Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3650 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-1030
2	1		SB3650 EnrolledLRB103 38728 SPS 68865 b SB3650 Enrolled LRB103 38728 SPS 68865 b
3	2		SB3650 Enrolled LRB103 38728 SPS 68865 b
4		-	AN ACT concerning employment.
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 5, 10, 11, 42, 45, 55, and 85 and
9		-	by adding Section 43 as follows:
10		-	(820 ILCS 175/5)
11		-	Sec. 5. Definitions. As used in this Act:
12		-	"Applicant" means a natural person who seeks a work
13		-	assignment at a day and temporary labor service agency.
14		-	"Day or temporary laborer" means a natural person who
15		-	contracts for employment with a day and temporary labor
16		-	service agency.
17		-	"Day and temporary labor" means work performed by a day or
18		-	temporary laborer at a third party client, the duration of
19		-	which may be specific or undefined, pursuant to a contract or
20		-	understanding between the day and temporary labor service
21		-	agency and the third party client. "Day and temporary labor"
22		-	does not include labor or employment of a professional or
23		-	clerical nature.
24		-	"Day and temporary labor service agency" means any person
25		-	or entity engaged in the business of employing day or
26		-	temporary laborers to provide services, for a fee, to or for
	3	+	1 AN ACT concerning employment.
	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 5, 10, 11, 42, 45, 55, and 85 and
	8	+	6 by adding Section 43 as follows:
	9	+	7 (820 ILCS 175/5)
	10	+	8 Sec. 5. Definitions. As used in this Act:
	11	+	9 "Applicant" means a natural person who seeks a work
	12	+	10 assignment at a day and temporary labor service agency.
	13	+	11 "Day or temporary laborer" means a natural person who
	14	+	12 contracts for employment with a day and temporary labor
	15	+	13 service agency.
	16	+	14 "Day and temporary labor" means work performed by a day or
	17	+	15 temporary laborer at a third party client, the duration of
	18	+	16 which may be specific or undefined, pursuant to a contract or
	19	+	17 understanding between the day and temporary labor service
	20	+	18 agency and the third party client. "Day and temporary labor"
	21	+	19 does not include labor or employment of a professional or
	22	+	20 clerical nature.
	23	+	21 "Day and temporary labor service agency" means any person
	24	+	22 or entity engaged in the business of employing day or
	25	+	23 temporary laborers to provide services, for a fee, to or for
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33		-	any third party client pursuant to a contract with the day and
34		-	temporary labor service agency and the third party client.
35		-	"Department" means the Department of Labor.
36		-	"Interested party" means an organization that monitors or
37		-	is attentive to compliance with public or worker safety laws,
38		-	wage and hour requirements, or other statutory requirements.
39		-	"Labor dispute" means any controversy concerning wages,
40		-	hours, terms, or conditions of employment.
41		-	"Third party client" means any person that contracts with
42		-	a day and temporary labor service agency for obtaining day or
43		-	temporary laborers.
44		-	"Person" means every natural person, firm, partnership,
45		-	co-partnership, limited liability company, corporation,
46		-	association, business trust, or other legal entity, or its
47		-	legal representatives, agents, or assigns.
48		-	(Source: P.A. 103-437, eff. 8-4-23.)
49		-	(820 ILCS 175/10)
50		-	Sec. 10. Employment notice and application receipt.
51		-	Notice.
52		-	(a) Employment notice. Whenever a day and temporary labor
53		-	service agency agrees to send one or more persons to work as
54		-	day or temporary laborers, the day and temporary labor service
55		-	agency shall provide to each day or temporary laborer, at the
56		-	time of dispatch, a statement containing the following items
57		-	on a form approved by the Department:
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	34	+	1 any third party client pursuant to a contract with the day and
	35	+	2 temporary labor service agency and the third party client.
	36	+	3 "Department" means the Department of Labor.
	37	+	4 "Interested party" means an organization that monitors or
	38	+	5 is attentive to compliance with public or worker safety laws,
	39	+	6 wage and hour requirements, or other statutory requirements.
	40	+	7 "Labor dispute" means any controversy concerning wages,
	41	+	8 hours, terms, or conditions of employment.
	42	+	9 "Third party client" means any person that contracts with
	43	+	10 a day and temporary labor service agency for obtaining day or
	44	+	11 temporary laborers.
	45	+	12 "Person" means every natural person, firm, partnership,
	46	+	13 co-partnership, limited liability company, corporation,
	47	+	14 association, business trust, or other legal entity, or its
	48	+	15 legal representatives, agents, or assigns.
	49	+	16 (Source: P.A. 103-437, eff. 8-4-23.)
	50	+	17 (820 ILCS 175/10)
	51	+	18 Sec. 10. Employment notice and application receipt.
	52	+	19 Notice.
	53	+	20 (a) Employment notice. Whenever a day and temporary labor
	54	+	21 service agency agrees to send one or more persons to work as
	55	+	22 day or temporary laborers, the day and temporary labor service
	56	+	23 agency shall provide to each day or temporary laborer, at the
	57	+	24 time of dispatch, a statement containing the following items
	58	+	25 on a form approved by the Department:
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59	60
60		-	(1) the name of the day or temporary laborer;
61		-	(2) the name and nature of the work to be performed,
62		-	including a list of basic job duties, and the types of
63		-	equipment, protective clothing, and training that are
64		-	required for the task;
65		-	(3) the wages offered;
66		-	(4) the name and address, including county, of the
67		-	destination of each day or temporary laborer;
68		-	(5) terms of transportation; and
69		-	(6) whether a meal or equipment, or both, are
70		-	provided, either by the day and temporary labor service
71		-	agency or the third party client, and the cost of the meal
72		-	and equipment, if any; and .
73		-	(7) for a day or temporary laborer entitled to the pay
74		-	requirements described in Section 42, either:
75		-	(A) the seniority and hourly wage of the
76		-	comparator being used to determine the wage if the
77		-	wage is determined under paragraph (1) of subsection
78		-	(a) of Section 42; or
79		-	(B) the standard occupational classification used
80		-	if the wage is determined under paragraph (2) of
81		-	subsection (a) of Section 42.
82		-	If a day or temporary laborer is assigned to the same
83		-	assignment for more than one day, the day and temporary labor
84		-	service agency is required to provide the employment notice
85		-	only on the first day of the assignment and on any day that any
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87	62
88		-	of the terms listed on the employment notice are changed.
89		-	If the day or temporary laborer is not placed with a third
90		-	party client or otherwise contracted to work for that day, the
91		-	day and temporary labor service agency shall, upon request,
92		-	provide the day and temporary laborer with a confirmation that
93		-	the day or temporary laborer sought work, signed by an
94		-	employee of the day and temporary labor service agency, which
95		-	shall include the name of the agency, the name and address of
96		-	the day or temporary laborer, and the date and the time that
97		-	the day or temporary laborer receives the confirmation.
98		-	(b) (Blank). No day and temporary labor service agency
99		-	may send any day or temporary laborer to any place where a
100		-	strike, a lockout, or other labor trouble exists.
101		-	(b-5) Application receipt. If an applicant seeks a work
102		-	assignment as a day or temporary laborer with a day and
103		-	temporary labor service agency, including in-person, online,
104		-	or through an app-based system, and is not placed with a third
105		-	party client or otherwise contracted to work for that day by
106		-	the day and temporary labor service agency, the day and
107		-	temporary labor service agency shall provide the applicant
108		-	with a confirmation that the applicant sought work, signed by
109		-	an employee of the day and temporary labor service agency, on a
110		-	form approved by the Department, that shall include:
111		-	(1) the name and location of the day and temporary
112		-	labor service agency and branch office;
113		-	(2) the name and address of the applicant;
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116		-	(3) the date and the time that the applicant sought
117		-	the work assignment;
118		-	(4) the manner in which the applicant sought the work
119		-	assignment; and
120		-	(5) the specific work sites or type of jobs sought by
121		-	the applicant, if applicable.
122		-	(c) The Department shall recommend to day and temporary
123		-	labor service agencies that those agencies employ personnel
124		-	who can effectively communicate information required in
125		-	subsections (a) and (b-5) (b) to day or temporary laborers in
126		-	Spanish, Polish, or any other language that is generally
127		-	understood in the locale of the day and temporary labor
128		-	service agency.
129		-	(Source: P.A. 99-78, eff. 7-20-15; 100-517, eff. 6-1-18.)
130		-	(820 ILCS 175/11)
131		-	Sec. 11. Right to refuse assignment to a labor dispute.
132		-	(a) No day and temporary labor service agency may send a
133		-	day or temporary laborer to a place where a strike, a lockout,
134		-	or work stoppage other labor trouble exists because of a labor
135		-	dispute or where a picket, bannering, or handbilling exists
136		-	because of a labor dispute without providing, at or before the
137		-	time of dispatch, a statement, in writing and in a language
138		-	that the day and temporary laborer understands, informing the
139		-	day or temporary laborer of the labor dispute and the day or
140		-	temporary laborer's right to refuse the assignment without
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	69	+	1 (1) the name of the day or temporary laborer;
	70	+	2 (2) the name and nature of the work to be performed,
	71	+	3 including a list of basic job duties, and the types of
	72	+	4 equipment, protective clothing, and training that are
	73	+	5 required for the task;
	74	+	6 (3) the wages offered;
	75	+	7 (4) the name and address, including county, of the
	76	+	8 destination of each day or temporary laborer;
	77	+	9 (5) terms of transportation; and
	78	+	10 (6) whether a meal or equipment, or both, are
	79	+	11 provided, either by the day and temporary labor service
	80	+	12 agency or the third party client, and the cost of the meal
	81	+	13 and equipment, if any; and .
	82	+	14 (7) for a day or temporary laborer entitled to the pay
	83	+	15 requirements described in Section 42, either:
	84	+	16 (A) the seniority and hourly wage of the
	85	+	17 comparator being used to determine the wage if the
	86	+	18 wage is determined under paragraph (1) of subsection
	87	+	19 (a) of Section 42; or
	88	+	20 (B) the standard occupational classification used
	89	+	21 if the wage is determined under paragraph (2) of
	90	+	22 subsection (a) of Section 42.
	91	+	23 If a day or temporary laborer is assigned to the same
	92	+	24 assignment for more than one day, the day and temporary labor
	93	+	25 service agency is required to provide the employment notice
	94	+	26 only on the first day of the assignment and on any day that any
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143		-	prejudice to receiving another assignment.
144		-	(b) The failure by a day and temporary labor service
145		-	agency to provide any of the information required by this
146		-	Section shall constitute a notice violation under Section 95.
147		-	The failure of a day and temporary labor service agency to
148		-	provide each piece of information required by this Section at
149		-	each time it is required by this Section shall constitute a
150		-	separate and distinct notice violation. If a day and temporary
151		-	labor service agency claims that it has provided a notice as
152		-	required under this Section electronically, the day and
153		-	temporary labor service agency shall bear the burden of
154		-	showing that the notice was provided if there is a dispute.
155		-	(Source: P.A. 103-437, eff. 8-4-23.)
156		-	(820 ILCS 175/42)
157		-	Sec. 42. Equal pay for equal work.
158		-	(a) A day and temporary labor service agency shall pay a A
159		-	day or temporary laborer who is assigned to work and performs
160		-	work at the same a third party client for more than 720 hours
161		-	within a 12-month period, beginning on or after April 1, 2024,
162		-	in accordance with one of the following methods: 90 calendar
163		-	days shall be paid not less than the rate of pay and equivalent
164		-	benefits as the lowest paid
165		-	(1) Third party client employee compensation as a
166		-	basis for compensation. The day or temporary laborer shall
167		-	be paid as follows:
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170		-	(A) if there is a directly hired comparator
171		-	employee of the third party client with the same or
172		-	substantially similar level of seniority at the
173		-	company and performing the same or substantially
174		-	similar work on jobs the performance of which requires
175		-	substantially similar skill, effort, and
176		-	responsibility, and that are performed under similar
177		-	working conditions, not less than the straight-time
178		-	hourly rate of pay or hourly equivalent of the lowest
179		-	paid directly hired comparator employee of the third
180		-	party client who is entitled to overtime under the
181		-	Fair Labor Standards Act of 1938, as amended, with the
182		-	same or substantially similar level of seniority at
183		-	the company and performing the same or substantially
184		-	similar work on jobs the performance of which requires
185		-	substantially similar skill, effort, and
186		-	responsibility, and that are performed under similar
187		-	working conditions; or .
188		-	(B) if If there is not a directly hired comparator
189		-	comparative employee of the third party client, the
190		-	day or temporary laborer shall be paid not less than
191		-	the straight-time hourly rate of pay or hourly and
192		-	equivalent benefits of the lowest paid directly direct
193		-	hired employee of the third party client who is
194		-	entitled to overtime under the Fair Labor Standards
195		-	Act of 1938, as amended, company with the closest
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198		-	level of seniority at the third party client company.
199		-	A day and temporary labor service agency may pay the
200		-	hourly cash equivalent of the actual cost benefits in
201		-	lieu of benefits required under this Section.
202		-	(2) Bureau of Labor Statistics data as a basis for
203		-	compensation. At the sole discretion of the third party
204		-	client, the day or temporary laborer shall be paid as
205		-	follows:
206		-	(A) if a day or temporary laborer has been
207		-	assigned to work and performs work at the same third
208		-	party client for more than 720 hours within a 12-month
209		-	period, not less than the median base hourly rate, or
210		-	hourly equivalent if paid on a salary basis, of
211		-	workers working in the same or a substantially similar
212		-	job classification, as reflected in the detail level
213		-	of the most recent Standard Occupational
214		-	Classification System published by the United States
215		-	Department of Labor's Bureau of Labor Statistics, in
216		-	the same metropolitan area or non-metropolitan area of
217		-	Illinois where the work is performed, as reflected in
218		-	the most recent Occupational Employment and Wage
219		-	Statistics Survey, or any successor publication,
220		-	published by the United States Department of Labor's
221		-	Bureau of Labor Statistics; or
222		-	(B) if a day or temporary laborer has been
223		-	assigned to work and performs work at the same third
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	105	+	1 of the terms listed on the employment notice are changed.
	106	+	2 If the day or temporary laborer is not placed with a third
	107	+	3 party client or otherwise contracted to work for that day, the
	108	+	4 day and temporary labor service agency shall, upon request,
	109	+	5 provide the day and temporary laborer with a confirmation that
	110	+	6 the day or temporary laborer sought work, signed by an
	111	+	7 employee of the day and temporary labor service agency, which
	112	+	8 shall include the name of the agency, the name and address of
	113	+	9 the day or temporary laborer, and the date and the time that
	114	+	10 the day or temporary laborer receives the confirmation.
	115	+	11 (b) (Blank). No day and temporary labor service agency
	116	+	12 may send any day or temporary laborer to any place where a
	117	+	13 strike, a lockout, or other labor trouble exists.
	118	+	14 (b-5) Application receipt. If an applicant seeks a work
	119	+	15 assignment as a day or temporary laborer with a day and
	120	+	16 temporary labor service agency, including in-person, online,
	121	+	17 or through an app-based system, and is not placed with a third
	122	+	18 party client or otherwise contracted to work for that day by
	123	+	19 the day and temporary labor service agency, the day and
	124	+	20 temporary labor service agency shall provide the applicant
	125	+	21 with a confirmation that the applicant sought work, signed by
	126	+	22 an employee of the day and temporary labor service agency, on a
	127	+	23 form approved by the Department, that shall include:
	128	+	24 (1) the name and location of the day and temporary
	129	+	25 labor service agency and branch office;
	130	+	26 (2) the name and address of the applicant;
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226		-	party client for more than 4,160 hours within a
227		-	48-month period, not less than the 75th percentile
228		-	base hourly rate, or hourly equivalent if paid on a
229		-	salary basis, of workers working in the same or
230		-	substantially similar job classification, as reflected
231		-	in the detail level of the most recent Standard
232		-	Occupational Classification System published by the
233		-	United States Department of Labor's Bureau of Labor
234		-	Statistics, in the same metropolitan area or
235		-	non-metropolitan area of Illinois where the work is
236		-	performed, as reflected in the most recent
237		-	Occupational Employment and Wage Statistics Survey, or
238		-	any successor publication, published by the United
239		-	States Department of Labor's Bureau of Labor
240		-	Statistics.
241		-	The Department shall provide on its website a link to
242		-	the publications specified in this paragraph and a link to
243		-	the United States Department of Labor's guidance on
244		-	determining standard occupational classifications.
245		-	(b) A day and temporary labor agency shall provide a day or
246		-	temporary laborer who is assigned to work and performs work at
247		-	the same third party client for more than 720 hours within a
248		-	12-month period, beginning on or after April 1, 2024,
249		-	substantially similar benefits to the job classification of
250		-	employees performing the same or substantially similar work on
251		-	jobs and performed under similar working conditions. A day and
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254		-	temporary labor service agency may pay the hourly average cash
255		-	equivalent of the actual cost of the benefits the third party
256		-	client provides the applicable directly hired employees in
257		-	lieu of benefits required under this subsection.
258		-	(c) Upon request, a third party client to which a day or
259		-	temporary laborer has been assigned to work and performed work
260		-	for more than 720 hours within a 12-month period or 4,160 hours
261		-	within a 48-month period 90 calendar days shall be obligated
262		-	to timely provide the day and temporary labor service agency
263		-	with all necessary information related to job duties, working
264		-	conditions, pay, seniority, and benefits it provides to the
265		-	applicable classification of directly hired employees
266		-	necessary for the day and temporary labor service agency to
267		-	comply with this Section. Upon receipt of the accurate and
268		-	complete information described in this subsection from the
269		-	third party client, it shall be the responsibility and duty of
270		-	the day and temporary labor service agency to calculate and
271		-	determine the straight-time hourly rate of pay and the
272		-	benefits it shall offer to the day or temporary laborer,
273		-	including any cash equivalent. The failure by a third party
274		-	client to provide any of the information required under this
275		-	Section shall constitute a notice violation by the third party
276		-	client under Section 95. For purposes of this Section, the day
277		-	and temporary labor service agency shall be considered a
278		-	person aggrieved as described in Section 95. For the purposes
279		-	of this Section, the calculation of the 90 calendar days may
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282		-	not begin until April 1, 2024.
283		-	(d) For purposes of this Section, "seniority" means the
284		-	number of calendar months a day or temporary laborer has been
285		-	assigned to and worked at the third party client compared to
286		-	the number of calendar months a directly hired comparator
287		-	employee has been employed by the third party client.
288		-	(Source: P.A. 103-437, eff. 8-4-23; 103-564, eff. 11-17-23.)
289		-	(820 ILCS 175/43 new)
290		-	Sec. 43. Exception to equal pay requirements. The
291		-	requirements set forth in Section 42 shall not apply to any
292		-	company where the direct hire employees of the third party
293		-	client performing the same or substantially similar work as
294		-	the day or temporary laborers assigned to work at the third
295		-	party client are covered by a valid collective bargaining
296		-	agreement in effect on April 1, 2024 for the period covered by
297		-	that current collective bargaining agreement. Thereafter, the
298		-	hourly cash payment specified in subsection (b) of Section 42
299		-	shall not be required if the direct hire employees of the third
300		-	party client performing the same or substantially similar work
301		-	as the day or temporary laborers assigned to work at the third
302		-	party client are covered by a valid collective bargaining
303		-	agreement for any period covered by that collective bargaining
304		-	agreement.
305		-	(820 ILCS 175/45)
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	141	+	1 (3) the date and the time that the applicant sought
	142	+	2 the work assignment;
	143	+	3 (4) the manner in which the applicant sought the work
	144	+	4 assignment; and
	145	+	5 (5) the specific work sites or type of jobs sought by
	146	+	6 the applicant, if applicable.
	147	+	7 (c) The Department shall recommend to day and temporary
	148	+	8 labor service agencies that those agencies employ personnel
	149	+	9 who can effectively communicate information required in
	150	+	10 subsections (a) and (b-5) (b) to day or temporary laborers in
	151	+	11 Spanish, Polish, or any other language that is generally
	152	+	12 understood in the locale of the day and temporary labor
	153	+	13 service agency.
	154	+	14 (Source: P.A. 99-78, eff. 7-20-15; 100-517, eff. 6-1-18.)
	155	+	15 (820 ILCS 175/11)
	156	+	16 Sec. 11. Right to refuse assignment to a labor dispute.
	157	+	17 (a) No day and temporary labor service agency may send a
	158	+	18 day or temporary laborer to a place where a strike, a lockout,
	159	+	19 or work stoppage other labor trouble exists because of a labor
	160	+	20 dispute or where a picket, bannering, or handbilling exists
	161	+	21 because of a labor dispute without providing, at or before the
	162	+	22 time of dispatch, a statement, in writing and in a language
	163	+	23 that the day and temporary laborer understands, informing the
	164	+	24 day or temporary laborer of the labor dispute and the day or
	165	+	25 temporary laborer's right to refuse the assignment without
306	166
307	167
308		-	Sec. 45. Registration; Department of Labor.
309		-	(a) A day and temporary labor service agency which is
310		-	located, operates or transacts business within this State
311		-	shall register with the Department of Labor in accordance with
312		-	rules adopted by the Department for day and temporary labor
313		-	service agencies and shall be subject to this Act and any rules
314		-	adopted under this Act. Each day and temporary labor service
315		-	agency shall provide proof of an employer account number
316		-	issued by the Department of Employment Security for the
317		-	payment of unemployment insurance contributions as required
318		-	under the Unemployment Insurance Act, and proof of valid
319		-	workers' compensation insurance in effect at the time of
320		-	registration covering all of its employees. If, at any time, a
321		-	day and temporary labor service agency's workers' compensation
322		-	insurance coverage lapses, the agency shall have an
323		-	affirmative duty to report the lapse of such coverage to the
324		-	Department and the agency's registration shall be suspended
325		-	until the agency's workers' compensation insurance is
326		-	reinstated. The Department may assess each day and temporary
327		-	labor service agency a non-refundable registration fee not
328		-	exceeding $3,000 per year per agency and a non-refundable fee
329		-	not to exceed $750 for each branch office or other location
330		-	where the agency regularly contracts with day or temporary
331		-	laborers for services. The fee may be paid by check, money
332		-	order, or the State Treasurer's E-Pay program or any successor
333		-	program, and the Department may not refuse to accept a check on
334	168
335	169
336		-	the basis that it is not a certified check or a cashier's
337		-	check. The Department may charge an additional fee to be paid
338		-	by a day and temporary labor service agency if the agency, or
339		-	any person on the agency's behalf, issues or delivers a check
340		-	to the Department that is not honored by the financial
341		-	institution upon which it is drawn. The Department shall also
342		-	adopt rules for violation hearings and penalties for
343		-	violations of this Act or the Department's rules in
344		-	conjunction with the penalties set forth in this Act.
345		-	(a-1) At the time of registration with the Department of
346		-	Labor each year, the day and temporary labor service agency
347		-	shall submit to the Department of Labor a report containing
348		-	the information identified in paragraph (9) of subsection (a)
349		-	of Section 12, broken down by branch office, in the aggregate
350		-	for all day or temporary laborers assigned within Illinois and
351		-	subject to this Act during the preceding year. This
352		-	information shall be submitted on a form created by the
353		-	Department of Labor. The Department of Labor shall aggregate
354		-	the information submitted by all registering day and temporary
355		-	labor service agencies by removing identifying data and shall
356		-	have the information available to the public only on a
357		-	municipal and county basis. As used in this paragraph,
358		-	"identifying data" means any and all information that: (i)
359		-	provides specific information on individual worker identity;
360		-	(ii) identifies the service agency in any manner; and (iii)
361		-	identifies clients utilizing the day and temporary labor
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362	172
363	173
364		-	service agency or any other information that can be traced
365		-	back to any specific registering day and temporary labor
366		-	service agency or its client. The information and reports
367		-	submitted to the Department of Labor under this subsection by
368		-	the registering day and temporary labor service agencies are
369		-	exempt from inspection and copying under Section 7.5 of the
370		-	Freedom of Information Act.
371		-	(b) It is a violation of this Act to operate a day and
372		-	temporary labor service agency without first registering with
373		-	the Department in accordance with subsection (a) of this
374		-	Section. The Department shall create and maintain at regular
375		-	intervals on its website, accessible to the public: (1) a list
376		-	of all registered day and temporary labor service agencies in
377		-	the State whose registration is in good standing; (2) a list of
378		-	day and temporary labor service agencies in the State whose
379		-	registration has been suspended, including the reason for the
380		-	suspension, the date the suspension was initiated, and the
381		-	date, if known, the suspension is to be lifted; and (3) a list
382		-	of day and temporary labor service agencies in the State whose
383		-	registration has been revoked, including the reason for the
384		-	revocation and the date the registration was revoked. The
385		-	Department has the authority to assess a penalty against any
386		-	day and temporary labor service agency that fails to register
387		-	with the Department of Labor in accordance with this Act or any
388		-	rules adopted under this Act of $500 for each violation. Each
389		-	day during which a day and temporary labor service agency
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	176	+	1 prejudice to receiving another assignment.
	177	+	2 (b) The failure by a day and temporary labor service
	178	+	3 agency to provide any of the information required by this
	179	+	4 Section shall constitute a notice violation under Section 95.
	180	+	5 The failure of a day and temporary labor service agency to
	181	+	6 provide each piece of information required by this Section at
	182	+	7 each time it is required by this Section shall constitute a
	183	+	8 separate and distinct notice violation. If a day and temporary
	184	+	9 labor service agency claims that it has provided a notice as
	185	+	10 required under this Section electronically, the day and
	186	+	11 temporary labor service agency shall bear the burden of
	187	+	12 showing that the notice was provided if there is a dispute.
	188	+	13 (Source: P.A. 103-437, eff. 8-4-23.)
	189	+	14 (820 ILCS 175/42)
	190	+	15 Sec. 42. Equal pay for equal work.
	191	+	16 (a) A day and temporary labor service agency shall pay a A
	192	+	17 day or temporary laborer who is assigned to work and performs
	193	+	18 work at the same a third party client for more than 720 hours
	194	+	19 within a 12-month period, beginning on or after April 1, 2024,
	195	+	20 in accordance with one of the following methods: 90 calendar
	196	+	21 days shall be paid not less than the rate of pay and equivalent
	197	+	22 benefits as the lowest paid
	198	+	23 (1) Third party client employee compensation as a
	199	+	24 basis for compensation. The day or temporary laborer shall
	200	+	25 be paid as follows:
390	201
391	202
392		-	operates without registering with the Department shall be a
393		-	separate and distinct violation of this Act.
394		-	(c) A day and temporary labor service agency applying for
395		-	registration with the Department An applicant is not eligible
396		-	to register to operate a day and temporary labor service
397		-	agency under this Act if the day and temporary labor service
398		-	agency applying for registration with the Department applicant
399		-	or any of its officers, directors, partners, or managers or
400		-	any owner of 25% or greater beneficial interest:
401		-	(1) has been involved, as owner, officer, director,
402		-	partner, or manager, of any day and temporary labor
403		-	service agency whose registration has been revoked or has
404		-	been suspended without being reinstated within the 5 years
405		-	immediately preceding the filing of the application; or
406		-	(2) is under the age of 18.
407		-	(d) Every agency shall post and keep posted at each
408		-	location, in a position easily accessible to all day or
409		-	temporary laborers s, notices as supplied and required by the
410		-	Department containing a copy or summary of the provisions of
411		-	the Act and a notice which informs the public of a toll-free
412		-	telephone number for day or temporary laborers and the public
413		-	to file wage dispute complaints and other alleged violations
414		-	by day and temporary labor service agencies. Every day and
415		-	temporary labor service agency employing day or temporary
416		-	laborers who communicate with the day and temporary labor
417		-	service agency by electronic communication shall also provide
418	203
419	204
420		-	all required notices by email to its day or temporary laborers
421		-	or on a website, regularly used by the employer to communicate
422		-	work-related information, that all day or temporary laborers
423		-	are able to regularly access, freely and without interference.
424		-	Such notices shall be in English and any other language
425		-	generally understood in the locale of the day and temporary
426		-	labor service agency.
427		-	(Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23;
428		-	revised 12-15-23.)
429		-	(820 ILCS 175/55)
430		-	Sec. 55. Enforcement by the Department. It shall be the
431		-	duty of the Department to enforce the provisions of this Act
432		-	when, in the Department's judgment, there is cause and
433		-	sufficient resources for investigation. The Department shall
434		-	have the power to conduct investigations in connection with
435		-	the administration and enforcement of this Act and any
436		-	investigator with the Department shall be authorized to visit
437		-	and inspect, at all reasonable times, any places covered by
438		-	this Act and shall be authorized to inspect, at all reasonable
439		-	times, contracts for the employment of all day or temporary
440		-	laborers entered into by a third party client if the
441		-	Department has received a complaint indicating that the third
442		-	party client may have contracted with a day and temporary
443		-	labor service agency that is not registered under this Act.
444		-	The Department shall conduct hearings in accordance with the
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446	208
447		-	Illinois Administrative Procedure Act upon written complaint
448		-	by an investigator of the Department or any interested person
449		-	of a violation of the Act. After the hearing, if supported by
450		-	the evidence, the Department may (i) issue and cause to be
451		-	served on any party an order to cease and desist from further
452		-	violation of the Act, (ii) take affirmative or other action as
453		-	deemed reasonable to eliminate the effect of the violation,
454		-	(iii) deny, suspend, or revoke any registration under this
455		-	Act, and (iv) determine the amount of any civil penalty
456		-	allowed by the Act. The Director of Labor or his or her
457		-	representative may compel, by subpoena, the attendance and
458		-	testimony of witnesses and the production of books, payrolls,
459		-	records, papers, and other evidence in any investigation or
460		-	hearing and may administer oaths to witnesses. Nothing in this
461		-	Act applies to labor or employment of a clerical or
462		-	professional nature.
463		-	(Source: P.A. 103-437, eff. 8-4-23.)
464		-	(820 ILCS 175/85)
465		-	Sec. 85. Third party clients.
466		-	(a) It is a violation of this Act for a third party client
467		-	to enter into a contract for the employment of day or temporary
468		-	laborers with any day and temporary labor service agency not
469		-	registered under Section 45 of this Act. A third party client
470		-	has a duty to verify a day and temporary labor service agency's
471		-	status with the Department before entering into a contract
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	211	+	1 (A) if there is a directly hired comparator
	212	+	2 employee of the third party client with the same or
	213	+	3 substantially similar level of seniority at the
	214	+	4 company and performing the same or substantially
	215	+	5 similar work on jobs the performance of which requires
	216	+	6 substantially similar skill, effort, and
	217	+	7 responsibility, and that are performed under similar
	218	+	8 working conditions, not less than the straight-time
	219	+	9 hourly rate of pay or hourly equivalent of the lowest
	220	+	10 paid directly hired comparator employee of the third
	221	+	11 party client who is entitled to overtime under the
	222	+	12 Fair Labor Standards Act of 1938, as amended, with the
	223	+	13 same or substantially similar level of seniority at
	224	+	14 the company and performing the same or substantially
	225	+	15 similar work on jobs the performance of which requires
	226	+	16 substantially similar skill, effort, and
	227	+	17 responsibility, and that are performed under similar
	228	+	18 working conditions; or .
	229	+	19 (B) if If there is not a directly hired comparator
	230	+	20 comparative employee of the third party client, the
	231	+	21 day or temporary laborer shall be paid not less than
	232	+	22 the straight-time hourly rate of pay or hourly and
	233	+	23 equivalent benefits of the lowest paid directly direct
	234	+	24 hired employee of the third party client who is
	235	+	25 entitled to overtime under the Fair Labor Standards
	236	+	26 Act of 1938, as amended, company with the closest
472	237
473	238
474		-	with such an agency, and on March 1 and September 1 of each
475		-	year. A day and temporary labor service agency shall be
476		-	required to provide each of its third party clients with proof
477		-	of valid registration issued by the Department at the time of
478		-	entering into a contract. A day and temporary labor service
479		-	agency shall be required to notify, both by telephone and in
480		-	writing, each day or temporary laborer it employs and each
481		-	third party client with whom it has a contract within 24 hours
482		-	of any denial, suspension, or revocation of its registration
483		-	by the Department. All contracts between any day and temporary
484		-	labor service agency and any third party client shall be
485		-	considered null and void from the date any such denial,
486		-	suspension, or revocation of registration becomes effective
487		-	and until such time as the day and temporary labor service
488		-	agency becomes registered and considered in good standing by
489		-	the Department as provided in Section 50 and Section 55. Upon
490		-	request, the Department shall provide to a third party client
491		-	a list of entities registered as day and temporary labor
492		-	service agencies. The Department shall provide on the Internet
493		-	a list of entities registered as day and temporary labor
494		-	service agencies. A third party client may rely on information
495		-	provided by the Department or maintained on the Department's
496		-	website pursuant to Section 45 of this Act and shall be held
497		-	harmless if such information maintained or provided by the
498		-	Department was inaccurate. Any third party client that
499		-	violates this provision of the Act is subject to a civil
500	239
501	240
502		-	penalty of not less than $100 and not to exceed $1,500. Each
503		-	day during which a third party client contracts with a day and
504		-	temporary labor service agency not registered under Section 45
505		-	of this Act shall constitute a separate and distinct offense.
506		-	(b) If a third party client leases or contracts with a day
507		-	and temporary service agency for the services of a day or
508		-	temporary laborer, the third party client shall share all
509		-	legal responsibility and liability for the payment of wages
510		-	under the Illinois Wage Payment and Collection Act and the
511		-	Minimum Wage Law.
512		-	(c) Before the assignment of an employee to a worksite
513		-	employer, a day and temporary labor service agency must:
514		-	(1) inquire about the client company's safety and
515		-	health practices and hazards at the actual workplace where
516		-	the day or temporary laborer will be working to assess the
517		-	safety conditions, workers tasks, and the client company's
518		-	safety program; these activities are required at the start
519		-	of any contract to place day or temporary laborers and may
520		-	include visiting the client company's actual worksite. If,
521		-	during the inquiry or anytime during the period of the
522		-	contract, the day and temporary labor service agency
523		-	becomes aware of existing job hazards that are not
524		-	mitigated by the client company, the day and temporary
525		-	labor service agency must make the client company aware,
526		-	urge the client company to correct it, and document these
527		-	efforts, otherwise the day and temporary labor service
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528	243
529	244
530		-	agency must remove the day or temporary laborers from the
531		-	client company's worksite;
532		-	(2) provide training to the day or temporary laborer
533		-	for general awareness safety training for recognized
534		-	industry hazards the day or temporary laborer may
535		-	encounter at the client company's worksite. Industry
536		-	hazard training must be completed, in the preferred
537		-	language of the day or temporary laborer, and must be
538		-	provided at no expense to the day or temporary laborer.
539		-	The training date and training content must be maintained
540		-	by the day and temporary staffing agency and provided to
541		-	the day or temporary laborer;
542		-	(3) transmit a general description of the training
543		-	program including topics covered to the client company,
544		-	whether electronically or on paper, at the start of the
545		-	contract with the client company;
546		-	(4) provide the Department's hotline number for the
547		-	employee to call to report safety hazards and concerns as
548		-	part of the employment materials provided to the day or
549		-	temporary laborer; and
550		-	(5) inform the day or temporary laborer who the day or
551		-	temporary laborer should report safety concerns to at the
552		-	workplace.
553		-	Nothing in this Section shall diminish any existing client
554		-	company or a day and temporary labor service agency's
555		-	responsibility as an employer to provide a place of employment
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	247	+	1 level of seniority at the third party client company.
	248	+	2 A day and temporary labor service agency may pay the
	249	+	3 hourly cash equivalent of the actual cost benefits in
	250	+	4 lieu of benefits required under this Section.
	251	+	5 (2) Bureau of Labor Statistics data as a basis for
	252	+	6 compensation. At the sole discretion of the third party
	253	+	7 client, the day or temporary laborer shall be paid as
	254	+	8 follows:
	255	+	9 (A) if a day or temporary laborer has been
	256	+	10 assigned to work and performs work at the same third
	257	+	11 party client for more than 720 hours within a 12-month
	258	+	12 period, not less than the median base hourly rate, or
	259	+	13 hourly equivalent if paid on a salary basis, of
	260	+	14 workers working in the same or a substantially similar
	261	+	15 job classification, as reflected in the detail level
	262	+	16 of the most recent Standard Occupational
	263	+	17 Classification System published by the United States
	264	+	18 Department of Labor's Bureau of Labor Statistics, in
	265	+	19 the same metropolitan area or non-metropolitan area of
	266	+	20 Illinois where the work is performed, as reflected in
	267	+	21 the most recent Occupational Employment and Wage
	268	+	22 Statistics Survey, or any successor publication,
	269	+	23 published by the United States Department of Labor's
	270	+	24 Bureau of Labor Statistics; or
	271	+	25 (B) if a day or temporary laborer has been
	272	+	26 assigned to work and performs work at the same third
556	273
557	274
558		-	free from recognized hazards or to otherwise comply with other
559		-	health and safety or employment laws. The client company and
560		-	the day and temporary labor service agency are responsible for
561		-	compliance with this Section and the rules adopted under this
562		-	Section.
563		-	(d) Before the day or temporary laborer engages in work
564		-	for a client company, the client company must:
565		-	(1) document and inform the day and temporary labor
566		-	service agency about anticipated job hazards likely
567		-	encountered by the day or temporary laborer;
568		-	(2) review the safety and health awareness training
569		-	provided by the day and temporary labor service agency to
570		-	determine if it addresses recognized hazards for the
571		-	client company's industry;
572		-	(3) provide specific training tailored to the
573		-	particular hazards at the client company's worksite
574		-	consistent with training requirements provided for in
575		-	standards, guidances, or best practices issued by the
576		-	federal Occupational Safety and Health Administration; and
577		-	(4) document and maintain records of site-specific
578		-	training and provide confirmation that the training
579		-	occurred to the day and temporary labor service agency
580		-	within 3 business days of providing the training.
581		-	(e) If the client company changes the job tasks or work
582		-	location and new hazards may be encountered, the client
583		-	company must:
584	275
585	276
586		-	(1) inform both the day and temporary labor service
587		-	agency and the day or temporary laborer; and
588		-	(2) inform both the day and temporary labor service
589		-	agency staffing agency and the day or temporary laborer of
590		-	job hazards not previously covered before the day or
591		-	temporary laborer undertakes the new tasks and update
592		-	personal protective equipment and training for the new job
593		-	tasks consistent with training requirements provided for
594		-	in standards, guidances, or best practices issued by the
595		-	federal Occupational Safety and Health Administration, if
596		-	necessary.
597		-	(f) A day and temporary labor service agency or day or
598		-	temporary laborer may refuse a new job task at the worksite
599		-	when the task has not been reviewed or if the day or temporary
600		-	laborer has not had appropriate training to do the new task.
601		-	(g) A client company that supervises a day or temporary
602		-	laborer must provide worksite specific training to the day or
603		-	temporary laborer and must allow a day and temporary labor
604		-	service agency to visit any worksite where the day or
605		-	temporary laborer works or will be working to observe and
606		-	confirm the client company's training and information related
607		-	to the worksite's job tasks, safety and health practices, and
608		-	hazards.
609		-	(Source: P.A. 103-437, eff. 8-4-23.)
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	283	+	1 party client for more than 4,160 hours within a
	284	+	2 48-month period, not less than the 75th percentile
	285	+	3 base hourly rate, or hourly equivalent if paid on a
	286	+	4 salary basis, of workers working in the same or
	287	+	5 substantially similar job classification, as reflected
	288	+	6 in the detail level of the most recent Standard
	289	+	7 Occupational Classification System published by the
	290	+	8 United States Department of Labor's Bureau of Labor
	291	+	9 Statistics, in the same metropolitan area or
	292	+	10 non-metropolitan area of Illinois where the work is
	293	+	11 performed, as reflected in the most recent
	294	+	12 Occupational Employment and Wage Statistics Survey, or
	295	+	13 any successor publication, published by the United
	296	+	14 States Department of Labor's Bureau of Labor
	297	+	15 Statistics.
	298	+	16 The Department shall provide on its website a link to
	299	+	17 the publications specified in this paragraph and a link to
	300	+	18 the United States Department of Labor's guidance on
	301	+	19 determining standard occupational classifications.
	302	+	20 (b) A day and temporary labor agency shall provide a day or
	303	+	21 temporary laborer who is assigned to work and performs work at
	304	+	22 the same third party client for more than 720 hours within a
	305	+	23 12-month period, beginning on or after April 1, 2024,
	306	+	24 substantially similar benefits to the job classification of
	307	+	25 employees performing the same or substantially similar work on
	308	+	26 jobs and performed under similar working conditions. A day and
	309	+
	310	+
	311	+
	312	+
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	319	+	1 temporary labor service agency may pay the hourly average cash
	320	+	2 equivalent of the actual cost of the benefits the third party
	321	+	3 client provides the applicable directly hired employees in
	322	+	4 lieu of benefits required under this subsection.
	323	+	5 (c) Upon request, a third party client to which a day or
	324	+	6 temporary laborer has been assigned to work and performed work
	325	+	7 for more than 720 hours within a 12-month period or 4,160 hours
	326	+	8 within a 48-month period 90 calendar days shall be obligated
	327	+	9 to timely provide the day and temporary labor service agency
	328	+	10 with all necessary information related to job duties, working
	329	+	11 conditions, pay, seniority, and benefits it provides to the
	330	+	12 applicable classification of directly hired employees
	331	+	13 necessary for the day and temporary labor service agency to
	332	+	14 comply with this Section. Upon receipt of the accurate and
	333	+	15 complete information described in this subsection from the
	334	+	16 third party client, it shall be the responsibility and duty of
	335	+	17 the day and temporary labor service agency to calculate and
	336	+	18 determine the straight-time hourly rate of pay and the
	337	+	19 benefits it shall offer to the day or temporary laborer,
	338	+	20 including any cash equivalent. The failure by a third party
	339	+	21 client to provide any of the information required under this
	340	+	22 Section shall constitute a notice violation by the third party
	341	+	23 client under Section 95. For purposes of this Section, the day
	342	+	24 and temporary labor service agency shall be considered a
	343	+	25 person aggrieved as described in Section 95. For the purposes
	344	+	26 of this Section, the calculation of the 90 calendar days may
	345	+
	346	+
	347	+
	348	+
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	355	+	1 not begin until April 1, 2024.
	356	+	2 (d) For purposes of this Section, "seniority" means the
	357	+	3 number of calendar months a day or temporary laborer has been
	358	+	4 assigned to and worked at the third party client compared to
	359	+	5 the number of calendar months a directly hired comparator
	360	+	6 employee has been employed by the third party client.
	361	+	7 (Source: P.A. 103-437, eff. 8-4-23; 103-564, eff. 11-17-23.)
	362	+	8 (820 ILCS 175/43 new)
	363	+	9 Sec. 43. Exception to equal pay requirements. The
	364	+	10 requirements set forth in Section 42 shall not apply to any
	365	+	11 company where the direct hire employees of the third party
	366	+	12 client performing the same or substantially similar work as
	367	+	13 the day or temporary laborers assigned to work at the third
	368	+	14 party client are covered by a valid collective bargaining
	369	+	15 agreement in effect on April 1, 2024 for the period covered by
	370	+	16 that current collective bargaining agreement. Thereafter, the
	371	+	17 hourly cash payment specified in subsection (b) of Section 42
	372	+	18 shall not be required if the direct hire employees of the third
	373	+	19 party client performing the same or substantially similar work
	374	+	20 as the day or temporary laborers assigned to work at the third
	375	+	21 party client are covered by a valid collective bargaining
	376	+	22 agreement for any period covered by that collective bargaining
	377	+	23 agreement.
	378	+	24 (820 ILCS 175/45)
	379	+
	380	+
	381	+
	382	+
	383	+
	384	+	SB3650 Enrolled - 11 - LRB103 38728 SPS 68865 b
	385	+
	386	+
	387	+	SB3650 Enrolled- 12 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 12 - LRB103 38728 SPS 68865 b
	388	+	SB3650 Enrolled - 12 - LRB103 38728 SPS 68865 b
	389	+	1 Sec. 45. Registration; Department of Labor.
	390	+	2 (a) A day and temporary labor service agency which is
	391	+	3 located, operates or transacts business within this State
	392	+	4 shall register with the Department of Labor in accordance with
	393	+	5 rules adopted by the Department for day and temporary labor
	394	+	6 service agencies and shall be subject to this Act and any rules
	395	+	7 adopted under this Act. Each day and temporary labor service
	396	+	8 agency shall provide proof of an employer account number
	397	+	9 issued by the Department of Employment Security for the
	398	+	10 payment of unemployment insurance contributions as required
	399	+	11 under the Unemployment Insurance Act, and proof of valid
	400	+	12 workers' compensation insurance in effect at the time of
	401	+	13 registration covering all of its employees. If, at any time, a
	402	+	14 day and temporary labor service agency's workers' compensation
	403	+	15 insurance coverage lapses, the agency shall have an
	404	+	16 affirmative duty to report the lapse of such coverage to the
	405	+	17 Department and the agency's registration shall be suspended
	406	+	18 until the agency's workers' compensation insurance is
	407	+	19 reinstated. The Department may assess each day and temporary
	408	+	20 labor service agency a non-refundable registration fee not
	409	+	21 exceeding $3,000 per year per agency and a non-refundable fee
	410	+	22 not to exceed $750 for each branch office or other location
	411	+	23 where the agency regularly contracts with day or temporary
	412	+	24 laborers for services. The fee may be paid by check, money
	413	+	25 order, or the State Treasurer's E-Pay program or any successor
	414	+	26 program, and the Department may not refuse to accept a check on
	415	+
	416	+
	417	+
	418	+
	419	+
	420	+	SB3650 Enrolled - 12 - LRB103 38728 SPS 68865 b
	421	+
	422	+
	423	+	SB3650 Enrolled- 13 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 13 - LRB103 38728 SPS 68865 b
	424	+	SB3650 Enrolled - 13 - LRB103 38728 SPS 68865 b
	425	+	1 the basis that it is not a certified check or a cashier's
	426	+	2 check. The Department may charge an additional fee to be paid
	427	+	3 by a day and temporary labor service agency if the agency, or
	428	+	4 any person on the agency's behalf, issues or delivers a check
	429	+	5 to the Department that is not honored by the financial
	430	+	6 institution upon which it is drawn. The Department shall also
	431	+	7 adopt rules for violation hearings and penalties for
	432	+	8 violations of this Act or the Department's rules in
	433	+	9 conjunction with the penalties set forth in this Act.
	434	+	10 (a-1) At the time of registration with the Department of
	435	+	11 Labor each year, the day and temporary labor service agency
	436	+	12 shall submit to the Department of Labor a report containing
	437	+	13 the information identified in paragraph (9) of subsection (a)
	438	+	14 of Section 12, broken down by branch office, in the aggregate
	439	+	15 for all day or temporary laborers assigned within Illinois and
	440	+	16 subject to this Act during the preceding year. This
	441	+	17 information shall be submitted on a form created by the
	442	+	18 Department of Labor. The Department of Labor shall aggregate
	443	+	19 the information submitted by all registering day and temporary
	444	+	20 labor service agencies by removing identifying data and shall
	445	+	21 have the information available to the public only on a
	446	+	22 municipal and county basis. As used in this paragraph,
	447	+	23 "identifying data" means any and all information that: (i)
	448	+	24 provides specific information on individual worker identity;
	449	+	25 (ii) identifies the service agency in any manner; and (iii)
	450	+	26 identifies clients utilizing the day and temporary labor
	451	+
	452	+
	453	+
	454	+
	455	+
	456	+	SB3650 Enrolled - 13 - LRB103 38728 SPS 68865 b
	457	+
	458	+
	459	+	SB3650 Enrolled- 14 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 14 - LRB103 38728 SPS 68865 b
	460	+	SB3650 Enrolled - 14 - LRB103 38728 SPS 68865 b
	461	+	1 service agency or any other information that can be traced
	462	+	2 back to any specific registering day and temporary labor
	463	+	3 service agency or its client. The information and reports
	464	+	4 submitted to the Department of Labor under this subsection by
	465	+	5 the registering day and temporary labor service agencies are
	466	+	6 exempt from inspection and copying under Section 7.5 of the
	467	+	7 Freedom of Information Act.
	468	+	8 (b) It is a violation of this Act to operate a day and
	469	+	9 temporary labor service agency without first registering with
	470	+	10 the Department in accordance with subsection (a) of this
	471	+	11 Section. The Department shall create and maintain at regular
	472	+	12 intervals on its website, accessible to the public: (1) a list
	473	+	13 of all registered day and temporary labor service agencies in
	474	+	14 the State whose registration is in good standing; (2) a list of
	475	+	15 day and temporary labor service agencies in the State whose
	476	+	16 registration has been suspended, including the reason for the
	477	+	17 suspension, the date the suspension was initiated, and the
	478	+	18 date, if known, the suspension is to be lifted; and (3) a list
	479	+	19 of day and temporary labor service agencies in the State whose
	480	+	20 registration has been revoked, including the reason for the
	481	+	21 revocation and the date the registration was revoked. The
	482	+	22 Department has the authority to assess a penalty against any
	483	+	23 day and temporary labor service agency that fails to register
	484	+	24 with the Department of Labor in accordance with this Act or any
	485	+	25 rules adopted under this Act of $500 for each violation. Each
	486	+	26 day during which a day and temporary labor service agency
	487	+
	488	+
	489	+
	490	+
	491	+
	492	+	SB3650 Enrolled - 14 - LRB103 38728 SPS 68865 b
	493	+
	494	+
	495	+	SB3650 Enrolled- 15 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 15 - LRB103 38728 SPS 68865 b
	496	+	SB3650 Enrolled - 15 - LRB103 38728 SPS 68865 b
	497	+	1 operates without registering with the Department shall be a
	498	+	2 separate and distinct violation of this Act.
	499	+	3 (c) A day and temporary labor service agency applying for
	500	+	4 registration with the Department An applicant is not eligible
	501	+	5 to register to operate a day and temporary labor service
	502	+	6 agency under this Act if the day and temporary labor service
	503	+	7 agency applying for registration with the Department applicant
	504	+	8 or any of its officers, directors, partners, or managers or
	505	+	9 any owner of 25% or greater beneficial interest:
	506	+	10 (1) has been involved, as owner, officer, director,
	507	+	11 partner, or manager, of any day and temporary labor
	508	+	12 service agency whose registration has been revoked or has
	509	+	13 been suspended without being reinstated within the 5 years
	510	+	14 immediately preceding the filing of the application; or
	511	+	15 (2) is under the age of 18.
	512	+	16 (d) Every agency shall post and keep posted at each
	513	+	17 location, in a position easily accessible to all day or
	514	+	18 temporary laborers s, notices as supplied and required by the
	515	+	19 Department containing a copy or summary of the provisions of
	516	+	20 the Act and a notice which informs the public of a toll-free
	517	+	21 telephone number for day or temporary laborers and the public
	518	+	22 to file wage dispute complaints and other alleged violations
	519	+	23 by day and temporary labor service agencies. Every day and
	520	+	24 temporary labor service agency employing day or temporary
	521	+	25 laborers who communicate with the day and temporary labor
	522	+	26 service agency by electronic communication shall also provide
	523	+
	524	+
	525	+
	526	+
	527	+
	528	+	SB3650 Enrolled - 15 - LRB103 38728 SPS 68865 b
	529	+
	530	+
	531	+	SB3650 Enrolled- 16 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 16 - LRB103 38728 SPS 68865 b
	532	+	SB3650 Enrolled - 16 - LRB103 38728 SPS 68865 b
	533	+	1 all required notices by email to its day or temporary laborers
	534	+	2 or on a website, regularly used by the employer to communicate
	535	+	3 work-related information, that all day or temporary laborers
	536	+	4 are able to regularly access, freely and without interference.
	537	+	5 Such notices shall be in English and any other language
	538	+	6 generally understood in the locale of the day and temporary
	539	+	7 labor service agency.
	540	+	8 (Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23;
	541	+	9 revised 12-15-23.)
	542	+	10 (820 ILCS 175/55)
	543	+	11 Sec. 55. Enforcement by the Department. It shall be the
	544	+	12 duty of the Department to enforce the provisions of this Act
	545	+	13 when, in the Department's judgment, there is cause and
	546	+	14 sufficient resources for investigation. The Department shall
	547	+	15 have the power to conduct investigations in connection with
	548	+	16 the administration and enforcement of this Act and any
	549	+	17 investigator with the Department shall be authorized to visit
	550	+	18 and inspect, at all reasonable times, any places covered by
	551	+	19 this Act and shall be authorized to inspect, at all reasonable
	552	+	20 times, contracts for the employment of all day or temporary
	553	+	21 laborers entered into by a third party client if the
	554	+	22 Department has received a complaint indicating that the third
	555	+	23 party client may have contracted with a day and temporary
	556	+	24 labor service agency that is not registered under this Act.
	557	+	25 The Department shall conduct hearings in accordance with the
	558	+
	559	+
	560	+
	561	+
	562	+
	563	+	SB3650 Enrolled - 16 - LRB103 38728 SPS 68865 b
	564	+
	565	+
	566	+	SB3650 Enrolled- 17 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 17 - LRB103 38728 SPS 68865 b
	567	+	SB3650 Enrolled - 17 - LRB103 38728 SPS 68865 b
	568	+	1 Illinois Administrative Procedure Act upon written complaint
	569	+	2 by an investigator of the Department or any interested person
	570	+	3 of a violation of the Act. After the hearing, if supported by
	571	+	4 the evidence, the Department may (i) issue and cause to be
	572	+	5 served on any party an order to cease and desist from further
	573	+	6 violation of the Act, (ii) take affirmative or other action as
	574	+	7 deemed reasonable to eliminate the effect of the violation,
	575	+	8 (iii) deny, suspend, or revoke any registration under this
	576	+	9 Act, and (iv) determine the amount of any civil penalty
	577	+	10 allowed by the Act. The Director of Labor or his or her
	578	+	11 representative may compel, by subpoena, the attendance and
	579	+	12 testimony of witnesses and the production of books, payrolls,
	580	+	13 records, papers, and other evidence in any investigation or
	581	+	14 hearing and may administer oaths to witnesses. Nothing in this
	582	+	15 Act applies to labor or employment of a clerical or
	583	+	16 professional nature.
	584	+	17 (Source: P.A. 103-437, eff. 8-4-23.)
	585	+	18 (820 ILCS 175/85)
	586	+	19 Sec. 85. Third party clients.
	587	+	20 (a) It is a violation of this Act for a third party client
	588	+	21 to enter into a contract for the employment of day or temporary
	589	+	22 laborers with any day and temporary labor service agency not
	590	+	23 registered under Section 45 of this Act. A third party client
	591	+	24 has a duty to verify a day and temporary labor service agency's
	592	+	25 status with the Department before entering into a contract
	593	+
	594	+
	595	+
	596	+
	597	+
	598	+	SB3650 Enrolled - 17 - LRB103 38728 SPS 68865 b
	599	+
	600	+
	601	+	SB3650 Enrolled- 18 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 18 - LRB103 38728 SPS 68865 b
	602	+	SB3650 Enrolled - 18 - LRB103 38728 SPS 68865 b
	603	+	1 with such an agency, and on March 1 and September 1 of each
	604	+	2 year. A day and temporary labor service agency shall be
	605	+	3 required to provide each of its third party clients with proof
	606	+	4 of valid registration issued by the Department at the time of
	607	+	5 entering into a contract. A day and temporary labor service
	608	+	6 agency shall be required to notify, both by telephone and in
	609	+	7 writing, each day or temporary laborer it employs and each
	610	+	8 third party client with whom it has a contract within 24 hours
	611	+	9 of any denial, suspension, or revocation of its registration
	612	+	10 by the Department. All contracts between any day and temporary
	613	+	11 labor service agency and any third party client shall be
	614	+	12 considered null and void from the date any such denial,
	615	+	13 suspension, or revocation of registration becomes effective
	616	+	14 and until such time as the day and temporary labor service
	617	+	15 agency becomes registered and considered in good standing by
	618	+	16 the Department as provided in Section 50 and Section 55. Upon
	619	+	17 request, the Department shall provide to a third party client
	620	+	18 a list of entities registered as day and temporary labor
	621	+	19 service agencies. The Department shall provide on the Internet
	622	+	20 a list of entities registered as day and temporary labor
	623	+	21 service agencies. A third party client may rely on information
	624	+	22 provided by the Department or maintained on the Department's
	625	+	23 website pursuant to Section 45 of this Act and shall be held
	626	+	24 harmless if such information maintained or provided by the
	627	+	25 Department was inaccurate. Any third party client that
	628	+	26 violates this provision of the Act is subject to a civil
	629	+
	630	+
	631	+
	632	+
	633	+
	634	+	SB3650 Enrolled - 18 - LRB103 38728 SPS 68865 b
	635	+
	636	+
	637	+	SB3650 Enrolled- 19 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 19 - LRB103 38728 SPS 68865 b
	638	+	SB3650 Enrolled - 19 - LRB103 38728 SPS 68865 b
	639	+	1 penalty of not less than $100 and not to exceed $1,500. Each
	640	+	2 day during which a third party client contracts with a day and
	641	+	3 temporary labor service agency not registered under Section 45
	642	+	4 of this Act shall constitute a separate and distinct offense.
	643	+	5 (b) If a third party client leases or contracts with a day
	644	+	6 and temporary service agency for the services of a day or
	645	+	7 temporary laborer, the third party client shall share all
	646	+	8 legal responsibility and liability for the payment of wages
	647	+	9 under the Illinois Wage Payment and Collection Act and the
	648	+	10 Minimum Wage Law.
	649	+	11 (c) Before the assignment of an employee to a worksite
	650	+	12 employer, a day and temporary labor service agency must:
	651	+	13 (1) inquire about the client company's safety and
	652	+	14 health practices and hazards at the actual workplace where
	653	+	15 the day or temporary laborer will be working to assess the
	654	+	16 safety conditions, workers tasks, and the client company's
	655	+	17 safety program; these activities are required at the start
	656	+	18 of any contract to place day or temporary laborers and may
	657	+	19 include visiting the client company's actual worksite. If,
	658	+	20 during the inquiry or anytime during the period of the
	659	+	21 contract, the day and temporary labor service agency
	660	+	22 becomes aware of existing job hazards that are not
	661	+	23 mitigated by the client company, the day and temporary
	662	+	24 labor service agency must make the client company aware,
	663	+	25 urge the client company to correct it, and document these
	664	+	26 efforts, otherwise the day and temporary labor service
	665	+
	666	+
	667	+
	668	+
	669	+
	670	+	SB3650 Enrolled - 19 - LRB103 38728 SPS 68865 b
	671	+
	672	+
	673	+	SB3650 Enrolled- 20 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 20 - LRB103 38728 SPS 68865 b
	674	+	SB3650 Enrolled - 20 - LRB103 38728 SPS 68865 b
	675	+	1 agency must remove the day or temporary laborers from the
	676	+	2 client company's worksite;
	677	+	3 (2) provide training to the day or temporary laborer
	678	+	4 for general awareness safety training for recognized
	679	+	5 industry hazards the day or temporary laborer may
	680	+	6 encounter at the client company's worksite. Industry
	681	+	7 hazard training must be completed, in the preferred
	682	+	8 language of the day or temporary laborer, and must be
	683	+	9 provided at no expense to the day or temporary laborer.
	684	+	10 The training date and training content must be maintained
	685	+	11 by the day and temporary staffing agency and provided to
	686	+	12 the day or temporary laborer;
	687	+	13 (3) transmit a general description of the training
	688	+	14 program including topics covered to the client company,
	689	+	15 whether electronically or on paper, at the start of the
	690	+	16 contract with the client company;
	691	+	17 (4) provide the Department's hotline number for the
	692	+	18 employee to call to report safety hazards and concerns as
	693	+	19 part of the employment materials provided to the day or
	694	+	20 temporary laborer; and
	695	+	21 (5) inform the day or temporary laborer who the day or
	696	+	22 temporary laborer should report safety concerns to at the
	697	+	23 workplace.
	698	+	24 Nothing in this Section shall diminish any existing client
	699	+	25 company or a day and temporary labor service agency's
	700	+	26 responsibility as an employer to provide a place of employment
	701	+
	702	+
	703	+
	704	+
	705	+
	706	+	SB3650 Enrolled - 20 - LRB103 38728 SPS 68865 b
	707	+
	708	+
	709	+	SB3650 Enrolled- 21 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 21 - LRB103 38728 SPS 68865 b
	710	+	SB3650 Enrolled - 21 - LRB103 38728 SPS 68865 b
	711	+	1 free from recognized hazards or to otherwise comply with other
	712	+	2 health and safety or employment laws. The client company and
	713	+	3 the day and temporary labor service agency are responsible for
	714	+	4 compliance with this Section and the rules adopted under this
	715	+	5 Section.
	716	+	6 (d) Before the day or temporary laborer engages in work
	717	+	7 for a client company, the client company must:
	718	+	8 (1) document and inform the day and temporary labor
	719	+	9 service agency about anticipated job hazards likely
	720	+	10 encountered by the day or temporary laborer;
	721	+	11 (2) review the safety and health awareness training
	722	+	12 provided by the day and temporary labor service agency to
	723	+	13 determine if it addresses recognized hazards for the
	724	+	14 client company's industry;
	725	+	15 (3) provide specific training tailored to the
	726	+	16 particular hazards at the client company's worksite
	727	+	17 consistent with training requirements provided for in
	728	+	18 standards, guidances, or best practices issued by the
	729	+	19 federal Occupational Safety and Health Administration; and
	730	+	20 (4) document and maintain records of site-specific
	731	+	21 training and provide confirmation that the training
	732	+	22 occurred to the day and temporary labor service agency
	733	+	23 within 3 business days of providing the training.
	734	+	24 (e) If the client company changes the job tasks or work
	735	+	25 location and new hazards may be encountered, the client
	736	+	26 company must:
	737	+
	738	+
	739	+
	740	+
	741	+
	742	+	SB3650 Enrolled - 21 - LRB103 38728 SPS 68865 b
	743	+
	744	+
	745	+	SB3650 Enrolled- 22 -LRB103 38728 SPS 68865 b SB3650 Enrolled - 22 - LRB103 38728 SPS 68865 b
	746	+	SB3650 Enrolled - 22 - LRB103 38728 SPS 68865 b
	747	+	1 (1) inform both the day and temporary labor service
	748	+	2 agency and the day or temporary laborer; and
	749	+	3 (2) inform both the day and temporary labor service
	750	+	4 agency staffing agency and the day or temporary laborer of
	751	+	5 job hazards not previously covered before the day or
	752	+	6 temporary laborer undertakes the new tasks and update
	753	+	7 personal protective equipment and training for the new job
	754	+	8 tasks consistent with training requirements provided for
	755	+	9 in standards, guidances, or best practices issued by the
	756	+	10 federal Occupational Safety and Health Administration, if
	757	+	11 necessary.
	758	+	12 (f) A day and temporary labor service agency or day or
	759	+	13 temporary laborer may refuse a new job task at the worksite
	760	+	14 when the task has not been reviewed or if the day or temporary
	761	+	15 laborer has not had appropriate training to do the new task.
	762	+	16 (g) A client company that supervises a day or temporary
	763	+	17 laborer must provide worksite specific training to the day or
	764	+	18 temporary laborer and must allow a day and temporary labor
	765	+	19 service agency to visit any worksite where the day or
	766	+	20 temporary laborer works or will be working to observe and
	767	+	21 confirm the client company's training and information related
	768	+	22 to the worksite's job tasks, safety and health practices, and
	769	+	23 hazards.
	770	+	24 (Source: P.A. 103-437, eff. 8-4-23.)
	771	+
	772	+
	773	+
	774	+
	775	+
	776	+	SB3650 Enrolled - 22 - LRB103 38728 SPS 68865 b