Sen. Mike Jacobs

Filed: 4/18/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1314

2     AMENDMENT NO. ______. Amend Senate Bill 1314, AS AMENDED,
3 by replacing the introductory clause of Section 5 with the
4 following:
 
5     "Section 5. The Day and Temporary Labor Services Act is
6 amended by changing Sections 5, 12, and 30 as follows:
 
7     (820 ILCS 175/5)
8     Sec. 5. Definitions. As used in this Act:
9     "Day or temporary laborer" means a natural person who
10 contracts for employment with a day and temporary labor service
11 agency.
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.
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
14 labor service agency and the third party client.
15     "Department" means the Department of Labor.
16     "Third party client" means any person that contracts with a
17 day and temporary labor service agency for obtaining day or
18 temporary laborers.
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.
23 (Source: P.A. 94-511, eff. 1-1-06.)
 
24     (820 ILCS 175/12)
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;
17         (3) the name and title of the individual or individuals
18     at each third party client's place of business responsible
19     for the transaction;
20         (4) any specific qualifications or attributes of a day
21     or temporary laborer, requested by each third party client;
22         (5) copies of all contracts, if any, with the third
23     party client and copies of all invoices for the third party
24     client;
25         (6) copies of all employment notices provided in
26     accordance with subsection (a) of Section 10;

 

 

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1         (7) deductions to be made from each day or temporary
2     laborer's compensation made by either the third party
3     client or by the day and temporary labor service agency for
4     the day or temporary laborer's transportation, food,
5     equipment, withheld income tax, withheld social security
6     payments and every other deduction;
7         (8) verification of the actual cost of any equipment or
8     meal charged to a day or temporary laborer;
9         (9) the race and gender of each day or temporary
10     laborer sent by the day and temporary labor service agency,
11     as provided by the day or temporary laborer; and
12         (10) any additional information required by rules
13     issued by the Department.
14     (b) The day and temporary labor service agency shall
15 maintain all records under this Section for a period of 3 years
16 from their creation. The records shall be open to inspection by
17 the Department during normal business hours. Records described
18 in paragraphs (1), (2), (3), (6), (7), and (8) of subsection
19 (a) shall be available for review or copying by that day or
20 temporary laborer during normal business hours within 5 days
21 following a written request. In addition, a day and temporary
22 labor service agency shall make records related to the number
23 of hours billed to a third party client for that individual day
24 or temporary laborer's hours of work available for review or
25 copying during normal business hours within 5 days following a
26 written request. The day and temporary labor service agency

 

 

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1 shall make forms, in duplicate, for such requests available to
2 day or temporary laborers at the dispatch office. The day or
3 temporary laborer shall be given a copy of the request form. It
4 is a violation of this Section to make any false, inaccurate or
5 incomplete entry into any record required by this Section, or
6 to delete required information from any such record.
7 (Source: P.A. 94-511, eff. 1-1-06.)"; and
 
8 in subdivision (2) of subsection (a) of Sec. 30 of Section 5,
9 by inserting after "pay period" the following:
10 "as reported to a day or temporary labor service agency by each
11 third party client"; and
 
12 by inserting at the end of the bill the following:
 
13     "Section 99. Effective date. This Act takes effect upon
14 becoming law.".