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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 8h as follows: | ||||||
6 | (30 ILCS 105/8h)
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7 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
8 | (a) Except as provided in subsection (b), notwithstanding | ||||||
9 | any other
State law to the contrary, the Governor
may, through | ||||||
10 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
11 | Comptroller to transfer
a specified sum from any fund held by | ||||||
12 | the State Treasurer to the General
Revenue Fund in order to | ||||||
13 | help defray the State's operating costs for the
fiscal year. | ||||||
14 | The total transfer under this Section from any fund in any
| ||||||
15 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
16 | revenues to be deposited
into the fund during that fiscal year | ||||||
17 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
18 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
19 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
20 | balances, the Governor may calculate and direct the State | ||||||
21 | Treasurer with the Comptroller to transfer additional amounts | ||||||
22 | determined by applying the formula authorized in Public Act | ||||||
23 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
24 | be made from a fund under this Section that would have the
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25 | effect of reducing the available balance in the fund to an | ||||||
26 | amount less than
the amount remaining unexpended and unreserved | ||||||
27 | from the total appropriation
from that fund estimated to be | ||||||
28 | expended for that fiscal year. This Section does not apply to | ||||||
29 | any
funds that are restricted by federal law to a specific use, | ||||||
30 | to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | ||||||
31 | Fund, the Medicaid Provider Relief Fund, or the Reviewing Court | ||||||
32 | Alternative Dispute Resolution Fund, or to any
funds to which |
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1 | subsection (f) of Section 20-40 of the Nursing and Advanced | ||||||
2 | Practice Nursing Act applies. Notwithstanding any
other | ||||||
3 | provision of this Section, for fiscal year 2004,
the total | ||||||
4 | transfer under this Section from the Road Fund or the State
| ||||||
5 | Construction Account Fund shall not exceed the lesser of (i) 5% | ||||||
6 | of the revenues to be deposited
into the fund during that | ||||||
7 | fiscal year or (ii) 25% of the beginning balance in the fund.
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8 | For fiscal year 2005 through fiscal year 2007, no amounts may | ||||||
9 | be transferred under this Section from the Road Fund, the State | ||||||
10 | Construction Account Fund, the Criminal Justice Information | ||||||
11 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
12 | Mandatory Arbitration Fund.
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13 | In determining the available balance in a fund, the | ||||||
14 | Governor
may include receipts, transfers into the fund, and | ||||||
15 | other
resources anticipated to be available in the fund in that | ||||||
16 | fiscal year.
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17 | The State Treasurer and Comptroller shall transfer the | ||||||
18 | amounts designated
under this Section as soon as may be | ||||||
19 | practicable after receiving the direction
to transfer from the | ||||||
20 | Governor.
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21 | (b) This Section does not apply to : (i) any fund | ||||||
22 | established under the Community Senior Services and Resources | ||||||
23 | Act ; or (ii) on or after the effective date of this amendatory | ||||||
24 | Act of the 94th General Assembly, the Child Labor and Day and | ||||||
25 | Temporary Labor Enforcement Fund .
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26 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
27 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
28 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
29 | 1-15-05.)
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30 | Section 10. The Day and Temporary Labor Services Act is | ||||||
31 | amended by changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, | ||||||
32 | 50, 55, 70, 75, and 85 and adding Sections 2, 12, 90, 95, and 97 | ||||||
33 | as follows: | ||||||
34 | (820 ILCS 175/2 new)
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1 | Sec. 2. Legislative Findings.
The General Assembly finds as | ||||||
2 | follows: | ||||||
3 | Over 300,000 workers work as day or temporary laborers in | ||||||
4 | Illinois. | ||||||
5 | Approximately 150 day labor and temporary labor service | ||||||
6 | agencies with nearly 600 branch offices are licensed throughout | ||||||
7 | Illinois. In addition, there is a large, though unknown, number | ||||||
8 | of unlicensed day labor and temporary labor service agencies | ||||||
9 | that operate outside the radar of law enforcement. | ||||||
10 | Recent studies and a survey of low-wage day or temporary | ||||||
11 | laborers themselves finds that as a group, they are | ||||||
12 | particularly vulnerable to abuse of their labor rights, | ||||||
13 | including unpaid wages, failure to pay for all hours worked, | ||||||
14 | minimum wage and overtime violations, and unlawful deduction | ||||||
15 | from pay for meals, transportation, equipment and other items. | ||||||
16 | Current law is inadequate to protect the labor and | ||||||
17 | employment rights of these workers. | ||||||
18 | At the same time, in Illinois and in other states, | ||||||
19 | democratically run nonprofit day labor centers, which charge no | ||||||
20 | fee for their services, have been established to provide an | ||||||
21 | alternative for day or temporary laborers to solicit work on | ||||||
22 | street corners. These centers are not subject to this Act.
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23 | (820 ILCS 175/5)
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24 | Sec. 5. Definitions. As used in this Act:
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25 | "Day or temporary laborer" means a natural person who | ||||||
26 | contracts
for employment
with a day and temporary labor service | ||||||
27 | agency.
| ||||||
28 | "Day and temporary labor" means labor or employment that is
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29 | occasional
or irregular at which a person is employed for not | ||||||
30 | longer than the time
period required to complete the assignment | ||||||
31 | for which the person
was hired and where wage payments are made | ||||||
32 | directly or indirectly by the
day and temporary labor service | ||||||
33 | agency or the third party client
employer
for work undertaken | ||||||
34 | by
day or temporary laborers pursuant to a contract between the
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35 | day and temporary labor service agency
with the third party |
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1 | client
employer .
"Day and temporary labor" does not include | ||||||
2 | labor or employment of
a professional or
clerical nature.
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3 | "Day and temporary labor service agency" means any person | ||||||
4 | or
entity engaged in
the business of employing day or temporary | ||||||
5 | laborers to provide
services , for a fee, to or for any
third | ||||||
6 | party client
employer pursuant to a contract with the day and | ||||||
7 | temporary
labor service and
the third party client
employer .
| ||||||
8 | "Department" means the Department of Labor.
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9 | "Third party client
employer " means any person that | ||||||
10 | contracts with a
day and temporary labor
service agency for | ||||||
11 | obtaining
the employment of day or temporary laborers.
| ||||||
12 | "Person" means every natural person, firm, partnership, | ||||||
13 | co-partnership, limited liability company, corporation, | ||||||
14 | association, business trust, or other legal entity, or its | ||||||
15 | legal representatives, agents, or assigns.
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16 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
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17 | (820 ILCS 175/10)
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18 | Sec. 10. Employment Notice
Statement .
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19 | (a) Whenever a day and temporary labor service agency | ||||||
20 | agrees
to send one or more persons to work as day or temporary | ||||||
21 | laborers,
the day and temporary labor service
agency shall | ||||||
22 | provide to each , upon request by a day or temporary laborer, at | ||||||
23 | the time of dispatch,
provide
to the day or temporary laborer a
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24 | statement containing the following items on a form approved by | ||||||
25 | the Department : | ||||||
26 | (1) the name of the day or temporary laborer; | ||||||
27 | (2) the name
"Name and nature of the work to be
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28 | performed ; ", | ||||||
29 | (3) the
" wages
offered ; | ||||||
30 | (4) the name and address of the destination of each day | ||||||
31 | or temporary laborer;
", "destination of the person | ||||||
32 | employed", | ||||||
33 | (5) terms
"terms of transportation ; ",
and | ||||||
34 | (6) whether
whether a meal or
and equipment , or both,
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35 | is provided, either by the
day and temporary labor service
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1 | agency or the third party client
employer , and the cost of | ||||||
2 | the meal and equipment, if any.
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3 | If a day or temporary laborer is assigned to the same | ||||||
4 | assignment for more than one day, the day and temporary labor | ||||||
5 | service agency is required to provide the employment notice | ||||||
6 | only on the first day of the assignment and on any day that any | ||||||
7 | of the terms listed on the employment notice are changed.
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8 | If the day or temporary laborer is not placed with a third | ||||||
9 | party client or otherwise contracted to work for that day, the | ||||||
10 | day and temporary labor service agency shall, upon request, | ||||||
11 | provide the day and temporary laborer with a confirmation that | ||||||
12 | the day or temporary laborer sought work, signed by an employee | ||||||
13 | of the day and temporary labor service agency, which shall | ||||||
14 | include the name of the agency, the name and address of the day | ||||||
15 | or temporary laborer, and the date and the time that the day or | ||||||
16 | temporary laborer receives the confirmation.
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17 | (b) No day and temporary labor service agency may send any
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18 | day or temporary laborer to any place
where a strike, a | ||||||
19 | lockout, or other labor trouble exists.
| ||||||
20 | (c) The
Department shall recommend to day and temporary | ||||||
21 | labor service
agencies that those agencies
employ personnel who | ||||||
22 | can effectively
communicate information required in | ||||||
23 | subsections (a) and (b) to day or
temporary laborers in
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24 | Spanish, Polish, or any other language that is generally | ||||||
25 | understood
used in the locale of
the day and temporary labor | ||||||
26 | service agency.
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27 | (Source: P.A. 92-783, eff. 1-1-03; 93-375, eff. 1-1-04.)
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28 | (820 ILCS 175/12 new)
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29 | Sec. 12. Recordkeeping. | ||||||
30 | (a) Whenever a day and temporary labor service agency sends | ||||||
31 | one or more persons to work as day or temporary laborers, the | ||||||
32 | day and temporary labor service agency shall keep the following | ||||||
33 | records relating to that transaction: | ||||||
34 | (1) the name, address and telephone number of each | ||||||
35 | third party client, including each worksite, to which day |
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1 | or temporary laborers were sent by the agency and the date | ||||||
2 | of the transaction; | ||||||
3 | (2) for each day or temporary laborer: the name and | ||||||
4 | address, the specific location sent to work, the type of | ||||||
5 | work performed, the number of hours worked, the hourly rate | ||||||
6 | of pay and the date sent; | ||||||
7 | (3) the name and title of the individual or individuals | ||||||
8 | at each third party client's place of business responsible | ||||||
9 | for the transaction; | ||||||
10 | (4) any specific qualifications or attributes of a day | ||||||
11 | or temporary laborer, requested by each third party client; | ||||||
12 | (5) copies of all contracts, if any, with the third | ||||||
13 | party client and copies of all invoices for the third party | ||||||
14 | client; | ||||||
15 | (6) copies of all employment notices provided in | ||||||
16 | accordance with subsection (a) of Section 10; | ||||||
17 | (7) deductions to be made from each day or temporary | ||||||
18 | laborer's compensation made by either the third party | ||||||
19 | client or by the day and temporary labor service agency for | ||||||
20 | the day or temporary laborer's transportation, food, | ||||||
21 | equipment, withheld income tax, withheld social security | ||||||
22 | payments and every other deduction; | ||||||
23 | (8) verification of the actual cost of any equipment or | ||||||
24 | meal charged to a day or temporary laborer; | ||||||
25 | (9) the race and gender of each day or temporary | ||||||
26 | laborer sent by the day and temporary labor service agency, | ||||||
27 | as provided by the day or temporary laborer;
and | ||||||
28 | (10) any additional information required by rules | ||||||
29 | issued by the Department. | ||||||
30 | (b) The day and temporary labor service agency shall | ||||||
31 | maintain all records under this Section for a period of 3 years | ||||||
32 | from their creation. The records shall be open to inspection by | ||||||
33 | the Department during normal business hours. Records described | ||||||
34 | in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | ||||||
35 | (a) shall be available for review or copying by that day or | ||||||
36 | temporary laborer during normal business hours within 5 days |
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1 | following a written request. In addition, a day and temporary | ||||||
2 | labor service agency shall make records related to the number | ||||||
3 | of hours billed to a third party client for that individual day | ||||||
4 | or temporary laborer's hours of work available for review or | ||||||
5 | copying during normal business hours within 5 days following a | ||||||
6 | written request. The day and temporary labor service agency | ||||||
7 | shall make forms, in duplicate, for such requests available to | ||||||
8 | day or temporary laborers at the dispatch office. The day or | ||||||
9 | temporary laborer shall be given a copy of the request form. It | ||||||
10 | is a violation of this Section to make any false, inaccurate or | ||||||
11 | incomplete entry into any record required by this Section, or | ||||||
12 | to delete required information from any such record.
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13 | (820 ILCS 175/15)
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14 | Sec. 15. Meals. A day and temporary labor service agency or | ||||||
15 | a
third party
client
employer shall not charge a day or | ||||||
16 | temporary laborer for any meal not consumed by the day and | ||||||
17 | temporary laborer and, if consumed, no more than the
actual | ||||||
18 | cost of a meal.
In no case shall the purchase of a meal be a | ||||||
19 | condition of employment for a
day or temporary laborer.
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20 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
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21 | (820 ILCS 175/20)
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22 | Sec. 20. Transportation. | ||||||
23 | (a) A day and temporary labor service
agency or a third
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24 | party client or a contractor or agent of either
employer shall | ||||||
25 | charge no fee
more than the actual cost to transport a
day or | ||||||
26 | temporary
laborer to or from the designated work site . | ||||||
27 | (b) A day and temporary labor service agency is responsible | ||||||
28 | for the conduct and performance of any person who transports a | ||||||
29 | day or temporary laborer from the agency to a work site, unless | ||||||
30 | the transporter is: (1) a public mass transportation system as | ||||||
31 | defined in Section 2 of the Local Mass Transit District Act; | ||||||
32 | (2) a common carrier; (3) the day or temporary laborer | ||||||
33 | providing his or her own transportation; or (4) selected | ||||||
34 | exclusively by and at the sole choice of the day or temporary |
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1 | laborer for transportation in a vehicle not owned or operated | ||||||
2 | by the day and temporary labor service agency. If any day and | ||||||
3 | temporary labor service agency provides transportation to a day | ||||||
4 | or temporary laborer or refers a day or temporary laborer as | ||||||
5 | provided in subsection (c), the day and temporary labor service | ||||||
6 | agency may not allow a motor vehicle to be used for the | ||||||
7 | transporting of day or temporary laborers if the agency knows | ||||||
8 | or should know that the motor vehicle used for the | ||||||
9 | transportation of day or temporary laborers is unsafe or not | ||||||
10 | equipped as required by this Act or by any rule adopted under | ||||||
11 | this Act, unless the vehicle is: (1) the property of a public | ||||||
12 | mass transportation system as defined in Section 2 of the Local | ||||||
13 | Mass Transit District Act; (2) the property of a common | ||||||
14 | carrier; (3) the day or temporary laborer's personal vehicle; | ||||||
15 | or (4) a vehicle of a day or temporary laborer used to carpool | ||||||
16 | other day or temporary laborers and which is selected | ||||||
17 | exclusively by and at the sole choice of the day or temporary | ||||||
18 | laborer for transportation. | ||||||
19 | (c) A day and temporary labor service agency may not refer | ||||||
20 | a day or temporary laborer to any person for transportation to | ||||||
21 | a work site unless that person is (1) a public mass | ||||||
22 | transportation system as defined in Section 2 of the Local Mass | ||||||
23 | Transit District Act or (2) providing the transportation at no | ||||||
24 | fee. Directing the day or temporary laborer to accept a | ||||||
25 | specific car pool as a condition of work shall be considered a | ||||||
26 | referral by the day and temporary labor service agency. Any | ||||||
27 | mention or discussion of the cost of a car pool shall be | ||||||
28 | considered a referral by the agency. Informing a day or | ||||||
29 | temporary laborer of the availability of a car pool driven by | ||||||
30 | another day or temporary laborer shall not be considered a | ||||||
31 | referral by the agency. | ||||||
32 | (d)
; however, the total cost to each
day or temporary | ||||||
33 | laborer shall not exceed 3% of the
day or temporary laborer's | ||||||
34 | daily wages. Any
motor vehicle that is owned or operated by the | ||||||
35 | day
and temporary labor service agency or a
third party client
| ||||||
36 | employer , or a contractor or agent of either, or to which a day |
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1 | and temporary labor service agency refers a day or temporary | ||||||
2 | laborer, which is used for the
transportation of day or | ||||||
3 | temporary laborers shall have proof of
financial | ||||||
4 | responsibility as
provided for in Chapter 8 of the Illinois | ||||||
5 | Vehicle Code or as required by Department rules. The driver of | ||||||
6 | the vehicle shall hold a valid license to operate motor | ||||||
7 | vehicles in the correct classification and shall be required to | ||||||
8 | produce the license immediately upon demand by the Department, | ||||||
9 | its inspectors or deputies, or any other person authorized to | ||||||
10 | enforce this Act. The Department shall forward a violation of | ||||||
11 | this subsection to the appropriate law enforcement authorities | ||||||
12 | or regulatory agencies, whichever is applicable .
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13 | (e) No motor vehicle that is owned or operated by the day | ||||||
14 | and temporary labor service agency or a third party client, or | ||||||
15 | a contractor or agent of either, or to which a day and | ||||||
16 | temporary labor service agency refers a day or temporary | ||||||
17 | laborer, which is used for the transportation of day or | ||||||
18 | temporary laborers may be operated if it does not have a seat | ||||||
19 | and a safety belt for each passenger. The Department shall | ||||||
20 | forward a violation of this subsection to the appropriate law | ||||||
21 | enforcement authorities or regulatory agencies, whichever is | ||||||
22 | applicable.
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23 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
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24 | (820 ILCS 175/25)
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25 | Sec. 25. Day or temporary laborer equipment. For any safety
| ||||||
26 | equipment,
clothing, accessories, or any other items required | ||||||
27 | by the nature of the work,
either by law, custom, or as a | ||||||
28 | requirement of the third party client
employer , the
day and | ||||||
29 | temporary labor service agency or the third party client
| ||||||
30 | employer
may charge the day
or temporary laborer the market | ||||||
31 | value of the item temporarily provided to
the day or temporary | ||||||
32 | laborer
by the third party client
employer if the day or | ||||||
33 | temporary laborer fails
to return such
items to the third party | ||||||
34 | client
employer or the day and temporary labor
service agency. | ||||||
35 | For any
other equipment, clothing, accessories, or any other |
| |||||||
| |||||||
1 | items the
day and temporary labor
service agency makes | ||||||
2 | available for purchase, the day or temporary
laborer shall not | ||||||
3 | be
charged more than the actual market value for the item.
| ||||||
4 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| ||||||
5 | (820 ILCS 175/30)
| ||||||
6 | Sec. 30. Wage Payment and Notice .
| ||||||
7 | (a) At the time of the
payment of wages, a day and | ||||||
8 | temporary
labor service agency
shall provide each day or | ||||||
9 | temporary laborer with a detailed
an
itemized
statement , on the | ||||||
10 | day or temporary laborer's paycheck stub or on a form approved | ||||||
11 | by the Department, listing the following: | ||||||
12 | (1) the name, address, and telephone number of each | ||||||
13 | third party client at which the day or temporary laborer | ||||||
14 | worked. If this information is provided on the day or | ||||||
15 | temporary laborer's paycheck stub, a code for each third | ||||||
16 | party client may be used so long as the required | ||||||
17 | information for each coded third party client is made | ||||||
18 | available to the day or temporary laborer; | ||||||
19 | (2) the number of hours worked by the day or temporary | ||||||
20 | laborer at each third party client each day during the pay | ||||||
21 | period; | ||||||
22 | (3) the rate of payment for each hour worked, including | ||||||
23 | any premium rate or bonus; | ||||||
24 | (4) the total pay period earnings; | ||||||
25 | (5) all deductions made from the day or temporary | ||||||
26 | laborer's compensation made either by the third party | ||||||
27 | client or by the day and temporary labor service agency, | ||||||
28 | and the purpose for which deductions were made, including | ||||||
29 | for the day or temporary laborer's transportation, food, | ||||||
30 | equipment, withheld income tax, withheld social security | ||||||
31 | payments, and every other deduction; and | ||||||
32 | (6) any additional information required by rules | ||||||
33 | issued by the Department
showing in detail
each deduction | ||||||
34 | made from the wages .
| ||||||
35 | (a-1) For each day or temporary laborer who is contracted |
| |||||||
| |||||||
1 | to work a single day, the third party client shall, at the end | ||||||
2 | of the work day, provide such day or temporary laborer with a | ||||||
3 | Work Verification Form, approved by the Department, which shall | ||||||
4 | contain the date, the day or temporary laborer's name, the work | ||||||
5 | location, and the hours worked on that day. Any third party | ||||||
6 | client who violates this subsection (a-1) may be subject to a | ||||||
7 | civil penalty not to exceed $500 for each violation found by | ||||||
8 | the Department. Such civil penalty may increase to $2,500 for a | ||||||
9 | second or subsequent violation. For purposes of this subsection | ||||||
10 | (a-1), each violation of this subsection (a-1) for each day or | ||||||
11 | temporary laborer and for each day the violation continues | ||||||
12 | shall constitute a separate and distinct violation.
| ||||||
13 | (b) A day and temporary labor service agency shall provide | ||||||
14 | each
worker an annual
earnings summary within a reasonable time | ||||||
15 | after the preceding calendar
year, but in no case later than | ||||||
16 | February 1. A day and temporary
labor service agency shall,
at | ||||||
17 | the time of each wage payment, give notice to day or temporary | ||||||
18 | laborers
of the
availability of the annual earnings summary or | ||||||
19 | post such a notice in a
conspicuous place in the public | ||||||
20 | reception area.
| ||||||
21 | (c) At the request of a day or temporary
laborer, a day and | ||||||
22 | temporary labor service agency shall
hold the daily wages of | ||||||
23 | the day or temporary laborer and make
either weekly , bi-weekly, | ||||||
24 | or semi-monthly
payments. The wages shall be paid in a single | ||||||
25 | check , or, at the day or temporary laborer's sole option, by | ||||||
26 | direct deposit or other manner approved by the Department, | ||||||
27 | representing
the wages earned during the period, either weekly , | ||||||
28 | bi-weekly, or semi-monthly,
designated by the day or temporary | ||||||
29 | laborer in accordance with the
Illinois Wage Payment
and | ||||||
30 | Collection Act. Vouchers or any other method of payment which | ||||||
31 | is not generally negotiable shall be prohibited as a method of | ||||||
32 | payment of wages. Day and temporary labor service agencies that
| ||||||
33 | make daily wage
payments shall provide written notification to | ||||||
34 | all day or temporary
laborers of the right to
request weekly , | ||||||
35 | bi-weekly, or semi-monthly checks. The day and temporary
labor | ||||||
36 | service agency may
provide this notice by conspicuously posting |
| |||||||
| |||||||
1 | the notice at the location
where the wages are received by the | ||||||
2 | day or temporary laborers.
| ||||||
3 | (d) No day and temporary labor service agency shall charge | ||||||
4 | any
day or temporary laborer for
cashing a check issued by the | ||||||
5 | agency for wages earned by a
day or temporary laborer who
| ||||||
6 | performed work through that agency.
| ||||||
7 | (e) Day or temporary laborers shall be paid no less than | ||||||
8 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
9 | this Act for all the work performed on
behalf of the third | ||||||
10 | party client
employer in addition to the work listed in the
| ||||||
11 | written description.
| ||||||
12 | (f) The total amount deducted for meals, equipment, and | ||||||
13 | transportation may not cause a day or temporary laborer's | ||||||
14 | hourly wage to fall below the State or federal minimum wage. | ||||||
15 | However, a day and temporary labor service agency may deduct | ||||||
16 | the actual market value of reusable equipment provided to the | ||||||
17 | day or temporary laborer by the day and temporary labor service | ||||||
18 | agency which the day or temporary laborer fails to return, if | ||||||
19 | the day or temporary laborer provides a written authorization | ||||||
20 | for such deduction at the time the deduction is made. | ||||||
21 | (g) A day or temporary laborer who is contracted by a day | ||||||
22 | and temporary labor service agency to work at a third party | ||||||
23 | client's worksite but is not utilized by the third party client | ||||||
24 | shall be paid by the day and temporary labor service agency for | ||||||
25 | a minimum of 4 hours of pay at the agreed upon rate of pay. | ||||||
26 | However, in the event the day and temporary labor service | ||||||
27 | agency contracts the day or temporary laborer to work at | ||||||
28 | another location during the same shift, the day or temporary | ||||||
29 | laborer shall be paid by the day and temporary labor service | ||||||
30 | agency for a minimum of 2 hours of pay at the agreed upon rate | ||||||
31 | of pay.
| ||||||
32 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| ||||||
33 | (820 ILCS 175/35)
| ||||||
34 | Sec. 35. Public Access Area. Each day and temporary labor
| ||||||
35 | service agency shall
provide adequate seating in the public |
| |||||||
| |||||||
1 | access area of the offices of the
agency. The public access | ||||||
2 | area shall be the location for the employment
and wage notices | ||||||
3 | required by Section 45
10 of this Act and any other State or | ||||||
4 | federally mandated posting . The public access area
shall allow | ||||||
5 | for access to restrooms and water.
| ||||||
6 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| ||||||
7 | (820 ILCS 175/40)
| ||||||
8 | Sec. 40. Work Restriction. No day and temporary labor | ||||||
9 | service
agency shall
restrict the right of a day or temporary | ||||||
10 | laborer to accept a
permanent position with a third
party | ||||||
11 | client
employer to whom the day or temporary laborer has been
| ||||||
12 | referred for
work or restrict the right of such third party | ||||||
13 | client
employer to offer such
employment to a day or temporary | ||||||
14 | laborer. A day and temporary labor service agency may charge a | ||||||
15 | placement fee to a third party client for employing a day or | ||||||
16 | temporary laborer for whom a contract for work was effected by | ||||||
17 | the day and temporary labor service agency not to exceed the | ||||||
18 | equivalent of the total daily commission rate the day and | ||||||
19 | temporary labor service agency would have received over a | ||||||
20 | 60-day period, reduced by the equivalent of the daily | ||||||
21 | commission rate the day and temporary labor service agency | ||||||
22 | would have received for each day the day or temporary laborer | ||||||
23 | has performed work for the day and temporary labor service | ||||||
24 | agency in the preceding 12 months. Days worked at a day and | ||||||
25 | temporary labor service agency in the 12 months preceding the | ||||||
26 | effective date of this amendatory Act of the 94th General | ||||||
27 | Assembly
shall be included for purposes of calculating the | ||||||
28 | maximum placement fee described in this Section. However, | ||||||
29 | placement of a day or temporary laborer who is contracted by a | ||||||
30 | day and temporary labor service agency to provide skilled labor | ||||||
31 | shall not be subject to any placement fee cap. For purposes of | ||||||
32 | this Section, a day or temporary laborer who performs "skilled | ||||||
33 | labor" shall apply only where the day and temporary labor | ||||||
34 | service agency performs an advanced application process, a | ||||||
35 | screening process, which may include processes such as advanced |
| |||||||
| |||||||
1 | testing, and a job interview. No fee provided for under this | ||||||
2 | Section may be assessed or collected by the day and temporary | ||||||
3 | labor service agency when the day or temporary laborer is | ||||||
4 | offered permanent work following the suspension or revocation | ||||||
5 | of the day and temporary labor service agency's registration by | ||||||
6 | the Department.
Nothing
in this Section
shall restrict a day | ||||||
7 | and temporary labor service
agency
from receiving a placement | ||||||
8 | fee
from the third party employer for
employing a day or | ||||||
9 | temporary laborer for whom a contract for work
was
effected by | ||||||
10 | the day and temporary labor service agency.
| ||||||
11 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| ||||||
12 | (820 ILCS 175/45)
| ||||||
13 | Sec. 45. Registration; Department of Labor. | ||||||
14 | (a) A day and temporary
labor service
agency which is | ||||||
15 | located, operates or transacts business within this State shall | ||||||
16 | register with the Department of Labor in accordance with rules
| ||||||
17 | adopted by the Department for day and temporary labor service
| ||||||
18 | agencies and shall be subject to this Act and any rules adopted | ||||||
19 | under this Act
that operate
within the State . Each day and | ||||||
20 | temporary labor service agency shall provide proof of an | ||||||
21 | employer account number issued by the Department of Employment | ||||||
22 | Security for the payment of unemployment insurance | ||||||
23 | contributions as required under the Unemployment Insurance | ||||||
24 | Act, and proof of valid workers' compensation insurance in | ||||||
25 | effect at the time of registration covering all of its | ||||||
26 | employees. If, at any time, a day and temporary labor service | ||||||
27 | agency's workers' compensation insurance coverage lapses, the | ||||||
28 | agency shall have an affirmative duty to report the lapse of | ||||||
29 | such coverage to the Department and the agency's registration | ||||||
30 | shall be suspended until the agency's workers' compensation | ||||||
31 | insurance is reinstated. The Department may assess each day and | ||||||
32 | temporary labor service agency a non-refundable
registration | ||||||
33 | fee
not exceeding $1,000
$250 per year per agency and a | ||||||
34 | non-refundable fee not to exceed $250 for each branch office or | ||||||
35 | other location where the agency regularly contracts with day or |
| |||||||
| |||||||
1 | temporary laborers for services . The fee may be paid by check | ||||||
2 | or money order
and the Department may not refuse to accept a | ||||||
3 | check on the basis that it is
not a certified check or a | ||||||
4 | cashier's check. The Department may charge an
additional fee to | ||||||
5 | be paid by a day and temporary labor service
an agency if the | ||||||
6 | agency, or any person on the
agency's behalf, issues or | ||||||
7 | delivers a check to the Department that is not
honored by the | ||||||
8 | financial institution upon which it is drawn. The Department
| ||||||
9 | shall also adopt rules
for violation
hearings and penalties for | ||||||
10 | violations of this Act or the Department's rules
in conjunction | ||||||
11 | with the fines and penalties set forth in this Act. | ||||||
12 | (b) It is a violation of this Act to operate a day and | ||||||
13 | temporary labor service agency without first registering with | ||||||
14 | the Department in accordance with subsection (a) of this | ||||||
15 | Section. The Department shall create and maintain at regular | ||||||
16 | intervals on its website, accessible to the public: (1) a list | ||||||
17 | of all registered day and temporary labor service agencies in | ||||||
18 | the State whose registration is in good standing; (2) a list of | ||||||
19 | day and temporary labor service agencies in the State whose | ||||||
20 | registration has been suspended, including the reason for the | ||||||
21 | suspension, the date the suspension was initiated, and the | ||||||
22 | date, if known, the suspension is to be lifted; and (3) a list | ||||||
23 | of day and temporary labor service agencies in the State whose | ||||||
24 | registration has been revoked, including the reason for the | ||||||
25 | revocation and the date the registration was revoked. The | ||||||
26 | Department has the authority to assess a penalty against any | ||||||
27 | day and temporary labor service agency that fails to register | ||||||
28 | with the Department of Labor in accordance with this Act or any | ||||||
29 | rules adopted under this Act of $500 for each violation. Each | ||||||
30 | day during which a day and temporary labor service agency | ||||||
31 | operates without registering with the Department shall be a | ||||||
32 | separate and distinct violation of this Act. | ||||||
33 | (c) An applicant is not eligible to register to operate a | ||||||
34 | day and temporary labor service agency under this Act if the | ||||||
35 | applicant or any of its officers, directors, partners, or | ||||||
36 | managers or any owner of 25% or greater beneficial interest: |
| |||||||
| |||||||
1 | (1) has been involved, as owner, officer, director, | ||||||
2 | partner, or manager, of any day and temporary labor service | ||||||
3 | agency whose registration has been revoked or has been | ||||||
4 | suspended without being reinstated within the 5 years | ||||||
5 | immediately preceding the filing of the application; or | ||||||
6 | (2) is under the age of 18. | ||||||
7 | (d) Every agency shall post and keep posted at each | ||||||
8 | location, in a position easily accessible to all employees, | ||||||
9 | notices as supplied and required by the Department containing a | ||||||
10 | copy or summary of the provisions of the Act and
The Department | ||||||
11 | shall cause to be posted in each agency
a notice which informs
| ||||||
12 | the public of a toll-free telephone number for day or temporary | ||||||
13 | laborers
and the public to
file wage dispute complaints and | ||||||
14 | other alleged violations by
day and temporary labor service
| ||||||
15 | agencies. Such notices shall be in English or any other | ||||||
16 | language generally understood in the locale of the day and | ||||||
17 | temporary labor service agency.
| ||||||
18 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| ||||||
19 | (820 ILCS 175/50)
| ||||||
20 | Sec. 50. Violations. The Department shall have the | ||||||
21 | authority
to deny, suspend , or
revoke the registration of a day | ||||||
22 | and temporary labor service
agency if warranted by public
| ||||||
23 | health and safety concerns or violations of this Act.
| ||||||
24 | (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| ||||||
25 | (820 ILCS 175/55)
| ||||||
26 | Sec. 55. Enforcement. It shall be the duty of the | ||||||
27 | Department to enforce
the
provisions
of this Act. The | ||||||
28 | Department shall have the power to conduct investigations in
| ||||||
29 | connection with
the administration and enforcement of this Act | ||||||
30 | and any investigator with the
Department shall be
authorized to | ||||||
31 | visit and inspect, at all reasonable times, any places covered | ||||||
32 | by
this Act and shall be authorized to inspect, at all | ||||||
33 | reasonable times,
contracts for the employment of all day or | ||||||
34 | temporary laborers entered into by
a third party client
|
| |||||||
| |||||||
1 | employer if the Department has received a
complaint indicating | ||||||
2 | that the third party client
employer may have contracted with a
| ||||||
3 | day and
temporary labor service agency that is not registered | ||||||
4 | under this Act.
The
Department shall conduct hearings in | ||||||
5 | accordance with the Illinois
Administrative Procedure Act
upon | ||||||
6 | written complaint by an investigator of the Department or any
| ||||||
7 | interested
person of a violation of the Act. After the hearing, | ||||||
8 | if supported by the
evidence, the
Department may (i) issue and | ||||||
9 | cause to be served on any party an order to cease
and desist
| ||||||
10 | from further violation of the Act, (ii) take affirmative or | ||||||
11 | other action as
deemed reasonable
to eliminate the effect of | ||||||
12 | the violation, (iii) deny, suspend, or revoke any
registration | ||||||
13 | under
this Act, and (iv) determine the amount of any civil | ||||||
14 | penalty allowed by the
Act. The Director of
Labor or his or her | ||||||
15 | representative may compel, by subpoena, the attendance and
| ||||||
16 | testimony of
witnesses and the production of books, payrolls, | ||||||
17 | records, papers, and other
evidence in any
investigation or | ||||||
18 | hearing and may administer oaths to witnesses ; however,
| ||||||
19 | proprietary lists of a day and temporary labor service
agency | ||||||
20 | are not subject to subpoena . Nothing in
this Act applies to | ||||||
21 | labor or employment of a clerical or professional nature.
| ||||||
22 | (Source: P.A. 92-783, eff. 1-1-03; 93-441, eff. 1-1-04.)
| ||||||
23 | (820 ILCS 175/70)
| ||||||
24 | Sec. 70. Penalties. | ||||||
25 | (a) A day and temporary labor service agency that
violates | ||||||
26 | any
of the provisions of this Act or any rule adopted under | ||||||
27 | this Act
concerning registration, transportation,
equipment, | ||||||
28 | meals, wages, or waiting rooms shall be subject to a civil | ||||||
29 | penalty
not to exceed $6,000
$500 for
any violations found in | ||||||
30 | the first audit by the
Department . Following a first audit, a | ||||||
31 | day and temporary labor service agency shall be subject to a | ||||||
32 | civil penalty
and not to
exceed $2,500
$5,000 for each repeat | ||||||
33 | violation
any
violations found
in the second audit by the | ||||||
34 | Department within 3 years. For purposes of this subsection, | ||||||
35 | each violation of this Act for each day or temporary laborer |
| |||||||
| |||||||
1 | and for each day the violation continues shall constitute a | ||||||
2 | separate and distinct violation .
For any violations
that are | ||||||
3 | found in a third audit by the Department that are within 7 | ||||||
4 | years of
the earlier
violations, the
Department may revoke the | ||||||
5 | registration of the
violator. In determining the amount of a | ||||||
6 | penalty, the Director shall
consider the appropriateness of the | ||||||
7 | penalty to the
day and temporary labor service agency charged, | ||||||
8 | upon the determination of the
gravity of the violations. For | ||||||
9 | any violation determined by the Department to be willful which | ||||||
10 | is within 3 years of an earlier violation, the Department may | ||||||
11 | revoke the registration of the violator. The
amount of the | ||||||
12 | penalty, when finally determined, may be:
| ||||||
13 | (1) Recovered in a civil action brought by the Director | ||||||
14 | of Labor in any
circuit court. In this litigation, the | ||||||
15 | Director of Labor shall be represented
by the Attorney | ||||||
16 | General.
| ||||||
17 | (2) Ordered by the court, in an action brought by any | ||||||
18 | party for a
violation under this Act,
to
be paid to the | ||||||
19 | Director of Labor.
| ||||||
20 | (b) The Department shall adopt rules for violation hearings | ||||||
21 | and penalties for violations of this Act or the Department's | ||||||
22 | rules in conjunction with the penalties set forth in this Act.
| ||||||
23 | Any administrative determination by the Department as to | ||||||
24 | the amount of each
penalty shall be final unless reviewed as | ||||||
25 | provided in Section 60 of this Act.
| ||||||
26 | (Source: P.A. 92-783, eff. 1-1-03.)
| ||||||
27 | (820 ILCS 175/75)
| ||||||
28 | Sec. 75. Willful violations. | ||||||
29 | (a) Whoever willfully violates any of the
provisions
of | ||||||
30 | this Act
or any rule adopted under this Act, or whoever | ||||||
31 | obstructs the Department of
Labor,
its inspectors
or deputies, | ||||||
32 | or any other person authorized to inspect places of employment
| ||||||
33 | under this Act shall
be liable for penalties up to double the | ||||||
34 | statutory amount.
| ||||||
35 | (b) Whoever willfully violates any of the provisions of |
| |||||||
| |||||||
1 | this Act or any rule adopted under this Act which results in an | ||||||
2 | underpayment to a day or temporary laborer shall be liable to | ||||||
3 | the Department for up to 20% of the day and temporary labor | ||||||
4 | service agency's or the third party client's total underpayment | ||||||
5 | and shall also be liable to the employee for punitive damages | ||||||
6 | in the amount of 2% of the amount of any such underpayments for | ||||||
7 | each month following the date of payment during which the | ||||||
8 | underpayments remain unpaid. | ||||||
9 | (c) The Director may promulgate rules for the collection of | ||||||
10 | these penalties. The penalty shall be imposed in cases in which | ||||||
11 | a day and temporary labor service agency's or a third party | ||||||
12 | client's conduct is proven by a preponderance of the evidence | ||||||
13 | to be willful. The penalty may be recovered in a civil action | ||||||
14 | brought by the Director of Labor in any circuit court. In any | ||||||
15 | such action, the Director of Labor shall be represented by the | ||||||
16 | Attorney General.
guilty of a Class A misdemeanor. Each day | ||||||
17 | during which a violation of this
Act continues
shall constitute | ||||||
18 | a separate and distinct offense, and the employment of any
| ||||||
19 | person in violation of
the Act shall, with respect to each | ||||||
20 | person so employed, constitute a separate
and distinct
offense. | ||||||
21 | Whenever, in the opinion of the Department, a violation of the
| ||||||
22 | Act has
occurred, the Department shall report the violation to | ||||||
23 | the Attorney General of
this State
who shall have authority to | ||||||
24 | prosecute all
reported violations.
| ||||||
25 | (Source: P.A. 92-783, eff. 1-1-03.)
| ||||||
26 | (820 ILCS 175/85)
| ||||||
27 | Sec. 85. Third party clients
employers . | ||||||
28 | (a) It is a violation of this Act for a third party client | ||||||
29 | to enter into a contract
Third party employers are prohibited | ||||||
30 | from
entering into contracts for the employment of
day or | ||||||
31 | temporary laborers with any day and temporary labor service | ||||||
32 | agency
not registered under Section 45 of this Act.
A third | ||||||
33 | party client has a duty to verify a day and temporary labor | ||||||
34 | service agency's status with the Department before entering | ||||||
35 | into a contract with such an agency, and on March 1 and |
| |||||||
| |||||||
1 | September 1 of each year. A day and temporary labor service | ||||||
2 | agency shall be required to provide each of its third party | ||||||
3 | clients with proof of valid registration issued by the | ||||||
4 | Department at the time of entering into a contract. A day and | ||||||
5 | temporary labor service agency shall be required to notify, | ||||||
6 | both by telephone and in writing, each day or temporary laborer | ||||||
7 | it employs and each third party client with whom it has a | ||||||
8 | contract within 24 hours of any denial, suspension, or | ||||||
9 | revocation of its registration by the Department. All contracts | ||||||
10 | between any day and temporary labor service agency and any | ||||||
11 | third party client shall be considered null and void from the | ||||||
12 | date any such denial, suspension, or revocation of registration | ||||||
13 | becomes effective and until such time as the day and temporary | ||||||
14 | labor service agency becomes registered and considered in good | ||||||
15 | standing by the Department as provided in Section 50 and | ||||||
16 | Section 55. Upon request, the Department shall provide to a | ||||||
17 | third party client
employer a list
of entities registered as | ||||||
18 | day and temporary labor service agencies. The
Department shall
| ||||||
19 | provide on the Internet a list of entities registered as day | ||||||
20 | and temporary
labor service agencies. A third party client may | ||||||
21 | rely on information provided by the Department or maintained on | ||||||
22 | the Department's website pursuant to Section 45 of this Act and | ||||||
23 | shall be held harmless if such information maintained or | ||||||
24 | provided by the Department was inaccurate. Any third party | ||||||
25 | client that violates this provision of the Act is subject to a | ||||||
26 | civil penalty not to exceed $500. Each day during which a third | ||||||
27 | party client contracts with a day and temporary labor service | ||||||
28 | agency not registered under Section 45 of this Act shall | ||||||
29 | constitute a separate and distinct offense.
| ||||||
30 | (b) If a third party client leases or contracts with a day | ||||||
31 | and temporary service agency for the services of a day or | ||||||
32 | temporary laborer, the third party client shall share all legal | ||||||
33 | responsibility and liability for the payment of wages under the | ||||||
34 | Illinois Wage Payment and Collection Act and the Minimum Wage | ||||||
35 | Law.
| ||||||
36 | (Source: P.A. 93-441, eff. 1-1-04.)
|
| |||||||
| |||||||
1 | (820 ILCS 175/90 new)
| ||||||
2 | Sec. 90. Retaliation. | ||||||
3 | (a) Prohibition. It is a violation of this Act for a day | ||||||
4 | and temporary labor service agency or third party client, or | ||||||
5 | any agent of a day and temporary labor service agency or third | ||||||
6 | party client, to retaliate through discharge or in any other | ||||||
7 | manner against any day or temporary laborer for exercising any | ||||||
8 | rights granted under this Act. Such retaliation shall subject a | ||||||
9 | day and temporary labor service agency or third party client, | ||||||
10 | or both, to civil penalties pursuant to this Act or a private | ||||||
11 | cause of action. | ||||||
12 | (b) Protected Acts from Retaliation. It is a violation of | ||||||
13 | this Act for a day and temporary labor service agency or third | ||||||
14 | party client to retaliate against a day or temporary laborer | ||||||
15 | for: | ||||||
16 | (1) making a complaint to a day and temporary labor | ||||||
17 | service agency, to a third party client, to a co-worker, to | ||||||
18 | a community organization, before a public hearing, or to a | ||||||
19 | State or federal agency that rights guaranteed under this | ||||||
20 | Act have been violated; | ||||||
21 | (2) causing to be instituted any proceeding under or | ||||||
22 | related to this Act; or | ||||||
23 | (3) testifying or preparing to testify in an | ||||||
24 | investigation or proceeding under this Act. | ||||||
25 | (820 ILCS 175/95 new)
| ||||||
26 | Sec. 95. Private Right of Action. | ||||||
27 | (a) A person aggrieved by a violation of this Act or any | ||||||
28 | rule adopted under this Act by a day and temporary labor | ||||||
29 | service agency or a third party client may file suit in circuit | ||||||
30 | court of Illinois, in the county where the alleged offense | ||||||
31 | occurred or where any day or temporary laborer who is party to | ||||||
32 | the action resides, without regard to exhaustion of any | ||||||
33 | alternative administrative remedies provided in this Act. | ||||||
34 | Actions may be brought by one or more day or temporary laborers |
| |||||||
| |||||||
1 | for and on behalf of themselves and other day or temporary | ||||||
2 | laborers similarly situated. A day or temporary laborer whose | ||||||
3 | rights have been violated under this Act by a day and temporary | ||||||
4 | labor service agency or a third party client is entitled to | ||||||
5 | collect: | ||||||
6 | (1) in the case of a wage and hour violation, the | ||||||
7 | amount of any wages, salary, employment benefits, or other | ||||||
8 | compensation denied or lost to the day or temporary laborer | ||||||
9 | by reason of the violation, plus an equal amount in | ||||||
10 | liquidated damages; | ||||||
11 | (2) in the case of a health and safety or notice | ||||||
12 | violation, compensatory damages and an amount up to $500 | ||||||
13 | for the violation of each subpart of each Section; | ||||||
14 | (3) in the case of unlawful retaliation, all legal or | ||||||
15 | equitable relief as may be appropriate; and | ||||||
16 | (4) attorney's fees and costs. | ||||||
17 | (b) The right of an aggrieved person to bring an action | ||||||
18 | under this Section terminates upon the passing of 3 years from | ||||||
19 | the final date of employment by the day and temporary labor | ||||||
20 | agency or the third party client. This limitations period is | ||||||
21 | tolled if a day labor employer has deterred a day or temporary | ||||||
22 | laborer's exercise of rights under this Act by contacting or | ||||||
23 | threatening to contact law enforcement agencies. | ||||||
24 | (820 ILCS 175/97 new)
| ||||||
25 | Sec. 97. Severability. Should one or more of the provisions | ||||||
26 | of this Act be held invalid, such invalidity shall not affect | ||||||
27 | any of the valid provisions hereof.
|