Rep. Kurt M. Granberg
Filed: 5/16/2007
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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 or | ||||||
15 | understanding between the day and temporary labor service | ||||||
16 | agency and the third party client
labor or employment that is
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1 | occasional
or irregular at which a person is employed for not | ||||||
2 | longer than the time
period required to complete the assignment | ||||||
3 | for which the person
was hired and where wage payments are made | ||||||
4 | directly or indirectly by the
day and temporary labor service | ||||||
5 | agency or the third party client
for work undertaken by
day or | ||||||
6 | temporary laborers pursuant to a contract between the
day and | ||||||
7 | temporary labor service agency
with the third party client .
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8 | "Day and temporary labor" does not include labor or employment | ||||||
9 | of
a 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, the hourly rate | ||||||
12 | of pay and the date sent . The term "hours worked" has the | ||||||
13 | meaning ascribed to that term in 56 Ill. Adm. Code 210.110 | ||||||
14 | and in accordance with all applicable rules or court | ||||||
15 | interpretations under 56 Ill. Adm. Code 210.110. The third | ||||||
16 | party client shall be required to remit all information | ||||||
17 | required under this subsection to the day and temporary | ||||||
18 | labor service agency no later than 7 days following the | ||||||
19 | last day of the work week worked by the day or temporary | ||||||
20 | laborer. Failure of a third party client to remit such | ||||||
21 | information to a day and temporary labor service agency | ||||||
22 | shall not be a defense to the recordkeeping requirement of | ||||||
23 | this Section ; | ||||||
24 | (3) the name and title of the individual or individuals | ||||||
25 | at each third party client's place of business responsible | ||||||
26 | for the transaction; |
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1 | (4) any specific qualifications or attributes of a day | ||||||
2 | or temporary laborer, requested by each third party client; | ||||||
3 | (5) copies of all contracts, if any, with the third | ||||||
4 | party client and copies of all invoices for the third party | ||||||
5 | client; | ||||||
6 | (6) copies of all employment notices provided in | ||||||
7 | accordance with subsection (a) of Section 10; | ||||||
8 | (7) deductions to be made from each day or temporary | ||||||
9 | laborer's compensation made by either the third party | ||||||
10 | client or by the day and temporary labor service agency for | ||||||
11 | the day or temporary laborer's transportation, food, | ||||||
12 | equipment, withheld income tax, withheld social security | ||||||
13 | payments and every other deduction; | ||||||
14 | (8) verification of the actual cost of any equipment or | ||||||
15 | meal charged to a day or temporary laborer; | ||||||
16 | (9) the race and gender of each day or temporary | ||||||
17 | laborer sent by the day and temporary labor service agency, | ||||||
18 | as provided by the day or temporary laborer;
and | ||||||
19 | (10) any additional information required by rules | ||||||
20 | issued by the Department. | ||||||
21 | (b) The day and temporary labor service agency shall | ||||||
22 | maintain all records under this Section for a period of 3 years | ||||||
23 | from their creation. The records shall be open to inspection by | ||||||
24 | the Department during normal business hours. Records described | ||||||
25 | in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | ||||||
26 | (a) shall be available for review or copying by that day or |
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1 | temporary laborer during normal business hours within 5 days | ||||||
2 | following a written request. In addition, a day and temporary | ||||||
3 | labor service agency shall make records related to the number | ||||||
4 | of hours billed to a third party client for that individual day | ||||||
5 | or temporary laborer's hours of work available for review or | ||||||
6 | copying during normal business hours within 5 days following a | ||||||
7 | written request. The day and temporary labor service agency | ||||||
8 | shall make forms, in duplicate, for such requests available to | ||||||
9 | day or temporary laborers at the dispatch office. The day or | ||||||
10 | temporary laborer shall be given a copy of the request form. It | ||||||
11 | is a violation of this Section to make any false, inaccurate or | ||||||
12 | incomplete entry into any record required by this Section, or | ||||||
13 | to delete required information from any such record. Failure by | ||||||
14 | the third party client to remit time records to the day and | ||||||
15 | temporary labor service agency as provided in paragraph (a)(2) | ||||||
16 | shall constitute a notice violation by a third party client | ||||||
17 | under Section 95 of this Act unless the third party client has | ||||||
18 | been precluded from submitting such time records for reasons | ||||||
19 | beyond its control. A failure by the third party client to | ||||||
20 | provide time records in accordance with this subsection (b) | ||||||
21 | shall not be a notice violation and shall not be the basis for | ||||||
22 | a suit or other action under Section 95 of this Act against the | ||||||
23 | day and temporary labor service agency.
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24 | (Source: P.A. 94-511, eff. 1-1-06.)
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25 | (820 ILCS 175/30)
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1 | Sec. 30. Wage Payment and Notice.
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2 | (a) At the time of
payment of wages, a day and temporary
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3 | labor service agency
shall provide each day or temporary | ||||||
4 | laborer with a detailed
itemized
statement, on the day or | ||||||
5 | temporary laborer's paycheck stub or on a form approved by the | ||||||
6 | Department, listing the following: | ||||||
7 | (1) the name, address, and telephone number of each | ||||||
8 | third party client at which the day or temporary laborer | ||||||
9 | worked. If this information is provided on the day or | ||||||
10 | temporary laborer's paycheck stub, a code for each third | ||||||
11 | party client may be used so long as the required | ||||||
12 | information for each coded third party client is made | ||||||
13 | available to the day or temporary laborer; | ||||||
14 | (2) the number of hours worked by the day or temporary | ||||||
15 | laborer at each third party client each day during the pay | ||||||
16 | period . If the day or temporary laborer is assigned to work | ||||||
17 | at the same work site of the same third party client for | ||||||
18 | multiple days in the same work week, the day and temporary | ||||||
19 | labor service agency may record a summary of hours worked | ||||||
20 | at that third party client's worksite so long as the first | ||||||
21 | and last day of that work week are identified as well. The | ||||||
22 | term "hours worked" has the meaning ascribed to that term | ||||||
23 | in 56 Ill. Adm. Code 210.110 and in accordance with all | ||||||
24 | applicable rules or court interpretations under 56 Ill. | ||||||
25 | Adm. Code 210.110 ; | ||||||
26 | (3) the rate of payment for each hour worked, including |
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1 | any premium rate or bonus; | ||||||
2 | (4) the total pay period earnings; | ||||||
3 | (5) all deductions made from the day or temporary | ||||||
4 | laborer's compensation made either by the third party | ||||||
5 | client or by the day and temporary labor service agency, | ||||||
6 | and the purpose for which deductions were made, including | ||||||
7 | for the day or temporary laborer's transportation, food, | ||||||
8 | equipment, withheld income tax, withheld social security | ||||||
9 | payments, and every other deduction; and | ||||||
10 | (6) any additional information required by rules | ||||||
11 | issued by the Department.
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12 | (a-1) For each day or temporary laborer who is contracted | ||||||
13 | to work a single day, the third party client shall, at the end | ||||||
14 | of the work day, provide such day or temporary laborer with a | ||||||
15 | Work Verification Form, approved by the Department, which shall | ||||||
16 | contain the date, the day or temporary laborer's name, the work | ||||||
17 | location, and the hours worked on that day. Any third party | ||||||
18 | client who violates this subsection (a-1) may be subject to a | ||||||
19 | civil penalty not to exceed $500 for each violation found by | ||||||
20 | the Department. Such civil penalty may increase to $2,500 for a | ||||||
21 | second or subsequent violation. For purposes of this subsection | ||||||
22 | (a-1), each violation of this subsection (a-1) for each day or | ||||||
23 | temporary laborer and for each day the violation continues | ||||||
24 | shall constitute a separate and distinct violation.
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25 | (b) A day and temporary labor service agency shall provide | ||||||
26 | each
worker an annual
earnings summary within a reasonable time |
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1 | after the preceding calendar
year, but in no case later than | ||||||
2 | February 1. A day and temporary
labor service agency shall,
at | ||||||
3 | the time of each wage payment, give notice to day or temporary | ||||||
4 | laborers
of the
availability of the annual earnings summary or | ||||||
5 | post such a notice in a
conspicuous place in the public | ||||||
6 | reception area.
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7 | (c) At the request of a day or temporary
laborer, a day and | ||||||
8 | temporary labor service agency shall
hold the daily wages of | ||||||
9 | the day or temporary laborer and make
either weekly, bi-weekly, | ||||||
10 | or semi-monthly
payments. The wages shall be paid in a single | ||||||
11 | check, or, at the day or temporary laborer's sole option, by | ||||||
12 | direct deposit or other manner approved by the Department, | ||||||
13 | representing
the wages earned during the period, either weekly, | ||||||
14 | bi-weekly, or semi-monthly,
designated by the day or temporary | ||||||
15 | laborer in accordance with the
Illinois Wage Payment
and | ||||||
16 | Collection Act. Vouchers or any other method of payment which | ||||||
17 | is not generally negotiable shall be prohibited as a method of | ||||||
18 | payment of wages. Day and temporary labor service agencies that
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19 | make daily wage
payments shall provide written notification to | ||||||
20 | all day or temporary
laborers of the right to
request weekly, | ||||||
21 | bi-weekly, or semi-monthly checks. The day and temporary
labor | ||||||
22 | service agency may
provide this notice by conspicuously posting | ||||||
23 | the notice at the location
where the wages are received by the | ||||||
24 | day or temporary laborers.
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25 | (d) No day and temporary labor service agency shall charge | ||||||
26 | any
day or temporary laborer for
cashing a check issued by the |
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1 | agency for wages earned by a
day or temporary laborer who
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2 | performed work through that agency.
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3 | (e) Day or temporary laborers shall be paid no less than | ||||||
4 | the
wage rate stated in the
notice as provided in Section 10 of | ||||||
5 | this Act for all the work performed on
behalf of the third | ||||||
6 | party client in addition to the work listed in the
written | ||||||
7 | description.
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8 | (f) The total amount deducted for meals, equipment, and | ||||||
9 | transportation may not cause a day or temporary laborer's | ||||||
10 | hourly wage to fall below the State or federal minimum wage. | ||||||
11 | However, a day and temporary labor service agency may deduct | ||||||
12 | the actual market value of reusable equipment provided to the | ||||||
13 | day or temporary laborer by the day and temporary labor service | ||||||
14 | agency which the day or temporary laborer fails to return, if | ||||||
15 | the day or temporary laborer provides a written authorization | ||||||
16 | for such deduction at the time the deduction is made. | ||||||
17 | (g) A day or temporary laborer who is contracted by a day | ||||||
18 | and temporary labor service agency to work at a third party | ||||||
19 | client's worksite but is not utilized by the third party client | ||||||
20 | shall be paid by the day and temporary labor service agency for | ||||||
21 | a minimum of 4 hours of pay at the agreed upon rate of pay. | ||||||
22 | However, in the event the day and temporary labor service | ||||||
23 | agency contracts the day or temporary laborer to work at | ||||||
24 | another location during the same shift, the day or temporary | ||||||
25 | laborer shall be paid by the day and temporary labor service | ||||||
26 | agency for a minimum of 2 hours of pay at the agreed upon rate |
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1 | of pay.
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2 | (Source: P.A. 94-511, eff. 1-1-06.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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