Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2621 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2621 Introduced 10/24/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: See Index Amends the Day and Temporary Labor Services Act. Provides that, if there is not a directly hired comparative employee of the third party client, the day or temporary laborer shall be paid not less than the rate of pay (rather than the rate of pay and equivalent benefits) of the lowest paid direct hired employee of the company with the closest level of seniority at the company. Provides that, before the assignment of an employee to a worksite employer, a day and temporary labor service agency must notify a day or temporary laborer of any safety and health training that the day and temporary labor service agency or the third party client are responsible for providing to the day or temporary laborer, including any training required by the Occupational Health and Safety Administration. Provides that the definition of "day and temporary labor service agency" does not include a person or entity who employs laborers that require specialized training or education, including, but not limited to, machine operators, machine maintenance technicians, or quality technicians. Provides that the definition of "day and temporary labor service agency" does not include a staffing and recruiting agency. Defines "staffing and recruiting agency". Provides that that the amended version of Public Act 103-427 takes effect on and after January 1, 2025. Makes other changes. Effective immediately. LRB103 34222 SPS 64047 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2621 Introduced 10/24/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: See Index See Index Amends the Day and Temporary Labor Services Act. Provides that, if there is not a directly hired comparative employee of the third party client, the day or temporary laborer shall be paid not less than the rate of pay (rather than the rate of pay and equivalent benefits) of the lowest paid direct hired employee of the company with the closest level of seniority at the company. Provides that, before the assignment of an employee to a worksite employer, a day and temporary labor service agency must notify a day or temporary laborer of any safety and health training that the day and temporary labor service agency or the third party client are responsible for providing to the day or temporary laborer, including any training required by the Occupational Health and Safety Administration. Provides that the definition of "day and temporary labor service agency" does not include a person or entity who employs laborers that require specialized training or education, including, but not limited to, machine operators, machine maintenance technicians, or quality technicians. Provides that the definition of "day and temporary labor service agency" does not include a staffing and recruiting agency. Defines "staffing and recruiting agency". Provides that that the amended version of Public Act 103-427 takes effect on and after January 1, 2025. Makes other changes. Effective immediately. LRB103 34222 SPS 64047 b LRB103 34222 SPS 64047 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2621 Introduced 10/24/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Day and Temporary Labor Services Act. Provides that, if there is not a directly hired comparative employee of the third party client, the day or temporary laborer shall be paid not less than the rate of pay (rather than the rate of pay and equivalent benefits) of the lowest paid direct hired employee of the company with the closest level of seniority at the company. Provides that, before the assignment of an employee to a worksite employer, a day and temporary labor service agency must notify a day or temporary laborer of any safety and health training that the day and temporary labor service agency or the third party client are responsible for providing to the day or temporary laborer, including any training required by the Occupational Health and Safety Administration. Provides that the definition of "day and temporary labor service agency" does not include a person or entity who employs laborers that require specialized training or education, including, but not limited to, machine operators, machine maintenance technicians, or quality technicians. Provides that the definition of "day and temporary labor service agency" does not include a staffing and recruiting agency. Defines "staffing and recruiting agency". Provides that that the amended version of Public Act 103-427 takes effect on and after January 1, 2025. Makes other changes. Effective immediately.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Day and Temporary Labor Services Act is
15	15	5 amended by changing Sections 2, 5, 11, 30, 42, 45, 50, 55, 67,
16	16	6 70, and 85 and by adding Sections 2a, 5a, 30a, 45a, 50a, 55a,
17	17	7 70a, and 85a as follows:
18	18	8 (820 ILCS 175/2)
19	19	9 Sec. 2. Legislative findings.
20	20	10 (a) The General Assembly finds as follows:
21	21	11 Since the passage of this Act, the number of workers who
22	22	12 work as day or temporary laborers in Illinois has risen from
23	23	13 approximately 300,000 to more than 650,000 according to data
24	24	14 collected by the Department of Labor.
25	25	15 Since the passage of this Act, the number of day labor and
26	26	16 temporary labor service agencies registered in Illinois has
27	27	17 risen from approximately 150 with 600 branch offices to over
28	28	18 300 with over 800 branch offices. In addition, there still
29	29	19 exists a significant, though unknown, number of unregistered
30	30	20 day labor and temporary labor service agencies that operate
31	31	21 outside the radar of law enforcement.
32	32	22 Recent studies and a survey of low-wage day or temporary
33	33	23 laborers themselves have consistently found that as a group,
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2621 Introduced 10/24/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Day and Temporary Labor Services Act. Provides that, if there is not a directly hired comparative employee of the third party client, the day or temporary laborer shall be paid not less than the rate of pay (rather than the rate of pay and equivalent benefits) of the lowest paid direct hired employee of the company with the closest level of seniority at the company. Provides that, before the assignment of an employee to a worksite employer, a day and temporary labor service agency must notify a day or temporary laborer of any safety and health training that the day and temporary labor service agency or the third party client are responsible for providing to the day or temporary laborer, including any training required by the Occupational Health and Safety Administration. Provides that the definition of "day and temporary labor service agency" does not include a person or entity who employs laborers that require specialized training or education, including, but not limited to, machine operators, machine maintenance technicians, or quality technicians. Provides that the definition of "day and temporary labor service agency" does not include a staffing and recruiting agency. Defines "staffing and recruiting agency". Provides that that the amended version of Public Act 103-427 takes effect on and after January 1, 2025. Makes other changes. Effective immediately.
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43	43	A BILL FOR
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68	68	1 they are particularly vulnerable to abuse of their labor
69	69	2 rights, including unpaid wages, failure to pay for all hours
70	70	3 worked, minimum wage and overtime violations, and unlawful
71	71	4 deductions from pay for meals, transportation, equipment, and
72	72	5 other items.
73	73	6 Current law is inadequate to protect the labor and
74	74	7 employment rights of these workers.
75	75	8 At the same time, in Illinois and in other states,
76	76	9 democratically run nonprofit day labor centers, which charge
77	77	10 no fee for their services, have been established to provide an
78	78	11 alternative for day or temporary laborers to solicit work on
79	79	12 street corners. These centers are not subject to this Act.
80	80	13 (b) This Section is effective on and after January 1,
81	81	14 2025.
82	82	15 (Source: P.A. 103-437, eff. 8-4-23.)
83	83	16 (820 ILCS 175/2a new)
84	84	17 Sec. 2a. Legislative Findings.
85	85	18 (a) The General Assembly finds as follows:
86	86	19 Over 300,000 workers work as day or temporary laborers in
87	87	20 Illinois.
88	88	21 Approximately 150 day labor and temporary labor service
89	89	22 agencies with nearly 600 branch offices are licensed
90	90	23 throughout Illinois. In addition, there is a large, though
91	91	24 unknown, number of unlicensed day labor and temporary labor
92	92	25 service agencies that operate outside the radar of law
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103	103	1 enforcement.
104	104	2 Recent studies and a survey of low-wage day or temporary
105	105	3 laborers themselves finds that as a group, they are
106	106	4 particularly vulnerable to abuse of their labor rights,
107	107	5 including unpaid wages, failure to pay for all hours worked,
108	108	6 minimum wage and overtime violations, and unlawful deduction
109	109	7 from pay for meals, transportation, equipment and other items.
110	110	8 Current law is inadequate to protect the labor and
111	111	9 employment rights of these workers.
112	112	10 At the same time, in Illinois and in other states,
113	113	11 democratically run nonprofit day labor centers, which charge
114	114	12 no fee for their services, have been established to provide an
115	115	13 alternative for day or temporary laborers to solicit work on
116	116	14 street corners. These centers are not subject to this Act.
117	117	15 (b) This Section is repealed on January 1, 2025.
118	118	16 (820 ILCS 175/5)
119	119	17 Sec. 5. Definitions.
120	120	18 (a) As used in this Act:
121	121	19 "Day or temporary laborer" means a natural person who
122	122	20 contracts for employment with a day and temporary labor
123	123	21 service agency.
124	124	22 "Day and temporary labor" means work performed by a day or
125	125	23 temporary laborer at a third party client, the duration of
126	126	24 which may be specific or undefined, pursuant to a contract or
127	127	25 understanding between the day and temporary labor service
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138	138	1 agency and the third party client. "Day and temporary labor"
139	139	2 does not include labor or employment of a professional or
140	140	3 clerical nature.
141	141	4 "Day and temporary labor service agency" means any person
142	142	5 or entity engaged in the business of employing day or
143	143	6 temporary laborers to provide services, for a fee, to or for
144	144	7 any third party client pursuant to a contract with the day and
145	145	8 temporary labor service agency and the third party client.
146	146	9 "Day and temporary labor service agency" does not include a
147	147	10 person or entity who employs laborers that require specialized
148	148	11 training or education, including, but not limited to, machine
149	149	12 operators, machine maintenance technicians, or quality
150	150	13 technicians. "Day and temporary labor service agency" does not
151	151	14 include a staffing and recruiting agency.
152	152	15 "Department" means the Department of Labor.
153	153	16 "Interested party" means an organization that monitors or
154	154	17 is attentive to compliance with public or worker safety laws,
155	155	18 wage and hour requirements, or other statutory requirements.
156	156	19 "Third party client" means any person that contracts with
157	157	20 a day and temporary labor service agency for obtaining day or
158	158	21 temporary laborers.
159	159	22 "Person" means every natural person, firm, partnership,
160	160	23 co-partnership, limited liability company, corporation,
161	161	24 association, business trust, or other legal entity, or its
162	162	25 legal representatives, agents, or assigns.
163	163	26 "Staffing and recruiting agency" means any person or
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174	174	1 entity that recruits, screens, interviews, and assesses
175	175	2 individuals for project, contract-to-hire, and direct hire
176	176	3 positions.
177	177	4 (b) This Section is effective on and after January 1,
178	178	5 2025.
179	179	6 (Source: P.A. 103-437, eff. 8-4-23.)
180	180	7 (820 ILCS 175/5a new)
181	181	8 Sec. 5a. Definitions.
182	182	9 (a) As used in this Act:
183	183	10 "Day or temporary laborer" means a natural person who
184	184	11 contracts for employment with a day and temporary labor
185	185	12 service agency.
186	186	13 "Day and temporary labor" means work performed by a day or
187	187	14 temporary laborer at a third party client, the duration of
188	188	15 which may be specific or undefined, pursuant to a contract or
189	189	16 understanding between the day and temporary labor service
190	190	17 agency and the third party client. "Day and temporary labor"
191	191	18 does not include labor or employment of a professional or
192	192	19 clerical nature.
193	193	20 "Day and temporary labor service agency" means any person
194	194	21 or entity engaged in the business of employing day or
195	195	22 temporary laborers to provide services, for a fee, to or for
196	196	23 any third party client pursuant to a contract with the day and
197	197	24 temporary labor service agency and the third party client.
198	198	25 "Department" means the Department of Labor.
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209	209	1 "Third party client" means any person that contracts with
210	210	2 a day and temporary labor service agency for obtaining day or
211	211	3 temporary laborers.
212	212	4 "Person" means every natural person, firm, partnership,
213	213	5 co-partnership, limited liability company, corporation,
214	214	6 association, business trust, or other legal entity, or its
215	215	7 legal representatives, agents, or assigns.
216	216	8 (b) This Section is repealed on January 1, 2025.
217	217	9 (820 ILCS 175/11)
218	218	10 Sec. 11. Right to refuse assignment to a labor dispute.
219	219	11 (a) No day and temporary labor service agency may send a
220	220	12 day or temporary laborer to a place where a strike, a lockout,
221	221	13 or other labor trouble exists without providing, at or before
222	222	14 the time of dispatch, a statement, in writing and in a language
223	223	15 that the day and temporary laborer understands, informing the
224	224	16 day or temporary laborer of the labor dispute and the day or
225	225	17 temporary laborer's right to refuse the assignment without
226	226	18 prejudice to receiving another assignment.
227	227	19 (b) The failure by a day and temporary labor service
228	228	20 agency to provide any of the information required by this
229	229	21 Section shall constitute a notice violation under Section 95.
230	230	22 The failure of a day and temporary labor service agency to
231	231	23 provide each piece of information required by this Section at
232	232	24 each time it is required by this Section shall constitute a
233	233	25 separate and distinct notice violation. If a day and temporary
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244	244	1 labor service agency claims that it has provided a notice as
245	245	2 required under this Section electronically, the day and
246	246	3 temporary labor service agency shall bear the burden of
247	247	4 showing that the notice was provided if there is a dispute.
248	248	5 (c) This Section is effective on and after January 1,
249	249	6 2025.
250	250	7 (Source: P.A. 103-437, eff. 8-4-23.)
251	251	8 (820 ILCS 175/30)
252	252	9 Sec. 30. Wage payment and notice.
253	253	10 (a) At the time of payment of wages, a day and temporary
254	254	11 labor service agency shall provide each day or temporary
255	255	12 laborer with a detailed itemized statement, on the day or
256	256	13 temporary laborer's paycheck stub or on a form approved by the
257	257	14 Department, listing the following:
258	258	15 (1) the name, address, and telephone number of each
259	259	16 third party client at which the day or temporary laborer
260	260	17 worked. If this information is provided on the day or
261	261	18 temporary laborer's paycheck stub, a code for each third
262	262	19 party client may be used so long as the required
263	263	20 information for each coded third party client is made
264	264	21 available to the day or temporary laborer;
265	265	22 (2) the number of hours worked by the day or temporary
266	266	23 laborer at each third party client each day during the pay
267	267	24 period. If the day or temporary laborer is assigned to
268	268	25 work at the same work site of the same third party client
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279	279	1 for multiple days in the same work week, the day and
280	280	2 temporary labor service agency may record a summary of
281	281	3 hours worked at that third party client's worksite so long
282	282	4 as the first and last day of that work week are identified
283	283	5 as well. The term "hours worked" has the meaning ascribed
284	284	6 to that term in 56 Ill. Adm. Code 210.110 and in accordance
285	285	7 with all applicable rules or court interpretations under
286	286	8 56 Ill. Adm. Code 210.110;
287	287	9 (3) the rate of payment for each hour worked,
288	288	10 including any premium rate or bonus;
289	289	11 (4) the total pay period earnings;
290	290	12 (5) all deductions made from the day or temporary
291	291	13 laborer's compensation made either by the third party
292	292	14 client or by the day and temporary labor service agency,
293	293	15 and the purpose for which deductions were made, including
294	294	16 for the day or temporary laborer's transportation, food,
295	295	17 equipment, withheld income tax, withheld social security
296	296	18 payments, and every other deduction; and
297	297	19 (6) any additional information required by rules
298	298	20 issued by the Department.
299	299	21 (a-1) For each day or temporary laborer who is contracted
300	300	22 to work a single day, the third party client shall, at the end
301	301	23 of the work day, provide such day or temporary laborer with a
302	302	24 Work Verification Form, approved by the Department, which
303	303	25 shall contain the date, the day or temporary laborer's name,
304	304	26 the work location, and the hours worked on that day. Any third
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315	315	1 party client who violates this subsection (a-1) may be subject
316	316	2 to a civil penalty of not less than $100 and not more than
317	317	3 $1,500 for each violation found by the Department. Such civil
318	318	4 penalty shall increase to not less than $500 and not more than
319	319	5 $7,500 for a second or subsequent violation. For purposes of
320	320	6 this subsection (a-1), each violation of this subsection (a-1)
321	321	7 for each day or temporary laborer and for each day the
322	322	8 violation continues shall constitute a separate and distinct
323	323	9 violation.
324	324	10 (b) A day and temporary labor service agency shall provide
325	325	11 each worker an annual earnings summary within a reasonable
326	326	12 time after the preceding calendar year, but in no case later
327	327	13 than February 1. A day and temporary labor service agency
328	328	14 shall, at the time of each wage payment, give notice to day or
329	329	15 temporary laborers of the availability of the annual earnings
330	330	16 summary or post such a notice in a conspicuous place in the
331	331	17 public reception area.
332	332	18 (c) At the request of a day or temporary laborer, a day and
333	333	19 temporary labor service agency shall hold the daily wages of
334	334	20 the day or temporary laborer and make either weekly,
335	335	21 bi-weekly, or semi-monthly payments. The wages shall be paid
336	336	22 in a single check, or, at the day or temporary laborer's sole
337	337	23 option, by direct deposit or other manner approved by the
338	338	24 Department, representing the wages earned during the period,
339	339	25 either weekly, bi-weekly, or semi-monthly, designated by the
340	340	26 day or temporary laborer in accordance with the Illinois Wage
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351	351	1 Payment and Collection Act. Vouchers or any other method of
352	352	2 payment which is not generally negotiable shall be prohibited
353	353	3 as a method of payment of wages. Day and temporary labor
354	354	4 service agencies that make daily wage payments shall provide
355	355	5 written notification to all day or temporary laborers of the
356	356	6 right to request weekly, bi-weekly, or semi-monthly checks.
357	357	7 The day and temporary labor service agency may provide this
358	358	8 notice by conspicuously posting the notice at the location
359	359	9 where the wages are received by the day or temporary laborers.
360	360	10 (d) No day and temporary labor service agency shall charge
361	361	11 any day or temporary laborer for cashing a check issued by the
362	362	12 agency for wages earned by a day or temporary laborer who
363	363	13 performed work through that agency. No day and temporary labor
364	364	14 service agency or third party client shall charge any day or
365	365	15 temporary laborer for the expense of conducting any consumer
366	366	16 report, as that term is defined in the Fair Credit Reporting
367	367	17 Act, 15 U.S.C. 1681a(d), any criminal background check of any
368	368	18 kind, or any drug test of any kind.
369	369	19 (e) Day or temporary laborers shall be paid no less than
370	370	20 the wage rate stated in the notice as provided in Section 10 of
371	371	21 this Act for all the work performed on behalf of the third
372	372	22 party client in addition to the work listed in the written
373	373	23 description.
374	374	24 (f) The total amount deducted for meals, equipment, and
375	375	25 transportation may not cause a day or temporary laborer's
376	376	26 hourly wage to fall below the State or federal minimum wage.
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387	387	1 However, a day and temporary labor service agency may deduct
388	388	2 the actual market value of reusable equipment provided to the
389	389	3 day or temporary laborer by the day and temporary labor
390	390	4 service agency which the day or temporary laborer fails to
391	391	5 return, if the day or temporary laborer provides a written
392	392	6 authorization for such deduction at the time the deduction is
393	393	7 made.
394	394	8 (g) A day or temporary laborer who is contracted by a day
395	395	9 and temporary labor service agency to work at a third party
396	396	10 client's worksite but is not utilized by the third party
397	397	11 client shall be paid by the day and temporary labor service
398	398	12 agency for a minimum of 4 hours of pay at the agreed upon rate
399	399	13 of pay. However, in the event the day and temporary labor
400	400	14 service agency contracts the day or temporary laborer to work
401	401	15 at another location during the same shift, the day or
402	402	16 temporary laborer shall be paid by the day and temporary labor
403	403	17 service agency for a minimum of 2 hours of pay at the agreed
404	404	18 upon rate of pay.
405	405	19 (h) A third party client is required to pay wages and
406	406	20 related payroll taxes to a licensed day and temporary labor
407	407	21 service agency for services performed by the day or temporary
408	408	22 laborer for the third party client according to payment terms
409	409	23 outlined on invoices, service agreements, or stated terms
410	410	24 provided by the day and temporary labor service agency. A
411	411	25 third party client who fails to comply with this subsection
412	412	26 (h) is subject to the penalties provided in Section 70 of this
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423	423	1 Act. The Department shall review a complaint filed by a
424	424	2 licensed day and temporary labor agency. The Department shall
425	425	3 review the payroll and accounting records of the day and
426	426	4 temporary labor service agency and the third party client for
427	427	5 the period in which the violation of this Act is alleged to
428	428	6 have occurred to determine if wages and payroll taxes have
429	429	7 been paid to the agency and that the day or temporary laborer
430	430	8 has been paid the wages owed him or her.
431	431	9 (i) This Section is effective on and after January 1,
432	432	10 2025.
433	433	11 (Source: P.A. 103-437, eff. 8-4-23.)
434	434	12 (820 ILCS 175/30a new)
435	435	13 Sec. 30a. Wage Payment and Notice.
436	436	14 (a) At the time of payment of wages, a day and temporary
437	437	15 labor service agency shall provide each day or temporary
438	438	16 laborer with a detailed itemized statement, on the day or
439	439	17 temporary laborer's paycheck stub or on a form approved by the
440	440	18 Department, listing the following:
441	441	19 (1) the name, address, and telephone number of each
442	442	20 third party client at which the day or temporary laborer
443	443	21 worked. If this information is provided on the day or
444	444	22 temporary laborer's paycheck stub, a code for each third
445	445	23 party client may be used so long as the required
446	446	24 information for each coded third party client is made
447	447	25 available to the day or temporary laborer;
448	448
449	449
450	450
451	451
452	452
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454	454
455	455
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457	457	SB2621 - 13 - LRB103 34222 SPS 64047 b
458	458	1 (2) the number of hours worked by the day or temporary
459	459	2 laborer at each third party client each day during the pay
460	460	3 period. If the day or temporary laborer is assigned to
461	461	4 work at the same work site of the same third party client
462	462	5 for multiple days in the same work week, the day and
463	463	6 temporary labor service agency may record a summary of
464	464	7 hours worked at that third party client's worksite so long
465	465	8 as the first and last day of that work week are identified
466	466	9 as well. The term "hours worked" has the meaning ascribed
467	467	10 to that term in 56 Ill. Adm. Code 210.110 and in accordance
468	468	11 with all applicable rules or court interpretations under
469	469	12 56 Ill. Adm. Code 210.110;
470	470	13 (3) the rate of payment for each hour worked,
471	471	14 including any premium rate or bonus;
472	472	15 (4) the total pay period earnings;
473	473	16 (5) all deductions made from the day or temporary
474	474	17 laborer's compensation made either by the third party
475	475	18 client or by the day and temporary labor service agency,
476	476	19 and the purpose for which deductions were made, including
477	477	20 for the day or temporary laborer's transportation, food,
478	478	21 equipment, withheld income tax, withheld social security
479	479	22 payments, and every other deduction; and
480	480	23 (6) any additional information required by rules
481	481	24 issued by the Department.
482	482	25 (a-1) For each day or temporary laborer who is contracted
483	483	26 to work a single day, the third party client shall, at the end
484	484
485	485
486	486
487	487
488	488
489	489	SB2621 - 13 - LRB103 34222 SPS 64047 b
490	490
491	491
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493	493	SB2621 - 14 - LRB103 34222 SPS 64047 b
494	494	1 of the work day, provide such day or temporary laborer with a
495	495	2 Work Verification Form, approved by the Department, which
496	496	3 shall contain the date, the day or temporary laborer's name,
497	497	4 the work location, and the hours worked on that day. Any third
498	498	5 party client who violates this subsection (a-1) may be subject
499	499	6 to a civil penalty not to exceed $500 for each violation found
500	500	7 by the Department. Such civil penalty may increase to $2,500
501	501	8 for a second or subsequent violation. For purposes of this
502	502	9 subsection (a-1), each violation of this subsection (a-1) for
503	503	10 each day or temporary laborer and for each day the violation
504	504	11 continues shall constitute a separate and distinct violation.
505	505	12 (b) A day and temporary labor service agency shall provide
506	506	13 each worker an annual earnings summary within a reasonable
507	507	14 time after the preceding calendar year, but in no case later
508	508	15 than February 1. A day and temporary labor service agency
509	509	16 shall, at the time of each wage payment, give notice to day or
510	510	17 temporary laborers of the availability of the annual earnings
511	511	18 summary or post such a notice in a conspicuous place in the
512	512	19 public reception area.
513	513	20 (c) At the request of a day or temporary laborer, a day and
514	514	21 temporary labor service agency shall hold the daily wages of
515	515	22 the day or temporary laborer and make either weekly,
516	516	23 bi-weekly, or semi-monthly payments. The wages shall be paid
517	517	24 in a single check, or, at the day or temporary laborer's sole
518	518	25 option, by direct deposit or other manner approved by the
519	519	26 Department, representing the wages earned during the period,
520	520
521	521
522	522
523	523
524	524
525	525	SB2621 - 14 - LRB103 34222 SPS 64047 b
526	526
527	527
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529	529	SB2621 - 15 - LRB103 34222 SPS 64047 b
530	530	1 either weekly, bi-weekly, or semi-monthly, designated by the
531	531	2 day or temporary laborer in accordance with the Illinois Wage
532	532	3 Payment and Collection Act. Vouchers or any other method of
533	533	4 payment which is not generally negotiable shall be prohibited
534	534	5 as a method of payment of wages. Day and temporary labor
535	535	6 service agencies that make daily wage payments shall provide
536	536	7 written notification to all day or temporary laborers of the
537	537	8 right to request weekly, bi-weekly, or semi-monthly checks.
538	538	9 The day and temporary labor service agency may provide this
539	539	10 notice by conspicuously posting the notice at the location
540	540	11 where the wages are received by the day or temporary laborers.
541	541	12 (d) No day and temporary labor service agency shall charge
542	542	13 any day or temporary laborer for cashing a check issued by the
543	543	14 agency for wages earned by a day or temporary laborer who
544	544	15 performed work through that agency. No day and temporary labor
545	545	16 service agency or third party client shall charge any day or
546	546	17 temporary laborer for the expense of conducting any consumer
547	547	18 report, as that term is defined in the Fair Credit Reporting
548	548	19 Act, 15 U.S.C. 1681a(d), any criminal background check of any
549	549	20 kind, or any drug test of any kind.
550	550	21 (e) Day or temporary laborers shall be paid no less than
551	551	22 the wage rate stated in the notice as provided in Section 10 of
552	552	23 this Act for all the work performed on behalf of the third
553	553	24 party client in addition to the work listed in the written
554	554	25 description.
555	555	26 (f) The total amount deducted for meals, equipment, and
556	556
557	557
558	558
559	559
560	560
561	561	SB2621 - 15 - LRB103 34222 SPS 64047 b
562	562
563	563
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565	565	SB2621 - 16 - LRB103 34222 SPS 64047 b
566	566	1 transportation may not cause a day or temporary laborer's
567	567	2 hourly wage to fall below the State or federal minimum wage.
568	568	3 However, a day and temporary labor service agency may deduct
569	569	4 the actual market value of reusable equipment provided to the
570	570	5 day or temporary laborer by the day and temporary labor
571	571	6 service agency which the day or temporary laborer fails to
572	572	7 return, if the day or temporary laborer provides a written
573	573	8 authorization for such deduction at the time the deduction is
574	574	9 made.
575	575	10 (g) A day or temporary laborer who is contracted by a day
576	576	11 and temporary labor service agency to work at a third party
577	577	12 client's worksite but is not utilized by the third party
578	578	13 client shall be paid by the day and temporary labor service
579	579	14 agency for a minimum of 4 hours of pay at the agreed upon rate
580	580	15 of pay. However, in the event the day and temporary labor
581	581	16 service agency contracts the day or temporary laborer to work
582	582	17 at another location during the same shift, the day or
583	583	18 temporary laborer shall be paid by the day and temporary labor
584	584	19 service agency for a minimum of 2 hours of pay at the agreed
585	585	20 upon rate of pay.
586	586	21 (h) A third party client is required to pay wages and
587	587	22 related payroll taxes to a licensed day and temporary labor
588	588	23 service agency for services performed by the day or temporary
589	589	24 laborer for the third party client according to payment terms
590	590	25 outlined on invoices, service agreements, or stated terms
591	591	26 provided by the day and temporary labor service agency. A
592	592
593	593
594	594
595	595
596	596
597	597	SB2621 - 16 - LRB103 34222 SPS 64047 b
598	598
599	599
600	600	SB2621- 17 -LRB103 34222 SPS 64047 b SB2621 - 17 - LRB103 34222 SPS 64047 b
601	601	SB2621 - 17 - LRB103 34222 SPS 64047 b
602	602	1 third party client who fails to comply with this subsection
603	603	2 (h) is subject to the penalties provided in Section 70 of this
604	604	3 Act. The Department shall review a complaint filed by a
605	605	4 licensed day and temporary labor agency. The Department shall
606	606	5 review the payroll and accounting records of the day and
607	607	6 temporary labor service agency and the third party client for
608	608	7 the period in which the violation of this Act is alleged to
609	609	8 have occurred to determine if wages and payroll taxes have
610	610	9 been paid to the agency and that the day or temporary laborer
611	611	10 has been paid the wages owed him or her.
612	612	11 (i) This Section is repealed on January 1, 2025.
613	613	12 (820 ILCS 175/42)
614	614	13 Sec. 42. Equal pay for equal work.
615	615	14 (a) A day or temporary laborer who is assigned to work at a
616	616	15 third party client for more than 90 calendar days shall be paid
617	617	16 not less than the rate of pay and equivalent benefits as the
618	618	17 lowest paid directly hired employee of the third party client
619	619	18 with the same level of seniority at the company and performing
620	620	19 the same or substantially similar work on jobs the performance
621	621	20 of which requires substantially similar skill, effort, and
622	622	21 responsibility, and that are performed under similar working
623	623	22 conditions. If there is not a directly hired comparative
624	624	23 employee of the third party client, the day or temporary
625	625	24 laborer shall be paid not less than the rate of pay and
626	626	25 equivalent benefits of the lowest paid direct hired employee
627	627
628	628
629	629
630	630
631	631
632	632	SB2621 - 17 - LRB103 34222 SPS 64047 b
633	633
634	634
635	635	SB2621- 18 -LRB103 34222 SPS 64047 b SB2621 - 18 - LRB103 34222 SPS 64047 b
636	636	SB2621 - 18 - LRB103 34222 SPS 64047 b
637	637	1 of the company with the closest level of seniority at the
638	638	2 company. A day and temporary labor service agency may pay the
639	639	3 hourly cash equivalent of the actual cost benefits in lieu of
640	640	4 benefits required under this Section. Upon request, a third
641	641	5 party client to which a day or temporary laborer has been
642	642	6 assigned for more than 90 calendar days shall be obligated to
643	643	7 timely provide the day and temporary labor service agency with
644	644	8 all necessary information related to job duties and , pay, and
645	645	9 benefits of directly hired employees necessary for the day and
646	646	10 temporary labor service agency to comply with this Section.
647	647	11 The failure by a third party client to provide any of the
648	648	12 information required under this Section shall constitute a
649	649	13 notice violation by the third party client under Section 95.
650	650	14 For purposes of this Section, the day and temporary labor
651	651	15 service agency shall be considered a person aggrieved as
652	652	16 described in Section 95.
653	653	17 (b) This Section is effective on and after January 1,
654	654	18 2025.
655	655	19 (Source: P.A. 103-437, eff. 8-4-23.)
656	656	20 (820 ILCS 175/45)
657	657	21 Sec. 45. Registration; Department of Labor.
658	658	22 (a) A day and temporary labor service agency which is
659	659	23 located, operates or transacts business within this State
660	660	24 shall register with the Department of Labor in accordance with
661	661	25 rules adopted by the Department for day and temporary labor
662	662
663	663
664	664
665	665
666	666
667	667	SB2621 - 18 - LRB103 34222 SPS 64047 b
668	668
669	669
670	670	SB2621- 19 -LRB103 34222 SPS 64047 b SB2621 - 19 - LRB103 34222 SPS 64047 b
671	671	SB2621 - 19 - LRB103 34222 SPS 64047 b
672	672	1 service agencies and shall be subject to this Act and any rules
673	673	2 adopted under this Act. Each day and temporary labor service
674	674	3 agency shall provide proof of an employer account number
675	675	4 issued by the Department of Employment Security for the
676	676	5 payment of unemployment insurance contributions as required
677	677	6 under the Unemployment Insurance Act, and proof of valid
678	678	7 workers' compensation insurance in effect at the time of
679	679	8 registration covering all of its employees. If, at any time, a
680	680	9 day and temporary labor service agency's workers' compensation
681	681	10 insurance coverage lapses, the agency shall have an
682	682	11 affirmative duty to report the lapse of such coverage to the
683	683	12 Department and the agency's registration shall be suspended
684	684	13 until the agency's workers' compensation insurance is
685	685	14 reinstated. The Department may assess each day and temporary
686	686	15 labor service agency a non-refundable registration fee not
687	687	16 exceeding $3,000 $1,000 per year per agency and a
688	688	17 non-refundable fee not to exceed $750 $250 for each branch
689	689	18 office or other location where the agency regularly contracts
690	690	19 with day or temporary laborers for services. The fee may be
691	691	20 paid by check, money order, or the State Treasurer's E-Pay
692	692	21 program or any successor program, and the Department may not
693	693	22 refuse to accept a check on the basis that it is not a
694	694	23 certified check or a cashier's check. The Department may
695	695	24 charge an additional fee to be paid by a day and temporary
696	696	25 labor service agency if the agency, or any person on the
697	697	26 agency's behalf, issues or delivers a check to the Department
698	698
699	699
700	700
701	701
702	702
703	703	SB2621 - 19 - LRB103 34222 SPS 64047 b
704	704
705	705
706	706	SB2621- 20 -LRB103 34222 SPS 64047 b SB2621 - 20 - LRB103 34222 SPS 64047 b
707	707	SB2621 - 20 - LRB103 34222 SPS 64047 b
708	708	1 that is not honored by the financial institution upon which it
709	709	2 is drawn. The Department shall also adopt rules for violation
710	710	3 hearings and penalties for violations of this Act or the
711	711	4 Department's rules in conjunction with the penalties set forth
712	712	5 in this Act.
713	713	6 (a-1) At the time of registration with the Department of
714	714	7 Labor each year, the day and temporary labor service agency
715	715	8 shall submit to the Department of Labor a report containing
716	716	9 the information identified in paragraph (9) of subsection (a)
717	717	10 of Section 12, broken down by branch office, in the aggregate
718	718	11 for all day or temporary laborers assigned within Illinois and
719	719	12 subject to this Act during the preceding year. This
720	720	13 information shall be submitted on a form created by the
721	721	14 Department of Labor. The Department of Labor shall aggregate
722	722	15 the information submitted by all registering day and temporary
723	723	16 labor service agencies by removing identifying data and shall
724	724	17 have the information available to the public only on a
725	725	18 municipal and county basis. As used in this paragraph,
726	726	19 "identifying data" means any and all information that: (i)
727	727	20 provides specific information on individual worker identity;
728	728	21 (ii) identifies the service agency in any manner; and (iii)
729	729	22 identifies clients utilizing the day and temporary labor
730	730	23 service agency or any other information that can be traced
731	731	24 back to any specific registering day and temporary labor
732	732	25 service agency or its client. The information and reports
733	733	26 submitted to the Department of Labor under this subsection by
734	734
735	735
736	736
737	737
738	738
739	739	SB2621 - 20 - LRB103 34222 SPS 64047 b
740	740
741	741
742	742	SB2621- 21 -LRB103 34222 SPS 64047 b SB2621 - 21 - LRB103 34222 SPS 64047 b
743	743	SB2621 - 21 - LRB103 34222 SPS 64047 b
744	744	1 the registering day and temporary labor service agencies are
745	745	2 exempt from inspection and copying under Section 7.5 of the
746	746	3 Freedom of Information Act.
747	747	4 (b) It is a violation of this Act to operate a day and
748	748	5 temporary labor service agency without first registering with
749	749	6 the Department in accordance with subsection (a) of this
750	750	7 Section. The Department shall create and maintain at regular
751	751	8 intervals on its website, accessible to the public: (1) a list
752	752	9 of all registered day and temporary labor service agencies in
753	753	10 the State whose registration is in good standing; (2) a list of
754	754	11 day and temporary labor service agencies in the State whose
755	755	12 registration has been suspended, including the reason for the
756	756	13 suspension, the date the suspension was initiated, and the
757	757	14 date, if known, the suspension is to be lifted; and (3) a list
758	758	15 of day and temporary labor service agencies in the State whose
759	759	16 registration has been revoked, including the reason for the
760	760	17 revocation and the date the registration was revoked. The
761	761	18 Department has the authority to assess a penalty against any
762	762	19 day and temporary labor service agency that fails to register
763	763	20 with the Department of Labor in accordance with this Act or any
764	764	21 rules adopted under this Act of $500 for each violation. Each
765	765	22 day during which a day and temporary labor service agency
766	766	23 operates without registering with the Department shall be a
767	767	24 separate and distinct violation of this Act.
768	768	25 (c) An applicant is not eligible to register to operate a
769	769	26 day and temporary labor service agency under this Act if the
770	770
771	771
772	772
773	773
774	774
775	775	SB2621 - 21 - LRB103 34222 SPS 64047 b
776	776
777	777
778	778	SB2621- 22 -LRB103 34222 SPS 64047 b SB2621 - 22 - LRB103 34222 SPS 64047 b
779	779	SB2621 - 22 - LRB103 34222 SPS 64047 b
780	780	1 applicant or any of its officers, directors, partners, or
781	781	2 managers or any owner of 25% or greater beneficial interest:
782	782	3 (1) has been involved, as owner, officer, director,
783	783	4 partner, or manager, of any day and temporary labor
784	784	5 service agency whose registration has been revoked or has
785	785	6 been suspended without being reinstated within the 5 years
786	786	7 immediately preceding the filing of the application; or
787	787	8 (2) is under the age of 18.
788	788	9 (d) Every agency shall post and keep posted at each
789	789	10 location, in a position easily accessible to all employees,
790	790	11 notices as supplied and required by the Department containing
791	791	12 a copy or summary of the provisions of the Act and a notice
792	792	13 which informs the public of a toll-free telephone number for
793	793	14 day or temporary laborers and the public to file wage dispute
794	794	15 complaints and other alleged violations by day and temporary
795	795	16 labor service agencies. Such notices shall be in English or
796	796	17 any other language generally understood in the locale of the
797	797	18 day and temporary labor service agency.
798	798	19 (e) This Section is effective on and after January 1,
799	799	20 2025.
800	800	21 (Source: P.A. 100-517, eff. 6-1-18.)
801	801	22 (820 ILCS 175/45a new)
802	802	23 Sec. 45a. Registration; Department of Labor.
803	803	24 (a) A day and temporary labor service agency which is
804	804	25 located, operates or transacts business within this State
805	805
806	806
807	807
808	808
809	809
810	810	SB2621 - 22 - LRB103 34222 SPS 64047 b
811	811
812	812
813	813	SB2621- 23 -LRB103 34222 SPS 64047 b SB2621 - 23 - LRB103 34222 SPS 64047 b
814	814	SB2621 - 23 - LRB103 34222 SPS 64047 b
815	815	1 shall register with the Department of Labor in accordance with
816	816	2 rules adopted by the Department for day and temporary labor
817	817	3 service agencies and shall be subject to this Act and any rules
818	818	4 adopted under this Act. Each day and temporary labor service
819	819	5 agency shall provide proof of an employer account number
820	820	6 issued by the Department of Employment Security for the
821	821	7 payment of unemployment insurance contributions as required
822	822	8 under the Unemployment Insurance Act, and proof of valid
823	823	9 workers' compensation insurance in effect at the time of
824	824	10 registration covering all of its employees. If, at any time, a
825	825	11 day and temporary labor service agency's workers' compensation
826	826	12 insurance coverage lapses, the agency shall have an
827	827	13 affirmative duty to report the lapse of such coverage to the
828	828	14 Department and the agency's registration shall be suspended
829	829	15 until the agency's workers' compensation insurance is
830	830	16 reinstated. The Department may assess each day and temporary
831	831	17 labor service agency a non-refundable registration fee not
832	832	18 exceeding $1,000 per year per agency and a non-refundable fee
833	833	19 not to exceed $250 for each branch office or other location
834	834	20 where the agency regularly contracts with day or temporary
835	835	21 laborers for services. The fee may be paid by check, money
836	836	22 order, or the State Treasurer's E-Pay program or any successor
837	837	23 program, and the Department may not refuse to accept a check on
838	838	24 the basis that it is not a certified check or a cashier's
839	839	25 check. The Department may charge an additional fee to be paid
840	840	26 by a day and temporary labor service agency if the agency, or
841	841
842	842
843	843
844	844
845	845
846	846	SB2621 - 23 - LRB103 34222 SPS 64047 b
847	847
848	848
849	849	SB2621- 24 -LRB103 34222 SPS 64047 b SB2621 - 24 - LRB103 34222 SPS 64047 b
850	850	SB2621 - 24 - LRB103 34222 SPS 64047 b
851	851	1 any person on the agency's behalf, issues or delivers a check
852	852	2 to the Department that is not honored by the financial
853	853	3 institution upon which it is drawn. The Department shall also
854	854	4 adopt rules for violation hearings and penalties for
855	855	5 violations of this Act or the Department's rules in
856	856	6 conjunction with the penalties set forth in this Act.
857	857	7 (a-1) At the time of registration with the Department of
858	858	8 Labor each year, the day and temporary labor service agency
859	859	9 shall submit to the Department of Labor a report containing
860	860	10 the information identified in paragraph (9) of subsection (a)
861	861	11 of Section 12, broken down by branch office, in the aggregate
862	862	12 for all day or temporary laborers assigned within Illinois and
863	863	13 subject to this Act during the preceding year. This
864	864	14 information shall be submitted on a form created by the
865	865	15 Department of Labor. The Department of Labor shall aggregate
866	866	16 the information submitted by all registering day and temporary
867	867	17 labor service agencies by removing identifying data and shall
868	868	18 have the information available to the public only on a
869	869	19 municipal and county basis. As used in this paragraph,
870	870	20 "identifying data" means any and all information that: (i)
871	871	21 provides specific information on individual worker identity;
872	872	22 (ii) identifies the service agency in any manner; and (iii)
873	873	23 identifies clients utilizing the day and temporary labor
874	874	24 service agency or any other information that can be traced
875	875	25 back to any specific registering day and temporary labor
876	876	26 service agency or its client. The information and reports
877	877
878	878
879	879
880	880
881	881
882	882	SB2621 - 24 - LRB103 34222 SPS 64047 b
883	883
884	884
885	885	SB2621- 25 -LRB103 34222 SPS 64047 b SB2621 - 25 - LRB103 34222 SPS 64047 b
886	886	SB2621 - 25 - LRB103 34222 SPS 64047 b
887	887	1 submitted to the Department of Labor under this subsection by
888	888	2 the registering day and temporary labor service agencies are
889	889	3 exempt from inspection and copying under Section 7.5 of the
890	890	4 Freedom of Information Act.
891	891	5 (b) It is a violation of this Act to operate a day and
892	892	6 temporary labor service agency without first registering with
893	893	7 the Department in accordance with subsection (a) of this
894	894	8 Section. The Department shall create and maintain at regular
895	895	9 intervals on its website, accessible to the public: (1) a list
896	896	10 of all registered day and temporary labor service agencies in
897	897	11 the State whose registration is in good standing; (2) a list of
898	898	12 day and temporary labor service agencies in the State whose
899	899	13 registration has been suspended, including the reason for the
900	900	14 suspension, the date the suspension was initiated, and the
901	901	15 date, if known, the suspension is to be lifted; and (3) a list
902	902	16 of day and temporary labor service agencies in the State whose
903	903	17 registration has been revoked, including the reason for the
904	904	18 revocation and the date the registration was revoked. The
905	905	19 Department has the authority to assess a penalty against any
906	906	20 day and temporary labor service agency that fails to register
907	907	21 with the Department of Labor in accordance with this Act or any
908	908	22 rules adopted under this Act of $500 for each violation. Each
909	909	23 day during which a day and temporary labor service agency
910	910	24 operates without registering with the Department shall be a
911	911	25 separate and distinct violation of this Act.
912	912	26 (c) An applicant is not eligible to register to operate a
913	913
914	914
915	915
916	916
917	917
918	918	SB2621 - 25 - LRB103 34222 SPS 64047 b
919	919
920	920
921	921	SB2621- 26 -LRB103 34222 SPS 64047 b SB2621 - 26 - LRB103 34222 SPS 64047 b
922	922	SB2621 - 26 - LRB103 34222 SPS 64047 b
923	923	1 day and temporary labor service agency under this Act if the
924	924	2 applicant or any of its officers, directors, partners, or
925	925	3 managers or any owner of 25% or greater beneficial interest:
926	926	4 (1) has been involved, as owner, officer, director,
927	927	5 partner, or manager, of any day and temporary labor
928	928	6 service agency whose registration has been revoked or has
929	929	7 been suspended without being reinstated within the 5 years
930	930	8 immediately preceding the filing of the application; or
931	931	9 (2) is under the age of 18.
932	932	10 (d) Every agency shall post and keep posted at each
933	933	11 location, in a position easily accessible to all employees,
934	934	12 notices as supplied and required by the Department containing
935	935	13 a copy or summary of the provisions of the Act and a notice
936	936	14 which informs the public of a toll-free telephone number for
937	937	15 day or temporary laborers and the public to file wage dispute
938	938	16 complaints and other alleged violations by day and temporary
939	939	17 labor service agencies. Such notices shall be in English or
940	940	18 any other language generally understood in the locale of the
941	941	19 day and temporary labor service agency.
942	942	20 (e) This Section is repealed on January 1, 2025.
943	943	21 (820 ILCS 175/50)
944	944	22 Sec. 50. Violations.
945	945	23 (a) The Department shall have the authority to deny,
946	946	24 suspend, or revoke the registration of a day and temporary
947	947	25 labor service agency if warranted by public health and safety
948	948
949	949
950	950
951	951
952	952
953	953	SB2621 - 26 - LRB103 34222 SPS 64047 b
954	954
955	955
956	956	SB2621- 27 -LRB103 34222 SPS 64047 b SB2621 - 27 - LRB103 34222 SPS 64047 b
957	957	SB2621 - 27 - LRB103 34222 SPS 64047 b
958	958	1 concerns or violations of this Act. The Attorney General,
959	959	2 pursuant to its authority under Section 6.3 of the Attorney
960	960	3 General Act, may request that a circuit court suspend or
961	961	4 revoke the registration of a day and temporary labor service
962	962	5 agency when warranted by public health concern or violations
963	963	6 of this Act. The Attorney General shall provide notice to the
964	964	7 Director prior to requesting the suspension or revocation of
965	965	8 the registration of a day and temporary labor service agency.
966	966	9 (b) This Section is effective on and after January 1,
967	967	10 2025.
968	968	11 (Source: P.A. 103-437, eff. 8-4-23.)
969	969	12 (820 ILCS 175/50a new)
970	970	13 Sec. 50a. Violations.
971	971	14 (a) The Department shall have the authority to deny,
972	972	15 suspend, or revoke the registration of a day and temporary
973	973	16 labor service agency if warranted by public health and safety
974	974	17 concerns or violations of this Act.
975	975	18 (b) This Section is repealed on January 1, 2025.
976	976	19 (820 ILCS 175/55)
977	977	20 Sec. 55. Enforcement by the Department.
978	978	21 (a) It shall be the duty of the Department to enforce the
979	979	22 provisions of this Act. The Department shall have the power to
980	980	23 conduct investigations in connection with the administration
981	981	24 and enforcement of this Act and any investigator with the
982	982
983	983
984	984
985	985
986	986
987	987	SB2621 - 27 - LRB103 34222 SPS 64047 b
988	988
989	989
990	990	SB2621- 28 -LRB103 34222 SPS 64047 b SB2621 - 28 - LRB103 34222 SPS 64047 b
991	991	SB2621 - 28 - LRB103 34222 SPS 64047 b
992	992	1 Department shall be authorized to visit and inspect, at all
993	993	2 reasonable times, any places covered by this Act and shall be
994	994	3 authorized to inspect, at all reasonable times, contracts for
995	995	4 the employment of all day or temporary laborers entered into
996	996	5 by a third party client if the Department has received a
997	997	6 complaint indicating that the third party client may have
998	998	7 contracted with a day and temporary labor service agency that
999	999	8 is not registered under this Act. The Department shall conduct
1000	1000	9 hearings in accordance with the Illinois Administrative
1001	1001	10 Procedure Act upon written complaint by an investigator of the
1002	1002	11 Department or any interested person of a violation of the Act.
1003	1003	12 After the hearing, if supported by the evidence, the
1004	1004	13 Department may (i) issue and cause to be served on any party an
1005	1005	14 order to cease and desist from further violation of the Act,
1006	1006	15 (ii) take affirmative or other action as deemed reasonable to
1007	1007	16 eliminate the effect of the violation, (iii) deny, suspend, or
1008	1008	17 revoke any registration under this Act, and (iv) determine the
1009	1009	18 amount of any civil penalty allowed by the Act. The Director of
1010	1010	19 Labor or his or her representative may compel, by subpoena,
1011	1011	20 the attendance and testimony of witnesses and the production
1012	1012	21 of books, payrolls, records, papers, and other evidence in any
1013	1013	22 investigation or hearing and may administer oaths to
1014	1014	23 witnesses. Nothing in this Act applies to labor or employment
1015	1015	24 of a clerical or professional nature.
1016	1016	25 (b) This Section is effective on and after January 1,
1017	1017	26 2025.
1018	1018
1019	1019
1020	1020
1021	1021
1022	1022
1023	1023	SB2621 - 28 - LRB103 34222 SPS 64047 b
1024	1024
1025	1025
1026	1026	SB2621- 29 -LRB103 34222 SPS 64047 b SB2621 - 29 - LRB103 34222 SPS 64047 b
1027	1027	SB2621 - 29 - LRB103 34222 SPS 64047 b
1028	1028	1 (Source: P.A. 103-437, eff. 8-4-23.)
1029	1029	2 (820 ILCS 175/55a new)
1030	1030	3 Sec. 55a. Enforcement.
1031	1031	4 (a) It shall be the duty of the Department to enforce the
1032	1032	5 provisions of this Act. The Department shall have the power to
1033	1033	6 conduct investigations in connection with the administration
1034	1034	7 and enforcement of this Act and any investigator with the
1035	1035	8 Department shall be authorized to visit and inspect, at all
1036	1036	9 reasonable times, any places covered by this Act and shall be
1037	1037	10 authorized to inspect, at all reasonable times, contracts for
1038	1038	11 the employment of all day or temporary laborers entered into
1039	1039	12 by a third party client if the Department has received a
1040	1040	13 complaint indicating that the third party client may have
1041	1041	14 contracted with a day and temporary labor service agency that
1042	1042	15 is not registered under this Act. The Department shall conduct
1043	1043	16 hearings in accordance with the Illinois Administrative
1044	1044	17 Procedure Act upon written complaint by an investigator of the
1045	1045	18 Department or any interested person of a violation of the Act.
1046	1046	19 After the hearing, if supported by the evidence, the
1047	1047	20 Department may (i) issue and cause to be served on any party an
1048	1048	21 order to cease and desist from further violation of the Act,
1049	1049	22 (ii) take affirmative or other action as deemed reasonable to
1050	1050	23 eliminate the effect of the violation, (iii) deny, suspend, or
1051	1051	24 revoke any registration under this Act, and (iv) determine the
1052	1052	25 amount of any civil penalty allowed by the Act. The Director of
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057
1058	1058	SB2621 - 29 - LRB103 34222 SPS 64047 b
1059	1059
1060	1060
1061	1061	SB2621- 30 -LRB103 34222 SPS 64047 b SB2621 - 30 - LRB103 34222 SPS 64047 b
1062	1062	SB2621 - 30 - LRB103 34222 SPS 64047 b
1063	1063	1 Labor or his or her representative may compel, by subpoena,
1064	1064	2 the attendance and testimony of witnesses and the production
1065	1065	3 of books, payrolls, records, papers, and other evidence in any
1066	1066	4 investigation or hearing and may administer oaths to
1067	1067	5 witnesses. Nothing in this Act applies to labor or employment
1068	1068	6 of a clerical or professional nature.
1069	1069	7 (b) This Section is repealed on January 1, 2025.
1070	1070	8 (820 ILCS 175/67)
1071	1071	9 Sec. 67. Action for civil penalties brought by an
1072	1072	10 interested party.
1073	1073	11 (a) Upon a reasonable belief that a day and temporary
1074	1074	12 labor service agency or a third party client covered by this
1075	1075	13 Act is in violation of any part of this Act, an interested
1076	1076	14 party may initiate a civil action in the county where the
1077	1077	15 alleged offenses occurred or where any party to the action
1078	1078	16 resides, asserting that a violation of the Act has occurred,
1079	1079	17 pursuant to the following sequence of events:
1080	1080	18 (1) The interested party submits to the Department of
1081	1081	19 Labor a complaint describing the violation and naming the
1082	1082	20 day or temporary labor service agency or third party
1083	1083	21 client alleged to have violated this Act.
1084	1084	22 (2) The Department sends notice of complaint to the
1085	1085	23 named parties alleged to have violated this Act and the
1086	1086	24 interested party. The named parties may either contest the
1087	1087	25 alleged violation or cure the alleged violation.
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093	SB2621 - 30 - LRB103 34222 SPS 64047 b
1094	1094
1095	1095
1096	1096	SB2621- 31 -LRB103 34222 SPS 64047 b SB2621 - 31 - LRB103 34222 SPS 64047 b
1097	1097	SB2621 - 31 - LRB103 34222 SPS 64047 b
1098	1098	1 (3) The named parties contest or cure the alleged
1099	1099	2 violation within 30 days after the receipt of the notice
1100	1100	3 of complaint or, if the named party does not respond
1101	1101	4 within 30 days, the Department issues a notice of right to
1102	1102	5 sue to the interested party as described in paragraph (4).
1103	1103	6 (4) The Department issues a notice of right to sue to
1104	1104	7 the interested party, if one or more of the following has
1105	1105	8 occurred:
1106	1106	9 (i) the named party has cured the alleged
1107	1107	10 violation to the satisfaction of the Director;
1108	1108	11 (ii) the Director has determined that the
1109	1109	12 allegation is unjustified or that the Department does
1110	1110	13 not have jurisdiction over the matter or the parties;
1111	1111	14 or
1112	1112	15 (iii) the Director has determined that the
1113	1113	16 allegation is justified or has not made a
1114	1114	17 determination, and either has decided not to exercise
1115	1115	18 jurisdiction over the matter or has concluded
1116	1116	19 administrative enforcement of the matter.
1117	1117	20 (b) If within 180 days after service of the notice of
1118	1118	21 complaint to the parties, the Department has not (i) resolved
1119	1119	22 the contest and cure period, (ii) with the mutual agreement of
1120	1120	23 the parties, extended the time for the named party to cure the
1121	1121	24 violation and resolve the complaint, or (iii) issued a right
1122	1122	25 to sue letter, the interested party may initiate a civil
1123	1123	26 action for penalties. The parties may extend the 180-day
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128
1129	1129	SB2621 - 31 - LRB103 34222 SPS 64047 b
1130	1130
1131	1131
1132	1132	SB2621- 32 -LRB103 34222 SPS 64047 b SB2621 - 32 - LRB103 34222 SPS 64047 b
1133	1133	SB2621 - 32 - LRB103 34222 SPS 64047 b
1134	1134	1 period by mutual agreement. The limitations period for the
1135	1135	2 interested party to bring an action for the alleged violation
1136	1136	3 of the Act shall be tolled for the 180-day period and for the
1137	1137	4 period of any mutually agreed extensions. At the end of the
1138	1138	5 180-day period, or any mutually agreed extensions, the
1139	1139	6 Department shall issue a right to sue letter to the interested
1140	1140	7 party.
1141	1141	8 (c) Any claim or action filed under this Section must be
1142	1142	9 made within 3 years of the alleged conduct resulting in the
1143	1143	10 complaint plus any period for which the limitations period has
1144	1144	11 been tolled.
1145	1145	12 (d) In an action brought pursuant to this Section, an
1146	1146	13 interested party may recover against the covered entity any
1147	1147	14 statutory penalties set forth in Section 70 and injunctive
1148	1148	15 relief. An interested party who prevails in a civil action
1149	1149	16 shall receive 10% of any statutory penalties assessed, plus
1150	1150	17 any attorneys' fees and expenses in bringing the action. The
1151	1151	18 remaining 90% of any statutory penalties assessed shall be
1152	1152	19 deposited into the Child Labor and Day and Temporary Labor
1153	1153	20 Services Enforcement Fund and shall be used exclusively for
1154	1154	21 the purposes set forth in Section 17.3 of the Child Labor Law.
1155	1155	22 (e) This Section is effective on and after January 1,
1156	1156	23 2025.
1157	1157	24 (Source: P.A. 103-437, eff. 8-4-23.)
1158	1158	25 (820 ILCS 175/70)
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163
1164	1164	SB2621 - 32 - LRB103 34222 SPS 64047 b
1165	1165
1166	1166
1167	1167	SB2621- 33 -LRB103 34222 SPS 64047 b SB2621 - 33 - LRB103 34222 SPS 64047 b
1168	1168	SB2621 - 33 - LRB103 34222 SPS 64047 b
1169	1169	1 Sec. 70. Penalties.
1170	1170	2 (a) A day and temporary labor service agency or third
1171	1171	3 party client that violates any of the provisions of this Act or
1172	1172	4 any rule adopted under this Act shall be subject to a civil
1173	1173	5 penalty of not less than $100 and not more than $18,000 for
1174	1174	6 violations found in the first audit by the Department or
1175	1175	7 determined by a court in a civil action brought by an
1176	1176	8 interested party, or determined by a court in a civil action
1177	1177	9 brought by the Attorney General pursuant to its authority
1178	1178	10 under Section 6.3 of the Attorney General Act. Following a
1179	1179	11 first audit or civil action, a day and temporary labor service
1180	1180	12 agency or third party client shall be subject to a civil
1181	1181	13 penalty of not less than $250 and not more than $7,500 for each
1182	1182	14 repeat violation found by the Department or circuit court
1183	1183	15 within 3 years. For purposes of this subsection, each
1184	1184	16 violation of this Act for each day or temporary laborer and for
1185	1185	17 each day the violation continues shall constitute a separate
1186	1186	18 and distinct violation. In determining the amount of a
1187	1187	19 penalty, the Director or circuit court shall consider the
1188	1188	20 appropriateness of the penalty to the day and temporary labor
1189	1189	21 service agency or third party client charged, upon the
1190	1190	22 determination of the gravity of the violations. For any
1191	1191	23 violation determined by the Department or circuit court to be
1192	1192	24 willful which is within 3 years of an earlier violation, the
1193	1193	25 Department may revoke the registration of the violator, if the
1194	1194	26 violator is a day and temporary labor service agency. The
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199
1200	1200	SB2621 - 33 - LRB103 34222 SPS 64047 b
1201	1201
1202	1202
1203	1203	SB2621- 34 -LRB103 34222 SPS 64047 b SB2621 - 34 - LRB103 34222 SPS 64047 b
1204	1204	SB2621 - 34 - LRB103 34222 SPS 64047 b
1205	1205	1 amount of the penalty, when finally determined, may be:
1206	1206	2 (1) Recovered in a civil action brought by the
1207	1207	3 Director of Labor in any circuit court. In this
1208	1208	4 litigation, the Director of Labor shall be represented by
1209	1209	5 the Attorney General.
1210	1210	6 (2) Ordered by the court, in an action brought by any
1211	1211	7 party, including the Attorney General pursuant to its
1212	1212	8 authority under Section 6.3 of the Attorney General Act,
1213	1213	9 for a violation under this Act, to be paid to the Director
1214	1214	10 of Labor.
1215	1215	11 (b) The Department shall adopt rules for violation
1216	1216	12 hearings and penalties for violations of this Act or the
1217	1217	13 Department's rules in conjunction with the penalties set forth
1218	1218	14 in this Act.
1219	1219	15 Any administrative determination by the Department as to
1220	1220	16 the amount of each penalty shall be final unless reviewed as
1221	1221	17 provided in Section 60 of this Act.
1222	1222	18 (c) This Section is effective on and after January 1,
1223	1223	19 2025.
1224	1224	20 (Source: P.A. 103-437, eff. 8-4-23.)
1225	1225	21 (820 ILCS 175/70a new)
1226	1226	22 Sec. 70a. Penalties.
1227	1227	23 (a) A day and temporary labor service agency or third
1228	1228	24 party client that violates any of the provisions of this Act or
1229	1229	25 any rule adopted under this Act shall be subject to a civil
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	SB2621 - 34 - LRB103 34222 SPS 64047 b
1236	1236
1237	1237
1238	1238	SB2621- 35 -LRB103 34222 SPS 64047 b SB2621 - 35 - LRB103 34222 SPS 64047 b
1239	1239	SB2621 - 35 - LRB103 34222 SPS 64047 b
1240	1240	1 penalty not to exceed $6,000 for violations found in the first
1241	1241	2 audit by the Department. Following a first audit, a day and
1242	1242	3 temporary labor service agency or third party client shall be
1243	1243	4 subject to a civil penalty not to exceed $2,500 for each repeat
1244	1244	5 violation found by the Department within 3 years. For purposes
1245	1245	6 of this subsection, each violation of this Act for each day or
1246	1246	7 temporary laborer and for each day the violation continues
1247	1247	8 shall constitute a separate and distinct violation. In
1248	1248	9 determining the amount of a penalty, the Director shall
1249	1249	10 consider the appropriateness of the penalty to the day and
1250	1250	11 temporary labor service agency or third party client charged,
1251	1251	12 upon the determination of the gravity of the violations. For
1252	1252	13 any violation determined by the Department to be willful which
1253	1253	14 is within 3 years of an earlier violation, the Department may
1254	1254	15 revoke the registration of the violator, if the violator is a
1255	1255	16 day and temporary labor service agency. The amount of the
1256	1256	17 penalty, when finally determined, may be:
1257	1257	18 (1) Recovered in a civil action brought by the
1258	1258	19 Director of Labor in any circuit court. In this
1259	1259	20 litigation, the Director of Labor shall be represented by
1260	1260	21 the Attorney General.
1261	1261	22 (2) Ordered by the court, in an action brought by any
1262	1262	23 party for a violation under this Act, to be paid to the
1263	1263	24 Director of Labor.
1264	1264	25 (b) The Department shall adopt rules for violation
1265	1265	26 hearings and penalties for violations of this Act or the
1266	1266
1267	1267
1268	1268
1269	1269
1270	1270
1271	1271	SB2621 - 35 - LRB103 34222 SPS 64047 b
1272	1272
1273	1273
1274	1274	SB2621- 36 -LRB103 34222 SPS 64047 b SB2621 - 36 - LRB103 34222 SPS 64047 b
1275	1275	SB2621 - 36 - LRB103 34222 SPS 64047 b
1276	1276	1 Department's rules in conjunction with the penalties set forth
1277	1277	2 in this Act.
1278	1278	3 (c) This Section is repealed on January 1, 2025.
1279	1279	4 (820 ILCS 175/85)
1280	1280	5 Sec. 85. Third party clients.
1281	1281	6 (a) It is a violation of this Act for a third party client
1282	1282	7 to enter into a contract for the employment of day or temporary
1283	1283	8 laborers with any day and temporary labor service agency not
1284	1284	9 registered under Section 45 of this Act. A third party client
1285	1285	10 has a duty to verify a day and temporary labor service agency's
1286	1286	11 status with the Department before entering into a contract
1287	1287	12 with such an agency, and on March 1 and September 1 of each
1288	1288	13 year. A day and temporary labor service agency shall be
1289	1289	14 required to provide each of its third party clients with proof
1290	1290	15 of valid registration issued by the Department at the time of
1291	1291	16 entering into a contract. A day and temporary labor service
1292	1292	17 agency shall be required to notify, both by telephone and in
1293	1293	18 writing, each day or temporary laborer it employs and each
1294	1294	19 third party client with whom it has a contract within 24 hours
1295	1295	20 of any denial, suspension, or revocation of its registration
1296	1296	21 by the Department. All contracts between any day and temporary
1297	1297	22 labor service agency and any third party client shall be
1298	1298	23 considered null and void from the date any such denial,
1299	1299	24 suspension, or revocation of registration becomes effective
1300	1300	25 and until such time as the day and temporary labor service
1301	1301
1302	1302
1303	1303
1304	1304
1305	1305
1306	1306	SB2621 - 36 - LRB103 34222 SPS 64047 b
1307	1307
1308	1308
1309	1309	SB2621- 37 -LRB103 34222 SPS 64047 b SB2621 - 37 - LRB103 34222 SPS 64047 b
1310	1310	SB2621 - 37 - LRB103 34222 SPS 64047 b
1311	1311	1 agency becomes registered and considered in good standing by
1312	1312	2 the Department as provided in Section 50 and Section 55. Upon
1313	1313	3 request, the Department shall provide to a third party client
1314	1314	4 a list of entities registered as day and temporary labor
1315	1315	5 service agencies. The Department shall provide on the Internet
1316	1316	6 a list of entities registered as day and temporary labor
1317	1317	7 service agencies. A third party client may rely on information
1318	1318	8 provided by the Department or maintained on the Department's
1319	1319	9 website pursuant to Section 45 of this Act and shall be held
1320	1320	10 harmless if such information maintained or provided by the
1321	1321	11 Department was inaccurate. Any third party client that
1322	1322	12 violates this provision of the Act is subject to a civil
1323	1323	13 penalty of not less than $100 and not to exceed $1,500. Each
1324	1324	14 day during which a third party client contracts with a day and
1325	1325	15 temporary labor service agency not registered under Section 45
1326	1326	16 of this Act shall constitute a separate and distinct offense.
1327	1327	17 (b) If a third party client leases or contracts with a day
1328	1328	18 and temporary service agency for the services of a day or
1329	1329	19 temporary laborer, the third party client shall share all
1330	1330	20 legal responsibility and liability for the payment of wages
1331	1331	21 under the Illinois Wage Payment and Collection Act and the
1332	1332	22 Minimum Wage Law.
1333	1333	23 (c) Before the assignment of an employee to a worksite
1334	1334	24 employer, a day and temporary labor service agency must notify
1335	1335	25 a day or temporary laborer of any safety and health training
1336	1336	26 that the day and temporary labor service agency or the third
1337	1337
1338	1338
1339	1339
1340	1340
1341	1341
1342	1342	SB2621 - 37 - LRB103 34222 SPS 64047 b
1343	1343
1344	1344
1345	1345	SB2621- 38 -LRB103 34222 SPS 64047 b SB2621 - 38 - LRB103 34222 SPS 64047 b
1346	1346	SB2621 - 38 - LRB103 34222 SPS 64047 b
1347	1347	1 party client are responsible for providing to the day or
1348	1348	2 temporary laborer, including any training required by the
1349	1349	3 Occupational Health and Safety Administration. :
1350	1350	4 (1) inquire about the client company's safety and
1351	1351	5 health practices and hazards at the actual workplace where
1352	1352	6 the day or temporary laborer will be working to assess the
1353	1353	7 safety conditions, workers tasks, and the client company's
1354	1354	8 safety program; these activities are required at the start
1355	1355	9 of any contract to place day or temporary laborers and may
1356	1356	10 include visiting the client company's actual worksite. If,
1357	1357	11 during the inquiry or anytime during the period of the
1358	1358	12 contract, the day and temporary labor service agency
1359	1359	13 becomes aware of existing job hazards that are not
1360	1360	14 mitigated by the client company, the day and temporary
1361	1361	15 labor service agency must make the client company aware,
1362	1362	16 urge the client company to correct it, and document these
1363	1363	17 efforts, otherwise the day and temporary labor service
1364	1364	18 agency must remove the day or temporary laborers from the
1365	1365	19 client company's worksite;
1366	1366	20 (2) provide training to the day or temporary laborer
1367	1367	21 for general awareness safety training for recognized
1368	1368	22 industry hazards the day or temporary laborer may
1369	1369	23 encounter at the client company's worksite. Industry
1370	1370	24 hazard training must be completed, in the preferred
1371	1371	25 language of the day or temporary laborer, and must be
1372	1372	26 provided at no expense to the day or temporary laborer.
1373	1373
1374	1374
1375	1375
1376	1376
1377	1377
1378	1378	SB2621 - 38 - LRB103 34222 SPS 64047 b
1379	1379
1380	1380
1381	1381	SB2621- 39 -LRB103 34222 SPS 64047 b SB2621 - 39 - LRB103 34222 SPS 64047 b
1382	1382	SB2621 - 39 - LRB103 34222 SPS 64047 b
1383	1383	1 The training date and training content must be maintained
1384	1384	2 by the day and temporary staffing agency and provided to
1385	1385	3 the day or temporary laborer;
1386	1386	4 (3) transmit a general description of the training
1387	1387	5 program including topics covered to the client company,
1388	1388	6 whether electronically or on paper, at the start of the
1389	1389	7 contract with the client company;
1390	1390	8 (4) provide the Department's hotline number for the
1391	1391	9 employee to call to report safety hazards and concerns as
1392	1392	10 part of the employment materials provided to the day or
1393	1393	11 temporary laborer; and
1394	1394	12 (5) inform the day or temporary laborer who the day or
1395	1395	13 temporary laborer should report safety concerns to at the
1396	1396	14 workplace.
1397	1397	15 Nothing in this Section shall diminish any existing client
1398	1398	16 company or a day and temporary labor service agency's
1399	1399	17 responsibility as an employer to provide a place of employment
1400	1400	18 free from recognized hazards or to otherwise comply with other
1401	1401	19 health and safety or employment laws. The client company and
1402	1402	20 the day and temporary labor service agency are responsible for
1403	1403	21 compliance with this Section and the rules adopted under this
1404	1404	22 Section.
1405	1405	23 (d) Before the day or temporary laborer engages in work
1406	1406	24 for a client company, the client company must:
1407	1407	25 (1) document and inform the day and temporary labor
1408	1408	26 service agency about anticipated job hazards likely
1409	1409
1410	1410
1411	1411
1412	1412
1413	1413
1414	1414	SB2621 - 39 - LRB103 34222 SPS 64047 b
1415	1415
1416	1416
1417	1417	SB2621- 40 -LRB103 34222 SPS 64047 b SB2621 - 40 - LRB103 34222 SPS 64047 b
1418	1418	SB2621 - 40 - LRB103 34222 SPS 64047 b
1419	1419	1 encountered by the day or temporary laborer;
1420	1420	2 (2) review the safety and health awareness training
1421	1421	3 provided by the day and temporary labor service agency to
1422	1422	4 determine if it addresses recognized hazards for the
1423	1423	5 client company's industry;
1424	1424	6 (3) provide specific training tailored to the
1425	1425	7 particular hazards at the client company's worksite; and
1426	1426	8 (4) document and maintain records of site-specific
1427	1427	9 training and provide confirmation that the training
1428	1428	10 occurred to the day and temporary labor service agency
1429	1429	11 within 3 business days of providing the training.
1430	1430	12 (e) If the client company changes the job tasks or work
1431	1431	13 location and new hazards may be encountered, the client
1432	1432	14 company must:
1433	1433	15 (1) inform both the day and temporary labor service
1434	1434	16 agency and the day or temporary laborer; and
1435	1435	17 (2) inform both the day and temporary labor service
1436	1436	18 agency staffing agency and the day or temporary laborer of
1437	1437	19 job hazards not previously covered before the day or
1438	1438	20 temporary laborer undertakes the new tasks and update
1439	1439	21 personal protective equipment and training for the new job
1440	1440	22 tasks, if necessary.
1441	1441	23 (f) A day and temporary labor service agency or day or
1442	1442	24 temporary laborer may refuse a new job task at the worksite
1443	1443	25 when the task has not been reviewed or if the day or temporary
1444	1444	26 laborer has not had appropriate training to do the new task.
1445	1445
1446	1446
1447	1447
1448	1448
1449	1449
1450	1450	SB2621 - 40 - LRB103 34222 SPS 64047 b
1451	1451
1452	1452
1453	1453	SB2621- 41 -LRB103 34222 SPS 64047 b SB2621 - 41 - LRB103 34222 SPS 64047 b
1454	1454	SB2621 - 41 - LRB103 34222 SPS 64047 b
1455	1455	1 (g) A client company that supervises a day or temporary
1456	1456	2 laborer must provide worksite specific training to the day or
1457	1457	3 temporary laborer and must allow a day and temporary labor
1458	1458	4 service agency to visit any worksite where the day or
1459	1459	5 temporary laborer works or will be working to observe and
1460	1460	6 confirm the client company's training and information related
1461	1461	7 to the worksite's job tasks, safety and health practices, and
1462	1462	8 hazards.
1463	1463	9 (h) This Section is effective on and after January 1,
1464	1464	10 2025.
1465	1465	11 (Source: P.A. 103-437, eff. 8-4-23.)
1466	1466	12 (820 ILCS 175/85a new)
1467	1467	13 Sec. 85a. Third party clients.
1468	1468	14 (a) It is a violation of this Act for a third party client
1469	1469	15 to enter into a contract for the employment of day or temporary
1470	1470	16 laborers with any day and temporary labor service agency not
1471	1471	17 registered under Section 45 of this Act. A third party client
1472	1472	18 has a duty to verify a day and temporary labor service agency's
1473	1473	19 status with the Department before entering into a contract
1474	1474	20 with such an agency, and on March 1 and September 1 of each
1475	1475	21 year. A day and temporary labor service agency shall be
1476	1476	22 required to provide each of its third party clients with proof
1477	1477	23 of valid registration issued by the Department at the time of
1478	1478	24 entering into a contract. A day and temporary labor service
1479	1479	25 agency shall be required to notify, both by telephone and in
1480	1480
1481	1481
1482	1482
1483	1483
1484	1484
1485	1485	SB2621 - 41 - LRB103 34222 SPS 64047 b
1486	1486
1487	1487
1488	1488	SB2621- 42 -LRB103 34222 SPS 64047 b SB2621 - 42 - LRB103 34222 SPS 64047 b
1489	1489	SB2621 - 42 - LRB103 34222 SPS 64047 b
1490	1490	1 writing, each day or temporary laborer it employs and each
1491	1491	2 third party client with whom it has a contract within 24 hours
1492	1492	3 of any denial, suspension, or revocation of its registration
1493	1493	4 by the Department. All contracts between any day and temporary
1494	1494	5 labor service agency and any third party client shall be
1495	1495	6 considered null and void from the date any such denial,
1496	1496	7 suspension, or revocation of registration becomes effective
1497	1497	8 and until such time as the day and temporary labor service
1498	1498	9 agency becomes registered and considered in good standing by
1499	1499	10 the Department as provided in Section 50 and Section 55. Upon
1500	1500	11 request, the Department shall provide to a third party client
1501	1501	12 a list of entities registered as day and temporary labor
1502	1502	13 service agencies. The Department shall provide on the Internet
1503	1503	14 a list of entities registered as day and temporary labor
1504	1504	15 service agencies. A third party client may rely on information
1505	1505	16 provided by the Department or maintained on the Department's
1506	1506	17 website pursuant to Section 45 of this Act and shall be held
1507	1507	18 harmless if such information maintained or provided by the
1508	1508	19 Department was inaccurate. Any third party client that
1509	1509	20 violates this provision of the Act is subject to a civil
1510	1510	21 penalty not to exceed $500. Each day during which a third party
1511	1511	22 client contracts with a day and temporary labor service agency
1512	1512	23 not registered under Section 45 of this Act shall constitute a
1513	1513	24 separate and distinct offense.
1514	1514	25 (b) If a third party client leases or contracts with a day
1515	1515	26 and temporary service agency for the services of a day or
1516	1516
1517	1517
1518	1518
1519	1519
1520	1520
1521	1521	SB2621 - 42 - LRB103 34222 SPS 64047 b
1522	1522
1523	1523
1524	1524	SB2621- 43 -LRB103 34222 SPS 64047 b SB2621 - 43 - LRB103 34222 SPS 64047 b
1525	1525	SB2621 - 43 - LRB103 34222 SPS 64047 b
1526	1526	1 temporary laborer, the third party client shall share all
1527	1527	2 legal responsibility and liability for the payment of wages
1528	1528	3 under the Illinois Wage Payment and Collection Act and the
1529	1529	4 Minimum Wage Law.
1530	1530	5 (c) This Section is repealed on January 1, 2025.
1531	1531	6 Section 99. Effective date. This Act takes effect upon
1532	1532	7 becoming law.
1533	1533	SB2621- 44 -LRB103 34222 SPS 64047 b 1 INDEX 2 Statutes amended in order of appearance SB2621- 44 -LRB103 34222 SPS 64047 b SB2621 - 44 - LRB103 34222 SPS 64047 b 1 INDEX 2 Statutes amended in order of appearance
1534	1534	SB2621- 44 -LRB103 34222 SPS 64047 b SB2621 - 44 - LRB103 34222 SPS 64047 b
1535	1535	SB2621 - 44 - LRB103 34222 SPS 64047 b
1536	1536	1 INDEX
1537	1537	2 Statutes amended in order of appearance
1538	1538
1539	1539
1540	1540
1541	1541
1542	1542
1543	1543	SB2621 - 43 - LRB103 34222 SPS 64047 b
1544	1544
1545	1545
1546	1546
1547	1547	SB2621- 44 -LRB103 34222 SPS 64047 b SB2621 - 44 - LRB103 34222 SPS 64047 b
1548	1548	SB2621 - 44 - LRB103 34222 SPS 64047 b
1549	1549	1 INDEX
1550	1550	2 Statutes amended in order of appearance
1551	1551
1552	1552
1553	1553
1554	1554
1555	1555
1556	1556	SB2621 - 44 - LRB103 34222 SPS 64047 b