Labor Committee
Filed: 3/14/2007
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1 | AMENDMENT TO HOUSE BILL 1631
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2 | AMENDMENT NO. ______. Amend House Bill 1631 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Day and Temporary Labor Services Act is | ||||||
5 | amended by changing Section 30 as follows:
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6 | (820 ILCS 175/30)
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7 | Sec. 30. Wage Payment and Notice.
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8 | (a) At the time of
payment of wages, a day and temporary
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9 | labor service agency
shall provide each day or temporary | ||||||
10 | laborer with a detailed
itemized
statement, on the day or | ||||||
11 | temporary laborer's paycheck stub or on a form approved by the | ||||||
12 | Department, listing the following: | ||||||
13 | (1) the name, address, and telephone number of each | ||||||
14 | third party client at which the day or temporary laborer | ||||||
15 | worked. If this information is provided on the day or | ||||||
16 | temporary laborer's paycheck stub, a code for each third |
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1 | party client may be used so long as the required | ||||||
2 | information for each coded third party client is made | ||||||
3 | available to the day or temporary laborer; | ||||||
4 | (2) the number of hours worked by the day or temporary | ||||||
5 | laborer at each third party client each day during the pay | ||||||
6 | period; however, if the third party client's hours of work | ||||||
7 | report that is given to the day and temporary
labor service | ||||||
8 | agency for a laborer includes payroll information covering | ||||||
9 | more than one day in the work week, the day and temporary | ||||||
10 | labor service agency may show on the paycheck stub or other | ||||||
11 | approved form the combined number of hours worked for that | ||||||
12 | client in the week rather than the hours worked each day; | ||||||
13 | (3) the rate of payment for each hour worked, including | ||||||
14 | any premium rate or bonus; | ||||||
15 | (4) the total pay period earnings; | ||||||
16 | (5) all deductions made from the day or temporary | ||||||
17 | laborer's compensation made either by the third party | ||||||
18 | client or by the day and temporary labor service agency, | ||||||
19 | and the purpose for which deductions were made, including | ||||||
20 | for the day or temporary laborer's transportation, food, | ||||||
21 | equipment, withheld income tax, withheld social security | ||||||
22 | payments, and every other deduction; and | ||||||
23 | (6) any additional information required by rules | ||||||
24 | issued by the Department.
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25 | (a-1) For each day or temporary laborer who is contracted | ||||||
26 | to work a single day, the third party client shall, at the end |
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1 | of the work day, provide such day or temporary laborer with a | ||||||
2 | Work Verification Form, approved by the Department, which shall | ||||||
3 | contain the date, the day or temporary laborer's name, the work | ||||||
4 | location, and the hours worked on that day. Any third party | ||||||
5 | client who violates this subsection (a-1) may be subject to a | ||||||
6 | civil penalty not to exceed $500 for each violation found by | ||||||
7 | the Department. Such civil penalty may increase to $2,500 for a | ||||||
8 | second or subsequent violation. For purposes of this subsection | ||||||
9 | (a-1), each violation of this subsection (a-1) for each day or | ||||||
10 | temporary laborer and for each day the violation continues | ||||||
11 | shall constitute a separate and distinct violation.
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12 | (b) A day and temporary labor service agency shall provide | ||||||
13 | each
worker an annual
earnings summary within a reasonable time | ||||||
14 | after the preceding calendar
year, but in no case later than | ||||||
15 | February 1. A day and temporary
labor service agency shall,
at | ||||||
16 | the time of each wage payment, give notice to day or temporary | ||||||
17 | laborers
of the
availability of the annual earnings summary or | ||||||
18 | post such a notice in a
conspicuous place in the public | ||||||
19 | reception area.
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20 | (c) At the request of a day or temporary
laborer, a day and | ||||||
21 | temporary labor service agency shall
hold the daily wages of | ||||||
22 | the day or temporary laborer and make
either weekly, bi-weekly, | ||||||
23 | or semi-monthly
payments. The wages shall be paid in a single | ||||||
24 | check, or, at the day or temporary laborer's sole option, by | ||||||
25 | direct deposit or other manner approved by the Department, | ||||||
26 | representing
the wages earned during the period, either weekly, |
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1 | bi-weekly, or semi-monthly,
designated by the day or temporary | ||||||
2 | laborer in accordance with the
Illinois Wage Payment
and | ||||||
3 | Collection Act. Vouchers or any other method of payment which | ||||||
4 | is not generally negotiable shall be prohibited as a method of | ||||||
5 | payment of wages. Day and temporary labor service agencies that
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6 | make daily wage
payments shall provide written notification to | ||||||
7 | all day or temporary
laborers of the right to
request weekly, | ||||||
8 | bi-weekly, or semi-monthly checks. The day and temporary
labor | ||||||
9 | service agency may
provide this notice by conspicuously posting | ||||||
10 | the notice at the location
where the wages are received by the | ||||||
11 | day or temporary laborers.
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12 | (d) No day and temporary labor service agency shall charge | ||||||
13 | any
day or temporary laborer for
cashing a check issued by the | ||||||
14 | agency for wages earned by a
day or temporary laborer who
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15 | performed work through that agency.
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16 | (e) Day or temporary laborers shall be paid no less than | ||||||
17 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
18 | this Act for all the work performed on
behalf of the third | ||||||
19 | party client in addition to the work listed in the
written | ||||||
20 | description.
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21 | (f) The total amount deducted for meals, equipment, and | ||||||
22 | transportation may not cause a day or temporary laborer's | ||||||
23 | hourly wage to fall below the State or federal minimum wage. | ||||||
24 | However, a day and temporary labor service agency may deduct | ||||||
25 | the actual market value of reusable equipment provided to the | ||||||
26 | day or temporary laborer by the day and temporary labor service |
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1 | agency which the day or temporary laborer fails to return, if | ||||||
2 | the day or temporary laborer provides a written authorization | ||||||
3 | for such deduction at the time the deduction is made. | ||||||
4 | (g) A day or temporary laborer who is contracted by a day | ||||||
5 | and temporary labor service agency to work at a third party | ||||||
6 | client's worksite but is not utilized by the third party client | ||||||
7 | shall be paid by the day and temporary labor service agency for | ||||||
8 | a minimum of 4 hours of pay at the agreed upon rate of pay. | ||||||
9 | However, in the event the day and temporary labor service | ||||||
10 | agency contracts the day or temporary laborer to work at | ||||||
11 | another location during the same shift, the day or temporary | ||||||
12 | laborer shall be paid by the day and temporary labor service | ||||||
13 | agency for a minimum of 2 hours of pay at the agreed upon rate | ||||||
14 | of pay.
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15 | (Source: P.A. 94-511, eff. 1-1-06.)".
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