Illinois General Assembly - Full Text of HB2862
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Full Text of HB2862  103rd General Assembly

HB2862sam001 103RD GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 5/9/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2862

2    AMENDMENT NO. ______. Amend House Bill 2862 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Day and Temporary Labor Services Act is
5amended by changing Sections 2, 5, 30, 45, 50, 55, 70, and 85
6and by adding Sections 11, 42, and 67 as follows:
 
7    (820 ILCS 175/2)
8    Sec. 2. Legislative Findings. The General Assembly finds
9as follows:
10    Since the passage of this Act, the number of Over 300,000
11workers who work as day or temporary laborers in Illinois has
12risen from approximately 300,000 to more than 650,000
13according to data collected by the Department of Labor.
14    Since the passage of this Act, the number of Approximately
15150 day labor and temporary labor service agencies registered
16in Illinois has risen from approximately 150 with 600 branch

 

 

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1offices to over 300 with over 800 branch offices with nearly
2600 branch offices are licensed throughout Illinois. In
3addition, there still exists is a significant large, though
4unknown, number of unregistered unlicensed day labor and
5temporary labor service agencies that operate outside the
6radar of law enforcement.
7    Recent studies and a survey of low-wage day or temporary
8laborers themselves have consistently found finds that as a
9group, they are particularly vulnerable to abuse of their
10labor rights, including unpaid wages, failure to pay for all
11hours worked, minimum wage and overtime violations, and
12unlawful deductions deduction from pay for meals,
13transportation, equipment, and other items.
14    Current law is inadequate to protect the labor and
15employment rights of these workers.
16    At the same time, in Illinois and in other states,
17democratically run nonprofit day labor centers, which charge
18no fee for their services, have been established to provide an
19alternative for day or temporary laborers to solicit work on
20street corners. These centers are not subject to this Act.
21(Source: P.A. 94-511, eff. 1-1-06.)
 
22    (820 ILCS 175/5)
23    Sec. 5. Definitions. As used in this Act:
24    "Day or temporary laborer" means a natural person who
25contracts for employment with a day and temporary labor

 

 

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1service agency.
2    "Day and temporary labor" means work performed by a day or
3temporary laborer at a third party client, the duration of
4which may be specific or undefined, pursuant to a contract or
5understanding between the day and temporary labor service
6agency and the third party client. "Day and temporary labor"
7does not include labor or employment of a professional or
8clerical nature.
9    "Day and temporary labor service agency" means any person
10or entity engaged in the business of employing day or
11temporary laborers to provide services, for a fee, to or for
12any third party client pursuant to a contract with the day and
13temporary labor service agency and the third party client.
14    "Department" means the Department of Labor.
15    "Interested party" means an organization that monitors or
16is attentive to compliance with public or worker safety laws,
17wage and hour requirements, or other statutory requirements.
18    "Third party client" means any person that contracts with
19a day and temporary labor service agency for obtaining day or
20temporary laborers.
21    "Person" means every natural person, firm, partnership,
22co-partnership, limited liability company, corporation,
23association, business trust, or other legal entity, or its
24legal representatives, agents, or assigns.
25(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
 

 

 

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1    (820 ILCS 175/11 new)
2    Sec. 11. Right to refuse assignment to a labor dispute.
3    (a) No day and temporary labor service agency may send a
4day or temporary laborer to a place where a strike, a lockout,
5or other labor trouble exists without providing, at or before
6the time of dispatch, a statement, in writing and in a language
7that the day and temporary laborer understands, informing the
8day or temporary laborer of the labor dispute and the day or
9temporary laborer's right to refuse the assignment without
10prejudice to receiving another assignment.
11    (b) The failure by a day and temporary labor service
12agency to provide any of the information required by this
13Section shall constitute a notice violation under Section 95.
14The failure of a day and temporary labor service agency to
15provide each piece of information required by this Section at
16each time it is required by this Section shall constitute a
17separate and distinct notice violation. If a day and temporary
18labor service agency claims that it has provided a notice as
19required under this Section electronically, the day and
20temporary labor service agency shall bear the burden of
21showing that the notice was provided if there is a dispute.
 
22    (820 ILCS 175/30)
23    Sec. 30. Wage Payment and Notice.
24    (a) At the time of payment of wages, a day and temporary
25labor service agency shall provide each day or temporary

 

 

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1laborer with a detailed itemized statement, on the day or
2temporary laborer's paycheck stub or on a form approved by the
3Department, listing the following:
4        (1) the name, address, and telephone number of each
5    third party client at which the day or temporary laborer
6    worked. If this information is provided on the day or
7    temporary laborer's paycheck stub, a code for each third
8    party client may be used so long as the required
9    information for each coded third party client is made
10    available to the day or temporary laborer;
11        (2) the number of hours worked by the day or temporary
12    laborer at each third party client each day during the pay
13    period. If the day or temporary laborer is assigned to
14    work at the same work site of the same third party client
15    for multiple days in the same work week, the day and
16    temporary labor service agency may record a summary of
17    hours worked at that third party client's worksite so long
18    as the first and last day of that work week are identified
19    as well. The term "hours worked" has the meaning ascribed
20    to that term in 56 Ill. Adm. Code 210.110 and in accordance
21    with all applicable rules or court interpretations under
22    56 Ill. Adm. Code 210.110;
23        (3) the rate of payment for each hour worked,
24    including any premium rate or bonus;
25        (4) the total pay period earnings;
26        (5) all deductions made from the day or temporary

 

 

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1    laborer's compensation made either by the third party
2    client or by the day and temporary labor service agency,
3    and the purpose for which deductions were made, including
4    for the day or temporary laborer's transportation, food,
5    equipment, withheld income tax, withheld social security
6    payments, and every other deduction; and
7        (6) any additional information required by rules
8    issued by the Department.
9    (a-1) For each day or temporary laborer who is contracted
10to work a single day, the third party client shall, at the end
11of the work day, provide such day or temporary laborer with a
12Work Verification Form, approved by the Department, which
13shall contain the date, the day or temporary laborer's name,
14the work location, and the hours worked on that day. Any third
15party client who violates this subsection (a-1) may be subject
16to a civil penalty of not less than $100 and not more than
17$1,500 to exceed $500 for each violation found by the
18Department. Such civil penalty shall may increase to not less
19than $500 and not more than $7,500 $2,500 for a second or
20subsequent violation. For purposes of this subsection (a-1),
21each violation of this subsection (a-1) for each day or
22temporary laborer and for each day the violation continues
23shall constitute a separate and distinct violation.
24    (b) A day and temporary labor service agency shall provide
25each worker an annual earnings summary within a reasonable
26time after the preceding calendar year, but in no case later

 

 

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1than February 1. A day and temporary labor service agency
2shall, at the time of each wage payment, give notice to day or
3temporary laborers of the availability of the annual earnings
4summary or post such a notice in a conspicuous place in the
5public reception area.
6    (c) At the request of a day or temporary laborer, a day and
7temporary labor service agency shall hold the daily wages of
8the day or temporary laborer and make either weekly,
9bi-weekly, or semi-monthly payments. The wages shall be paid
10in a single check, or, at the day or temporary laborer's sole
11option, by direct deposit or other manner approved by the
12Department, representing the wages earned during the period,
13either weekly, bi-weekly, or semi-monthly, designated by the
14day or temporary laborer in accordance with the Illinois Wage
15Payment and Collection Act. Vouchers or any other method of
16payment which is not generally negotiable shall be prohibited
17as a method of payment of wages. Day and temporary labor
18service agencies that make daily wage payments shall provide
19written notification to all day or temporary laborers of the
20right to request weekly, bi-weekly, or semi-monthly checks.
21The day and temporary labor service agency may provide this
22notice by conspicuously posting the notice at the location
23where the wages are received by the day or temporary laborers.
24    (d) No day and temporary labor service agency shall charge
25any day or temporary laborer for cashing a check issued by the
26agency for wages earned by a day or temporary laborer who

 

 

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1performed work through that agency. No day and temporary labor
2service agency or third party client shall charge any day or
3temporary laborer for the expense of conducting any consumer
4report, as that term is defined in the Fair Credit Reporting
5Act, 15 U.S.C. 1681a(d), any criminal background check of any
6kind, or any drug test of any kind.
7    (e) Day or temporary laborers shall be paid no less than
8the wage rate stated in the notice as provided in Section 10 of
9this Act for all the work performed on behalf of the third
10party client in addition to the work listed in the written
11description.
12    (f) The total amount deducted for meals, equipment, and
13transportation may not cause a day or temporary laborer's
14hourly wage to fall below the State or federal minimum wage.
15However, a day and temporary labor service agency may deduct
16the actual market value of reusable equipment provided to the
17day or temporary laborer by the day and temporary labor
18service agency which the day or temporary laborer fails to
19return, if the day or temporary laborer provides a written
20authorization for such deduction at the time the deduction is
21made.
22    (g) A day or temporary laborer who is contracted by a day
23and temporary labor service agency to work at a third party
24client's worksite but is not utilized by the third party
25client shall be paid by the day and temporary labor service
26agency for a minimum of 4 hours of pay at the agreed upon rate

 

 

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1of pay. However, in the event the day and temporary labor
2service agency contracts the day or temporary laborer to work
3at another location during the same shift, the day or
4temporary laborer shall be paid by the day and temporary labor
5service agency for a minimum of 2 hours of pay at the agreed
6upon rate of pay.
7    (h) A third party client is required to pay wages and
8related payroll taxes to a licensed day and temporary labor
9service agency for services performed by the day or temporary
10laborer for the third party client according to payment terms
11outlined on invoices, service agreements, or stated terms
12provided by the day and temporary labor service agency. A
13third party client who fails to comply with this subsection
14(h) is subject to the penalties provided in Section 70 of this
15Act. The Department shall review a complaint filed by a
16licensed day and temporary labor agency. The Department shall
17review the payroll and accounting records of the day and
18temporary labor service agency and the third party client for
19the period in which the violation of this Act is alleged to
20have occurred to determine if wages and payroll taxes have
21been paid to the agency and that the day or temporary laborer
22has been paid the wages owed him or her.
23(Source: P.A. 100-517, eff. 6-1-18.)
 
24    (820 ILCS 175/42 new)
25    Sec. 42. Equal pay for equal work. A day or temporary

 

 

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1laborer who is assigned to work at a third party client for
2more than 60 calendar days shall be paid not less than the rate
3of pay and equivalent benefits as the lowest paid directly
4hired employee of the third party client with the same level of
5seniority at the company and performing the same or
6substantially similar work on jobs the performance of which
7requires substantially similar skill, effort, and
8responsibility, and that are performed under similar working
9conditions. If there is not a directly hired comparative
10employee of the third party client, the day or temporary
11laborer shall be paid not less than the rate of pay and
12equivalent benefits of the lowest paid direct hired employee
13of the company with the closest level of seniority at the
14company. A day and temporary labor service agency may pay the
15hourly cash equivalent of the actual cost benefits in lieu of
16benefits required under this Section. Upon request, a third
17party client to which a day or temporary laborer has been
18assigned for more than 60 calendar days shall be obligated to
19timely provide the day and temporary labor service agency with
20all necessary information related to job duties, pay, and
21benefits of directly hired employees necessary for the day and
22temporary labor service agency to comply with this Section.
23The failure by a third party client to provide any of the
24information required under this Section shall constitute a
25notice violation by the third party client under Section 95.
26For purposes of this Section, the day and temporary labor

 

 

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1service agency shall be considered a person aggrieved as
2described in Section 95.
 
3    (820 ILCS 175/45)
4    Sec. 45. Registration; Department of Labor.
5    (a) A day and temporary labor service agency which is
6located, operates or transacts business within this State
7shall register with the Department of Labor in accordance with
8rules adopted by the Department for day and temporary labor
9service agencies and shall be subject to this Act and any rules
10adopted under this Act. Each day and temporary labor service
11agency shall provide proof of an employer account number
12issued by the Department of Employment Security for the
13payment of unemployment insurance contributions as required
14under the Unemployment Insurance Act, and proof of valid
15workers' compensation insurance in effect at the time of
16registration covering all of its employees. If, at any time, a
17day and temporary labor service agency's workers' compensation
18insurance coverage lapses, the agency shall have an
19affirmative duty to report the lapse of such coverage to the
20Department and the agency's registration shall be suspended
21until the agency's workers' compensation insurance is
22reinstated. The Department may assess each day and temporary
23labor service agency a non-refundable registration fee not
24exceeding $3,000 $1,000 per year per agency and a
25non-refundable fee not to exceed $750 $250 for each branch

 

 

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1office or other location where the agency regularly contracts
2with day or temporary laborers for services. The fee may be
3paid by check, money order, or the State Treasurer's E-Pay
4program or any successor program, and the Department may not
5refuse to accept a check on the basis that it is not a
6certified check or a cashier's check. The Department may
7charge an additional fee to be paid by a day and temporary
8labor service agency if the agency, or any person on the
9agency's behalf, issues or delivers a check to the Department
10that is not honored by the financial institution upon which it
11is drawn. The Department shall also adopt rules for violation
12hearings and penalties for violations of this Act or the
13Department's rules in conjunction with the penalties set forth
14in this Act.
15    (a-1) At the time of registration with the Department of
16Labor each year, the day and temporary labor service agency
17shall submit to the Department of Labor a report containing
18the information identified in paragraph (9) of subsection (a)
19of Section 12, broken down by branch office, in the aggregate
20for all day or temporary laborers assigned within Illinois and
21subject to this Act during the preceding year. This
22information shall be submitted on a form created by the
23Department of Labor. The Department of Labor shall aggregate
24the information submitted by all registering day and temporary
25labor service agencies by removing identifying data and shall
26have the information available to the public only on a

 

 

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1municipal and county basis. As used in this paragraph,
2"identifying data" means any and all information that: (i)
3provides specific information on individual worker identity;
4(ii) identifies the service agency in any manner; and (iii)
5identifies clients utilizing the day and temporary labor
6service agency or any other information that can be traced
7back to any specific registering day and temporary labor
8service agency or its client. The information and reports
9submitted to the Department of Labor under this subsection by
10the registering day and temporary labor service agencies are
11exempt from inspection and copying under Section 7.5 of the
12Freedom of Information Act.
13    (b) It is a violation of this Act to operate a day and
14temporary labor service agency without first registering with
15the Department in accordance with subsection (a) of this
16Section. The Department shall create and maintain at regular
17intervals on its website, accessible to the public: (1) a list
18of all registered day and temporary labor service agencies in
19the State whose registration is in good standing; (2) a list of
20day and temporary labor service agencies in the State whose
21registration has been suspended, including the reason for the
22suspension, the date the suspension was initiated, and the
23date, if known, the suspension is to be lifted; and (3) a list
24of day and temporary labor service agencies in the State whose
25registration has been revoked, including the reason for the
26revocation and the date the registration was revoked. The

 

 

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1Department has the authority to assess a penalty against any
2day and temporary labor service agency that fails to register
3with the Department of Labor in accordance with this Act or any
4rules adopted under this Act of $500 for each violation. Each
5day during which a day and temporary labor service agency
6operates without registering with the Department shall be a
7separate and distinct violation of this Act.
8    (c) An applicant is not eligible to register to operate a
9day and temporary labor service agency under this Act if the
10applicant or any of its officers, directors, partners, or
11managers or any owner of 25% or greater beneficial interest:
12        (1) has been involved, as owner, officer, director,
13    partner, or manager, of any day and temporary labor
14    service agency whose registration has been revoked or has
15    been suspended without being reinstated within the 5 years
16    immediately preceding the filing of the application; or
17        (2) is under the age of 18.
18    (d) Every agency shall post and keep posted at each
19location, in a position easily accessible to all employees,
20notices as supplied and required by the Department containing
21a copy or summary of the provisions of the Act and a notice
22which informs the public of a toll-free telephone number for
23day or temporary laborers and the public to file wage dispute
24complaints and other alleged violations by day and temporary
25labor service agencies. Such notices shall be in English or
26any other language generally understood in the locale of the

 

 

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1day and temporary labor service agency.
2(Source: P.A. 100-517, eff. 6-1-18.)
 
3    (820 ILCS 175/50)
4    Sec. 50. Violations. The Department shall have the
5authority to deny, suspend, or revoke the registration of a
6day and temporary labor service agency if warranted by public
7health and safety concerns or violations of this Act. The
8Attorney General, pursuant to its authority under Section 6.3
9of the Attorney General Act, may request that a circuit court
10suspend or revoke the registration of a day and temporary
11labor service agency when warranted by public health concern
12or violations of this Act. The Attorney General shall provide
13notice to the Director prior to requesting the suspension or
14revocation of the registration of a day and temporary labor
15service agency.
16(Source: P.A. 94-511, eff. 1-1-06.)
 
17    (820 ILCS 175/55)
18Sec. 55. Enforcement by the Department.
19    It shall be the duty of the Department to enforce the
20provisions of this Act. The Department shall have the power to
21conduct investigations in connection with the administration
22and enforcement of this Act and any investigator with the
23Department shall be authorized to visit and inspect, at all
24reasonable times, any places covered by this Act and shall be

 

 

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1authorized to inspect, at all reasonable times, contracts for
2the employment of all day or temporary laborers entered into
3by a third party client if the Department has received a
4complaint indicating that the third party client may have
5contracted with a day and temporary labor service agency that
6is not registered under this Act. The Department shall conduct
7hearings in accordance with the Illinois Administrative
8Procedure Act upon written complaint by an investigator of the
9Department or any interested person of a violation of the Act.
10After the hearing, if supported by the evidence, the
11Department may (i) issue and cause to be served on any party an
12order to cease and desist from further violation of the Act,
13(ii) take affirmative or other action as deemed reasonable to
14eliminate the effect of the violation, (iii) deny, suspend, or
15revoke any registration under this Act, and (iv) determine the
16amount of any civil penalty allowed by the Act. The Director of
17Labor or his or her representative may compel, by subpoena,
18the attendance and testimony of witnesses and the production
19of books, payrolls, records, papers, and other evidence in any
20investigation or hearing and may administer oaths to
21witnesses. Nothing in this Act applies to labor or employment
22of a clerical or professional nature.
23(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
 
24    (820 ILCS 175/67 new)
25    Sec. 67. Action for civil penalties brought by an

 

 

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1interested party.
2    (a) Upon a reasonable belief that a day and temporary
3labor service agency or a third party client covered by this
4Act is in violation of any part of this Act, an interested
5party may initiate a civil action in the county where the
6alleged offenses occurred or where any party to the action
7resides, asserting that a violation of the Act has occurred,
8pursuant to the following sequence of events:
9        (1) The interested party submits to the Department of
10    Labor a complaint describing the violation and naming the
11    day or temporary labor service agency or third party
12    client alleged to have violated this Act.
13        (2) The Department sends notice of complaint to the
14    named parties alleged to have violated this Act and the
15    interested party. The named parties may either contest the
16    alleged violation or cure the alleged violation.
17        (3) The named parties contest or cure the alleged
18    violation within 30 days after the receipt of the notice
19    of complaint or, if the named party does not respond
20    within 30 days, the Department issues a notice of right to
21    sue to the interested party as described in paragraph (4).
22        (4) The Department issues a notice of right to sue to
23    the interested party, if one or more of the following has
24    occurred:
25            (i) the named party has cured the alleged
26        violation to the satisfaction of the Director;

 

 

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1            (ii) the Director has determined that the
2        allegation is unjustified or that the Department does
3        not have jurisdiction over the matter or the parties;
4        or
5            (iii) the Director has determined that the
6        allegation is justified or has not made a
7        determination, and either has decided not to exercise
8        jurisdiction over the matter or has concluded
9        administrative enforcement of the matter.
10    (b) If within 180 days after service of the notice of
11complaint to the parties, the Department has not (i) resolved
12the contest and cure period, (ii) with the mutual agreement of
13the parties, extended the time for the named party to cure the
14violation and resolve the complaint, or (iii) issued a right
15to sue letter, the interested party may initiate a civil
16action for penalties. The parties may extend the 180-day
17period by mutual agreement. The limitations period for the
18interested party to bring an action for the alleged violation
19of the Act shall be tolled for the 180-day period and for the
20period of any mutually agreed extensions. At the end of the
21180-day period, or any mutually agreed extensions, the
22Department shall issue a right to sue letter to the interested
23party.
24    (c) Any claim or action filed under this Section must be
25made within 3 years of the alleged conduct resulting in the
26complaint plus any period for which the limitations period has

 

 

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1been tolled.
2    (d) In an action brought pursuant to this Section, an
3interested party may recover against the covered entity any
4statutory penalties set forth in Section 70 and injunctive
5relief. An interested party who prevails in a civil action
6shall receive 10% of any statutory penalties assessed, plus
7any attorneys' fees and expenses in bringing the action. The
8remaining 90% of any statutory penalties assessed shall be
9deposited into the Child Labor and Day and Temporary Labor
10Services Enforcement Fund and shall be used exclusively for
11the purposes set forth in Section 17.3 of the Child Labor Law.
 
12    (820 ILCS 175/70)
13    Sec. 70. Penalties.
14    (a) A day and temporary labor service agency or third
15party client that violates any of the provisions of this Act or
16any rule adopted under this Act shall be subject to a civil
17penalty of not less than $100 and not more than $18,000 to
18exceed $6,000 for violations found in the first audit by the
19Department or determined by a court in a civil action brought
20by an interested party, or determined by a court in a civil
21action brought by the Attorney General pursuant to its
22authority under Section 6.3 of the Attorney General Act.
23Following a first audit or civil action, a day and temporary
24labor service agency or third party client shall be subject to
25a civil penalty of not less than $250 and not more than $7,500

 

 

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1to exceed $2,500 for each repeat violation found by the
2Department or circuit court within 3 years. For purposes of
3this subsection, each violation of this Act for each day or
4temporary laborer and for each day the violation continues
5shall constitute a separate and distinct violation. In
6determining the amount of a penalty, the Director or circuit
7court shall consider the appropriateness of the penalty to the
8day and temporary labor service agency or third party client
9charged, upon the determination of the gravity of the
10violations. For any violation determined by the Department or
11circuit court to be willful which is within 3 years of an
12earlier violation, the Department may revoke the registration
13of the violator, if the violator is a day and temporary labor
14service agency. The amount of the penalty, when finally
15determined, may be:
16        (1) Recovered in a civil action brought by the
17    Director of Labor in any circuit court. In this
18    litigation, the Director of Labor shall be represented by
19    the Attorney General.
20        (2) Ordered by the court, in an action brought by any
21    party, including the Attorney General pursuant to its
22    authority under Section 6.3 of the Attorney General Act,
23    for a violation under this Act, to be paid to the Director
24    of Labor.
25    (b) The Department shall adopt rules for violation
26hearings and penalties for violations of this Act or the

 

 

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1Department's rules in conjunction with the penalties set forth
2in this Act.
3    Any administrative determination by the Department as to
4the amount of each penalty shall be final unless reviewed as
5provided in Section 60 of this Act.
6(Source: P.A. 96-1185, eff. 7-22-10.)
 
7    (820 ILCS 175/85)
8    Sec. 85. Third party clients.
9    (a) It is a violation of this Act for a third party client
10to enter into a contract for the employment of day or temporary
11laborers with any day and temporary labor service agency not
12registered under Section 45 of this Act. A third party client
13has a duty to verify a day and temporary labor service agency's
14status with the Department before entering into a contract
15with such an agency, and on March 1 and September 1 of each
16year. A day and temporary labor service agency shall be
17required to provide each of its third party clients with proof
18of valid registration issued by the Department at the time of
19entering into a contract. A day and temporary labor service
20agency shall be required to notify, both by telephone and in
21writing, each day or temporary laborer it employs and each
22third party client with whom it has a contract within 24 hours
23of any denial, suspension, or revocation of its registration
24by the Department. All contracts between any day and temporary
25labor service agency and any third party client shall be

 

 

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1considered null and void from the date any such denial,
2suspension, or revocation of registration becomes effective
3and until such time as the day and temporary labor service
4agency becomes registered and considered in good standing by
5the Department as provided in Section 50 and Section 55. Upon
6request, the Department shall provide to a third party client
7a list of entities registered as day and temporary labor
8service agencies. The Department shall provide on the Internet
9a list of entities registered as day and temporary labor
10service agencies. A third party client may rely on information
11provided by the Department or maintained on the Department's
12website pursuant to Section 45 of this Act and shall be held
13harmless if such information maintained or provided by the
14Department was inaccurate. Any third party client that
15violates this provision of the Act is subject to a civil
16penalty of not less than $100 and not to exceed $1,500 $500.
17Each day during which a third party client contracts with a day
18and temporary labor service agency not registered under
19Section 45 of this Act shall constitute a separate and
20distinct offense.
21    (b) If a third party client leases or contracts with a day
22and temporary service agency for the services of a day or
23temporary laborer, the third party client shall share all
24legal responsibility and liability for the payment of wages
25under the Illinois Wage Payment and Collection Act and the
26Minimum Wage Law.

 

 

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1    (c) Before the assignment of an employee to a worksite
2employer, a day and temporary labor service agency must:
3        (1) inquire about the client company's safety and
4    health practices and hazards at the actual workplace where
5    the day or temporary laborer will be working to assess the
6    safety conditions, workers tasks, and the client company's
7    safety program; these activities are required at the start
8    of any contract to place day or temporary laborers and may
9    include visiting the client company's actual worksite. If,
10    during the inquiry or anytime during the period of the
11    contract, the day and temporary labor service agency
12    becomes aware of existing job hazards that are not
13    mitigated by the client company, the day and temporary
14    labor service agency must make the client company aware,
15    urge the client company to correct it, and document these
16    efforts, otherwise the day and temporary labor service
17    agency must remove the day or temporary laborers from the
18    client company's worksite;
19        (2) provide training to the day or temporary laborer
20    for general awareness safety training for recognized
21    industry hazards the day or temporary laborer may
22    encounter at the client company's worksite. Industry
23    hazard training must be completed, in the preferred
24    language of the day or temporary laborer, and must be
25    provided at no expense to the day or temporary laborer.
26    The training date and training content must be maintained

 

 

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1    by the day and temporary staffing agency and provided to
2    the day or temporary laborer;
3        (3) transmit a general description of the training
4    program including topics covered to the client company,
5    whether electronically or on paper, at the start of the
6    contract with the client company;
7        (4) provide the Department's hotline number for the
8    employee to call to report safety hazards and concerns as
9    part of the employment materials provided to the day or
10    temporary laborer; and
11        (5) inform the day or temporary laborer who the day or
12    temporary laborer should report safety concerns to at the
13    workplace.
14    Nothing in this Section shall diminish any existing client
15company or a day and temporary labor service agency's
16responsibility as an employer to provide a place of employment
17free from recognized hazards or to otherwise comply with other
18health and safety or employment laws. The client company and
19the day and temporary labor service agency are responsible for
20compliance with this Section and the rules adopted under this
21Section.
22    (d) Before the day or temporary laborer engages in work
23for a client company, the client company must:
24        (1) document and inform the day and temporary labor
25    service agency about anticipated job hazards likely
26    encountered by the day or temporary laborer;

 

 

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1        (2) review the safety and health awareness training
2    provided by the day and temporary labor service agency to
3    determine if it addresses recognized hazards for the
4    client company's industry;
5        (3) provide specific training tailored to the
6    particular hazards at the client company's worksite; and
7        (4) document and maintain records of site-specific
8    training and provide confirmation that the training
9    occurred to the day and temporary labor service agency
10    within 3 business days of providing the training.
11    (e) If the client company changes the job tasks or work
12location and new hazards may be encountered, the client
13company must:
14        (1) inform both the day and temporary labor service
15    agency and the day or temporary laborer; and
16        (2) inform both the day and temporary labor service
17    agency staffing agency and the day or temporary laborer of
18    job hazards not previously covered before the day or
19    temporary laborer undertakes the new tasks and update
20    personal protective equipment and training for the new job
21    tasks, if necessary.
22    (f) A day and temporary labor service agency or day or
23temporary laborer may refuse a new job task at the worksite
24when the task has not been reviewed or if the day or temporary
25laborer has not had appropriate training to do the new task.
26    (g) A client company that supervises a day or temporary

 

 

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1laborer must provide worksite specific training to the day or
2temporary laborer and must allow a day and temporary labor
3service agency to visit any worksite where the day or
4temporary laborer works or will be working to observe and
5confirm the client company's training and information related
6to the worksite's job tasks, safety and health practices, and
7hazards.
8(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
 
9    Section 99. Effective date. This Act takes effect July 1,
102023.".