Full Text of SB1314 95th General Assembly
SB1314enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Day and Temporary Labor Services Act is | 5 |
| amended by changing Sections 5, 12, and 30 as follows:
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| (820 ILCS 175/5)
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| Sec. 5. Definitions. As used in this Act:
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| "Day or temporary laborer" means a natural person who | 9 |
| contracts
for employment
with a day and temporary labor service | 10 |
| agency.
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| "Day and temporary labor" means work performed by a day or | 12 |
| temporary laborer at a third party client, the duration of | 13 |
| which may be specific or undefined, pursuant to a contract or | 14 |
| understanding between the day and temporary labor service | 15 |
| agency and the third party client
labor or employment that is
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| occasional
or irregular at which a person is employed for not | 17 |
| longer than the time
period required to complete the assignment | 18 |
| for which the person
was hired and where wage payments are made | 19 |
| directly or indirectly by the
day and temporary labor service | 20 |
| agency or the third party client
for work undertaken by
day or | 21 |
| temporary laborers pursuant to a contract between the
day and | 22 |
| temporary labor service agency
with the third party client .
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| "Day and temporary labor" does not include labor or employment |
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| of
a professional or
clerical nature.
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| "Day and temporary labor service agency" means any person | 3 |
| or
entity engaged in
the business of employing day or temporary | 4 |
| laborers to provide
services, for a fee, to or for any
third | 5 |
| party client pursuant to a contract with the day and temporary
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| labor service agency and
the third party client.
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| "Department" means the Department of Labor.
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| "Third party client" means any person that contracts with a
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| day and temporary labor
service agency for obtaining day or | 10 |
| temporary laborers.
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| "Person" means every natural person, firm, partnership, | 12 |
| co-partnership, limited liability company, corporation, | 13 |
| association, business trust, or other legal entity, or its | 14 |
| legal representatives, agents, or assigns.
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| (Source: P.A. 94-511, eff. 1-1-06.)
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| (820 ILCS 175/12)
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| Sec. 12. Recordkeeping. | 18 |
| (a) Whenever a day and temporary labor service agency sends | 19 |
| one or more persons to work as day or temporary laborers, the | 20 |
| day and temporary labor service agency shall keep the following | 21 |
| records relating to that transaction: | 22 |
| (1) the name, address and telephone number of each | 23 |
| third party client, including each worksite, to which day | 24 |
| or temporary laborers were sent by the agency and the date | 25 |
| of the transaction; |
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| (2) for each day or temporary laborer: the name and | 2 |
| address, the specific location sent to work, the type of | 3 |
| work performed, the number of hours worked, the hourly rate | 4 |
| of pay and the date sent . The term "hours worked" has the | 5 |
| meaning ascribed to that term in 56 Ill. Adm. Code 210.110 | 6 |
| and in accordance with all applicable rules or court | 7 |
| interpretations under 56 Ill. Adm. Code 210.110. The third | 8 |
| party client shall be required to remit all information | 9 |
| required under this subsection to the day and temporary | 10 |
| labor service agency no later than 7 days following the | 11 |
| last day of the work week worked by the day or temporary | 12 |
| laborer. Failure of a third party client to remit such | 13 |
| information to a day and temporary labor service agency | 14 |
| shall not be a defense to the recordkeeping requirement of | 15 |
| this Section ; | 16 |
| (3) the name and title of the individual or individuals | 17 |
| at each third party client's place of business responsible | 18 |
| for the transaction; | 19 |
| (4) any specific qualifications or attributes of a day | 20 |
| or temporary laborer, requested by each third party client; | 21 |
| (5) copies of all contracts, if any, with the third | 22 |
| party client and copies of all invoices for the third party | 23 |
| client; | 24 |
| (6) copies of all employment notices provided in | 25 |
| accordance with subsection (a) of Section 10; | 26 |
| (7) deductions to be made from each day or temporary |
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| laborer's compensation made by either the third party | 2 |
| client or by the day and temporary labor service agency for | 3 |
| the day or temporary laborer's transportation, food, | 4 |
| equipment, withheld income tax, withheld social security | 5 |
| payments and every other deduction; | 6 |
| (8) verification of the actual cost of any equipment or | 7 |
| meal charged to a day or temporary laborer; | 8 |
| (9) the race and gender of each day or temporary | 9 |
| laborer sent by the day and temporary labor service agency, | 10 |
| as provided by the day or temporary laborer;
and | 11 |
| (10) any additional information required by rules | 12 |
| issued by the Department. | 13 |
| (b) The day and temporary labor service agency shall | 14 |
| maintain all records under this Section for a period of 3 years | 15 |
| from their creation. The records shall be open to inspection by | 16 |
| the Department during normal business hours. Records described | 17 |
| in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | 18 |
| (a) shall be available for review or copying by that day or | 19 |
| temporary laborer during normal business hours within 5 days | 20 |
| following a written request. In addition, a day and temporary | 21 |
| labor service agency shall make records related to the number | 22 |
| of hours billed to a third party client for that individual day | 23 |
| or temporary laborer's hours of work available for review or | 24 |
| copying during normal business hours within 5 days following a | 25 |
| written request. The day and temporary labor service agency | 26 |
| shall make forms, in duplicate, for such requests available to |
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| day or temporary laborers at the dispatch office. The day or | 2 |
| temporary laborer shall be given a copy of the request form. It | 3 |
| is a violation of this Section to make any false, inaccurate or | 4 |
| incomplete entry into any record required by this Section, or | 5 |
| to delete required information from any such record. Failure by | 6 |
| the third party client to remit time records to the day and | 7 |
| temporary labor service agency as provided in paragraph (a)(2) | 8 |
| shall constitute a notice violation by a third party client | 9 |
| under Section 95 of this Act unless the third party client has | 10 |
| been precluded from submitting such time records for reasons | 11 |
| beyond its control. A failure by the third party client to | 12 |
| provide time records in accordance with this subsection (b) | 13 |
| shall not be a notice violation and shall not be the basis for | 14 |
| a suit or other action under Section 95 of this Act against the | 15 |
| day and temporary labor service agency.
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| (Source: P.A. 94-511, eff. 1-1-06.)
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| (820 ILCS 175/30)
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| Sec. 30. Wage Payment and Notice.
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| (a) At the time of
payment of wages, a day and temporary
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| labor service agency
shall provide each day or temporary | 21 |
| laborer with a detailed
itemized
statement, on the day or | 22 |
| temporary laborer's paycheck stub or on a form approved by the | 23 |
| Department, listing the following: | 24 |
| (1) the name, address, and telephone number of each | 25 |
| third party client at which the day or temporary laborer |
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| worked. If this information is provided on the day or | 2 |
| temporary laborer's paycheck stub, a code for each third | 3 |
| party client may be used so long as the required | 4 |
| information for each coded third party client is made | 5 |
| available to the day or temporary laborer; | 6 |
| (2) the number of hours worked by the day or temporary | 7 |
| laborer at each third party client each day during the pay | 8 |
| period . If the day or temporary laborer is assigned to work | 9 |
| at the same work site of the same third party client for | 10 |
| multiple days in the same work week, the day and temporary | 11 |
| labor service agency may record a summary of hours worked | 12 |
| at that third party client's worksite so long as the first | 13 |
| and last day of that work week are identified as well. The | 14 |
| term "hours worked" has the meaning ascribed to that term | 15 |
| in 56 Ill. Adm. Code 210.110 and in accordance with all | 16 |
| applicable rules or court interpretations under 56 Ill. | 17 |
| Adm. Code 210.110 ; | 18 |
| (3) the rate of payment for each hour worked, including | 19 |
| any premium rate or bonus; | 20 |
| (4) the total pay period earnings; | 21 |
| (5) all deductions made from the day or temporary | 22 |
| laborer's compensation made either by the third party | 23 |
| client or by the day and temporary labor service agency, | 24 |
| and the purpose for which deductions were made, including | 25 |
| for the day or temporary laborer's transportation, food, | 26 |
| equipment, withheld income tax, withheld social security |
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| payments, and every other deduction; and | 2 |
| (6) any additional information required by rules | 3 |
| issued by the Department.
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| (a-1) For each day or temporary laborer who is contracted | 5 |
| to work a single day, the third party client shall, at the end | 6 |
| of the work day, provide such day or temporary laborer with a | 7 |
| Work Verification Form, approved by the Department, which shall | 8 |
| contain the date, the day or temporary laborer's name, the work | 9 |
| location, and the hours worked on that day. Any third party | 10 |
| client who violates this subsection (a-1) may be subject to a | 11 |
| civil penalty not to exceed $500 for each violation found by | 12 |
| the Department. Such civil penalty may increase to $2,500 for a | 13 |
| second or subsequent violation. For purposes of this subsection | 14 |
| (a-1), each violation of this subsection (a-1) for each day or | 15 |
| temporary laborer and for each day the violation continues | 16 |
| shall constitute a separate and distinct violation.
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| (b) A day and temporary labor service agency shall provide | 18 |
| each
worker an annual
earnings summary within a reasonable time | 19 |
| after the preceding calendar
year, but in no case later than | 20 |
| February 1. A day and temporary
labor service agency shall,
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| the time of each wage payment, give notice to day or temporary | 22 |
| laborers
of the
availability of the annual earnings summary or | 23 |
| post such a notice in a
conspicuous place in the public | 24 |
| reception area.
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| (c) At the request of a day or temporary
laborer, a day and | 26 |
| temporary labor service agency shall
hold the daily wages of |
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| the day or temporary laborer and make
either weekly, bi-weekly, | 2 |
| or semi-monthly
payments. The wages shall be paid in a single | 3 |
| check, or, at the day or temporary laborer's sole option, by | 4 |
| direct deposit or other manner approved by the Department, | 5 |
| representing
the wages earned during the period, either weekly, | 6 |
| bi-weekly, or semi-monthly,
designated by the day or temporary | 7 |
| laborer in accordance with the
Illinois Wage Payment
and | 8 |
| Collection Act. Vouchers or any other method of payment which | 9 |
| is not generally negotiable shall be prohibited as a method of | 10 |
| payment of wages. Day and temporary labor service agencies that
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| make daily wage
payments shall provide written notification to | 12 |
| all day or temporary
laborers of the right to
request weekly, | 13 |
| bi-weekly, or semi-monthly checks. The day and temporary
labor | 14 |
| service agency may
provide this notice by conspicuously posting | 15 |
| the notice at the location
where the wages are received by the | 16 |
| day or temporary laborers.
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| (d) No day and temporary labor service agency shall charge | 18 |
| any
day or temporary laborer for
cashing a check issued by the | 19 |
| agency for wages earned by a
day or temporary laborer who
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| performed work through that agency.
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| (e) Day or temporary laborers shall be paid no less than | 22 |
| the
wage rate stated in the
notice as provided in Section 10 of | 23 |
| this Act for all the work performed on
behalf of the third | 24 |
| party client in addition to the work listed in the
written | 25 |
| description.
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| (f) The total amount deducted for meals, equipment, and |
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| transportation may not cause a day or temporary laborer's | 2 |
| hourly wage to fall below the State or federal minimum wage. | 3 |
| However, a day and temporary labor service agency may deduct | 4 |
| the actual market value of reusable equipment provided to the | 5 |
| day or temporary laborer by the day and temporary labor service | 6 |
| agency which the day or temporary laborer fails to return, if | 7 |
| the day or temporary laborer provides a written authorization | 8 |
| for such deduction at the time the deduction is made. | 9 |
| (g) A day or temporary laborer who is contracted by a day | 10 |
| and temporary labor service agency to work at a third party | 11 |
| client's worksite but is not utilized by the third party client | 12 |
| shall be paid by the day and temporary labor service agency for | 13 |
| a minimum of 4 hours of pay at the agreed upon rate of pay. | 14 |
| However, in the event the day and temporary labor service | 15 |
| agency contracts the day or temporary laborer to work at | 16 |
| another location during the same shift, the day or temporary | 17 |
| laborer shall be paid by the day and temporary labor service | 18 |
| agency for a minimum of 2 hours of pay at the agreed upon rate | 19 |
| of pay.
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| (Source: P.A. 94-511, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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