 provided in Section 60 of this Act.
1135	1135	24 (Source: P.A. 96-1185, eff. 7-22-10.)
1136	1136	25 (820 ILCS 175/85)
1137	1137
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142	HB1604 - 30 - LRB103 26056 SPS 52411 b
1143	1143
1144	1144
1145	1145	HB1604- 31 -LRB103 26056 SPS 52411 b HB1604 - 31 - LRB103 26056 SPS 52411 b
1146	1146	HB1604 - 31 - LRB103 26056 SPS 52411 b
1147	1147	1 Sec. 85. Third party clients.
1148	1148	2 (a) It is a violation of this Act for a third party client
1149	1149	3 to enter into a contract for the employment of day or temporary
1150	1150	4 laborers with any day and temporary labor service agency not
1151	1151	5 registered under Section 45 of this Act. A third party client
1152	1152	6 has a duty to verify a day and temporary labor service agency's
1153	1153	7 status with the Department before entering into a contract
1154	1154	8 with such an agency, and on March 1 and September 1 of each
1155	1155	9 year. A day and temporary labor service agency shall be
1156	1156	10 required to provide each of its third party clients with proof
1157	1157	11 of valid registration issued by the Department at the time of
1158	1158	12 entering into a contract. A day and temporary labor service
1159	1159	13 agency shall be required to notify, both by telephone and in
1160	1160	14 writing, each day or temporary laborer it employs and each
1161	1161	15 third party client with whom it has a contract within 24 hours
1162	1162	16 of any denial, suspension, or revocation of its registration
1163	1163	17 by the Department. All contracts between any day and temporary
1164	1164	18 labor service agency and any third party client shall be
1165	1165	19 considered null and void from the date any such denial,
1166	1166	20 suspension, or revocation of registration becomes effective
1167	1167	21 and until such time as the day and temporary labor service
1168	1168	22 agency becomes registered and considered in good standing by
1169	1169	23 the Department as provided in Section 50 and Section 55. Upon
1170	1170	24 request, the Department shall provide to a third party client
1171	1171	25 a list of entities registered as day and temporary labor
1172	1172	26 service agencies. The Department shall provide on the Internet
1173	1173
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178	HB1604 - 31 - LRB103 26056 SPS 52411 b
1179	1179
1180	1180
1181	1181	HB1604- 32 -LRB103 26056 SPS 52411 b HB1604 - 32 - LRB103 26056 SPS 52411 b
1182	1182	HB1604 - 32 - LRB103 26056 SPS 52411 b
1183	1183	1 a list of entities registered as day and temporary labor
1184	1184	2 service agencies. A third party client may rely on information
1185	1185	3 provided by the Department or maintained on the Department's
1186	1186	4 website pursuant to Section 45 of this Act and shall be held
1187	1187	5 harmless if such information maintained or provided by the
1188	1188	6 Department was inaccurate. Any third party client that
1189	1189	7 violates this provision of the Act is subject to a civil
1190	1190	8 penalty of not less than $100 and not to exceed $1,000 $500.
1191	1191	9 Each day during which a third party client contracts with a day
1192	1192	10 and temporary labor service agency not registered under
1193	1193	11 Section 45 of this Act shall constitute a separate and
1194	1194	12 distinct offense.
1195	1195	13 (b) If a third party client leases or contracts with a day
1196	1196	14 and temporary service agency for the services of a day or
1197	1197	15 temporary laborer, the third party client shall share all
1198	1198	16 legal responsibility and liability for the payment of wages
1199	1199	17 under the Illinois Wage Payment and Collection Act and the
1200	1200	18 Minimum Wage Law.
1201	1201	19 (c) Whenever a day or temporary laborer is assigned to
1202	1202	20 work at a third party client, the day or temporary laborer
1203	1203	21 shall receive training on all machinery that the day or
1204	1204	22 temporary laborer is required to operate or work on in the
1205	1205	23 vicinity of where reasonable precautions would be expected to
1206	1206	24 be taken equivalent to any training provided to directly hired
1207	1207	25 employees of the third party client who operate the same or
1208	1208	26 substantially similar machinery in advance of the day or
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214	HB1604 - 32 - LRB103 26056 SPS 52411 b
1215	1215
1216	1216
1217	1217	HB1604- 33 -LRB103 26056 SPS 52411 b HB1604 - 33 - LRB103 26056 SPS 52411 b
1218	1218	HB1604 - 33 - LRB103 26056 SPS 52411 b
1219	1219	1 temporary laborer operating or working in the vicinity of such
1220	1220	2 machinery. The third party client and day and temporary labor
1221	1221	3 service agency shall jointly have a duty to ensure that such
1222	1222	4 training is provided in advance of any work performed by a day
1223	1223	5 or temporary laborer. Failure to provide the training
1224	1224	6 prescribed in this Section constitutes a health and safety
1225	1225	7 violation by the third party client and the day and temporary
1226	1226	8 labor service agency under Section 95 in addition to any other
1227	1227	9 relief available to the day or temporary laborer under law.
1228	1228	10 (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
1229	1229	11 (820 ILCS 175/87 new)
1230	1230	12 Sec. 87. Prohibition against abusive contracts.
1231	1231	13 (a) Any contract entered into between a day or temporary
1232	1232	14 laborer and a day and temporary labor service agency or third
1233	1233	15 party client that in any way limits or affects the day or
1234	1234	16 temporary laborer's ability to enforce rights under this Act,
1235	1235	17 including the venue for enforcement, or other workplace-based
1236	1236	18 rights under Illinois law must meet the following criteria to
1237	1237	19 be valid and enforceable:
1238	1238	20 (1) the contract must be in writing and executed by
1239	1239	21 original, ink signatures with a hard copy given to the day
1240	1240	22 or temporary laborer;
1241	1241	23 (2) the contract must be signed by any party that
1242	1242	24 seeks to bind the day or temporary laborer to the
1243	1243	25 agreement;
1244	1244
1245	1245
1246	1246
1247	1247
1248	1248
1249	1249	HB1604 - 33 - LRB103 26056 SPS 52411 b
1250	1250
1251	1251
1252	1252	HB1604- 34 -LRB103 26056 SPS 52411 b HB1604 - 34 - LRB103 26056 SPS 52411 b
1253	1253	HB1604 - 34 - LRB103 26056 SPS 52411 b
1254	1254	1 (3) the contract must be valid only for the term of the
1255	1255	2 day or temporary laborer's current assignment to a client
1256	1256	3 company and expires after the assignment concludes;
1257	1257	4 (4) the original contract must be maintained and
1258	1258	5 produced in any proceeding to enforce the terms of the
1259	1259	6 contract; and
1260	1260	7 (5) if any provision of such a contract is deemed
1261	1261	8 unenforceable under Illinois law, the entire agreement
1262	1262	9 must be unenforceable.
1263	1263	10 (b) Any contract entered into between a temporary labor
1264	1264	11 service agency and any third party client that may impact a day
1265	1265	12 or temporary laborer's wages, ability to work at another day
1266	1266	13 and temporary labor service agency or third party client
1267	1267	14 company must be disclosed and a copy provided to each day or
1268	1268	15 temporary laborer in a language that the day or temporary
1269	1269	16 laborer understands within 7 days after the contract goes into
1270	1270	17 effect or impacts the day or temporary laborer.
1271	1271	18 (c) The failure by a day and temporary labor service
1272	1272	19 agency or client company to provide any of the information
1273	1273	20 required by this Section shall constitute a notice violation
1274	1274	21 under Section 95. The failure to provide each piece of
1275	1275	22 information required by this Section at each time it is
1276	1276	23 required by this Section shall constitute a separate and
1277	1277	24 distinct notice violation.
1278	1278	25 (820 ILCS 175/90)
1279	1279
1280	1280
1281	1281
1282	1282
1283	1283
1284	1284	HB1604 - 34 - LRB103 26056 SPS 52411 b
1285	1285
1286	1286
1287	1287	HB1604- 35 -LRB103 26056 SPS 52411 b HB1604 - 35 - LRB103 26056 SPS 52411 b
1288	1288	HB1604 - 35 - LRB103 26056 SPS 52411 b
1289	1289	1 Sec. 90. Retaliation.
1290	1290	2 (a) Prohibition. It is a violation of this Act for a day
1291	1291	3 and temporary labor service agency or third party client, or
1292	1292	4 any agent of a day and temporary labor service agency or third
1293	1293	5 party client, to retaliate through removal from an assignment,
1294	1294	6 a failure to assign, discharge, or in any other manner of
1295	1295	7 negative job actions against any day or temporary laborer for
1296	1296	8 exercising any rights granted under this Act. Such retaliation
1297	1297	9 shall subject a day and temporary labor service agency or
1298	1298	10 third party client, or both, to civil penalties pursuant to
1299	1299	11 this Act or a private cause of action.
1300	1300	12 (b) Protected Acts from Retaliation. It is a violation of
1301	1301	13 this Act for a day and temporary labor service agency or third
1302	1302	14 party client to retaliate against a day or temporary laborer
1303	1303	15 for:
1304	1304	16 (1) making a complaint to a day and temporary labor
1305	1305	17 service agency, to a third party client, to a co-worker,
1306	1306	18 to a community organization, before a public hearing, or
1307	1307	19 to a State or federal agency that rights guaranteed under
1308	1308	20 this Act have been violated;
1309	1309	21 (2) causing to be instituted any proceeding under or
1310	1310	22 related to this Act; or
1311	1311	23 (3) testifying or preparing to testify in an
1312	1312	24 investigation or proceeding under this Act; or .
1313	1313	25 (4) refusing an assignment to any place where a
1314	1314	26 strike, a lockout, or other labor trouble exists.
1315	1315
1316	1316
1317	1317
1318	1318
1319	1319
1320	1320	HB1604 - 35 - LRB103 26056 SPS 52411 b
1321	1321
1322	1322
1323	1323	HB1604- 36 -LRB103 26056 SPS 52411 b HB1604 - 36 - LRB103 26056 SPS 52411 b
1324	1324	HB1604 - 36 - LRB103 26056 SPS 52411 b
1325	1325	1 (Source: P.A. 94-511, eff. 1-1-06.)
1326	1326	2 (820 ILCS 175/95)
1327	1327	3 Sec. 95. Private Right of Action.
1328	1328	4 (a) A person aggrieved by a violation of this Act or any
1329	1329	5 rule adopted under this Act by a day and temporary labor
1330	1330	6 service agency or a third party client may file suit in circuit
1331	1331	7 court of Illinois, in the county where the alleged offense
1332	1332	8 occurred or where any day or temporary laborer who is party to
1333	1333	9 the action resides, without regard to exhaustion of any
1334	1334	10 alternative administrative remedies provided in this Act. A
1335	1335	11 day and temporary labor service agency aggrieved by a
1336	1336	12 violation of this Act or any rule adopted under this Act by a
1337	1337	13 third party client may file suit in circuit court of Illinois,
1338	1338	14 in the county where the alleged offense occurred or where the
1339	1339	15 day and temporary labor service agency which is party to the
1340	1340	16 action is located. Actions may be brought by one or more day or
1341	1341	17 temporary laborers for and on behalf of themselves and other
1342	1342	18 day or temporary laborers similarly situated. A day or
1343	1343	19 temporary laborer whose rights have been violated under this
1344	1344	20 Act by a day and temporary labor service agency or a third
1345	1345	21 party client or a day and temporary labor service agency whose
1346	1346	22 rights have been violated under this Act by a third party
1347	1347	23 client is entitled to collect:
1348	1348	24 (1) in the case of a wage and hour violation, the
1349	1349	25 amount of any wages, salary, employment benefits, or other
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354
1355	1355	HB1604 - 36 - LRB103 26056 SPS 52411 b
1356	1356
1357	1357
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1359	1359	HB1604 - 37 - LRB103 26056 SPS 52411 b
1360	1360	1 compensation denied or lost to the day or temporary
1361	1361	2 laborer or day and temporary labor service agency by
1362	1362	3 reason of the violation, plus an equal amount in
1363	1363	4 liquidated damages;
1364	1364	5 (2) in the case of a health and safety or notice
1365	1365	6 violation, compensatory damages and an amount of not less
1366	1366	7 than $100 but not more than $1,000 for each up to $500 for
1367	1367	8 the violation of each subpart of each Section;
1368	1368	9 (3) in the case of unlawful retaliation, the greater
1369	1369	10 of all legal or equitable relief as may be appropriate or
1370	1370	11 liquidated damages equal to $25,000 per incident of
1371	1371	12 retaliation, at the selection of the aggrieved person, and
1372	1372	13 reinstatement, if appropriate; and
1373	1373	14 (4) attorney's fees and costs.
1374	1374	15 (a-5) Upon a reasonable belief that a day and temporary
1375	1375	16 labor service agency has violated any provision of this Act,
1376	1376	17 an interested party shall have the right to bring an action for
1377	1377	18 any such violation on the same basis as an aggrieved day or
1378	1378	19 temporary laborer provided in subsection (a), except that the
1379	1379	20 interested party need not be aggrieved in order to:
1380	1380	21 (1) disgorge, in the case of a wage and hour
1381	1381	22 violation, any financial benefit to the employer from
1382	1382	23 unpaid wages in the amount of all unpaid wages, plus
1383	1383	24 statutory interest and statutory damages and attorneys'
1384	1384	25 fees and costs as provided herein and in the Minimum Wage
1385	1385	26 Law and Wage Payment and Collection Act; and
1386	1386
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1388	1388
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1396	1396	1 (2) pursue, in the case of a health and safety or
1397	1397	2 notice violation, an amount of not less than $100 but not
1398	1398	3 more than $1,000 for each violation of each subpart of
1399	1399	4 each Section.
1400	1400	5 An interested party may bring an action to disgorge the
1401	1401	6 amounts provided in paragraphs (1) and (2) for similarly
1402	1402	7 situated employees of the day and temporary labor service
1403	1403	8 agency who do not request to exclude themselves from the
1404	1404	9 proceeding. In adjudicating an action involving a class of
1405	1405	10 similarly situated employees brought under this subsection,
1406	1406	11 the circuit court shall apply the procedures set forth in Part
1407	1407	12 8 of Article II of the Code of Civil Procedure, except that
1408	1408	13 there shall be no requirement that the interested party have a
1409	1409	14 claim or claims that are common to or are typical of the
1410	1410	15 members of the class. Any funds for unpaid wages, statutory
1411	1411	16 interest or statutory damages disgorged from an employer and
1412	1412	17 awarded in an action brought under this subsection shall be
1413	1413	18 distributed to all employees, other than those who exclude
1414	1414	19 themselves from the action pursuant to the procedure set forth
1415	1415	20 in subsection (b) of Section 2-804 of the Code of Civil
1416	1416	21 Procedure, in proportion to the amount of each employee's
1417	1417	22 unpaid wages.
1418	1418	23 (b) The right of an aggrieved person to bring an action
1419	1419	24 under this Section terminates upon the passing of 3 years from
1420	1420	25 the final date of employment by the day and temporary labor
1421	1421	26 agency or the third party client or upon the passing of 3 years
1422	1422
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1432	1432	1 from the date of termination of the contract between the day
1433	1433	2 and temporary labor service agency and the third party client.
1434	1434	3 This limitations period is tolled if a day labor employer has
1435	1435	4 deterred a day and temporary labor service agency or day or
1436	1436	5 temporary laborer's exercise of rights under this Act by
1437	1437	6 contacting or threatening to contact law enforcement agencies.
1438	1438	7 The right of an interested party to bring an action under this
1439	1439	8 Section on behalf of a day or temporary laborer, a group of day
1440	1440	9 or temporary laborers, or a class of day or temporary laborers
1441	1441	10 terminates 3 years after the date of termination of the
1442	1442	11 contract between the day and temporary labor service agency
1443	1443	12 and the third party client.
1444	1444	13 (Source: P.A. 96-1185, eff. 7-22-10.)
1445	1445	14 Section 99. Effective date. This Act takes effect July 1,
1446	1446	15 2023.
1447	1447
1448	1448
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