| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0437 | |
| 2 | 1 | HB2862 EnrolledLRB103 03414 AMQ 48420 b HB2862 Enrolled LRB103 03414 AMQ 48420 b | |
| 3 | 2 | HB2862 Enrolled LRB103 03414 AMQ 48420 b | |
| 4 | - | AN ACT concerning regulation. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Day and Temporary Labor Services Act is | |
| 8 | - | amended by changing Sections 2, 5, 30, 45, 50, 55, 70, and 85 | |
| 9 | - | and by adding Sections 11, 42, and 67 as follows: | |
| 10 | - | (820 ILCS 175/2) | |
| 11 | - | Sec. 2. Legislative Findings. The General Assembly finds | |
| 12 | - | as follows: | |
| 13 | - | Since the passage of this Act, the number of Over 300,000 | |
| 14 | - | workers who work as day or temporary laborers in Illinois has | |
| 15 | - | risen from approximately 300,000 to more than 650,000 | |
| 16 | - | according to data collected by the Department of Labor. | |
| 17 | - | Since the passage of this Act, the number of Approximately | |
| 18 | - | 150 day labor and temporary labor service agencies registered | |
| 19 | - | in Illinois has risen from approximately 150 with 600 branch | |
| 20 | - | offices to over 300 with over 800 branch offices with nearly | |
| 21 | - | 600 branch offices are licensed throughout Illinois. In | |
| 22 | - | addition, there still exists is a significant large, though | |
| 23 | - | unknown, number of unregistered unlicensed day labor and | |
| 24 | - | temporary labor service agencies that operate outside the | |
| 25 | - | radar of law enforcement. | |
| 26 | - | Recent studies and a survey of low-wage day or temporary | |
| 3 | + | 1 AN ACT concerning regulation. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Day and Temporary Labor Services Act is | |
| 7 | + | 5 amended by changing Sections 2, 5, 30, 45, 50, 55, 70, and 85 | |
| 8 | + | 6 and by adding Sections 11, 42, and 67 as follows: | |
| 9 | + | 7 (820 ILCS 175/2) | |
| 10 | + | 8 Sec. 2. Legislative Findings. The General Assembly finds | |
| 11 | + | 9 as follows: | |
| 12 | + | 10 Since the passage of this Act, the number of Over 300,000 | |
| 13 | + | 11 workers who work as day or temporary laborers in Illinois has | |
| 14 | + | 12 risen from approximately 300,000 to more than 650,000 | |
| 15 | + | 13 according to data collected by the Department of Labor. | |
| 16 | + | 14 Since the passage of this Act, the number of Approximately | |
| 17 | + | 15 150 day labor and temporary labor service agencies registered | |
| 18 | + | 16 in Illinois has risen from approximately 150 with 600 branch | |
| 19 | + | 17 offices to over 300 with over 800 branch offices with nearly | |
| 20 | + | 18 600 branch offices are licensed throughout Illinois. In | |
| 21 | + | 19 addition, there still exists is a significant large, though | |
| 22 | + | 20 unknown, number of unregistered unlicensed day labor and | |
| 23 | + | 21 temporary labor service agencies that operate outside the | |
| 24 | + | 22 radar of law enforcement. | |
| 25 | + | 23 Recent studies and a survey of low-wage day or temporary | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB2862 Enrolled LRB103 03414 AMQ 48420 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | laborers themselves have consistently found finds that as a | |
| 34 | - | group, they are particularly vulnerable to abuse of their | |
| 35 | - | labor rights, including unpaid wages, failure to pay for all | |
| 36 | - | hours worked, minimum wage and overtime violations, and | |
| 37 | - | unlawful deductions deduction from pay for meals, | |
| 38 | - | transportation, equipment, and other items. | |
| 39 | - | Current law is inadequate to protect the labor and | |
| 40 | - | employment rights of these workers. | |
| 41 | - | At the same time, in Illinois and in other states, | |
| 42 | - | democratically run nonprofit day labor centers, which charge | |
| 43 | - | no fee for their services, have been established to provide an | |
| 44 | - | alternative for day or temporary laborers to solicit work on | |
| 45 | - | street corners. These centers are not subject to this Act. | |
| 46 | - | (Source: P.A. 94-511, eff. 1-1-06.) | |
| 47 | - | (820 ILCS 175/5) | |
| 48 | - | Sec. 5. Definitions. As used in this Act: | |
| 49 | - | "Day or temporary laborer" means a natural person who | |
| 50 | - | contracts for employment with a day and temporary labor | |
| 51 | - | service agency. | |
| 52 | - | "Day and temporary labor" means work performed by a day or | |
| 53 | - | temporary laborer at a third party client, the duration of | |
| 54 | - | which may be specific or undefined, pursuant to a contract or | |
| 55 | - | understanding between the day and temporary labor service | |
| 56 | - | agency and the third party client. "Day and temporary labor" | |
| 57 | - | does not include labor or employment of a professional or | |
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| 34 | + | 1 laborers themselves have consistently found finds that as a | |
| 35 | + | 2 group, they are particularly vulnerable to abuse of their | |
| 36 | + | 3 labor rights, including unpaid wages, failure to pay for all | |
| 37 | + | 4 hours worked, minimum wage and overtime violations, and | |
| 38 | + | 5 unlawful deductions deduction from pay for meals, | |
| 39 | + | 6 transportation, equipment, and other items. | |
| 40 | + | 7 Current law is inadequate to protect the labor and | |
| 41 | + | 8 employment rights of these workers. | |
| 42 | + | 9 At the same time, in Illinois and in other states, | |
| 43 | + | 10 democratically run nonprofit day labor centers, which charge | |
| 44 | + | 11 no fee for their services, have been established to provide an | |
| 45 | + | 12 alternative for day or temporary laborers to solicit work on | |
| 46 | + | 13 street corners. These centers are not subject to this Act. | |
| 47 | + | 14 (Source: P.A. 94-511, eff. 1-1-06.) | |
| 48 | + | 15 (820 ILCS 175/5) | |
| 49 | + | 16 Sec. 5. Definitions. As used in this Act: | |
| 50 | + | 17 "Day or temporary laborer" means a natural person who | |
| 51 | + | 18 contracts for employment with a day and temporary labor | |
| 52 | + | 19 service agency. | |
| 53 | + | 20 "Day and temporary labor" means work performed by a day or | |
| 54 | + | 21 temporary laborer at a third party client, the duration of | |
| 55 | + | 22 which may be specific or undefined, pursuant to a contract or | |
| 56 | + | 23 understanding between the day and temporary labor service | |
| 57 | + | 24 agency and the third party client. "Day and temporary labor" | |
| 58 | + | 25 does not include labor or employment of a professional or | |
| 58 | 59 | ||
| 59 | 60 | ||
| 60 | - | clerical nature. | |
| 61 | - | "Day and temporary labor service agency" means any person | |
| 62 | - | or entity engaged in the business of employing day or | |
| 63 | - | temporary laborers to provide services, for a fee, to or for | |
| 64 | - | any third party client pursuant to a contract with the day and | |
| 65 | - | temporary labor service agency and the third party client. | |
| 66 | - | "Department" means the Department of Labor. | |
| 67 | - | "Interested party" means an organization that monitors or | |
| 68 | - | is attentive to compliance with public or worker safety laws, | |
| 69 | - | wage and hour requirements, or other statutory requirements. | |
| 70 | - | "Third party client" means any person that contracts with | |
| 71 | - | a day and temporary labor service agency for obtaining day or | |
| 72 | - | temporary laborers. | |
| 73 | - | "Person" means every natural person, firm, partnership, | |
| 74 | - | co-partnership, limited liability company, corporation, | |
| 75 | - | association, business trust, or other legal entity, or its | |
| 76 | - | legal representatives, agents, or assigns. | |
| 77 | - | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.) | |
| 78 | - | (820 ILCS 175/11 new) | |
| 79 | - | Sec. 11. Right to refuse assignment to a labor dispute. | |
| 80 | - | (a) No day and temporary labor service agency may send a | |
| 81 | - | day or temporary laborer to a place where a strike, a lockout, | |
| 82 | - | or other labor trouble exists without providing, at or before | |
| 83 | - | the time of dispatch, a statement, in writing and in a language | |
| 84 | - | that the day and temporary laborer understands, informing the | |
| 85 | 61 | ||
| 86 | 62 | ||
| 87 | - | day or temporary laborer of the labor dispute and the day or | |
| 88 | - | temporary laborer's right to refuse the assignment without | |
| 89 | - | prejudice to receiving another assignment. | |
| 90 | - | (b) The failure by a day and temporary labor service | |
| 91 | - | agency to provide any of the information required by this | |
| 92 | - | Section shall constitute a notice violation under Section 95. | |
| 93 | - | The failure of a day and temporary labor service agency to | |
| 94 | - | provide each piece of information required by this Section at | |
| 95 | - | each time it is required by this Section shall constitute a | |
| 96 | - | separate and distinct notice violation. If a day and temporary | |
| 97 | - | labor service agency claims that it has provided a notice as | |
| 98 | - | required under this Section electronically, the day and | |
| 99 | - | temporary labor service agency shall bear the burden of | |
| 100 | - | showing that the notice was provided if there is a dispute. | |
| 101 | - | (820 ILCS 175/30) | |
| 102 | - | Sec. 30. Wage Payment and Notice. | |
| 103 | - | (a) At the time of payment of wages, a day and temporary | |
| 104 | - | labor service agency shall provide each day or temporary | |
| 105 | - | laborer with a detailed itemized statement, on the day or | |
| 106 | - | temporary laborer's paycheck stub or on a form approved by the | |
| 107 | - | Department, listing the following: | |
| 108 | - | (1) the name, address, and telephone number of each | |
| 109 | - | third party client at which the day or temporary laborer | |
| 110 | - | worked. If this information is provided on the day or | |
| 111 | - | temporary laborer's paycheck stub, a code for each third | |
| 63 | + | ||
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| 112 | 65 | ||
| 113 | 66 | ||
| 114 | - | party client may be used so long as the required | |
| 115 | - | information for each coded third party client is made | |
| 116 | - | available to the day or temporary laborer; | |
| 117 | - | (2) the number of hours worked by the day or temporary | |
| 118 | - | laborer at each third party client each day during the pay | |
| 119 | - | period. If the day or temporary laborer is assigned to | |
| 120 | - | work at the same work site of the same third party client | |
| 121 | - | for multiple days in the same work week, the day and | |
| 122 | - | temporary labor service agency may record a summary of | |
| 123 | - | hours worked at that third party client's worksite so long | |
| 124 | - | as the first and last day of that work week are identified | |
| 125 | - | as well. The term "hours worked" has the meaning ascribed | |
| 126 | - | to that term in 56 Ill. Adm. Code 210.110 and in accordance | |
| 127 | - | with all applicable rules or court interpretations under | |
| 128 | - | 56 Ill. Adm. Code 210.110; | |
| 129 | - | (3) the rate of payment for each hour worked, | |
| 130 | - | including any premium rate or bonus; | |
| 131 | - | (4) the total pay period earnings; | |
| 132 | - | (5) all deductions made from the day or temporary | |
| 133 | - | laborer's compensation made either by the third party | |
| 134 | - | client or by the day and temporary labor service agency, | |
| 135 | - | and the purpose for which deductions were made, including | |
| 136 | - | for the day or temporary laborer's transportation, food, | |
| 137 | - | equipment, withheld income tax, withheld social security | |
| 138 | - | payments, and every other deduction; and | |
| 139 | - | (6) any additional information required by rules | |
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| 68 | + | HB2862 Enrolled - 3 - LRB103 03414 AMQ 48420 b | |
| 69 | + | 1 clerical nature. | |
| 70 | + | 2 "Day and temporary labor service agency" means any person | |
| 71 | + | 3 or entity engaged in the business of employing day or | |
| 72 | + | 4 temporary laborers to provide services, for a fee, to or for | |
| 73 | + | 5 any third party client pursuant to a contract with the day and | |
| 74 | + | 6 temporary labor service agency and the third party client. | |
| 75 | + | 7 "Department" means the Department of Labor. | |
| 76 | + | 8 "Interested party" means an organization that monitors or | |
| 77 | + | 9 is attentive to compliance with public or worker safety laws, | |
| 78 | + | 10 wage and hour requirements, or other statutory requirements. | |
| 79 | + | 11 "Third party client" means any person that contracts with | |
| 80 | + | 12 a day and temporary labor service agency for obtaining day or | |
| 81 | + | 13 temporary laborers. | |
| 82 | + | 14 "Person" means every natural person, firm, partnership, | |
| 83 | + | 15 co-partnership, limited liability company, corporation, | |
| 84 | + | 16 association, business trust, or other legal entity, or its | |
| 85 | + | 17 legal representatives, agents, or assigns. | |
| 86 | + | 18 (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.) | |
| 87 | + | 19 (820 ILCS 175/11 new) | |
| 88 | + | 20 Sec. 11. Right to refuse assignment to a labor dispute. | |
| 89 | + | 21 (a) No day and temporary labor service agency may send a | |
| 90 | + | 22 day or temporary laborer to a place where a strike, a lockout, | |
| 91 | + | 23 or other labor trouble exists without providing, at or before | |
| 92 | + | 24 the time of dispatch, a statement, in writing and in a language | |
| 93 | + | 25 that the day and temporary laborer understands, informing the | |
| 140 | 94 | ||
| 141 | 95 | ||
| 142 | - | issued by the Department. | |
| 143 | - | (a-1) For each day or temporary laborer who is contracted | |
| 144 | - | to work a single day, the third party client shall, at the end | |
| 145 | - | of the work day, provide such day or temporary laborer with a | |
| 146 | - | Work Verification Form, approved by the Department, which | |
| 147 | - | shall contain the date, the day or temporary laborer's name, | |
| 148 | - | the work location, and the hours worked on that day. Any third | |
| 149 | - | party client who violates this subsection (a-1) may be subject | |
| 150 | - | to a civil penalty of not less than $100 and not more than | |
| 151 | - | $1,500 to exceed $500 for each violation found by the | |
| 152 | - | Department. Such civil penalty shall may increase to not less | |
| 153 | - | than $500 and not more than $7,500 $2,500 for a second or | |
| 154 | - | subsequent violation. For purposes of this subsection (a-1), | |
| 155 | - | each violation of this subsection (a-1) for each day or | |
| 156 | - | temporary laborer and for each day the violation continues | |
| 157 | - | shall constitute a separate and distinct violation. | |
| 158 | - | (b) A day and temporary labor service agency shall provide | |
| 159 | - | each worker an annual earnings summary within a reasonable | |
| 160 | - | time after the preceding calendar year, but in no case later | |
| 161 | - | than February 1. A day and temporary labor service agency | |
| 162 | - | shall, at the time of each wage payment, give notice to day or | |
| 163 | - | temporary laborers of the availability of the annual earnings | |
| 164 | - | summary or post such a notice in a conspicuous place in the | |
| 165 | - | public reception area. | |
| 166 | - | (c) At the request of a day or temporary laborer, a day and | |
| 167 | - | temporary labor service agency shall hold the daily wages of | |
| 168 | 96 | ||
| 169 | 97 | ||
| 170 | - | the day or temporary laborer and make either weekly, | |
| 171 | - | bi-weekly, or semi-monthly payments. The wages shall be paid | |
| 172 | - | in a single check, or, at the day or temporary laborer's sole | |
| 173 | - | option, by direct deposit or other manner approved by the | |
| 174 | - | Department, representing the wages earned during the period, | |
| 175 | - | either weekly, bi-weekly, or semi-monthly, designated by the | |
| 176 | - | day or temporary laborer in accordance with the Illinois Wage | |
| 177 | - | Payment and Collection Act. Vouchers or any other method of | |
| 178 | - | payment which is not generally negotiable shall be prohibited | |
| 179 | - | as a method of payment of wages. Day and temporary labor | |
| 180 | - | service agencies that make daily wage payments shall provide | |
| 181 | - | written notification to all day or temporary laborers of the | |
| 182 | - | right to request weekly, bi-weekly, or semi-monthly checks. | |
| 183 | - | The day and temporary labor service agency may provide this | |
| 184 | - | notice by conspicuously posting the notice at the location | |
| 185 | - | where the wages are received by the day or temporary laborers. | |
| 186 | - | (d) No day and temporary labor service agency shall charge | |
| 187 | - | any day or temporary laborer for cashing a check issued by the | |
| 188 | - | agency for wages earned by a day or temporary laborer who | |
| 189 | - | performed work through that agency. No day and temporary labor | |
| 190 | - | service agency or third party client shall charge any day or | |
| 191 | - | temporary laborer for the expense of conducting any consumer | |
| 192 | - | report, as that term is defined in the Fair Credit Reporting | |
| 193 | - | Act, 15 U.S.C. 1681a(d), any criminal background check of any | |
| 194 | - | kind, or any drug test of any kind. | |
| 195 | - | (e) Day or temporary laborers shall be paid no less than | |
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| 196 | 100 | ||
| 197 | 101 | ||
| 198 | - | the wage rate stated in the notice as provided in Section 10 of | |
| 199 | - | this Act for all the work performed on behalf of the third | |
| 200 | - | party client in addition to the work listed in the written | |
| 201 | - | description. | |
| 202 | - | (f) The total amount deducted for meals, equipment, and | |
| 203 | - | transportation may not cause a day or temporary laborer's | |
| 204 | - | hourly wage to fall below the State or federal minimum wage. | |
| 205 | - | However, a day and temporary labor service agency may deduct | |
| 206 | - | the actual market value of reusable equipment provided to the | |
| 207 | - | day or temporary laborer by the day and temporary labor | |
| 208 | - | service agency which the day or temporary laborer fails to | |
| 209 | - | return, if the day or temporary laborer provides a written | |
| 210 | - | authorization for such deduction at the time the deduction is | |
| 211 | - | made. | |
| 212 | - | (g) A day or temporary laborer who is contracted by a day | |
| 213 | - | and temporary labor service agency to work at a third party | |
| 214 | - | client's worksite but is not utilized by the third party | |
| 215 | - | client shall be paid by the day and temporary labor service | |
| 216 | - | agency for a minimum of 4 hours of pay at the agreed upon rate | |
| 217 | - | of pay. However, in the event the day and temporary labor | |
| 218 | - | service agency contracts the day or temporary laborer to work | |
| 219 | - | at another location during the same shift, the day or | |
| 220 | - | temporary laborer shall be paid by the day and temporary labor | |
| 221 | - | service agency for a minimum of 2 hours of pay at the agreed | |
| 222 | - | upon rate of pay. | |
| 223 | - | (h) A third party client is required to pay wages and | |
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| 104 | + | 1 day or temporary laborer of the labor dispute and the day or | |
| 105 | + | 2 temporary laborer's right to refuse the assignment without | |
| 106 | + | 3 prejudice to receiving another assignment. | |
| 107 | + | 4 (b) The failure by a day and temporary labor service | |
| 108 | + | 5 agency to provide any of the information required by this | |
| 109 | + | 6 Section shall constitute a notice violation under Section 95. | |
| 110 | + | 7 The failure of a day and temporary labor service agency to | |
| 111 | + | 8 provide each piece of information required by this Section at | |
| 112 | + | 9 each time it is required by this Section shall constitute a | |
| 113 | + | 10 separate and distinct notice violation. If a day and temporary | |
| 114 | + | 11 labor service agency claims that it has provided a notice as | |
| 115 | + | 12 required under this Section electronically, the day and | |
| 116 | + | 13 temporary labor service agency shall bear the burden of | |
| 117 | + | 14 showing that the notice was provided if there is a dispute. | |
| 118 | + | 15 (820 ILCS 175/30) | |
| 119 | + | 16 Sec. 30. Wage Payment and Notice. | |
| 120 | + | 17 (a) At the time of payment of wages, a day and temporary | |
| 121 | + | 18 labor service agency shall provide each day or temporary | |
| 122 | + | 19 laborer with a detailed itemized statement, on the day or | |
| 123 | + | 20 temporary laborer's paycheck stub or on a form approved by the | |
| 124 | + | 21 Department, listing the following: | |
| 125 | + | 22 (1) the name, address, and telephone number of each | |
| 126 | + | 23 third party client at which the day or temporary laborer | |
| 127 | + | 24 worked. If this information is provided on the day or | |
| 128 | + | 25 temporary laborer's paycheck stub, a code for each third | |
| 224 | 129 | ||
| 225 | 130 | ||
| 226 | - | related payroll taxes to a licensed day and temporary labor | |
| 227 | - | service agency for services performed by the day or temporary | |
| 228 | - | laborer for the third party client according to payment terms | |
| 229 | - | outlined on invoices, service agreements, or stated terms | |
| 230 | - | provided by the day and temporary labor service agency. A | |
| 231 | - | third party client who fails to comply with this subsection | |
| 232 | - | (h) is subject to the penalties provided in Section 70 of this | |
| 233 | - | Act. The Department shall review a complaint filed by a | |
| 234 | - | licensed day and temporary labor agency. The Department shall | |
| 235 | - | review the payroll and accounting records of the day and | |
| 236 | - | temporary labor service agency and the third party client for | |
| 237 | - | the period in which the violation of this Act is alleged to | |
| 238 | - | have occurred to determine if wages and payroll taxes have | |
| 239 | - | been paid to the agency and that the day or temporary laborer | |
| 240 | - | has been paid the wages owed him or her. | |
| 241 | - | (Source: P.A. 100-517, eff. 6-1-18.) | |
| 242 | - | (820 ILCS 175/42 new) | |
| 243 | - | Sec. 42. Equal pay for equal work. A day or temporary | |
| 244 | - | laborer who is assigned to work at a third party client for | |
| 245 | - | more than 90 calendar days shall be paid not less than the rate | |
| 246 | - | of pay and equivalent benefits as the lowest paid directly | |
| 247 | - | hired employee of the third party client with the same level of | |
| 248 | - | seniority at the company and performing the same or | |
| 249 | - | substantially similar work on jobs the performance of which | |
| 250 | - | requires substantially similar skill, effort, and | |
| 251 | 131 | ||
| 252 | 132 | ||
| 253 | - | responsibility, and that are performed under similar working | |
| 254 | - | conditions. If there is not a directly hired comparative | |
| 255 | - | employee of the third party client, the day or temporary | |
| 256 | - | laborer shall be paid not less than the rate of pay and | |
| 257 | - | equivalent benefits of the lowest paid direct hired employee | |
| 258 | - | of the company with the closest level of seniority at the | |
| 259 | - | company. A day and temporary labor service agency may pay the | |
| 260 | - | hourly cash equivalent of the actual cost benefits in lieu of | |
| 261 | - | benefits required under this Section. Upon request, a third | |
| 262 | - | party client to which a day or temporary laborer has been | |
| 263 | - | assigned for more than 90 calendar days shall be obligated to | |
| 264 | - | timely provide the day and temporary labor service agency with | |
| 265 | - | all necessary information related to job duties, pay, and | |
| 266 | - | benefits of directly hired employees necessary for the day and | |
| 267 | - | temporary labor service agency to comply with this Section. | |
| 268 | - | The failure by a third party client to provide any of the | |
| 269 | - | information required under this Section shall constitute a | |
| 270 | - | notice violation by the third party client under Section 95. | |
| 271 | - | For purposes of this Section, the day and temporary labor | |
| 272 | - | service agency shall be considered a person aggrieved as | |
| 273 | - | described in Section 95. | |
| 274 | - | (820 ILCS 175/45) | |
| 275 | - | Sec. 45. Registration; Department of Labor. | |
| 276 | - | (a) A day and temporary labor service agency which is | |
| 277 | - | located, operates or transacts business within this State | |
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| 278 | 135 | ||
| 279 | 136 | ||
| 280 | - | shall register with the Department of Labor in accordance with | |
| 281 | - | rules adopted by the Department for day and temporary labor | |
| 282 | - | service agencies and shall be subject to this Act and any rules | |
| 283 | - | adopted under this Act. Each day and temporary labor service | |
| 284 | - | agency shall provide proof of an employer account number | |
| 285 | - | issued by the Department of Employment Security for the | |
| 286 | - | payment of unemployment insurance contributions as required | |
| 287 | - | under the Unemployment Insurance Act, and proof of valid | |
| 288 | - | workers' compensation insurance in effect at the time of | |
| 289 | - | registration covering all of its employees. If, at any time, a | |
| 290 | - | day and temporary labor service agency's workers' compensation | |
| 291 | - | insurance coverage lapses, the agency shall have an | |
| 292 | - | affirmative duty to report the lapse of such coverage to the | |
| 293 | - | Department and the agency's registration shall be suspended | |
| 294 | - | until the agency's workers' compensation insurance is | |
| 295 | - | reinstated. The Department may assess each day and temporary | |
| 296 | - | labor service agency a non-refundable registration fee not | |
| 297 | - | exceeding $3,000 $1,000 per year per agency and a | |
| 298 | - | non-refundable fee not to exceed $750 $250 for each branch | |
| 299 | - | office or other location where the agency regularly contracts | |
| 300 | - | with day or temporary laborers for services. The fee may be | |
| 301 | - | paid by check, money order, or the State Treasurer's E-Pay | |
| 302 | - | program or any successor program, and the Department may not | |
| 303 | - | refuse to accept a check on the basis that it is not a | |
| 304 | - | certified check or a cashier's check. The Department may | |
| 305 | - | charge an additional fee to be paid by a day and temporary | |
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| 139 | + | 1 party client may be used so long as the required | |
| 140 | + | 2 information for each coded third party client is made | |
| 141 | + | 3 available to the day or temporary laborer; | |
| 142 | + | 4 (2) the number of hours worked by the day or temporary | |
| 143 | + | 5 laborer at each third party client each day during the pay | |
| 144 | + | 6 period. If the day or temporary laborer is assigned to | |
| 145 | + | 7 work at the same work site of the same third party client | |
| 146 | + | 8 for multiple days in the same work week, the day and | |
| 147 | + | 9 temporary labor service agency may record a summary of | |
| 148 | + | 10 hours worked at that third party client's worksite so long | |
| 149 | + | 11 as the first and last day of that work week are identified | |
| 150 | + | 12 as well. The term "hours worked" has the meaning ascribed | |
| 151 | + | 13 to that term in 56 Ill. Adm. Code 210.110 and in accordance | |
| 152 | + | 14 with all applicable rules or court interpretations under | |
| 153 | + | 15 56 Ill. Adm. Code 210.110; | |
| 154 | + | 16 (3) the rate of payment for each hour worked, | |
| 155 | + | 17 including any premium rate or bonus; | |
| 156 | + | 18 (4) the total pay period earnings; | |
| 157 | + | 19 (5) all deductions made from the day or temporary | |
| 158 | + | 20 laborer's compensation made either by the third party | |
| 159 | + | 21 client or by the day and temporary labor service agency, | |
| 160 | + | 22 and the purpose for which deductions were made, including | |
| 161 | + | 23 for the day or temporary laborer's transportation, food, | |
| 162 | + | 24 equipment, withheld income tax, withheld social security | |
| 163 | + | 25 payments, and every other deduction; and | |
| 164 | + | 26 (6) any additional information required by rules | |
| 306 | 165 | ||
| 307 | 166 | ||
| 308 | - | labor service agency if the agency, or any person on the | |
| 309 | - | agency's behalf, issues or delivers a check to the Department | |
| 310 | - | that is not honored by the financial institution upon which it | |
| 311 | - | is drawn. The Department shall also adopt rules for violation | |
| 312 | - | hearings and penalties for violations of this Act or the | |
| 313 | - | Department's rules in conjunction with the penalties set forth | |
| 314 | - | in this Act. | |
| 315 | - | (a-1) At the time of registration with the Department of | |
| 316 | - | Labor each year, the day and temporary labor service agency | |
| 317 | - | shall submit to the Department of Labor a report containing | |
| 318 | - | the information identified in paragraph (9) of subsection (a) | |
| 319 | - | of Section 12, broken down by branch office, in the aggregate | |
| 320 | - | for all day or temporary laborers assigned within Illinois and | |
| 321 | - | subject to this Act during the preceding year. This | |
| 322 | - | information shall be submitted on a form created by the | |
| 323 | - | Department of Labor. The Department of Labor shall aggregate | |
| 324 | - | the information submitted by all registering day and temporary | |
| 325 | - | labor service agencies by removing identifying data and shall | |
| 326 | - | have the information available to the public only on a | |
| 327 | - | municipal and county basis. As used in this paragraph, | |
| 328 | - | "identifying data" means any and all information that: (i) | |
| 329 | - | provides specific information on individual worker identity; | |
| 330 | - | (ii) identifies the service agency in any manner; and (iii) | |
| 331 | - | identifies clients utilizing the day and temporary labor | |
| 332 | - | service agency or any other information that can be traced | |
| 333 | - | back to any specific registering day and temporary labor | |
| 334 | 167 | ||
| 335 | 168 | ||
| 336 | - | service agency or its client. The information and reports | |
| 337 | - | submitted to the Department of Labor under this subsection by | |
| 338 | - | the registering day and temporary labor service agencies are | |
| 339 | - | exempt from inspection and copying under Section 7.5 of the | |
| 340 | - | Freedom of Information Act. | |
| 341 | - | (b) It is a violation of this Act to operate a day and | |
| 342 | - | temporary labor service agency without first registering with | |
| 343 | - | the Department in accordance with subsection (a) of this | |
| 344 | - | Section. The Department shall create and maintain at regular | |
| 345 | - | intervals on its website, accessible to the public: (1) a list | |
| 346 | - | of all registered day and temporary labor service agencies in | |
| 347 | - | the State whose registration is in good standing; (2) a list of | |
| 348 | - | day and temporary labor service agencies in the State whose | |
| 349 | - | registration has been suspended, including the reason for the | |
| 350 | - | suspension, the date the suspension was initiated, and the | |
| 351 | - | date, if known, the suspension is to be lifted; and (3) a list | |
| 352 | - | of day and temporary labor service agencies in the State whose | |
| 353 | - | registration has been revoked, including the reason for the | |
| 354 | - | revocation and the date the registration was revoked. The | |
| 355 | - | Department has the authority to assess a penalty against any | |
| 356 | - | day and temporary labor service agency that fails to register | |
| 357 | - | with the Department of Labor in accordance with this Act or any | |
| 358 | - | rules adopted under this Act of $500 for each violation. Each | |
| 359 | - | day during which a day and temporary labor service agency | |
| 360 | - | operates without registering with the Department shall be a | |
| 361 | - | separate and distinct violation of this Act. | |
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| 362 | 171 | ||
| 363 | 172 | ||
| 364 | - | (c) An applicant is not eligible to register to operate a | |
| 365 | - | day and temporary labor service agency under this Act if the | |
| 366 | - | applicant or any of its officers, directors, partners, or | |
| 367 | - | managers or any owner of 25% or greater beneficial interest: | |
| 368 | - | (1) has been involved, as owner, officer, director, | |
| 369 | - | partner, or manager, of any day and temporary labor | |
| 370 | - | service agency whose registration has been revoked or has | |
| 371 | - | been suspended without being reinstated within the 5 years | |
| 372 | - | immediately preceding the filing of the application; or | |
| 373 | - | (2) is under the age of 18. | |
| 374 | - | (d) Every agency shall post and keep posted at each | |
| 375 | - | location, in a position easily accessible to all employees, | |
| 376 | - | notices as supplied and required by the Department containing | |
| 377 | - | a copy or summary of the provisions of the Act and a notice | |
| 378 | - | which informs the public of a toll-free telephone number for | |
| 379 | - | day or temporary laborers and the public to file wage dispute | |
| 380 | - | complaints and other alleged violations by day and temporary | |
| 381 | - | labor service agencies. Such notices shall be in English or | |
| 382 | - | any other language generally understood in the locale of the | |
| 383 | - | day and temporary labor service agency. | |
| 384 | - | (Source: P.A. 100-517, eff. 6-1-18.) | |
| 385 | - | (820 ILCS 175/50) | |
| 386 | - | Sec. 50. Violations. The Department shall have the | |
| 387 | - | authority to deny, suspend, or revoke the registration of a | |
| 388 | - | day and temporary labor service agency if warranted by public | |
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| 175 | + | 1 issued by the Department. | |
| 176 | + | 2 (a-1) For each day or temporary laborer who is contracted | |
| 177 | + | 3 to work a single day, the third party client shall, at the end | |
| 178 | + | 4 of the work day, provide such day or temporary laborer with a | |
| 179 | + | 5 Work Verification Form, approved by the Department, which | |
| 180 | + | 6 shall contain the date, the day or temporary laborer's name, | |
| 181 | + | 7 the work location, and the hours worked on that day. Any third | |
| 182 | + | 8 party client who violates this subsection (a-1) may be subject | |
| 183 | + | 9 to a civil penalty of not less than $100 and not more than | |
| 184 | + | 10 $1,500 to exceed $500 for each violation found by the | |
| 185 | + | 11 Department. Such civil penalty shall may increase to not less | |
| 186 | + | 12 than $500 and not more than $7,500 $2,500 for a second or | |
| 187 | + | 13 subsequent violation. For purposes of this subsection (a-1), | |
| 188 | + | 14 each violation of this subsection (a-1) for each day or | |
| 189 | + | 15 temporary laborer and for each day the violation continues | |
| 190 | + | 16 shall constitute a separate and distinct violation. | |
| 191 | + | 17 (b) A day and temporary labor service agency shall provide | |
| 192 | + | 18 each worker an annual earnings summary within a reasonable | |
| 193 | + | 19 time after the preceding calendar year, but in no case later | |
| 194 | + | 20 than February 1. A day and temporary labor service agency | |
| 195 | + | 21 shall, at the time of each wage payment, give notice to day or | |
| 196 | + | 22 temporary laborers of the availability of the annual earnings | |
| 197 | + | 23 summary or post such a notice in a conspicuous place in the | |
| 198 | + | 24 public reception area. | |
| 199 | + | 25 (c) At the request of a day or temporary laborer, a day and | |
| 200 | + | 26 temporary labor service agency shall hold the daily wages of | |
| 389 | 201 | ||
| 390 | 202 | ||
| 391 | - | health and safety concerns or violations of this Act. The | |
| 392 | - | Attorney General, pursuant to its authority under Section 6.3 | |
| 393 | - | of the Attorney General Act, may request that a circuit court | |
| 394 | - | suspend or revoke the registration of a day and temporary | |
| 395 | - | labor service agency when warranted by public health concern | |
| 396 | - | or violations of this Act. The Attorney General shall provide | |
| 397 | - | notice to the Director prior to requesting the suspension or | |
| 398 | - | revocation of the registration of a day and temporary labor | |
| 399 | - | service agency. | |
| 400 | - | (Source: P.A. 94-511, eff. 1-1-06.) | |
| 401 | - | (820 ILCS 175/55) | |
| 402 | - | Sec. 55. Enforcement by the Department. | |
| 403 | - | It shall be the duty of the Department to enforce the | |
| 404 | - | provisions of this Act. The Department shall have the power to | |
| 405 | - | conduct investigations in connection with the administration | |
| 406 | - | and enforcement of this Act and any investigator with the | |
| 407 | - | Department shall be authorized to visit and inspect, at all | |
| 408 | - | reasonable times, any places covered by this Act and shall be | |
| 409 | - | authorized to inspect, at all reasonable times, contracts for | |
| 410 | - | the employment of all day or temporary laborers entered into | |
| 411 | - | by a third party client if the Department has received a | |
| 412 | - | complaint indicating that the third party client may have | |
| 413 | - | contracted with a day and temporary labor service agency that | |
| 414 | - | is not registered under this Act. The Department shall conduct | |
| 415 | - | hearings in accordance with the Illinois Administrative | |
| 416 | 203 | ||
| 417 | 204 | ||
| 418 | - | Procedure Act upon written complaint by an investigator of the | |
| 419 | - | Department or any interested person of a violation of the Act. | |
| 420 | - | After the hearing, if supported by the evidence, the | |
| 421 | - | Department may (i) issue and cause to be served on any party an | |
| 422 | - | order to cease and desist from further violation of the Act, | |
| 423 | - | (ii) take affirmative or other action as deemed reasonable to | |
| 424 | - | eliminate the effect of the violation, (iii) deny, suspend, or | |
| 425 | - | revoke any registration under this Act, and (iv) determine the | |
| 426 | - | amount of any civil penalty allowed by the Act. The Director of | |
| 427 | - | Labor or his or her representative may compel, by subpoena, | |
| 428 | - | the attendance and testimony of witnesses and the production | |
| 429 | - | of books, payrolls, records, papers, and other evidence in any | |
| 430 | - | investigation or hearing and may administer oaths to | |
| 431 | - | witnesses. Nothing in this Act applies to labor or employment | |
| 432 | - | of a clerical or professional nature. | |
| 433 | - | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.) | |
| 434 | - | (820 ILCS 175/67 new) | |
| 435 | - | Sec. 67. Action for civil penalties brought by an | |
| 436 | - | interested party. | |
| 437 | - | (a) Upon a reasonable belief that a day and temporary | |
| 438 | - | labor service agency or a third party client covered by this | |
| 439 | - | Act is in violation of any part of this Act, an interested | |
| 440 | - | party may initiate a civil action in the county where the | |
| 441 | - | alleged offenses occurred or where any party to the action | |
| 442 | - | resides, asserting that a violation of the Act has occurred, | |
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| 443 | 207 | ||
| 444 | 208 | ||
| 445 | - | pursuant to the following sequence of events: | |
| 446 | - | (1) The interested party submits to the Department of | |
| 447 | - | Labor a complaint describing the violation and naming the | |
| 448 | - | day or temporary labor service agency or third party | |
| 449 | - | client alleged to have violated this Act. | |
| 450 | - | (2) The Department sends notice of complaint to the | |
| 451 | - | named parties alleged to have violated this Act and the | |
| 452 | - | interested party. The named parties may either contest the | |
| 453 | - | alleged violation or cure the alleged violation. | |
| 454 | - | (3) The named parties contest or cure the alleged | |
| 455 | - | violation within 30 days after the receipt of the notice | |
| 456 | - | of complaint or, if the named party does not respond | |
| 457 | - | within 30 days, the Department issues a notice of right to | |
| 458 | - | sue to the interested party as described in paragraph (4). | |
| 459 | - | (4) The Department issues a notice of right to sue to | |
| 460 | - | the interested party, if one or more of the following has | |
| 461 | - | occurred: | |
| 462 | - | (i) the named party has cured the alleged | |
| 463 | - | violation to the satisfaction of the Director; | |
| 464 | - | (ii) the Director has determined that the | |
| 465 | - | allegation is unjustified or that the Department does | |
| 466 | - | not have jurisdiction over the matter or the parties; | |
| 467 | - | or | |
| 468 | - | (iii) the Director has determined that the | |
| 469 | - | allegation is justified or has not made a | |
| 470 | - | determination, and either has decided not to exercise | |
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| 211 | + | 1 the day or temporary laborer and make either weekly, | |
| 212 | + | 2 bi-weekly, or semi-monthly payments. The wages shall be paid | |
| 213 | + | 3 in a single check, or, at the day or temporary laborer's sole | |
| 214 | + | 4 option, by direct deposit or other manner approved by the | |
| 215 | + | 5 Department, representing the wages earned during the period, | |
| 216 | + | 6 either weekly, bi-weekly, or semi-monthly, designated by the | |
| 217 | + | 7 day or temporary laborer in accordance with the Illinois Wage | |
| 218 | + | 8 Payment and Collection Act. Vouchers or any other method of | |
| 219 | + | 9 payment which is not generally negotiable shall be prohibited | |
| 220 | + | 10 as a method of payment of wages. Day and temporary labor | |
| 221 | + | 11 service agencies that make daily wage payments shall provide | |
| 222 | + | 12 written notification to all day or temporary laborers of the | |
| 223 | + | 13 right to request weekly, bi-weekly, or semi-monthly checks. | |
| 224 | + | 14 The day and temporary labor service agency may provide this | |
| 225 | + | 15 notice by conspicuously posting the notice at the location | |
| 226 | + | 16 where the wages are received by the day or temporary laborers. | |
| 227 | + | 17 (d) No day and temporary labor service agency shall charge | |
| 228 | + | 18 any day or temporary laborer for cashing a check issued by the | |
| 229 | + | 19 agency for wages earned by a day or temporary laborer who | |
| 230 | + | 20 performed work through that agency. No day and temporary labor | |
| 231 | + | 21 service agency or third party client shall charge any day or | |
| 232 | + | 22 temporary laborer for the expense of conducting any consumer | |
| 233 | + | 23 report, as that term is defined in the Fair Credit Reporting | |
| 234 | + | 24 Act, 15 U.S.C. 1681a(d), any criminal background check of any | |
| 235 | + | 25 kind, or any drug test of any kind. | |
| 236 | + | 26 (e) Day or temporary laborers shall be paid no less than | |
| 471 | 237 | ||
| 472 | 238 | ||
| 473 | - | jurisdiction over the matter or has concluded | |
| 474 | - | administrative enforcement of the matter. | |
| 475 | - | (b) If within 180 days after service of the notice of | |
| 476 | - | complaint to the parties, the Department has not (i) resolved | |
| 477 | - | the contest and cure period, (ii) with the mutual agreement of | |
| 478 | - | the parties, extended the time for the named party to cure the | |
| 479 | - | violation and resolve the complaint, or (iii) issued a right | |
| 480 | - | to sue letter, the interested party may initiate a civil | |
| 481 | - | action for penalties. The parties may extend the 180-day | |
| 482 | - | period by mutual agreement. The limitations period for the | |
| 483 | - | interested party to bring an action for the alleged violation | |
| 484 | - | of the Act shall be tolled for the 180-day period and for the | |
| 485 | - | period of any mutually agreed extensions. At the end of the | |
| 486 | - | 180-day period, or any mutually agreed extensions, the | |
| 487 | - | Department shall issue a right to sue letter to the interested | |
| 488 | - | party. | |
| 489 | - | (c) Any claim or action filed under this Section must be | |
| 490 | - | made within 3 years of the alleged conduct resulting in the | |
| 491 | - | complaint plus any period for which the limitations period has | |
| 492 | - | been tolled. | |
| 493 | - | (d) In an action brought pursuant to this Section, an | |
| 494 | - | interested party may recover against the covered entity any | |
| 495 | - | statutory penalties set forth in Section 70 and injunctive | |
| 496 | - | relief. An interested party who prevails in a civil action | |
| 497 | - | shall receive 10% of any statutory penalties assessed, plus | |
| 498 | - | any attorneys' fees and expenses in bringing the action. The | |
| 499 | 239 | ||
| 500 | 240 | ||
| 501 | - | remaining 90% of any statutory penalties assessed shall be | |
| 502 | - | deposited into the Child Labor and Day and Temporary Labor | |
| 503 | - | Services Enforcement Fund and shall be used exclusively for | |
| 504 | - | the purposes set forth in Section 17.3 of the Child Labor Law. | |
| 505 | - | (820 ILCS 175/70) | |
| 506 | - | Sec. 70. Penalties. | |
| 507 | - | (a) A day and temporary labor service agency or third | |
| 508 | - | party client that violates any of the provisions of this Act or | |
| 509 | - | any rule adopted under this Act shall be subject to a civil | |
| 510 | - | penalty of not less than $100 and not more than $18,000 to | |
| 511 | - | exceed $6,000 for violations found in the first audit by the | |
| 512 | - | Department or determined by a court in a civil action brought | |
| 513 | - | by an interested party, or determined by a court in a civil | |
| 514 | - | action brought by the Attorney General pursuant to its | |
| 515 | - | authority under Section 6.3 of the Attorney General Act. | |
| 516 | - | Following a first audit or civil action, a day and temporary | |
| 517 | - | labor service agency or third party client shall be subject to | |
| 518 | - | a civil penalty of not less than $250 and not more than $7,500 | |
| 519 | - | to exceed $2,500 for each repeat violation found by the | |
| 520 | - | Department or circuit court within 3 years. For purposes of | |
| 521 | - | this subsection, each violation of this Act for each day or | |
| 522 | - | temporary laborer and for each day the violation continues | |
| 523 | - | shall constitute a separate and distinct violation. In | |
| 524 | - | determining the amount of a penalty, the Director or circuit | |
| 525 | - | court shall consider the appropriateness of the penalty to the | |
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| 526 | 243 | ||
| 527 | 244 | ||
| 528 | - | day and temporary labor service agency or third party client | |
| 529 | - | charged, upon the determination of the gravity of the | |
| 530 | - | violations. For any violation determined by the Department or | |
| 531 | - | circuit court to be willful which is within 3 years of an | |
| 532 | - | earlier violation, the Department may revoke the registration | |
| 533 | - | of the violator, if the violator is a day and temporary labor | |
| 534 | - | service agency. The amount of the penalty, when finally | |
| 535 | - | determined, may be: | |
| 536 | - | (1) Recovered in a civil action brought by the | |
| 537 | - | Director of Labor in any circuit court. In this | |
| 538 | - | litigation, the Director of Labor shall be represented by | |
| 539 | - | the Attorney General. | |
| 540 | - | (2) Ordered by the court, in an action brought by any | |
| 541 | - | party, including the Attorney General pursuant to its | |
| 542 | - | authority under Section 6.3 of the Attorney General Act, | |
| 543 | - | for a violation under this Act, to be paid to the Director | |
| 544 | - | of Labor. | |
| 545 | - | (b) The Department shall adopt rules for violation | |
| 546 | - | hearings and penalties for violations of this Act or the | |
| 547 | - | Department's rules in conjunction with the penalties set forth | |
| 548 | - | in this Act. | |
| 549 | - | Any administrative determination by the Department as to | |
| 550 | - | the amount of each penalty shall be final unless reviewed as | |
| 551 | - | provided in Section 60 of this Act. | |
| 552 | - | (Source: P.A. 96-1185, eff. 7-22-10.) | |
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| 247 | + | 1 the wage rate stated in the notice as provided in Section 10 of | |
| 248 | + | 2 this Act for all the work performed on behalf of the third | |
| 249 | + | 3 party client in addition to the work listed in the written | |
| 250 | + | 4 description. | |
| 251 | + | 5 (f) The total amount deducted for meals, equipment, and | |
| 252 | + | 6 transportation may not cause a day or temporary laborer's | |
| 253 | + | 7 hourly wage to fall below the State or federal minimum wage. | |
| 254 | + | 8 However, a day and temporary labor service agency may deduct | |
| 255 | + | 9 the actual market value of reusable equipment provided to the | |
| 256 | + | 10 day or temporary laborer by the day and temporary labor | |
| 257 | + | 11 service agency which the day or temporary laborer fails to | |
| 258 | + | 12 return, if the day or temporary laborer provides a written | |
| 259 | + | 13 authorization for such deduction at the time the deduction is | |
| 260 | + | 14 made. | |
| 261 | + | 15 (g) A day or temporary laborer who is contracted by a day | |
| 262 | + | 16 and temporary labor service agency to work at a third party | |
| 263 | + | 17 client's worksite but is not utilized by the third party | |
| 264 | + | 18 client shall be paid by the day and temporary labor service | |
| 265 | + | 19 agency for a minimum of 4 hours of pay at the agreed upon rate | |
| 266 | + | 20 of pay. However, in the event the day and temporary labor | |
| 267 | + | 21 service agency contracts the day or temporary laborer to work | |
| 268 | + | 22 at another location during the same shift, the day or | |
| 269 | + | 23 temporary laborer shall be paid by the day and temporary labor | |
| 270 | + | 24 service agency for a minimum of 2 hours of pay at the agreed | |
| 271 | + | 25 upon rate of pay. | |
| 272 | + | 26 (h) A third party client is required to pay wages and | |
| 553 | 273 | ||
| 554 | 274 | ||
| 555 | - | (820 ILCS 175/85) | |
| 556 | - | Sec. 85. Third party clients. | |
| 557 | - | (a) It is a violation of this Act for a third party client | |
| 558 | - | to enter into a contract for the employment of day or temporary | |
| 559 | - | laborers with any day and temporary labor service agency not | |
| 560 | - | registered under Section 45 of this Act. A third party client | |
| 561 | - | has a duty to verify a day and temporary labor service agency's | |
| 562 | - | status with the Department before entering into a contract | |
| 563 | - | with such an agency, and on March 1 and September 1 of each | |
| 564 | - | year. A day and temporary labor service agency shall be | |
| 565 | - | required to provide each of its third party clients with proof | |
| 566 | - | of valid registration issued by the Department at the time of | |
| 567 | - | entering into a contract. A day and temporary labor service | |
| 568 | - | agency shall be required to notify, both by telephone and in | |
| 569 | - | writing, each day or temporary laborer it employs and each | |
| 570 | - | third party client with whom it has a contract within 24 hours | |
| 571 | - | of any denial, suspension, or revocation of its registration | |
| 572 | - | by the Department. All contracts between any day and temporary | |
| 573 | - | labor service agency and any third party client shall be | |
| 574 | - | considered null and void from the date any such denial, | |
| 575 | - | suspension, or revocation of registration becomes effective | |
| 576 | - | and until such time as the day and temporary labor service | |
| 577 | - | agency becomes registered and considered in good standing by | |
| 578 | - | the Department as provided in Section 50 and Section 55. Upon | |
| 579 | - | request, the Department shall provide to a third party client | |
| 580 | - | a list of entities registered as day and temporary labor | |
| 581 | 275 | ||
| 582 | 276 | ||
| 583 | - | service agencies. The Department shall provide on the Internet | |
| 584 | - | a list of entities registered as day and temporary labor | |
| 585 | - | service agencies. A third party client may rely on information | |
| 586 | - | provided by the Department or maintained on the Department's | |
| 587 | - | website pursuant to Section 45 of this Act and shall be held | |
| 588 | - | harmless if such information maintained or provided by the | |
| 589 | - | Department was inaccurate. Any third party client that | |
| 590 | - | violates this provision of the Act is subject to a civil | |
| 591 | - | penalty of not less than $100 and not to exceed $1,500 $500. | |
| 592 | - | Each day during which a third party client contracts with a day | |
| 593 | - | and temporary labor service agency not registered under | |
| 594 | - | Section 45 of this Act shall constitute a separate and | |
| 595 | - | distinct offense. | |
| 596 | - | (b) If a third party client leases or contracts with a day | |
| 597 | - | and temporary service agency for the services of a day or | |
| 598 | - | temporary laborer, the third party client shall share all | |
| 599 | - | legal responsibility and liability for the payment of wages | |
| 600 | - | under the Illinois Wage Payment and Collection Act and the | |
| 601 | - | Minimum Wage Law. | |
| 602 | - | (c) Before the assignment of an employee to a worksite | |
| 603 | - | employer, a day and temporary labor service agency must: | |
| 604 | - | (1) inquire about the client company's safety and | |
| 605 | - | health practices and hazards at the actual workplace where | |
| 606 | - | the day or temporary laborer will be working to assess the | |
| 607 | - | safety conditions, workers tasks, and the client company's | |
| 608 | - | safety program; these activities are required at the start | |
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| 611 | - | of any contract to place day or temporary laborers and may | |
| 612 | - | include visiting the client company's actual worksite. If, | |
| 613 | - | during the inquiry or anytime during the period of the | |
| 614 | - | contract, the day and temporary labor service agency | |
| 615 | - | becomes aware of existing job hazards that are not | |
| 616 | - | mitigated by the client company, the day and temporary | |
| 617 | - | labor service agency must make the client company aware, | |
| 618 | - | urge the client company to correct it, and document these | |
| 619 | - | efforts, otherwise the day and temporary labor service | |
| 620 | - | agency must remove the day or temporary laborers from the | |
| 621 | - | client company's worksite; | |
| 622 | - | (2) provide training to the day or temporary laborer | |
| 623 | - | for general awareness safety training for recognized | |
| 624 | - | industry hazards the day or temporary laborer may | |
| 625 | - | encounter at the client company's worksite. Industry | |
| 626 | - | hazard training must be completed, in the preferred | |
| 627 | - | language of the day or temporary laborer, and must be | |
| 628 | - | provided at no expense to the day or temporary laborer. | |
| 629 | - | The training date and training content must be maintained | |
| 630 | - | by the day and temporary staffing agency and provided to | |
| 631 | - | the day or temporary laborer; | |
| 632 | - | (3) transmit a general description of the training | |
| 633 | - | program including topics covered to the client company, | |
| 634 | - | whether electronically or on paper, at the start of the | |
| 635 | - | contract with the client company; | |
| 636 | - | (4) provide the Department's hotline number for the | |
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| 283 | + | 1 related payroll taxes to a licensed day and temporary labor | |
| 284 | + | 2 service agency for services performed by the day or temporary | |
| 285 | + | 3 laborer for the third party client according to payment terms | |
| 286 | + | 4 outlined on invoices, service agreements, or stated terms | |
| 287 | + | 5 provided by the day and temporary labor service agency. A | |
| 288 | + | 6 third party client who fails to comply with this subsection | |
| 289 | + | 7 (h) is subject to the penalties provided in Section 70 of this | |
| 290 | + | 8 Act. The Department shall review a complaint filed by a | |
| 291 | + | 9 licensed day and temporary labor agency. The Department shall | |
| 292 | + | 10 review the payroll and accounting records of the day and | |
| 293 | + | 11 temporary labor service agency and the third party client for | |
| 294 | + | 12 the period in which the violation of this Act is alleged to | |
| 295 | + | 13 have occurred to determine if wages and payroll taxes have | |
| 296 | + | 14 been paid to the agency and that the day or temporary laborer | |
| 297 | + | 15 has been paid the wages owed him or her. | |
| 298 | + | 16 (Source: P.A. 100-517, eff. 6-1-18.) | |
| 299 | + | 17 (820 ILCS 175/42 new) | |
| 300 | + | 18 Sec. 42. Equal pay for equal work. A day or temporary | |
| 301 | + | 19 laborer who is assigned to work at a third party client for | |
| 302 | + | 20 more than 90 calendar days shall be paid not less than the rate | |
| 303 | + | 21 of pay and equivalent benefits as the lowest paid directly | |
| 304 | + | 22 hired employee of the third party client with the same level of | |
| 305 | + | 23 seniority at the company and performing the same or | |
| 306 | + | 24 substantially similar work on jobs the performance of which | |
| 307 | + | 25 requires substantially similar skill, effort, and | |
| 637 | 308 | ||
| 638 | 309 | ||
| 639 | - | employee to call to report safety hazards and concerns as | |
| 640 | - | part of the employment materials provided to the day or | |
| 641 | - | temporary laborer; and | |
| 642 | - | (5) inform the day or temporary laborer who the day or | |
| 643 | - | temporary laborer should report safety concerns to at the | |
| 644 | - | workplace. | |
| 645 | - | Nothing in this Section shall diminish any existing client | |
| 646 | - | company or a day and temporary labor service agency's | |
| 647 | - | responsibility as an employer to provide a place of employment | |
| 648 | - | free from recognized hazards or to otherwise comply with other | |
| 649 | - | health and safety or employment laws. The client company and | |
| 650 | - | the day and temporary labor service agency are responsible for | |
| 651 | - | compliance with this Section and the rules adopted under this | |
| 652 | - | Section. | |
| 653 | - | (d) Before the day or temporary laborer engages in work | |
| 654 | - | for a client company, the client company must: | |
| 655 | - | (1) document and inform the day and temporary labor | |
| 656 | - | service agency about anticipated job hazards likely | |
| 657 | - | encountered by the day or temporary laborer; | |
| 658 | - | (2) review the safety and health awareness training | |
| 659 | - | provided by the day and temporary labor service agency to | |
| 660 | - | determine if it addresses recognized hazards for the | |
| 661 | - | client company's industry; | |
| 662 | - | (3) provide specific training tailored to the | |
| 663 | - | particular hazards at the client company's worksite; and | |
| 664 | - | (4) document and maintain records of site-specific | |
| 665 | 310 | ||
| 666 | 311 | ||
| 667 | - | training and provide confirmation that the training | |
| 668 | - | occurred to the day and temporary labor service agency | |
| 669 | - | within 3 business days of providing the training. | |
| 670 | - | (e) If the client company changes the job tasks or work | |
| 671 | - | location and new hazards may be encountered, the client | |
| 672 | - | company must: | |
| 673 | - | (1) inform both the day and temporary labor service | |
| 674 | - | agency and the day or temporary laborer; and | |
| 675 | - | (2) inform both the day and temporary labor service | |
| 676 | - | agency staffing agency and the day or temporary laborer of | |
| 677 | - | job hazards not previously covered before the day or | |
| 678 | - | temporary laborer undertakes the new tasks and update | |
| 679 | - | personal protective equipment and training for the new job | |
| 680 | - | tasks, if necessary. | |
| 681 | - | (f) A day and temporary labor service agency or day or | |
| 682 | - | temporary laborer may refuse a new job task at the worksite | |
| 683 | - | when the task has not been reviewed or if the day or temporary | |
| 684 | - | laborer has not had appropriate training to do the new task. | |
| 685 | - | (g) A client company that supervises a day or temporary | |
| 686 | - | laborer must provide worksite specific training to the day or | |
| 687 | - | temporary laborer and must allow a day and temporary labor | |
| 688 | - | service agency to visit any worksite where the day or | |
| 689 | - | temporary laborer works or will be working to observe and | |
| 690 | - | confirm the client company's training and information related | |
| 691 | - | to the worksite's job tasks, safety and health practices, and | |
| 692 | - | hazards. | |
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| 694 | 315 | ||
| 695 | - | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.) | |
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| 318 | + | 1 responsibility, and that are performed under similar working | |
| 319 | + | 2 conditions. If there is not a directly hired comparative | |
| 320 | + | 3 employee of the third party client, the day or temporary | |
| 321 | + | 4 laborer shall be paid not less than the rate of pay and | |
| 322 | + | 5 equivalent benefits of the lowest paid direct hired employee | |
| 323 | + | 6 of the company with the closest level of seniority at the | |
| 324 | + | 7 company. A day and temporary labor service agency may pay the | |
| 325 | + | 8 hourly cash equivalent of the actual cost benefits in lieu of | |
| 326 | + | 9 benefits required under this Section. Upon request, a third | |
| 327 | + | 10 party client to which a day or temporary laborer has been | |
| 328 | + | 11 assigned for more than 90 calendar days shall be obligated to | |
| 329 | + | 12 timely provide the day and temporary labor service agency with | |
| 330 | + | 13 all necessary information related to job duties, pay, and | |
| 331 | + | 14 benefits of directly hired employees necessary for the day and | |
| 332 | + | 15 temporary labor service agency to comply with this Section. | |
| 333 | + | 16 The failure by a third party client to provide any of the | |
| 334 | + | 17 information required under this Section shall constitute a | |
| 335 | + | 18 notice violation by the third party client under Section 95. | |
| 336 | + | 19 For purposes of this Section, the day and temporary labor | |
| 337 | + | 20 service agency shall be considered a person aggrieved as | |
| 338 | + | 21 described in Section 95. | |
| 339 | + | 22 (820 ILCS 175/45) | |
| 340 | + | 23 Sec. 45. Registration; Department of Labor. | |
| 341 | + | 24 (a) A day and temporary labor service agency which is | |
| 342 | + | 25 located, operates or transacts business within this State | |
| 343 | + | ||
| 344 | + | ||
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| 353 | + | 1 shall register with the Department of Labor in accordance with | |
| 354 | + | 2 rules adopted by the Department for day and temporary labor | |
| 355 | + | 3 service agencies and shall be subject to this Act and any rules | |
| 356 | + | 4 adopted under this Act. Each day and temporary labor service | |
| 357 | + | 5 agency shall provide proof of an employer account number | |
| 358 | + | 6 issued by the Department of Employment Security for the | |
| 359 | + | 7 payment of unemployment insurance contributions as required | |
| 360 | + | 8 under the Unemployment Insurance Act, and proof of valid | |
| 361 | + | 9 workers' compensation insurance in effect at the time of | |
| 362 | + | 10 registration covering all of its employees. If, at any time, a | |
| 363 | + | 11 day and temporary labor service agency's workers' compensation | |
| 364 | + | 12 insurance coverage lapses, the agency shall have an | |
| 365 | + | 13 affirmative duty to report the lapse of such coverage to the | |
| 366 | + | 14 Department and the agency's registration shall be suspended | |
| 367 | + | 15 until the agency's workers' compensation insurance is | |
| 368 | + | 16 reinstated. The Department may assess each day and temporary | |
| 369 | + | 17 labor service agency a non-refundable registration fee not | |
| 370 | + | 18 exceeding $3,000 $1,000 per year per agency and a | |
| 371 | + | 19 non-refundable fee not to exceed $750 $250 for each branch | |
| 372 | + | 20 office or other location where the agency regularly contracts | |
| 373 | + | 21 with day or temporary laborers for services. The fee may be | |
| 374 | + | 22 paid by check, money order, or the State Treasurer's E-Pay | |
| 375 | + | 23 program or any successor program, and the Department may not | |
| 376 | + | 24 refuse to accept a check on the basis that it is not a | |
| 377 | + | 25 certified check or a cashier's check. The Department may | |
| 378 | + | 26 charge an additional fee to be paid by a day and temporary | |
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| 389 | + | 1 labor service agency if the agency, or any person on the | |
| 390 | + | 2 agency's behalf, issues or delivers a check to the Department | |
| 391 | + | 3 that is not honored by the financial institution upon which it | |
| 392 | + | 4 is drawn. The Department shall also adopt rules for violation | |
| 393 | + | 5 hearings and penalties for violations of this Act or the | |
| 394 | + | 6 Department's rules in conjunction with the penalties set forth | |
| 395 | + | 7 in this Act. | |
| 396 | + | 8 (a-1) At the time of registration with the Department of | |
| 397 | + | 9 Labor each year, the day and temporary labor service agency | |
| 398 | + | 10 shall submit to the Department of Labor a report containing | |
| 399 | + | 11 the information identified in paragraph (9) of subsection (a) | |
| 400 | + | 12 of Section 12, broken down by branch office, in the aggregate | |
| 401 | + | 13 for all day or temporary laborers assigned within Illinois and | |
| 402 | + | 14 subject to this Act during the preceding year. This | |
| 403 | + | 15 information shall be submitted on a form created by the | |
| 404 | + | 16 Department of Labor. The Department of Labor shall aggregate | |
| 405 | + | 17 the information submitted by all registering day and temporary | |
| 406 | + | 18 labor service agencies by removing identifying data and shall | |
| 407 | + | 19 have the information available to the public only on a | |
| 408 | + | 20 municipal and county basis. As used in this paragraph, | |
| 409 | + | 21 "identifying data" means any and all information that: (i) | |
| 410 | + | 22 provides specific information on individual worker identity; | |
| 411 | + | 23 (ii) identifies the service agency in any manner; and (iii) | |
| 412 | + | 24 identifies clients utilizing the day and temporary labor | |
| 413 | + | 25 service agency or any other information that can be traced | |
| 414 | + | 26 back to any specific registering day and temporary labor | |
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| 425 | + | 1 service agency or its client. The information and reports | |
| 426 | + | 2 submitted to the Department of Labor under this subsection by | |
| 427 | + | 3 the registering day and temporary labor service agencies are | |
| 428 | + | 4 exempt from inspection and copying under Section 7.5 of the | |
| 429 | + | 5 Freedom of Information Act. | |
| 430 | + | 6 (b) It is a violation of this Act to operate a day and | |
| 431 | + | 7 temporary labor service agency without first registering with | |
| 432 | + | 8 the Department in accordance with subsection (a) of this | |
| 433 | + | 9 Section. The Department shall create and maintain at regular | |
| 434 | + | 10 intervals on its website, accessible to the public: (1) a list | |
| 435 | + | 11 of all registered day and temporary labor service agencies in | |
| 436 | + | 12 the State whose registration is in good standing; (2) a list of | |
| 437 | + | 13 day and temporary labor service agencies in the State whose | |
| 438 | + | 14 registration has been suspended, including the reason for the | |
| 439 | + | 15 suspension, the date the suspension was initiated, and the | |
| 440 | + | 16 date, if known, the suspension is to be lifted; and (3) a list | |
| 441 | + | 17 of day and temporary labor service agencies in the State whose | |
| 442 | + | 18 registration has been revoked, including the reason for the | |
| 443 | + | 19 revocation and the date the registration was revoked. The | |
| 444 | + | 20 Department has the authority to assess a penalty against any | |
| 445 | + | 21 day and temporary labor service agency that fails to register | |
| 446 | + | 22 with the Department of Labor in accordance with this Act or any | |
| 447 | + | 23 rules adopted under this Act of $500 for each violation. Each | |
| 448 | + | 24 day during which a day and temporary labor service agency | |
| 449 | + | 25 operates without registering with the Department shall be a | |
| 450 | + | 26 separate and distinct violation of this Act. | |
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| 461 | + | 1 (c) An applicant is not eligible to register to operate a | |
| 462 | + | 2 day and temporary labor service agency under this Act if the | |
| 463 | + | 3 applicant or any of its officers, directors, partners, or | |
| 464 | + | 4 managers or any owner of 25% or greater beneficial interest: | |
| 465 | + | 5 (1) has been involved, as owner, officer, director, | |
| 466 | + | 6 partner, or manager, of any day and temporary labor | |
| 467 | + | 7 service agency whose registration has been revoked or has | |
| 468 | + | 8 been suspended without being reinstated within the 5 years | |
| 469 | + | 9 immediately preceding the filing of the application; or | |
| 470 | + | 10 (2) is under the age of 18. | |
| 471 | + | 11 (d) Every agency shall post and keep posted at each | |
| 472 | + | 12 location, in a position easily accessible to all employees, | |
| 473 | + | 13 notices as supplied and required by the Department containing | |
| 474 | + | 14 a copy or summary of the provisions of the Act and a notice | |
| 475 | + | 15 which informs the public of a toll-free telephone number for | |
| 476 | + | 16 day or temporary laborers and the public to file wage dispute | |
| 477 | + | 17 complaints and other alleged violations by day and temporary | |
| 478 | + | 18 labor service agencies. Such notices shall be in English or | |
| 479 | + | 19 any other language generally understood in the locale of the | |
| 480 | + | 20 day and temporary labor service agency. | |
| 481 | + | 21 (Source: P.A. 100-517, eff. 6-1-18.) | |
| 482 | + | 22 (820 ILCS 175/50) | |
| 483 | + | 23 Sec. 50. Violations. The Department shall have the | |
| 484 | + | 24 authority to deny, suspend, or revoke the registration of a | |
| 485 | + | 25 day and temporary labor service agency if warranted by public | |
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| 496 | + | 1 health and safety concerns or violations of this Act. The | |
| 497 | + | 2 Attorney General, pursuant to its authority under Section 6.3 | |
| 498 | + | 3 of the Attorney General Act, may request that a circuit court | |
| 499 | + | 4 suspend or revoke the registration of a day and temporary | |
| 500 | + | 5 labor service agency when warranted by public health concern | |
| 501 | + | 6 or violations of this Act. The Attorney General shall provide | |
| 502 | + | 7 notice to the Director prior to requesting the suspension or | |
| 503 | + | 8 revocation of the registration of a day and temporary labor | |
| 504 | + | 9 service agency. | |
| 505 | + | 10 (Source: P.A. 94-511, eff. 1-1-06.) | |
| 506 | + | 11 (820 ILCS 175/55) | |
| 507 | + | 12 Sec. 55. Enforcement by the Department. | |
| 508 | + | 13 It shall be the duty of the Department to enforce the | |
| 509 | + | 14 provisions of this Act. The Department shall have the power to | |
| 510 | + | 15 conduct investigations in connection with the administration | |
| 511 | + | 16 and enforcement of this Act and any investigator with the | |
| 512 | + | 17 Department shall be authorized to visit and inspect, at all | |
| 513 | + | 18 reasonable times, any places covered by this Act and shall be | |
| 514 | + | 19 authorized to inspect, at all reasonable times, contracts for | |
| 515 | + | 20 the employment of all day or temporary laborers entered into | |
| 516 | + | 21 by a third party client if the Department has received a | |
| 517 | + | 22 complaint indicating that the third party client may have | |
| 518 | + | 23 contracted with a day and temporary labor service agency that | |
| 519 | + | 24 is not registered under this Act. The Department shall conduct | |
| 520 | + | 25 hearings in accordance with the Illinois Administrative | |
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| 531 | + | 1 Procedure Act upon written complaint by an investigator of the | |
| 532 | + | 2 Department or any interested person of a violation of the Act. | |
| 533 | + | 3 After the hearing, if supported by the evidence, the | |
| 534 | + | 4 Department may (i) issue and cause to be served on any party an | |
| 535 | + | 5 order to cease and desist from further violation of the Act, | |
| 536 | + | 6 (ii) take affirmative or other action as deemed reasonable to | |
| 537 | + | 7 eliminate the effect of the violation, (iii) deny, suspend, or | |
| 538 | + | 8 revoke any registration under this Act, and (iv) determine the | |
| 539 | + | 9 amount of any civil penalty allowed by the Act. The Director of | |
| 540 | + | 10 Labor or his or her representative may compel, by subpoena, | |
| 541 | + | 11 the attendance and testimony of witnesses and the production | |
| 542 | + | 12 of books, payrolls, records, papers, and other evidence in any | |
| 543 | + | 13 investigation or hearing and may administer oaths to | |
| 544 | + | 14 witnesses. Nothing in this Act applies to labor or employment | |
| 545 | + | 15 of a clerical or professional nature. | |
| 546 | + | 16 (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.) | |
| 547 | + | 17 (820 ILCS 175/67 new) | |
| 548 | + | 18 Sec. 67. Action for civil penalties brought by an | |
| 549 | + | 19 interested party. | |
| 550 | + | 20 (a) Upon a reasonable belief that a day and temporary | |
| 551 | + | 21 labor service agency or a third party client covered by this | |
| 552 | + | 22 Act is in violation of any part of this Act, an interested | |
| 553 | + | 23 party may initiate a civil action in the county where the | |
| 554 | + | 24 alleged offenses occurred or where any party to the action | |
| 555 | + | 25 resides, asserting that a violation of the Act has occurred, | |
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| 566 | + | 1 pursuant to the following sequence of events: | |
| 567 | + | 2 (1) The interested party submits to the Department of | |
| 568 | + | 3 Labor a complaint describing the violation and naming the | |
| 569 | + | 4 day or temporary labor service agency or third party | |
| 570 | + | 5 client alleged to have violated this Act. | |
| 571 | + | 6 (2) The Department sends notice of complaint to the | |
| 572 | + | 7 named parties alleged to have violated this Act and the | |
| 573 | + | 8 interested party. The named parties may either contest the | |
| 574 | + | 9 alleged violation or cure the alleged violation. | |
| 575 | + | 10 (3) The named parties contest or cure the alleged | |
| 576 | + | 11 violation within 30 days after the receipt of the notice | |
| 577 | + | 12 of complaint or, if the named party does not respond | |
| 578 | + | 13 within 30 days, the Department issues a notice of right to | |
| 579 | + | 14 sue to the interested party as described in paragraph (4). | |
| 580 | + | 15 (4) The Department issues a notice of right to sue to | |
| 581 | + | 16 the interested party, if one or more of the following has | |
| 582 | + | 17 occurred: | |
| 583 | + | 18 (i) the named party has cured the alleged | |
| 584 | + | 19 violation to the satisfaction of the Director; | |
| 585 | + | 20 (ii) the Director has determined that the | |
| 586 | + | 21 allegation is unjustified or that the Department does | |
| 587 | + | 22 not have jurisdiction over the matter or the parties; | |
| 588 | + | 23 or | |
| 589 | + | 24 (iii) the Director has determined that the | |
| 590 | + | 25 allegation is justified or has not made a | |
| 591 | + | 26 determination, and either has decided not to exercise | |
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| 597 | + | HB2862 Enrolled - 17 - LRB103 03414 AMQ 48420 b | |
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| 599 | + | ||
| 600 | + | HB2862 Enrolled- 18 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 18 - LRB103 03414 AMQ 48420 b | |
| 601 | + | HB2862 Enrolled - 18 - LRB103 03414 AMQ 48420 b | |
| 602 | + | 1 jurisdiction over the matter or has concluded | |
| 603 | + | 2 administrative enforcement of the matter. | |
| 604 | + | 3 (b) If within 180 days after service of the notice of | |
| 605 | + | 4 complaint to the parties, the Department has not (i) resolved | |
| 606 | + | 5 the contest and cure period, (ii) with the mutual agreement of | |
| 607 | + | 6 the parties, extended the time for the named party to cure the | |
| 608 | + | 7 violation and resolve the complaint, or (iii) issued a right | |
| 609 | + | 8 to sue letter, the interested party may initiate a civil | |
| 610 | + | 9 action for penalties. The parties may extend the 180-day | |
| 611 | + | 10 period by mutual agreement. The limitations period for the | |
| 612 | + | 11 interested party to bring an action for the alleged violation | |
| 613 | + | 12 of the Act shall be tolled for the 180-day period and for the | |
| 614 | + | 13 period of any mutually agreed extensions. At the end of the | |
| 615 | + | 14 180-day period, or any mutually agreed extensions, the | |
| 616 | + | 15 Department shall issue a right to sue letter to the interested | |
| 617 | + | 16 party. | |
| 618 | + | 17 (c) Any claim or action filed under this Section must be | |
| 619 | + | 18 made within 3 years of the alleged conduct resulting in the | |
| 620 | + | 19 complaint plus any period for which the limitations period has | |
| 621 | + | 20 been tolled. | |
| 622 | + | 21 (d) In an action brought pursuant to this Section, an | |
| 623 | + | 22 interested party may recover against the covered entity any | |
| 624 | + | 23 statutory penalties set forth in Section 70 and injunctive | |
| 625 | + | 24 relief. An interested party who prevails in a civil action | |
| 626 | + | 25 shall receive 10% of any statutory penalties assessed, plus | |
| 627 | + | 26 any attorneys' fees and expenses in bringing the action. The | |
| 628 | + | ||
| 629 | + | ||
| 630 | + | ||
| 631 | + | ||
| 632 | + | ||
| 633 | + | HB2862 Enrolled - 18 - LRB103 03414 AMQ 48420 b | |
| 634 | + | ||
| 635 | + | ||
| 636 | + | HB2862 Enrolled- 19 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 19 - LRB103 03414 AMQ 48420 b | |
| 637 | + | HB2862 Enrolled - 19 - LRB103 03414 AMQ 48420 b | |
| 638 | + | 1 remaining 90% of any statutory penalties assessed shall be | |
| 639 | + | 2 deposited into the Child Labor and Day and Temporary Labor | |
| 640 | + | 3 Services Enforcement Fund and shall be used exclusively for | |
| 641 | + | 4 the purposes set forth in Section 17.3 of the Child Labor Law. | |
| 642 | + | 5 (820 ILCS 175/70) | |
| 643 | + | 6 Sec. 70. Penalties. | |
| 644 | + | 7 (a) A day and temporary labor service agency or third | |
| 645 | + | 8 party client that violates any of the provisions of this Act or | |
| 646 | + | 9 any rule adopted under this Act shall be subject to a civil | |
| 647 | + | 10 penalty of not less than $100 and not more than $18,000 to | |
| 648 | + | 11 exceed $6,000 for violations found in the first audit by the | |
| 649 | + | 12 Department or determined by a court in a civil action brought | |
| 650 | + | 13 by an interested party, or determined by a court in a civil | |
| 651 | + | 14 action brought by the Attorney General pursuant to its | |
| 652 | + | 15 authority under Section 6.3 of the Attorney General Act. | |
| 653 | + | 16 Following a first audit or civil action, a day and temporary | |
| 654 | + | 17 labor service agency or third party client shall be subject to | |
| 655 | + | 18 a civil penalty of not less than $250 and not more than $7,500 | |
| 656 | + | 19 to exceed $2,500 for each repeat violation found by the | |
| 657 | + | 20 Department or circuit court within 3 years. For purposes of | |
| 658 | + | 21 this subsection, each violation of this Act for each day or | |
| 659 | + | 22 temporary laborer and for each day the violation continues | |
| 660 | + | 23 shall constitute a separate and distinct violation. In | |
| 661 | + | 24 determining the amount of a penalty, the Director or circuit | |
| 662 | + | 25 court shall consider the appropriateness of the penalty to the | |
| 663 | + | ||
| 664 | + | ||
| 665 | + | ||
| 666 | + | ||
| 667 | + | ||
| 668 | + | HB2862 Enrolled - 19 - LRB103 03414 AMQ 48420 b | |
| 669 | + | ||
| 670 | + | ||
| 671 | + | HB2862 Enrolled- 20 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 20 - LRB103 03414 AMQ 48420 b | |
| 672 | + | HB2862 Enrolled - 20 - LRB103 03414 AMQ 48420 b | |
| 673 | + | 1 day and temporary labor service agency or third party client | |
| 674 | + | 2 charged, upon the determination of the gravity of the | |
| 675 | + | 3 violations. For any violation determined by the Department or | |
| 676 | + | 4 circuit court to be willful which is within 3 years of an | |
| 677 | + | 5 earlier violation, the Department may revoke the registration | |
| 678 | + | 6 of the violator, if the violator is a day and temporary labor | |
| 679 | + | 7 service agency. The amount of the penalty, when finally | |
| 680 | + | 8 determined, may be: | |
| 681 | + | 9 (1) Recovered in a civil action brought by the | |
| 682 | + | 10 Director of Labor in any circuit court. In this | |
| 683 | + | 11 litigation, the Director of Labor shall be represented by | |
| 684 | + | 12 the Attorney General. | |
| 685 | + | 13 (2) Ordered by the court, in an action brought by any | |
| 686 | + | 14 party, including the Attorney General pursuant to its | |
| 687 | + | 15 authority under Section 6.3 of the Attorney General Act, | |
| 688 | + | 16 for a violation under this Act, to be paid to the Director | |
| 689 | + | 17 of Labor. | |
| 690 | + | 18 (b) The Department shall adopt rules for violation | |
| 691 | + | 19 hearings and penalties for violations of this Act or the | |
| 692 | + | 20 Department's rules in conjunction with the penalties set forth | |
| 693 | + | 21 in this Act. | |
| 694 | + | 22 Any administrative determination by the Department as to | |
| 695 | + | 23 the amount of each penalty shall be final unless reviewed as | |
| 696 | + | 24 provided in Section 60 of this Act. | |
| 697 | + | 25 (Source: P.A. 96-1185, eff. 7-22-10.) | |
| 698 | + | ||
| 699 | + | ||
| 700 | + | ||
| 701 | + | ||
| 702 | + | ||
| 703 | + | HB2862 Enrolled - 20 - LRB103 03414 AMQ 48420 b | |
| 704 | + | ||
| 705 | + | ||
| 706 | + | HB2862 Enrolled- 21 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 21 - LRB103 03414 AMQ 48420 b | |
| 707 | + | HB2862 Enrolled - 21 - LRB103 03414 AMQ 48420 b | |
| 708 | + | 1 (820 ILCS 175/85) | |
| 709 | + | 2 Sec. 85. Third party clients. | |
| 710 | + | 3 (a) It is a violation of this Act for a third party client | |
| 711 | + | 4 to enter into a contract for the employment of day or temporary | |
| 712 | + | 5 laborers with any day and temporary labor service agency not | |
| 713 | + | 6 registered under Section 45 of this Act. A third party client | |
| 714 | + | 7 has a duty to verify a day and temporary labor service agency's | |
| 715 | + | 8 status with the Department before entering into a contract | |
| 716 | + | 9 with such an agency, and on March 1 and September 1 of each | |
| 717 | + | 10 year. A day and temporary labor service agency shall be | |
| 718 | + | 11 required to provide each of its third party clients with proof | |
| 719 | + | 12 of valid registration issued by the Department at the time of | |
| 720 | + | 13 entering into a contract. A day and temporary labor service | |
| 721 | + | 14 agency shall be required to notify, both by telephone and in | |
| 722 | + | 15 writing, each day or temporary laborer it employs and each | |
| 723 | + | 16 third party client with whom it has a contract within 24 hours | |
| 724 | + | 17 of any denial, suspension, or revocation of its registration | |
| 725 | + | 18 by the Department. All contracts between any day and temporary | |
| 726 | + | 19 labor service agency and any third party client shall be | |
| 727 | + | 20 considered null and void from the date any such denial, | |
| 728 | + | 21 suspension, or revocation of registration becomes effective | |
| 729 | + | 22 and until such time as the day and temporary labor service | |
| 730 | + | 23 agency becomes registered and considered in good standing by | |
| 731 | + | 24 the Department as provided in Section 50 and Section 55. Upon | |
| 732 | + | 25 request, the Department shall provide to a third party client | |
| 733 | + | 26 a list of entities registered as day and temporary labor | |
| 734 | + | ||
| 735 | + | ||
| 736 | + | ||
| 737 | + | ||
| 738 | + | ||
| 739 | + | HB2862 Enrolled - 21 - LRB103 03414 AMQ 48420 b | |
| 740 | + | ||
| 741 | + | ||
| 742 | + | HB2862 Enrolled- 22 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 22 - LRB103 03414 AMQ 48420 b | |
| 743 | + | HB2862 Enrolled - 22 - LRB103 03414 AMQ 48420 b | |
| 744 | + | 1 service agencies. The Department shall provide on the Internet | |
| 745 | + | 2 a list of entities registered as day and temporary labor | |
| 746 | + | 3 service agencies. A third party client may rely on information | |
| 747 | + | 4 provided by the Department or maintained on the Department's | |
| 748 | + | 5 website pursuant to Section 45 of this Act and shall be held | |
| 749 | + | 6 harmless if such information maintained or provided by the | |
| 750 | + | 7 Department was inaccurate. Any third party client that | |
| 751 | + | 8 violates this provision of the Act is subject to a civil | |
| 752 | + | 9 penalty of not less than $100 and not to exceed $1,500 $500. | |
| 753 | + | 10 Each day during which a third party client contracts with a day | |
| 754 | + | 11 and temporary labor service agency not registered under | |
| 755 | + | 12 Section 45 of this Act shall constitute a separate and | |
| 756 | + | 13 distinct offense. | |
| 757 | + | 14 (b) If a third party client leases or contracts with a day | |
| 758 | + | 15 and temporary service agency for the services of a day or | |
| 759 | + | 16 temporary laborer, the third party client shall share all | |
| 760 | + | 17 legal responsibility and liability for the payment of wages | |
| 761 | + | 18 under the Illinois Wage Payment and Collection Act and the | |
| 762 | + | 19 Minimum Wage Law. | |
| 763 | + | 20 (c) Before the assignment of an employee to a worksite | |
| 764 | + | 21 employer, a day and temporary labor service agency must: | |
| 765 | + | 22 (1) inquire about the client company's safety and | |
| 766 | + | 23 health practices and hazards at the actual workplace where | |
| 767 | + | 24 the day or temporary laborer will be working to assess the | |
| 768 | + | 25 safety conditions, workers tasks, and the client company's | |
| 769 | + | 26 safety program; these activities are required at the start | |
| 770 | + | ||
| 771 | + | ||
| 772 | + | ||
| 773 | + | ||
| 774 | + | ||
| 775 | + | HB2862 Enrolled - 22 - LRB103 03414 AMQ 48420 b | |
| 776 | + | ||
| 777 | + | ||
| 778 | + | HB2862 Enrolled- 23 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 23 - LRB103 03414 AMQ 48420 b | |
| 779 | + | HB2862 Enrolled - 23 - LRB103 03414 AMQ 48420 b | |
| 780 | + | 1 of any contract to place day or temporary laborers and may | |
| 781 | + | 2 include visiting the client company's actual worksite. If, | |
| 782 | + | 3 during the inquiry or anytime during the period of the | |
| 783 | + | 4 contract, the day and temporary labor service agency | |
| 784 | + | 5 becomes aware of existing job hazards that are not | |
| 785 | + | 6 mitigated by the client company, the day and temporary | |
| 786 | + | 7 labor service agency must make the client company aware, | |
| 787 | + | 8 urge the client company to correct it, and document these | |
| 788 | + | 9 efforts, otherwise the day and temporary labor service | |
| 789 | + | 10 agency must remove the day or temporary laborers from the | |
| 790 | + | 11 client company's worksite; | |
| 791 | + | 12 (2) provide training to the day or temporary laborer | |
| 792 | + | 13 for general awareness safety training for recognized | |
| 793 | + | 14 industry hazards the day or temporary laborer may | |
| 794 | + | 15 encounter at the client company's worksite. Industry | |
| 795 | + | 16 hazard training must be completed, in the preferred | |
| 796 | + | 17 language of the day or temporary laborer, and must be | |
| 797 | + | 18 provided at no expense to the day or temporary laborer. | |
| 798 | + | 19 The training date and training content must be maintained | |
| 799 | + | 20 by the day and temporary staffing agency and provided to | |
| 800 | + | 21 the day or temporary laborer; | |
| 801 | + | 22 (3) transmit a general description of the training | |
| 802 | + | 23 program including topics covered to the client company, | |
| 803 | + | 24 whether electronically or on paper, at the start of the | |
| 804 | + | 25 contract with the client company; | |
| 805 | + | 26 (4) provide the Department's hotline number for the | |
| 806 | + | ||
| 807 | + | ||
| 808 | + | ||
| 809 | + | ||
| 810 | + | ||
| 811 | + | HB2862 Enrolled - 23 - LRB103 03414 AMQ 48420 b | |
| 812 | + | ||
| 813 | + | ||
| 814 | + | HB2862 Enrolled- 24 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 24 - LRB103 03414 AMQ 48420 b | |
| 815 | + | HB2862 Enrolled - 24 - LRB103 03414 AMQ 48420 b | |
| 816 | + | 1 employee to call to report safety hazards and concerns as | |
| 817 | + | 2 part of the employment materials provided to the day or | |
| 818 | + | 3 temporary laborer; and | |
| 819 | + | 4 (5) inform the day or temporary laborer who the day or | |
| 820 | + | 5 temporary laborer should report safety concerns to at the | |
| 821 | + | 6 workplace. | |
| 822 | + | 7 Nothing in this Section shall diminish any existing client | |
| 823 | + | 8 company or a day and temporary labor service agency's | |
| 824 | + | 9 responsibility as an employer to provide a place of employment | |
| 825 | + | 10 free from recognized hazards or to otherwise comply with other | |
| 826 | + | 11 health and safety or employment laws. The client company and | |
| 827 | + | 12 the day and temporary labor service agency are responsible for | |
| 828 | + | 13 compliance with this Section and the rules adopted under this | |
| 829 | + | 14 Section. | |
| 830 | + | 15 (d) Before the day or temporary laborer engages in work | |
| 831 | + | 16 for a client company, the client company must: | |
| 832 | + | 17 (1) document and inform the day and temporary labor | |
| 833 | + | 18 service agency about anticipated job hazards likely | |
| 834 | + | 19 encountered by the day or temporary laborer; | |
| 835 | + | 20 (2) review the safety and health awareness training | |
| 836 | + | 21 provided by the day and temporary labor service agency to | |
| 837 | + | 22 determine if it addresses recognized hazards for the | |
| 838 | + | 23 client company's industry; | |
| 839 | + | 24 (3) provide specific training tailored to the | |
| 840 | + | 25 particular hazards at the client company's worksite; and | |
| 841 | + | 26 (4) document and maintain records of site-specific | |
| 842 | + | ||
| 843 | + | ||
| 844 | + | ||
| 845 | + | ||
| 846 | + | ||
| 847 | + | HB2862 Enrolled - 24 - LRB103 03414 AMQ 48420 b | |
| 848 | + | ||
| 849 | + | ||
| 850 | + | HB2862 Enrolled- 25 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 25 - LRB103 03414 AMQ 48420 b | |
| 851 | + | HB2862 Enrolled - 25 - LRB103 03414 AMQ 48420 b | |
| 852 | + | 1 training and provide confirmation that the training | |
| 853 | + | 2 occurred to the day and temporary labor service agency | |
| 854 | + | 3 within 3 business days of providing the training. | |
| 855 | + | 4 (e) If the client company changes the job tasks or work | |
| 856 | + | 5 location and new hazards may be encountered, the client | |
| 857 | + | 6 company must: | |
| 858 | + | 7 (1) inform both the day and temporary labor service | |
| 859 | + | 8 agency and the day or temporary laborer; and | |
| 860 | + | 9 (2) inform both the day and temporary labor service | |
| 861 | + | 10 agency staffing agency and the day or temporary laborer of | |
| 862 | + | 11 job hazards not previously covered before the day or | |
| 863 | + | 12 temporary laborer undertakes the new tasks and update | |
| 864 | + | 13 personal protective equipment and training for the new job | |
| 865 | + | 14 tasks, if necessary. | |
| 866 | + | 15 (f) A day and temporary labor service agency or day or | |
| 867 | + | 16 temporary laborer may refuse a new job task at the worksite | |
| 868 | + | 17 when the task has not been reviewed or if the day or temporary | |
| 869 | + | 18 laborer has not had appropriate training to do the new task. | |
| 870 | + | 19 (g) A client company that supervises a day or temporary | |
| 871 | + | 20 laborer must provide worksite specific training to the day or | |
| 872 | + | 21 temporary laborer and must allow a day and temporary labor | |
| 873 | + | 22 service agency to visit any worksite where the day or | |
| 874 | + | 23 temporary laborer works or will be working to observe and | |
| 875 | + | 24 confirm the client company's training and information related | |
| 876 | + | 25 to the worksite's job tasks, safety and health practices, and | |
| 877 | + | 26 hazards. | |
| 878 | + | ||
| 879 | + | ||
| 880 | + | ||
| 881 | + | ||
| 882 | + | ||
| 883 | + | HB2862 Enrolled - 25 - LRB103 03414 AMQ 48420 b | |
| 884 | + | ||
| 885 | + | ||
| 886 | + | HB2862 Enrolled- 26 -LRB103 03414 AMQ 48420 b HB2862 Enrolled - 26 - LRB103 03414 AMQ 48420 b | |
| 887 | + | HB2862 Enrolled - 26 - LRB103 03414 AMQ 48420 b | |
| 888 | + | 1 (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.) | |
| 889 | + | ||
| 890 | + | ||
| 891 | + | ||
| 892 | + | ||
| 893 | + | ||
| 894 | + | HB2862 Enrolled - 26 - LRB103 03414 AMQ 48420 b |