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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 Day and Temporary Labor Services Act is | |||||||||||||||||||||
5 | amended by changing Sections 20 and 30 as follows:
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6 | (820 ILCS 175/20)
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7 | Sec. 20. Transportation. | |||||||||||||||||||||
8 | (a) A day and temporary labor service
agency or a third
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9 | party client or a contractor or agent of either may
shall | |||||||||||||||||||||
10 | charge a
no fee to transport a
day or temporary
laborer to or | |||||||||||||||||||||
11 | from the designated work site of up to 4% of the straight time | |||||||||||||||||||||
12 | daily wages earned for transportation to a work site and 4% of | |||||||||||||||||||||
13 | the straight time daily wages earned for transportation from | |||||||||||||||||||||
14 | the work site back to the agency's office . | |||||||||||||||||||||
15 | (b) A day and temporary labor service agency is responsible | |||||||||||||||||||||
16 | for the conduct and performance of any person who transports a | |||||||||||||||||||||
17 | day or temporary laborer from the agency to a work site, unless | |||||||||||||||||||||
18 | the transporter is: (1) a public mass transportation system as | |||||||||||||||||||||
19 | defined in Section 2 of the Local Mass Transit District Act; | |||||||||||||||||||||
20 | (2) a common carrier; (3) the day or temporary laborer | |||||||||||||||||||||
21 | providing his or her own transportation; or (4) selected | |||||||||||||||||||||
22 | exclusively by and at the sole choice of the day or temporary | |||||||||||||||||||||
23 | laborer for transportation in a vehicle not owned or operated |
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1 | by the day and temporary labor service agency. If any day and | ||||||
2 | temporary labor service agency provides transportation to a day | ||||||
3 | or temporary laborer or refers a day or temporary laborer as | ||||||
4 | provided in subsection (c), the day and temporary labor service | ||||||
5 | agency may not allow a motor vehicle to be used for the | ||||||
6 | transporting of day or temporary laborers if the agency knows | ||||||
7 | or should know that the motor vehicle used for the | ||||||
8 | transportation of day or temporary laborers is unsafe or not | ||||||
9 | equipped as required by this Act or by any rule adopted under | ||||||
10 | this Act, unless the vehicle is: (1) the property of a public | ||||||
11 | mass transportation system as defined in Section 2 of the Local | ||||||
12 | Mass Transit District Act; (2) the property of a common | ||||||
13 | carrier; (3) the day or temporary laborer's personal vehicle; | ||||||
14 | or (4) a vehicle of a day or temporary laborer used to carpool | ||||||
15 | other day or temporary laborers and which is selected | ||||||
16 | exclusively by and at the sole choice of the day or temporary | ||||||
17 | laborer for transportation. | ||||||
18 | (c) A day and temporary labor service agency may not refer | ||||||
19 | a day or temporary laborer to any person for transportation to | ||||||
20 | a work site unless that person is (1) a public mass | ||||||
21 | transportation system as defined in Section 2 of the Local Mass | ||||||
22 | Transit District Act or (2) providing the transportation for | ||||||
23 | the fee set forth in subsection (a)
at no fee . Directing the | ||||||
24 | day or temporary laborer to accept a specific car pool as a | ||||||
25 | condition of work shall be considered a referral by the day and | ||||||
26 | temporary labor service agency. Any mention or discussion of |
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1 | the cost of a car pool shall be considered a referral by the | ||||||
2 | agency. Informing a day or temporary laborer of the | ||||||
3 | availability of a car pool driven by another day or temporary | ||||||
4 | laborer shall not be considered a referral by the agency. | ||||||
5 | (d) Any
motor vehicle that is owned or operated by the day
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6 | and temporary labor service agency or a
third party client, or | ||||||
7 | a contractor or agent of either, or to which a day and | ||||||
8 | temporary labor service agency refers a day or temporary | ||||||
9 | laborer, which is used for the
transportation of day or | ||||||
10 | temporary laborers shall have proof of
financial | ||||||
11 | responsibility as
provided for in Chapter 8 of the Illinois | ||||||
12 | Vehicle Code or as required by Department rules. The driver of | ||||||
13 | the vehicle shall hold a valid license to operate motor | ||||||
14 | vehicles in the correct classification and shall be required to | ||||||
15 | produce the license immediately upon demand by the Department, | ||||||
16 | its inspectors or deputies, or any other person authorized to | ||||||
17 | enforce this Act. The Department shall forward a violation of | ||||||
18 | this subsection to the appropriate law enforcement authorities | ||||||
19 | or regulatory agencies, whichever is applicable.
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20 | (e) No motor vehicle that is owned or operated by the day | ||||||
21 | and temporary labor service agency or a third party client, or | ||||||
22 | a contractor or agent of either, or to which a day and | ||||||
23 | temporary labor service agency refers a day or temporary | ||||||
24 | laborer, which is used for the transportation of day or | ||||||
25 | temporary laborers may be operated if it does not have a seat | ||||||
26 | and a safety belt for each passenger. The Department shall |
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1 | forward a violation of this subsection to the appropriate law | ||||||
2 | enforcement authorities or regulatory agencies, whichever is | ||||||
3 | applicable.
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4 | (Source: P.A. 94-511, eff. 1-1-06.)
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5 | (820 ILCS 175/30)
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6 | Sec. 30. Wage Payment and Notice.
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7 | (a) At the time of
payment of wages, a day and temporary
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8 | labor service agency
shall provide each day or temporary | ||||||
9 | laborer with a detailed
itemized
statement, on the day or | ||||||
10 | temporary laborer's paycheck stub or on a form approved by the | ||||||
11 | 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; however, if the third party client's hours of work | ||||||
22 | report that is given to the day and temporary
labor service | ||||||
23 | agency for a laborer includes payroll information covering | ||||||
24 | more than one day in the work week, the day and temporary | ||||||
25 | labor service agency may show on the paycheck stub or other |
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1 | approved form the combined number of hours worked for that | ||||||
2 | client in the week rather than the hours worked each day; | ||||||
3 | (3) the rate of payment for each hour worked, including | ||||||
4 | any premium rate or bonus; | ||||||
5 | (4) the total pay period earnings; | ||||||
6 | (5) all deductions made from the day or temporary | ||||||
7 | laborer's compensation made either by the third party | ||||||
8 | client or by the day and temporary labor service agency, | ||||||
9 | and the purpose for which deductions were made, including | ||||||
10 | for the day or temporary laborer's transportation, food, | ||||||
11 | equipment, withheld income tax, withheld social security | ||||||
12 | payments, and every other deduction; and | ||||||
13 | (6) any additional information required by rules | ||||||
14 | issued by the Department.
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15 | (a-1) For each day or temporary laborer who is contracted | ||||||
16 | to work a single day, the third party client shall, at the end | ||||||
17 | of the work day, provide such day or temporary laborer with a | ||||||
18 | Work Verification Form, approved by the Department, which shall | ||||||
19 | contain the date, the day or temporary laborer's name, the work | ||||||
20 | location, and the hours worked on that day. Any third party | ||||||
21 | client who violates this subsection (a-1) may be subject to a | ||||||
22 | civil penalty not to exceed $500 for each violation found by | ||||||
23 | the Department. Such civil penalty may increase to $2,500 for a | ||||||
24 | second or subsequent violation. For purposes of this subsection | ||||||
25 | (a-1), each violation of this subsection (a-1) for each day or | ||||||
26 | temporary laborer and for each day the violation continues |
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1 | shall constitute a separate and distinct violation.
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2 | (b) A day and temporary labor service agency shall provide | ||||||
3 | each
worker an annual
earnings summary within a reasonable time | ||||||
4 | after the preceding calendar
year, but in no case later than | ||||||
5 | February 1. A day and temporary
labor service agency shall,
at | ||||||
6 | the time of each wage payment, give notice to day or temporary | ||||||
7 | laborers
of the
availability of the annual earnings summary or | ||||||
8 | post such a notice in a
conspicuous place in the public | ||||||
9 | reception area.
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10 | (c) At the request of a day or temporary
laborer, a day and | ||||||
11 | temporary labor service agency shall
hold the daily wages of | ||||||
12 | the day or temporary laborer and make
either weekly, bi-weekly, | ||||||
13 | or semi-monthly
payments. The wages shall be paid in a single | ||||||
14 | check, or, at the day or temporary laborer's sole option, by | ||||||
15 | direct deposit or other manner approved by the Department, | ||||||
16 | representing
the wages earned during the period, either weekly, | ||||||
17 | bi-weekly, or semi-monthly,
designated by the day or temporary | ||||||
18 | laborer in accordance with the
Illinois Wage Payment
and | ||||||
19 | Collection Act. Vouchers or any other method of payment which | ||||||
20 | is not generally negotiable shall be prohibited as a method of | ||||||
21 | payment of wages. Day and temporary labor service agencies that
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22 | make daily wage
payments shall provide written notification to | ||||||
23 | all day or temporary
laborers of the right to
request weekly, | ||||||
24 | bi-weekly, or semi-monthly checks. The day and temporary
labor | ||||||
25 | service agency may
provide this notice by conspicuously posting | ||||||
26 | the notice at the location
where the wages are received by the |
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1 | day or temporary laborers.
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2 | (d) No day and temporary labor service agency shall charge | ||||||
3 | any
day or temporary laborer for
cashing a check issued by the | ||||||
4 | agency for wages earned by a
day or temporary laborer who
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5 | performed work through that agency.
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6 | (e) Day or temporary laborers shall be paid no less than | ||||||
7 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
8 | this Act for all the work performed on
behalf of the third | ||||||
9 | party client in addition to the work listed in the
written | ||||||
10 | description.
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11 | (f) The total amount deducted for meals and
, equipment , | ||||||
12 | and transportation may not cause a day or temporary laborer's | ||||||
13 | hourly wage to fall below the State or federal minimum wage. | ||||||
14 | Since transportation is for the benefit of the laborer, a | ||||||
15 | deduction for transportation is permitted even if the deduction | ||||||
16 | causes the laborer's hourly wage to fall below the State or | ||||||
17 | federal minimum wage if the day or temporary laborer provides a | ||||||
18 | written authorization for the transportation deduction at the | ||||||
19 | time the transportation service is provided. However, a day and | ||||||
20 | temporary labor service agency may deduct the actual market | ||||||
21 | value of reusable equipment provided to the day or temporary | ||||||
22 | laborer by the day and temporary labor service agency which the | ||||||
23 | day or temporary laborer fails to return, if the day or | ||||||
24 | temporary laborer provides a written authorization for such | ||||||
25 | deduction at the time the deduction is made. | ||||||
26 | (g) A day or temporary laborer who is contracted by a day |
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1 | and temporary labor service agency to work at a third party | ||||||
2 | client's worksite but is not utilized by the third party client | ||||||
3 | shall be paid by the day and temporary labor service agency for | ||||||
4 | a minimum of 4 hours of pay at the agreed upon rate of pay. | ||||||
5 | However, in the event the day and temporary labor service | ||||||
6 | agency contracts the day or temporary laborer to work at | ||||||
7 | another location during the same shift, the day or temporary | ||||||
8 | laborer shall be paid by the day and temporary labor service | ||||||
9 | agency for a minimum of 2 hours of pay at the agreed upon rate | ||||||
10 | of pay.
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11 | (Source: P.A. 94-511, eff. 1-1-06.)
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