093_HB0310enr

 
HB0310 Enrolled                      LRB093 02462 WGH 06062 b

 1        AN ACT in relation to labor.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Day and Temporary Labor Services Act  is
 5    amended  by  changing  Section  55  and  adding Section 85 as
 6    follows:

 7        (820 ILCS 175/55)
 8        Sec. 55.  Enforcement.  It  shall  be  the  duty  of  the
 9    Department  to  enforce  the  provisions  of  this  Act.  The
10    Department  shall have the power to conduct investigations in
11    connection with the administration and  enforcement  of  this
12    Act  and  any  investigator  with  the  Department  shall  be
13    authorized to visit and inspect, at all reasonable times, any
14    places  covered  by  this  Act  and  shall  be  authorized to
15    inspect,  at  all  reasonable  times,   contracts   for   the
16    employment of all day or temporary laborers entered into by a
17    third  party  employer  if  the  Department  has  received  a
18    complaint  indicating  that the third party employer may have
19    contracted with a day and temporary labor service agency that
20    is not  registered  under  this  Act.  The  Department  shall
21    conduct    hearings   in   accordance   with   the   Illinois
22    Administrative Procedure Act upon  written  complaint  by  an
23    investigator  of the Department or any interested person of a
24    violation of the Act. After the hearing, if supported by  the
25    evidence, the Department may (i) issue and cause to be served
26    on  any  party  an  order  to  cease  and desist from further
27    violation of the Act, (ii) take affirmative or  other  action
28    as   deemed   reasonable  to  eliminate  the  effect  of  the
29    violation, (iii) deny, suspend, or  revoke  any  registration
30    under  this  Act,  and (iv) determine the amount of any civil
31    penalty allowed by the Act. The Director of Labor or  his  or
 
HB0310 Enrolled             -2-      LRB093 02462 WGH 06062 b
 1    her  representative  may  compel, by subpoena, the attendance
 2    and testimony of  witnesses  and  the  production  of  books,
 3    payrolls,   records,   papers,  and  other  evidence  in  any
 4    investigation  or  hearing  and  may  administer   oaths   to
 5    witnesses;  however, proprietary lists of a day and temporary
 6    labor service agency are not subject to subpoena.  Nothing in
 7    this Act applies to labor or  employment  of  a  clerical  or
 8    professional nature.
 9    (Source: P.A. 92-783, eff. 1-1-03.)

10        (820 ILCS 175/85 new)
11        Sec. 85. Third party employers. Third party employers are
12    prohibited from entering into contracts for the employment of
13    day  or  temporary  laborers with any day and temporary labor
14    service agency not registered under Section 45 of  this  Act.
15    Upon  request,  the Department shall provide to a third party
16    employer a list of entities registered as day  and  temporary
17    labor  service  agencies. The Department shall provide on the
18    Internet a list of entities registered as day  and  temporary
19    labor service agencies.