Full Text of SB1859 99th General Assembly
SB1859enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Private Employment Agency Act is amended by | 5 | | changing Sections 1, 3, 11, and 12 and by adding Sections 1.5, | 6 | | 12.2, 12.3, 12.4, 12.5, and 12.6 as follows:
| 7 | | (225 ILCS 515/1) (from Ch. 111, par. 901)
| 8 | | Sec. 1. Department of Labor; authority to license | 9 | | employment agencies; unlicensed operation; website listing of | 10 | | agencies; rulemaking authority. | 11 | | (a) It shall be the duty of the Department of Labor and it | 12 | | shall
have power, jurisdiction and authority to issue licenses | 13 | | to employment
agencies or agents, and to refuse to issue | 14 | | licenses whenever, after due
investigation, the Department of | 15 | | Labor finds that the character of the
applicant makes him unfit | 16 | | to be an employment agent, or when the
premises proposed to be | 17 | | used for conducting the business of an
employment agency, is | 18 | | found, upon investigation, to be unfit for such
use. | 19 | | (b) Any such license granted by the Department of Labor may | 20 | | also be
revoked or suspended by it upon due notice to the | 21 | | holder of said license
and upon due cause shown and hearing | 22 | | thereon. Failure to comply with the
duties, terms, rules, | 23 | | conditions or provisions required by any law of
this State |
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| 1 | | governing employment agencies, or with any lawful order of
the | 2 | | Department of Labor, shall be deemed cause to revoke or suspend | 3 | | such
license. | 4 | | (c) It is a violation of this Act to operate a private | 5 | | employment agency without first registering with the | 6 | | Department of Labor and obtaining a license in accordance with | 7 | | Section 1.5 of this Act. The Department has the authority to | 8 | | assess a penalty against any agency that fails to obtain a | 9 | | license from the Department in accordance with this Act or any | 10 | | rules adopted under this Act of $500 for each violation. Each | 11 | | day during which an employment agency operates without a | 12 | | license shall be a separate and distinct violation of the Act. | 13 | | (d) The Department shall create and maintain at regular | 14 | | intervals on its website, accessible to the public: | 15 | | (1) a list of all licensed employment agencies in the | 16 | | State; | 17 | | (2) a list of all employment agencies in the State | 18 | | whose license has been suspended, including the reason for | 19 | | the suspension, the date that the suspension was initiated, | 20 | | and the date, if known, the suspension is to be lifted; and | 21 | | (3) a list of employment agencies in the State whose | 22 | | registration has been revoked, including the reason for the | 23 | | revocation and the date the registration was revoked. | 24 | | (e) The Department of Labor shall have power, jurisdiction | 25 | | and
authority to fix and order such reasonable rules and | 26 | | regulations for the
conduct of the business of employment |
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| 1 | | agencies, as may be necessary to
carry out the laws relating to | 2 | | employment agencies.
| 3 | | The applicant shall furnish to the Department an affidavit | 4 | | stating that
he has never been a party to any fraud, has no | 5 | | jail or prison record,
belongs to no subversive societies, is | 6 | | of good moral character, has
business integrity and is | 7 | | financially responsible.
| 8 | | In determining moral character and qualification for | 9 | | licensing, the
Department may take into consideration any | 10 | | criminal conviction of the
applicant, but such a conviction | 11 | | shall not operate as a bar to licensing.
| 12 | | No person shall open, keep or carry on any employment | 13 | | agency in the
State of Illinois, unless such person shall | 14 | | procure a license therefor
from the Department of Labor. Any | 15 | | person who shall open up, or conduct
any such agency without | 16 | | first procuring such license or without paying
any fees | 17 | | required by this Act, shall be guilty of a Class B misdemeanor.
| 18 | | The application fee for such license shall be $250 annually | 19 | | for persons
operating an agency with less than 3 employment | 20 | | counsellors; $350 annually for
persons operating an agency with | 21 | | from 3 to 5 employment counsellors;
$400 annually for persons | 22 | | operating an agency employing from 6 to 10
employment | 23 | | counsellors and $500 annually for persons operating an agency
| 24 | | employing in excess of 10 employment counsellors.
The | 25 | | application fee is nonrefundable.
| 26 | | Every license shall contain the name of the person |
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| 1 | | licensed, or if a
corporation, the name of the chief officer, a | 2 | | designation of the city,
street number of the building in which | 3 | | the licensee is authorized to
carry on the employment agency, | 4 | | and the style or trade name under which
such licensee is to | 5 | | conduct the employment agency. Such license shall
not be valid | 6 | | to protect any person who operates any employment agency
under | 7 | | any other name than is mentioned in the license. No license | 8 | | shall
be valid to protect any place other than that designated | 9 | | in the license,
unless notice in writing was given by a | 10 | | licensee to the Department of Labor
that the licensee intends | 11 | | to commence conduct of an employment agency at
another or at an | 12 | | additional location, which notice is accompanied by
the | 13 | | requisite fee and bond, or unless any employment agency | 14 | | interviews on the
premises of an employer client for employees | 15 | | for the employer client and
notifies the Department thereof at | 16 | | least 48 hours prior thereto and the
Department fails to raise | 17 | | an objection to the interviewing. No such
agency shall be | 18 | | located in connection with any place where intoxicating
liquors | 19 | | are sold.
| 20 | | The application for such license shall be filed with the | 21 | | Department
of Labor and the Department of Labor shall act upon | 22 | | such application
before 60 days from the time of filing such | 23 | | application. The license
shall run for one year from date of | 24 | | issue, and no longer, unless sooner
revoked by the Department | 25 | | of Labor. Such application shall be posted in
the office of the | 26 | | Department of Labor from date of filing thereof and
until such |
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| 1 | | time as such application is acted upon. Such application
shall | 2 | | contain the name, address and telephone number of the person | 3 | | who
desires to secure a license, and shall be signed by him. If | 4 | | the
application is filed on behalf of a partnership, the | 5 | | application shall
contain the date when the partnership was | 6 | | formed, and the names and
addresses of all partners, and shall | 7 | | be signed by one of the
partners. If the application is filed | 8 | | on behalf of a corporation, the
application shall contain the | 9 | | date when the corporation was formed, the
state of | 10 | | incorporation, and the names and addresses of
all officers of | 11 | | the corporation, and shall be signed by the president and
| 12 | | secretary of the corporation. The application shall state | 13 | | whether or not
any person mentioned in the application was ever | 14 | | engaged in the business
of conducting an employment agency, or | 15 | | was employed by an employment
agency in this State or elsewhere | 16 | | and shall set forth the facts if any
concerning such previous | 17 | | connection with the employment agency business.
The | 18 | | application shall contain the name and address of
the person | 19 | | who is to have the general management of the agency.
| 20 | | Such application shall state whether or not any person | 21 | | mentioned in
the application is pecuniarily interested in any | 22 | | other business and if
so, the nature of such business and where | 23 | | it is carried on. Such
applicant shall also state whether the | 24 | | person or persons mentioned in
the application are the only | 25 | | persons pecuniarily interested in the
business to be carried on | 26 | | under the license. Such application shall also
contain such |
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| 1 | | other information as the Department shall by regulation
| 2 | | require. Such application shall be accompanied by such evidence | 3 | | of the
applicant's business reputation for integrity and such | 4 | | evidence of the
applicant's financial responsibility as the | 5 | | Department may by regulation
require. Such application shall be | 6 | | accompanied by the affidavits of two
persons of business or | 7 | | professional integrity, residing within the city
or town | 8 | | wherein such applicant resides or intends to conduct his
| 9 | | business, and such affiants shall state that they have known | 10 | | the
applicant for a period of two years, that the applicant is | 11 | | a person of
good moral character.
| 12 | | Upon the filing of such application, the Department shall | 13 | | cause an
investigation to be made as to the character and the | 14 | | business integrity
and financial responsibility of the | 15 | | applicant and those mentioned in the
application, and as to the | 16 | | fitness of the premises to be used. The
application shall be | 17 | | rejected if the Department shall find that any of
the persons | 18 | | named in the application is not of good moral character,
| 19 | | business integrity and financial responsibility, if the | 20 | | premises are
unfit or if there is any good and sufficient | 21 | | reason within the meaning
and purpose of this Act for rejecting | 22 | | such application. Unless the
application shall be rejected for | 23 | | one or more of the causes specified
above, it shall be granted. | 24 | | A detailed report of such investigation and
the action taken | 25 | | thereon shall be made in writing, signed by the
investigator | 26 | | and become a part of the official records of the
Department's |
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| 1 | | office.
| 2 | | When at the time of filing the application, the applicant | 3 | | or any
person mentioned in the application is employed as an | 4 | | employment
counsellor by a licensed employment agency in this | 5 | | State, the department
shall notify the agency of this fact.
| 6 | | Such license shall be renewed upon licensee furnishing the | 7 | | Department
accompanied by the required application fee, a | 8 | | letter from a surety stating
that a sufficient bond is in force | 9 | | and other documents necessary to
complete the renewal. Failure | 10 | | to renew a license at its expiration date
shall cause the | 11 | | license to lapse and may only be reinstated by a new
| 12 | | application.
| 13 | | No license shall be transferrable, but a licensee may at | 14 | | any time
with the approval of the Department, make changes in | 15 | | the structure of
the business entity operating the agency, but | 16 | | no licensee shall permit
any person not mentioned in the | 17 | | original application for a license to
become a partner if such | 18 | | agency is a partnership, or an officer of the
corporation if | 19 | | such agency is a corporation, unless the written consent
of the | 20 | | Department of Labor shall first be obtained. Such consent may | 21 | | be
withheld for any reason for which an original application | 22 | | might have
been rejected, if the person in question had been | 23 | | mentioned therein. No
such change shall be permitted until the | 24 | | written consent of the surety
or sureties on the bond required | 25 | | to be filed by Section 2 of this Act,
to such change, be filed | 26 | | with the original bond. The Department shall be
notified |
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| 1 | | immediately of any change in the management of the agency so | 2 | | that
at all times the identity of the person charged with the | 3 | | general management
of the agency shall be known by the | 4 | | Department. Licensee may promote
persons within its agency or | 5 | | change the titles and duties of existing
agency personnel other | 6 | | than the General Manager without notice to the
Department.
| 7 | | Each applicant for a license shall file with the | 8 | | application a
schedule of fees, charges and commissions, | 9 | | which he intends to charge
and collect for his services, | 10 | | together with a copy of all forms and
contracts to be used | 11 | | in the operation of the agency. Such schedule of
fees, | 12 | | charges and commissions may thereafter be changed by filing | 13 | | with
the Department of Labor an amended or supplemental | 14 | | schedule, showing
such changes, at least 15 days before | 15 | | such change is to become
effective. Any change in forms or | 16 | | contracts must be filed with the
Department of Labor at | 17 | | least 15 days before such change is to become
effective. | 18 | | Such schedule of fees to be charged shall be posted in a
| 19 | | conspicuous place in each room of such agency where | 20 | | applicants are
interviewed and such schedule of fees shall | 21 | | be printed in not less than
30 point bold faced-type. | 22 | | Agencies which deal exclusively with employer
paid fees | 23 | | shall not be required to post said schedule of fees. The
| 24 | | Department may by regulation require contracts to contain | 25 | | definitions of
terms used in such contracts to eliminate | 26 | | ambiguity.
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| 1 | | It shall be unlawful for any employment agency to charge, | 2 | | collect or
receive a greater compensation for any service | 3 | | performed by it than is
specified in such schedule filed with | 4 | | the Department of Labor. It shall
be unlawful for any | 5 | | employment agency to collect or attempt to collect
any | 6 | | compensation for any service not specified in the schedule of | 7 | | fees
filed with the department.
| 8 | | (Source: P.A. 85-1408; 86-1043.)
| 9 | | (225 ILCS 515/1.5 new) | 10 | | Sec. 1.5. Application for license; application fees; | 11 | | disclosure of fees, charges, and commissions; investigation of | 12 | | applicants; renewal of license; changes in structure and | 13 | | management of licensees. | 14 | | (a) The applicant for a license shall furnish to the | 15 | | Department the following: | 16 | | (1) An affidavit stating that he has never been a party | 17 | | to any fraud, has no jail or prison record, belongs to no | 18 | | subversive societies, is of good moral character, has | 19 | | business integrity and is financially responsible. In | 20 | | determining moral character and qualification for | 21 | | licensing, the Department may take into consideration any | 22 | | criminal conviction of the applicant, but such a conviction | 23 | | shall not operate as a bar to licensing. | 24 | | (2) A completed application, on a form provided by the | 25 | | Department, that includes the name of the person, |
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| 1 | | corporation, or other entity applying for the license; the | 2 | | location at which the person intends to conduct business; | 3 | | the type of employment services provided; and a disclosure | 4 | | of any other pecuniary interests held by the entity | 5 | | applying for the license. | 6 | | (3) An application fee. The Director shall adopt rules | 7 | | to establish a schedule of fees for application for a | 8 | | license. The application fee is nonrefundable. | 9 | | (4) A schedule of fees, charges, and commissions, which | 10 | | the employment agency intends to charge and collect for its | 11 | | services, together with a copy of all forms and contracts | 12 | | that the agency intends to be used in the operation of the | 13 | | agency. Such schedule of fees, charges, and commissions may | 14 | | thereafter be changed by filing with the Department an | 15 | | amended or supplemental schedule showing such changes at | 16 | | least 15 days before such change is to become effective. | 17 | | Any change in forms or contracts must be filed with the | 18 | | Department of Labor at least 15 days before such change is | 19 | | going to become effective. Such schedule of fees to be | 20 | | charged shall be posted in a conspicuous place in each room | 21 | | of such an agency where applicants are interviewed, in not | 22 | | less than 30 point bold-faced type. Agencies which deal | 23 | | exclusively with employer paid fees shall not be required | 24 | | to post said schedule of fees. The Department may by rule | 25 | | require contracts to contain definitions of terms used in | 26 | | such contracts to eliminate ambiguity. |
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| 1 | | It shall be unlawful for any employment agency to charge, | 2 | | collect, or receive a greater compensation for any service | 3 | | performed by it than is specified in the schedule filed with | 4 | | the Department. It shall be unlawful for any employment agency | 5 | | to collect or attempt to collect any compensation for any | 6 | | service not specified in the schedule of fees filed with the | 7 | | Department. | 8 | | (b) Upon the filing of such application and supporting | 9 | | documentation, the Department
shall cause an investigation to | 10 | | be made as to the character and the business integrity and | 11 | | financial responsibility of the applicant and those mentioned | 12 | | in the application, and as to the fitness of the premises to be | 13 | | used. The application shall be rejected if the Department finds | 14 | | that any of the persons named in the application fail to | 15 | | demonstrate good moral character, business integrity and | 16 | | financial responsibility, if the premises are unfit, or if | 17 | | there is any good and sufficient reason within the meaning and | 18 | | purpose of this Act for rejecting such application. Unless the | 19 | | application shall be rejected for one or more of the causes | 20 | | specified above, it shall be granted. A detailed report of such | 21 | | investigation and the action taken thereon shall be made in | 22 | | writing, signed by the investigator, and become a part of the | 23 | | official records of the Department. When, at the time of filing | 24 | | the application, the applicant or any person mentioned in the | 25 | | application is employed as an employment counsellor by a | 26 | | licensed employment agency in this State, the Department shall |
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| 1 | | notify the agency of this fact. | 2 | | (c) Once issued, a license may be renewed annually by | 3 | | furnishing the Department the required application fee, a | 4 | | letter from a surety stating that a sufficient bond is in | 5 | | force, and other documents necessary to complete the renewal. | 6 | | Failure to renew a license at its expiration date shall cause | 7 | | the license to lapse and it may only be reinstated by a new | 8 | | application. | 9 | | (d) No license shall be transferrable, but a licensee may, | 10 | | with the approval of the Department, make changes in the | 11 | | structure of the business entity operating the agency, but no | 12 | | licensee shall permit any person not mentioned in the original | 13 | | application for a license to become a partner if such agency is | 14 | | a partnership, or an officer of the corporation if such agency | 15 | | is a corporation, unless the written consent of the Department | 16 | | of Labor shall first be obtained. Such consent may be withheld | 17 | | for any reason for which an original application might have | 18 | | been rejected, if the person in question had been mentioned | 19 | | therein. No such change shall be permitted until the written | 20 | | consent of the surety or sureties on the bond required to be | 21 | | filed by Section 2 of this Act, to such change, is filed with | 22 | | the original bond. The Department shall be notified immediately | 23 | | of any change in the management of the agency so that at all | 24 | | times the identity of the person charged with the general | 25 | | management of the agency shall be known by the Department. A | 26 | | licensee may promote persons within its agency or change the |
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| 1 | | titles and duties of existing agency personnel, other than the | 2 | | general manager, without notice to the Department.
| 3 | | (225 ILCS 515/3) (from Ch. 111, par. 903)
| 4 | | Sec. 3. Records. It shall be the duty of every such | 5 | | licensed person to
keep a complete record in the English | 6 | | language of all orders for employees
which are received from | 7 | | prospective employers. Upon request of the Department,
a | 8 | | licensee shall verify the date when the order was received, the | 9 | | name of the
person recording the job order, the name and | 10 | | address of the employer seeking
the services of an employee, | 11 | | the name of the person placing the order, the kind
of employee | 12 | | requested, the qualifications required in the employee, the | 13 | | salary
or wages to be paid if known, and the possible duration | 14 | | of the job. Prior to
the placement of any job advertisement, an | 15 | | employment agency must have a
current, bona fide job order, and | 16 | | must maintain a copy of both the
advertisement and the job | 17 | | order in a register established specially for that
purpose. The | 18 | | term "current, bona fide job order" shall be
defined as a job | 19 | | order obtained by the employment agency within 30 days prior
to | 20 | | the placement of the advertisement. A job order must be renewed | 21 | | after 45
days and must be annotated with the name of the | 22 | | representative of the
prospective employer who authorized the | 23 | | renewal and the date on which
the renewal was authorized.
| 24 | | Such employment agency shall also keep a complete record in | 25 | | the
English language of each applicant to whom employment is |
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| 1 | | offered or
promised and who is sent out by the agency to secure | 2 | | a job or interview.
This record, which shall be called the | 3 | | Applicant's Record, shall contain
the date when the applicant | 4 | | was sent out for the job or interview, the
name of the | 5 | | applicant, the name and address of the person or firm to
whom | 6 | | sent, the type of job offered and the wages or salary proposed | 7 | | to
be paid if known.
| 8 | | The agency shall also keep a record of all payments to it | 9 | | of any and
all placement fees received and refunded. This | 10 | | record shall be called a
Fee Transaction record. It shall | 11 | | contain the date of each transaction,
the name of the person | 12 | | making the remittance, the amount paid, a
designation | 13 | | indicating whether the amount paid is in full or on account,
| 14 | | the receipt number and the date and the amount of any refund.
| 15 | | Notwithstanding the provisions of this Act concerning the | 16 | | records
required to be kept by employment agencies, the | 17 | | Director of Labor may by
regulation permit teachers' agencies, | 18 | | medical agencies, nurses'
registries, theatrical agencies, | 19 | | contract labor agencies, baby sitter
agencies and such other | 20 | | agencies of a like nature who serve the needs of
a specialized | 21 | | class of workers, to keep such records concerning job
orders, | 22 | | listing of placed applicants, listing of available applicants
| 23 | | and payments of fees by either the employer or the employee as | 24 | | the
Department by regulation may approve.
| 25 | | The aforesaid records shall be kept in the agency for 3 | 26 | | years one year and shall
be open during office hours to |
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| 1 | | inspection by the Department and its duly
qualified agents , or | 2 | | produced in response to a subpoena issued by the Attorney | 3 | | General in accordance with Section 10-104 of the Illinois Human | 4 | | Rights Act . No such licensee, or his employee, shall knowingly | 5 | | make
any false entry in such records. It is a violation of this | 6 | | Act to falsify or fail to keep any of the aforesaid records.
| 7 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 8 | | (225 ILCS 515/11) (from Ch. 111, par. 914)
| 9 | | Sec. 11. Definitions. When used in this Act, unless the | 10 | | context
indicates otherwise:
| 11 | | The term "employment agency" means any person engaged for | 12 | | gain or profit
in the business of placing, referring, securing , | 13 | | or attempting to secure employment for persons
seeking | 14 | | employment , or in finding employees for employers. However, the | 15 | | term
"employment agency" shall not include any person engaged | 16 | | in the business of consulting or recruiting, and who in
the
| 17 | | course of such business is
compensated solely by any employer | 18 | | to identify, appraise, or
recommend
an
individual or | 19 | | individuals who are at least 18 years of age or who hold a high
| 20 | | school diploma for consideration for a position, provided that | 21 | | in no
instance is the individual who is identified, appraised, | 22 | | or recommended for
consideration for such position charged a | 23 | | fee directly or indirectly in
connection with such | 24 | | identification, appraisal, or recommendation, or for
| 25 | | preparation of any resume, or on account of any other personal |
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| 1 | | service
performed by the person engaged in the business of | 2 | | consulting or recruiting; but this exclusion is not applicable | 3 | | to
theatrical employment agencies or domestic service | 4 | | employment agencies.
| 5 | | The term "employer" means any person employing or seeking | 6 | | to employ any
person for hire.
| 7 | | The term "employee" means any person performing or seeking | 8 | | to perform
work or services of any kind or character whatsoever | 9 | | for hire.
| 10 | | The term "person" means any person, firm, association, | 11 | | partnership , limited liability company, association, or
| 12 | | corporation , or other legal entity or its legal | 13 | | representatives, agents, or assigns .
| 14 | | The term "employment counsellor" means employees of any | 15 | | employment agency
who interview, counsel, or advise applicants | 16 | | or employers or both on
employment or allied problems, or who | 17 | | make or arrange contracts or contacts
between employers and | 18 | | employees. The term "employment counsellor" includes
employees | 19 | | who solicit orders for employees from prospective employers.
| 20 | | The term "acceptance" means a mutual agreement, verbal or | 21 | | written,
between employee and employer as to starting salary, | 22 | | position, time and
place of employment.
| 23 | | The term "applicant" means any person who uses the services | 24 | | of an
employment agency to secure employment for himself.
| 25 | | The term "department" means the Department of Labor.
| 26 | | The term "Director" means the Director of the Department of |
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| 1 | | Labor.
| 2 | | The term "fee" means money or a promise to pay money. The | 3 | | term "fee"
also means and includes the excess of money received | 4 | | by any such licensee
over what he has paid for transportation, | 5 | | transfer of baggage, or lodging,
for any applicant for | 6 | | employment. The term "fee" also means and includes
the | 7 | | difference between the amount of money received by any person, | 8 | | who
furnishes employees or performers for any entertainment, | 9 | | exhibition or
performance, and the amount paid by the person | 10 | | receiving the amount of
money to the employees or performers | 11 | | whom he hires to give such
entertainment, exhibition or | 12 | | performance.
| 13 | | The term "privilege" means and includes the furnishing of | 14 | | food,
supplies, tools or shelter to contract laborers, commonly | 15 | | known as
commissary privileges.
| 16 | | The term "theatrical employment agency" means and includes | 17 | | the business
of conducting an agency, bureau, office or any | 18 | | other place for the purpose
of procuring or offering, promising | 19 | | or attempting to provide engagements
for persons who want | 20 | | employment in the following occupations: circus,
vaudeville, | 21 | | theatrical and other entertainment, or exhibitions, or
| 22 | | performances, or of giving information as to where such | 23 | | engagements may be
procured or provided, whether such business | 24 | | is conducted in a building, on
the street, or elsewhere.
| 25 | | The term "theatrical engagement" means and includes any | 26 | | engagement or
employment of a person as an actor, performer, or |
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| 1 | | entertainer, in a circus,
vaudeville, theatrical or any other | 2 | | entertainment, exhibition or
performance.
| 3 | | The term "emergency engagement" means and includes any | 4 | | engagement that
is to be performed within 24 hours of the time | 5 | | such application was made by
an employer.
| 6 | | The term "domestic service" means household work in the | 7 | | home of the
employer and includes, but is not limited to, work | 8 | | as a maid, cook, butler,
gardener, chauffeur, housekeeper or | 9 | | babysitter.
| 10 | | (Source: P.A. 89-295, eff. 8-11-95.)
| 11 | | (225 ILCS 515/12) (from Ch. 111, par. 915)
| 12 | | Sec. 12. Enforcement of Act; hearing procedure; | 13 | | disciplinary actions; certification of records and costs; | 14 | | action to force compliance with a valid order. | 15 | | (a) The enforcement of this Act shall be entrusted to the | 16 | | Department of
Labor, which shall appoint such inspectors and | 17 | | officers as it may deem
necessary to carry out the provisions | 18 | | of this Act. The Director of Labor or his authorized | 19 | | representative shall have the power to conduct investigations | 20 | | in connection with the administration and enforcement of this | 21 | | Act, and any investigator with the Department shall be | 22 | | authorized to visit and inspect such places and records as the | 23 | | Director of Labor may deem necessary or appropriate to | 24 | | determine if there has been a violation of this Act. | 25 | | (b) The Director of Labor
or his designated representative |
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| 1 | | shall have the power and authority to conduct
hearings in | 2 | | accordance with "The Illinois Administrative Procedure Act",
| 3 | | as now or hereafter amended, subject to appropriation and upon | 4 | | complaint by an authorized officer of
the Department of Labor | 5 | | or any interested person of a violation of the Act
or the rules | 6 | | and regulations of the Department of Labor.
The Director of | 7 | | Labor or his duly qualified
assistants shall have the power to | 8 | | issue subpoenas requiring the
attendance of witnesses and the | 9 | | production of books and papers pertinent
to such hearing, and | 10 | | to administer oaths to such witnesses. If any
witness refuses | 11 | | to obey a subpoena issued hereunder, the Director of
Labor may | 12 | | petition the circuit court of the county in which the hearing
| 13 | | is held for an order requiring the witness to attend and | 14 | | testify or
produce documentary evidence. The circuit court | 15 | | shall hear the petition
and if it appears that the witness | 16 | | should testify or should produce
documentary evidence, it may | 17 | | enter an order requiring the witness to
obey the subpoena. The | 18 | | court may compel obedience by attachment
proceedings as for | 19 | | contempt of court. A calendar of all such hearings
shall be | 20 | | kept by the Department of Labor, and shall be posted in a
| 21 | | conspicuous place in its public office for at least one day | 22 | | before the
date of such hearing. The result of such hearing | 23 | | shall be rendered
within 30 days from the time the matter is | 24 | | finally submitted. | 25 | | (c) After the hearing, if supported by the evidence, the | 26 | | The
Director of Labor may : |
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| 1 | | (1) issue and cause to be served on any party to a | 2 | | formal
hearing if supported by the evidence an order to | 3 | | cease and desist from violation
of the Act ; , | 4 | | (2) take such further affirmative or other action as | 5 | | deemed reasonable
to eliminate the effect of the | 6 | | violation ; , | 7 | | (3)
refuse to issue and may revoke or suspend any
| 8 | | license ; and for any good cause shown within the meaning | 9 | | and purpose of this
Act. | 10 | | (4) determine the amount of any civil penalty permitted | 11 | | by this Act. When it is shown to the satisfaction of the | 12 | | Director of Labor
that any person is guilty of any immoral, | 13 | | fraudulent or illegal conduct
in connection with the | 14 | | conduct of the business, it shall be the duty of
the | 15 | | Director of Labor to revoke or suspend the license of such | 16 | | person,
but notice of such charges shall be presented and | 17 | | reasonable opportunity
shall be given the licensee to | 18 | | defend himself in the manner and form
heretofore provided | 19 | | in this Section of the Act. | 20 | | Whenever the Director
of Labor shall issue an order after | 21 | | hearing as provided in this Section,
refuse to issue, or revoke | 22 | | the license of any such
employment agency or employment | 23 | | counsellor, the determination shall be reviewable
under and in | 24 | | accordance with
the provisions of the
Administrative Review | 25 | | Law. | 26 | | (d) The Department
shall certify the record of its |
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| 1 | | proceedings if the party commencing the
proceedings shall pay | 2 | | to it the cost of preparing and certifying such
records, | 3 | | including the recording and transcribing of all testimony
| 4 | | introduced in the proceedings. If payment for such costs is not | 5 | | made by
the party commencing the proceedings for review within | 6 | | 10 days after
notice from the Department of the cost of | 7 | | preparing and certifying the
record, the court in which the | 8 | | proceeding is pending, on motion of the
Director, shall dismiss | 9 | | the complaint. Whenever, for any cause such
license is revoked, | 10 | | the revocation shall not take effect until 7 days
after such | 11 | | revocation is officially announced; and such revocation shall
| 12 | | be considered good cause for refusing to issue another license | 13 | | to the
person or his representative, or to any person with whom | 14 | | he is to be
associated in the business of furnishing employment | 15 | | or employees. | 16 | | (e)
Whenever it appears that any employment agency has | 17 | | violated a valid order
of the Director of Labor issued under | 18 | | this Act, the Director may commence
an action and obtain from | 19 | | the court an order upon the employment agency
commanding the | 20 | | employment agency to obey the order of the Director or be
| 21 | | adjudged guilty of contempt of court and punished accordingly.
| 22 | | Any person who violates any provisions of this Act, except as | 23 | | provided in
Sections 1, 4 and 10, commits a business offense, | 24 | | and shall be fined up
to $1000. The Department of Labor or its | 25 | | duly authorized agents may
institute criminal proceedings for | 26 | | its enforcement in the circuit court.
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| 1 | | (Source: P.A. 82-783.)
| 2 | | (225 ILCS 515/12.2 new) | 3 | | Sec. 12.2. Civil penalties for violations of the Act; | 4 | | hearing procedure. | 5 | | (a) An employment agency that violates any of the | 6 | | provisions of this Act or any rule adopted under this Act shall | 7 | | be subject to a civil penalty not to exceed $6,000 for | 8 | | violations found in the first audit by the Department. | 9 | | Following a first audit, an employment agency shall be subject | 10 | | to a civil penalty not to exceed $2,500 for each repeat | 11 | | violation found by the Department within 3 years. For purposes | 12 | | of this subsection (a), each violation of this Act, for each | 13 | | day the violation continues, shall constitute a separate and | 14 | | distinct violation. In determining the amount of a penalty, the | 15 | | Director of Labor shall consider the appropriateness of the | 16 | | penalty to the employment agency or employer charged, upon the | 17 | | determination of the gravity of the violations. For any | 18 | | violation determined by the Department to be willful which is | 19 | | within 3 years of an earlier violation, the Department may | 20 | | revoke the license of the violator, if the violator is an | 21 | | employment agency. | 22 | | (b) An employment agency that willfully violates any of the | 23 | | provisions of this Act or any rule adopted under this Act, or | 24 | | obstructs the Department, its inspectors or deputies, or any | 25 | | other person authorized to inspect places of employment under |
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| 1 | | this Act shall be liable for penalties up to double the | 2 | | statutory amount. | 3 | | (c) The Director of Labor may adopt rules in accordance | 4 | | with Section 12 of this Act for the conduct of hearings and | 5 | | collection of penalties assessed under this Section. Penalties | 6 | | assessed under this Section, when determined, may be recovered | 7 | | in a civil action brought by the Director of Labor in any | 8 | | circuit court. In any such action, the Director of Labor shall | 9 | | be represented by the Attorney General. | 10 | | (225 ILCS 515/12.3 new) | 11 | | Sec. 12.3. Violations of the Illinois Minimum Wage Law and | 12 | | the Wage Payment and Collection Act. | 13 | | (a) It is a violation of this Act for an employment agency | 14 | | to refer an individual for employment at a wage rate less than | 15 | | that established by Section 4 of the Illinois Minimum Wage Law, | 16 | | or to facilitate underpayment of wages by an employer in any | 17 | | manner. An employment agency that knowingly refers an | 18 | | individual for employment at less than the minimum wage that | 19 | | results in underpayment to an employee is jointly liable for | 20 | | statutory damages as provided for in Section 12 of the Illinois | 21 | | Minimum Wage Law. | 22 | | (b) It is a violation of this Act for an employment agency | 23 | | to facilitate illegal deductions from wages or nonpayment of | 24 | | wages by an employer in violation of the Wage Payment and | 25 | | Collection Act. An employment agency that facilitates illegal |
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| 1 | | deduction of wages or nonpayment of wages is jointly liable for | 2 | | statutory damages as provided for in Section 14 of the Wage | 3 | | Payment and Collection Act. | 4 | | (225 ILCS 515/12.4 new) | 5 | | Sec. 12.4. Employer violations of Act; civil penalties; | 6 | | hearing procedure. | 7 | | (a) An employment agency shall be required to provide each | 8 | | of its employer clients with proof of a valid license issued by | 9 | | the Department at the time of entering into a contract. An | 10 | | employment agency shall be required to notify, both by | 11 | | telephone and in writing, each employer with whom it contracts | 12 | | within 24 hours of any denial, suspension, or revocation of its | 13 | | license by the Department. All contracts between any employment | 14 | | agency and any employer shall be considered null and void from | 15 | | the date any denial, suspension, or revocation of license | 16 | | becomes effective and until such time as the employment agency | 17 | | becomes licensed and considered in good standing by the | 18 | | Department. | 19 | | (b) The Department shall provide on the Internet a list of | 20 | | entities licensed as employment agencies, as provided for in | 21 | | Section 1 of this Act. An employer may rely on information | 22 | | provided by the Department or maintained on the Department's | 23 | | website pursuant to Section 1 of this Act and shall be held | 24 | | harmless if the information maintained or provided by the | 25 | | Department was inaccurate. It is a violation of this Act for an |
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| 1 | | employer to accept a referral of an individual for employment | 2 | | from an employment agency not licensed under Section 1.5 of | 3 | | this Act. | 4 | | If, upon investigation, the Department finds that a | 5 | | violation of this subsection (b) has occurred, for a first | 6 | | violation by an employer, the Department shall provide notice | 7 | | to any employer that it finds is doing business with an | 8 | | unlicensed employment agency. The notice shall identify the | 9 | | unlicensed entity, indicate that any contract between the | 10 | | unlicensed employment agency and the employer client is null | 11 | | and void, provide information regarding the Department's | 12 | | website that lists licensed employment agencies, and inform the | 13 | | employer of penalties for subsequent violations. | 14 | | For a second violation by an employer, or if the first | 15 | | violation is not remedied within 10 days of notice by the | 16 | | Department, the Director may impose a civil penalty of up to | 17 | | $500 for each referral of an individual for employment accepted | 18 | | from an employment agency not licensed under Section 1.5. | 19 | | For any violation by an employer after the second | 20 | | violation, the Director may impose a civil penalty of up to | 21 | | $1,500 for each referral of an individual for employment | 22 | | accepted from an employment agency not licensed under Section | 23 | | 1.5. If the first violation is not remedied within 30 days of | 24 | | notice by the Department, the Director may impose an additional | 25 | | civil penalty of up to $1,500 for every 30 days that passes | 26 | | thereafter. |
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| 1 | | (c) The Director of Labor may adopt rules for the conduct | 2 | | of hearings and collection of these penalties assessed under | 3 | | this Section in accordance with Section 12 of this Act. The | 4 | | amount of these penalties, when finally determined, may be | 5 | | recovered in a civil action brought by the Director of Labor in | 6 | | any circuit court. In any such action, the Director of Labor | 7 | | shall be represented by the Attorney General. | 8 | | (225 ILCS 515/12.5 new) | 9 | | Sec. 12.5. Employment agency retaliation against | 10 | | employees; civil penalties; right of private suit. | 11 | | (a) It is a violation of this Act for a private employment | 12 | | agency, or any agent of a private employment agency, to | 13 | | retaliate in any manner against any employee for exercising any | 14 | | rights granted under this Act or any rights granted by the wage | 15 | | laws of this State. Specifically, it is a violation of this Act | 16 | | for a private employment agency or employer to retaliate | 17 | | against an employee for: | 18 | | (1) making a complaint to an employment agency, to an | 19 | | employer, to a co-worker, to a community organization, | 20 | | before a public hearing, or to a State or federal agency | 21 | | that rights guaranteed under this Act or any wage law of | 22 | | this State have been violated; | 23 | | (2) causing to be instituted any proceeding under or | 24 | | related to this Act or any wage law of this State; or | 25 | | (3) testifying or preparing to testify in an |
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| 1 | | investigation or proceeding under this Act or any wage law | 2 | | of this State. | 3 | | (b) Such retaliation shall subject an employment agency to | 4 | | civil penalties pursuant to Section 12.1 of this Act. The | 5 | | Director may adopt rules for the conduct of hearings and | 6 | | collection of these penalties assessed under this Section in | 7 | | accordance with Section 12 of this Act. | 8 | | (c) An individual who is retaliated against in violation of | 9 | | this Section may, alternately, bring a private suit to recover | 10 | | all legal or equitable relief as may be appropriate and | 11 | | attorney's fees and costs. Such a suit must be brought in the | 12 | | circuit court of Illinois in the county where the alleged | 13 | | offense occurred or where the employment agency is located. The | 14 | | right of an aggrieved individual to bring an action under this | 15 | | Section terminates upon the passing of 3 years from the date of | 16 | | referral by the employment agency. This limitations period is | 17 | | tolled if the employment agency has deterred the employee's | 18 | | exercise of rights under this Act. | 19 | | (225 ILCS 515/12.6 new) | 20 | | Sec. 12.6. Child Labor and Day and Temporary Labor Services | 21 | | Enforcement Fund. All moneys received as fees and penalties | 22 | | under this Act shall be deposited into the Child Labor and Day | 23 | | and Temporary Labor Services Enforcement Fund and may be used | 24 | | for the purposes set forth in Section 17.3 of the Child Labor | 25 | | Law.
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| 1 | | Section 10. The Child Labor Law is amended by changing | 2 | | Section 17.3 as follows:
| 3 | | (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
| 4 | | Sec. 17.3.
Any employer who violates any of the provisions | 5 | | of this
Act or any rule or regulation issued under the Act | 6 | | shall be subject to a
civil penalty of not to exceed $5,000 for | 7 | | each such violation. In
determining the amount of such penalty, | 8 | | the appropriateness of such
penalty to the size of the business | 9 | | of the employer charged and the
gravity of the violation shall | 10 | | be considered. The amount of such
penalty, when finally | 11 | | determined, may be
| 12 | | (1) recovered in a civil action brought by the Director | 13 | | of Labor in
any circuit court, in which litigation the | 14 | | Director of Labor
shall be represented by the Attorney | 15 | | General;
| 16 | | (2) ordered by the court, in an action brought for | 17 | | violation under
Section 19, to be paid to the Director of | 18 | | Labor.
| 19 | | Any administrative determination by the Department of | 20 | | Labor of the
amount of each penalty shall be final unless | 21 | | reviewed as provided in
Section 17.1 of this Act.
| 22 | | Civil penalties recovered under this Section shall be paid | 23 | | into the
Child Labor and Day and Temporary Labor Services | 24 | | Enforcement Fund, a special fund
which
is hereby
created in the
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| 1 | | State treasury. Moneys in the Fund may be used,
subject to
| 2 | | appropriation, for exemplary programs, demonstration projects, | 3 | | and other
activities or purposes related to the enforcement of | 4 | | this Act or for the
activities or purposes related to the | 5 | | enforcement of the Day and Temporary
Labor Services Act , or for | 6 | | the activities or purposes related to the enforcement of the | 7 | | Private Employment Agency Act .
| 8 | | (Source: P.A. 98-463, eff. 8-16-13.)
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