98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0936
 
Introduced 1/25/2013, by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 





820 ILCS 175/40
    Amends the Day and Temporary Labor Services Act. Makes a technical change in a Section concerning work restriction. 



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A BILL FOR
 


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1    AN ACT concerning employment.

 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:

 
4    Section 5. The Day and Temporary Labor Services Act is 
5amended by changing Section 40 as follows:
 



6    (820 ILCS 175/40)



7    Sec. 40. Work Restriction. No day and
and temporary labor 
8service
agency shall
restrict the right of a day or temporary 
9laborer to accept a
permanent position with a third
party 
10client to whom the day or temporary laborer has been
referred 
11for
work or restrict the right of such third party client to 
12offer such
employment to a day or temporary laborer. A day and 
13temporary labor service agency may charge a placement fee to a 
14third party client for employing a day or temporary laborer for 
15whom a contract for work was effected by the day and temporary 
16labor service agency not to exceed the equivalent of the total 
17daily commission rate the day and temporary labor service 
18agency would have received over a 60-day period, reduced by the 
19equivalent of the daily commission rate the day and temporary 
20labor service agency would have received for each day the day 
21or temporary laborer has performed work for the day and 
22temporary labor service agency in the preceding 12 months. Days 
23worked at a day and temporary labor service agency in the 12 
 
 
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1months preceding the effective date of this amendatory Act of 
2the 94th General Assembly
shall be included for purposes of 
3calculating the maximum placement fee described in this 
4Section. However, placement of a day or temporary laborer who 
5is contracted by a day and temporary labor service agency to 
6provide skilled labor shall not be subject to any placement fee 
7cap. For purposes of this Section, a day or temporary laborer 
8who performs "skilled labor" shall apply only where the day and 
9temporary labor service agency performs an advanced 
10application process, a screening process, which may include 
11processes such as advanced testing, and a job interview. No fee 
12provided for under this Section may be assessed or collected by 
13the day and temporary labor service agency when the day or 
14temporary laborer is offered permanent work following the 
15suspension or revocation of the day and temporary labor service 
16agency's registration by the Department.
17(Source: P.A. 94-511, eff. 1-1-06.)