Rep. Shane Cultra
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 1631
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2 | AMENDMENT NO. ______. Amend House Bill 1631, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Day and Temporary Labor Services Act is | ||||||
6 | amended by changing Sections 5, 12, and 30 as follows:
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7 | (820 ILCS 175/5)
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8 | Sec. 5. Definitions. As used in this Act:
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9 | "Day or temporary laborer" means a natural person who | ||||||
10 | contracts
for employment
with a day and temporary labor service | ||||||
11 | agency.
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12 | "Day and temporary labor" means work performed by a day or | ||||||
13 | temporary laborer at a third party client, the duration of | ||||||
14 | which may be specific or undefined, pursuant to a contract | ||||||
15 | between a day and temporary labor service agency and a third | ||||||
16 | party client
labor or employment that is
occasional
or |
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1 | irregular at which a person is employed for not longer than the | ||||||
2 | time
period required to complete the assignment for which the | ||||||
3 | person
was hired and where wage payments are made directly or | ||||||
4 | indirectly by the
day and temporary labor service agency or the | ||||||
5 | third party client
for work undertaken by
day or temporary | ||||||
6 | laborers pursuant to a contract between the
day and temporary | ||||||
7 | labor service agency
with the third party client .
"Day and | ||||||
8 | temporary labor" does not include labor or employment of
a | ||||||
9 | professional or
clerical nature.
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10 | "Day and temporary labor service agency" means any person | ||||||
11 | or
entity engaged in
the business of employing day or temporary | ||||||
12 | laborers to provide
services, for a fee, to or for any
third | ||||||
13 | party client pursuant to a contract with the day and temporary
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14 | labor service agency and
the third party client.
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15 | "Department" means the Department of Labor.
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16 | "Third party client" means any person that contracts with a
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17 | day and temporary labor
service agency for obtaining day or | ||||||
18 | temporary laborers.
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19 | "Person" means every natural person, firm, partnership, | ||||||
20 | co-partnership, limited liability company, corporation, | ||||||
21 | association, business trust, or other legal entity, or its | ||||||
22 | legal representatives, agents, or assigns.
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23 | (Source: P.A. 94-511, eff. 1-1-06.)
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24 | (820 ILCS 175/12)
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25 | Sec. 12. Recordkeeping. |
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1 | (a) Whenever a day and temporary labor service agency sends | ||||||
2 | one or more persons to work as day or temporary laborers, the | ||||||
3 | day and temporary labor service agency shall keep the following | ||||||
4 | records relating to that transaction: | ||||||
5 | (1) the name, address and telephone number of each | ||||||
6 | third party client, including each worksite, to which day | ||||||
7 | or temporary laborers were sent by the agency and the date | ||||||
8 | of the transaction; | ||||||
9 | (2) for each day or temporary laborer: the name and | ||||||
10 | address, the specific location sent to work, the type of | ||||||
11 | work performed, the number of hours worked on a daily | ||||||
12 | basis , the hourly rate of pay and the date sent . The third | ||||||
13 | party client shall remit this information to the day and | ||||||
14 | temporary labor service agency no later than 7 days | ||||||
15 | following the last day worked in that work week by the day | ||||||
16 | or temporary laborer; provided that failure to receive the | ||||||
17 | information from the third party client is no defense to | ||||||
18 | the recordkeeping requirement of this Section ; | ||||||
19 | (3) the name and title of the individual or individuals | ||||||
20 | at each third party client's place of business responsible | ||||||
21 | for the transaction; | ||||||
22 | (4) any specific qualifications or attributes of a day | ||||||
23 | or temporary laborer, requested by each third party client; | ||||||
24 | (5) copies of all contracts, if any, with the third | ||||||
25 | party client and copies of all invoices for the third party | ||||||
26 | client; |
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1 | (6) copies of all employment notices provided in | ||||||
2 | accordance with subsection (a) of Section 10; | ||||||
3 | (7) deductions to be made from each day or temporary | ||||||
4 | laborer's compensation made by either the third party | ||||||
5 | client or by the day and temporary labor service agency for | ||||||
6 | the day or temporary laborer's transportation, food, | ||||||
7 | equipment, withheld income tax, withheld social security | ||||||
8 | payments and every other deduction; | ||||||
9 | (8) verification of the actual cost of any equipment or | ||||||
10 | meal charged to a day or temporary laborer; | ||||||
11 | (9) the race and gender of each day or temporary | ||||||
12 | laborer sent by the day and temporary labor service agency, | ||||||
13 | as provided by the day or temporary laborer;
and | ||||||
14 | (10) any additional information required by rules | ||||||
15 | issued by the Department. | ||||||
16 | (b) The day and temporary labor service agency shall | ||||||
17 | maintain all records under this Section for a period of 3 years | ||||||
18 | from their creation. The records shall be open to inspection by | ||||||
19 | the Department during normal business hours. Records described | ||||||
20 | in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | ||||||
21 | (a) shall be available for review or copying by that day or | ||||||
22 | temporary laborer during normal business hours within 5 days | ||||||
23 | following a written request. In addition, a day and temporary | ||||||
24 | labor service agency shall make records related to the number | ||||||
25 | of hours billed to a third party client for that individual day | ||||||
26 | or temporary laborer's hours of work available for review or |
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1 | copying during normal business hours within 5 days following a | ||||||
2 | written request. The day and temporary labor service agency | ||||||
3 | shall make forms, in duplicate, for such requests available to | ||||||
4 | day or temporary laborers at the dispatch office. The day or | ||||||
5 | temporary laborer shall be given a copy of the request form. It | ||||||
6 | is a violation of this Section to make any false, inaccurate or | ||||||
7 | incomplete entry into any record required by this Section, or | ||||||
8 | to delete required information from any such record.
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9 | (Source: P.A. 94-511, eff. 1-1-06.)
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10 | (820 ILCS 175/30)
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11 | Sec. 30. Wage Payment and Notice.
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12 | (a) At the time of
payment of wages, a day and temporary
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13 | labor service agency
shall provide each day or temporary | ||||||
14 | laborer with a detailed
itemized
statement, on the day or | ||||||
15 | temporary laborer's paycheck stub or on a form approved by the | ||||||
16 | Department, listing the following: | ||||||
17 | (1) the name, address, and telephone number of each | ||||||
18 | third party client at which the day or temporary laborer | ||||||
19 | worked. If this information is provided on the day or | ||||||
20 | temporary laborer's paycheck stub, a code for each third | ||||||
21 | party client may be used so long as the required | ||||||
22 | information for each coded third party client is made | ||||||
23 | available to the day or temporary laborer; | ||||||
24 | (2) the number of hours worked by the day or temporary | ||||||
25 | laborer at each third party client each day during the pay |
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1 | period as reported to a day or temporary labor service | ||||||
2 | agency by each third party client ; however, if the third | ||||||
3 | party client's hours of work report that is given to the | ||||||
4 | day and temporary
labor service agency for a laborer | ||||||
5 | includes payroll information covering more than one day in | ||||||
6 | the work week, the day and temporary labor service agency | ||||||
7 | may show on the paycheck stub or other approved form the | ||||||
8 | combined number of hours worked for that client in the week | ||||||
9 | rather than the hours worked each day; | ||||||
10 | (3) the rate of payment for each hour worked, including | ||||||
11 | any premium rate or bonus; | ||||||
12 | (4) the total pay period earnings; | ||||||
13 | (5) all deductions made from the day or temporary | ||||||
14 | laborer's compensation made either by the third party | ||||||
15 | client or by the day and temporary labor service agency, | ||||||
16 | and the purpose for which deductions were made, including | ||||||
17 | for the day or temporary laborer's transportation, food, | ||||||
18 | equipment, withheld income tax, withheld social security | ||||||
19 | payments, and every other deduction; and | ||||||
20 | (6) any additional information required by rules | ||||||
21 | issued by the Department.
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22 | (a-1) For each day or temporary laborer who is contracted | ||||||
23 | to work a single day, the third party client shall, at the end | ||||||
24 | of the work day, provide such day or temporary laborer with a | ||||||
25 | Work Verification Form, approved by the Department, which shall | ||||||
26 | contain the date, the day or temporary laborer's name, the work |
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1 | location, and the hours worked on that day. Any third party | ||||||
2 | client who violates this subsection (a-1) may be subject to a | ||||||
3 | civil penalty not to exceed $500 for each violation found by | ||||||
4 | the Department. Such civil penalty may increase to $2,500 for a | ||||||
5 | second or subsequent violation. For purposes of this subsection | ||||||
6 | (a-1), each violation of this subsection (a-1) for each day or | ||||||
7 | temporary laborer and for each day the violation continues | ||||||
8 | shall constitute a separate and distinct violation.
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9 | (b) A day and temporary labor service agency shall provide | ||||||
10 | each
worker an annual
earnings summary within a reasonable time | ||||||
11 | after the preceding calendar
year, but in no case later than | ||||||
12 | February 1. A day and temporary
labor service agency shall,
at | ||||||
13 | the time of each wage payment, give notice to day or temporary | ||||||
14 | laborers
of the
availability of the annual earnings summary or | ||||||
15 | post such a notice in a
conspicuous place in the public | ||||||
16 | reception area.
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17 | (c) At the request of a day or temporary
laborer, a day and | ||||||
18 | temporary labor service agency shall
hold the daily wages of | ||||||
19 | the day or temporary laborer and make
either weekly, bi-weekly, | ||||||
20 | or semi-monthly
payments. The wages shall be paid in a single | ||||||
21 | check, or, at the day or temporary laborer's sole option, by | ||||||
22 | direct deposit or other manner approved by the Department, | ||||||
23 | representing
the wages earned during the period, either weekly, | ||||||
24 | bi-weekly, or semi-monthly,
designated by the day or temporary | ||||||
25 | laborer in accordance with the
Illinois Wage Payment
and | ||||||
26 | Collection Act. Vouchers or any other method of payment which |
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1 | is not generally negotiable shall be prohibited as a method of | ||||||
2 | payment of wages. Day and temporary labor service agencies that
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3 | make daily wage
payments shall provide written notification to | ||||||
4 | all day or temporary
laborers of the right to
request weekly, | ||||||
5 | bi-weekly, or semi-monthly checks. The day and temporary
labor | ||||||
6 | service agency may
provide this notice by conspicuously posting | ||||||
7 | the notice at the location
where the wages are received by the | ||||||
8 | day or temporary laborers.
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9 | (d) No day and temporary labor service agency shall charge | ||||||
10 | any
day or temporary laborer for
cashing a check issued by the | ||||||
11 | agency for wages earned by a
day or temporary laborer who
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12 | performed work through that agency.
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13 | (e) Day or temporary laborers shall be paid no less than | ||||||
14 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
15 | this Act for all the work performed on
behalf of the third | ||||||
16 | party client in addition to the work listed in the
written | ||||||
17 | description.
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18 | (f) The total amount deducted for meals, equipment, and | ||||||
19 | transportation may not cause a day or temporary laborer's | ||||||
20 | hourly wage to fall below the State or federal minimum wage. | ||||||
21 | However, a day and temporary labor service agency may deduct | ||||||
22 | the actual market value of reusable equipment provided to the | ||||||
23 | day or temporary laborer by the day and temporary labor service | ||||||
24 | agency which the day or temporary laborer fails to return, if | ||||||
25 | the day or temporary laborer provides a written authorization | ||||||
26 | for such deduction at the time the deduction is made. |
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1 | (g) A day or temporary laborer who is contracted by a day | ||||||
2 | and temporary labor service agency to work at a third party | ||||||
3 | client's worksite but is not utilized by the third party client | ||||||
4 | shall be paid by the day and temporary labor service agency for | ||||||
5 | a minimum of 4 hours of pay at the agreed upon rate of pay. | ||||||
6 | However, in the event the day and temporary labor service | ||||||
7 | agency contracts the day or temporary laborer to work at | ||||||
8 | another location during the same shift, the day or temporary | ||||||
9 | laborer shall be paid by the day and temporary labor service | ||||||
10 | agency for a minimum of 2 hours of pay at the agreed upon rate | ||||||
11 | of pay.
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12 | (Source: P.A. 94-511, eff. 1-1-06.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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