Full Text of HB3471 94th General Assembly
HB3471enr 94TH GENERAL ASSEMBLY
|
|
|
HB3471 Enrolled |
|
LRB094 09860 WGH 41853 b |
|
| 1 |
| AN ACT concerning employment.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The State Finance Act is amended by changing | 5 |
| Section 8h as follows: | 6 |
| (30 ILCS 105/8h)
| 7 |
| Sec. 8h. Transfers to General Revenue Fund. | 8 |
| (a) Except as provided in subsection (b), notwithstanding | 9 |
| any other
State law to the contrary, the Governor
may, through | 10 |
| June 30, 2007, from time to time direct the State Treasurer and | 11 |
| Comptroller to transfer
a specified sum from any fund held by | 12 |
| the State Treasurer to the General
Revenue Fund in order to | 13 |
| help defray the State's operating costs for the
fiscal year. | 14 |
| The total transfer under this Section from any fund in any
| 15 |
| fiscal year shall not exceed the lesser of (i) 8% of the | 16 |
| revenues to be deposited
into the fund during that fiscal year | 17 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 18 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 19 |
| 2005 only, prior to calculating the July 1, 2004 final | 20 |
| balances, the Governor may calculate and direct the State | 21 |
| Treasurer with the Comptroller to transfer additional amounts | 22 |
| determined by applying the formula authorized in Public Act | 23 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 24 |
| be made from a fund under this Section that would have the
| 25 |
| effect of reducing the available balance in the fund to an | 26 |
| amount less than
the amount remaining unexpended and unreserved | 27 |
| from the total appropriation
from that fund estimated to be | 28 |
| expended for that fiscal year. This Section does not apply to | 29 |
| any
funds that are restricted by federal law to a specific use, | 30 |
| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | 31 |
| Fund, the Medicaid Provider Relief Fund, or the Reviewing Court | 32 |
| Alternative Dispute Resolution Fund, or to any
funds to which |
|
|
|
HB3471 Enrolled |
- 2 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| subsection (f) of Section 20-40 of the Nursing and Advanced | 2 |
| Practice Nursing Act applies. Notwithstanding any
other | 3 |
| provision of this Section, for fiscal year 2004,
the total | 4 |
| transfer under this Section from the Road Fund or the State
| 5 |
| Construction Account Fund shall not exceed the lesser of (i) 5% | 6 |
| of the revenues to be deposited
into the fund during that | 7 |
| fiscal year or (ii) 25% of the beginning balance in the fund.
| 8 |
| For fiscal year 2005 through fiscal year 2007, no amounts may | 9 |
| be transferred under this Section from the Road Fund, the State | 10 |
| Construction Account Fund, the Criminal Justice Information | 11 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 12 |
| Mandatory Arbitration Fund.
| 13 |
| In determining the available balance in a fund, the | 14 |
| Governor
may include receipts, transfers into the fund, and | 15 |
| other
resources anticipated to be available in the fund in that | 16 |
| fiscal year.
| 17 |
| The State Treasurer and Comptroller shall transfer the | 18 |
| amounts designated
under this Section as soon as may be | 19 |
| practicable after receiving the direction
to transfer from the | 20 |
| Governor.
| 21 |
| (b) This Section does not apply to : (i) any fund | 22 |
| established under the Community Senior Services and Resources | 23 |
| Act ; or (ii) on or after the effective date of this amendatory | 24 |
| Act of the 94th General Assembly, the Child Labor and Day and | 25 |
| Temporary Labor Enforcement Fund .
| 26 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 27 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 28 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 29 |
| 1-15-05.)
| 30 |
| Section 10. The Day and Temporary Labor Services Act is | 31 |
| amended by changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, | 32 |
| 50, 55, 70, 75, and 85 and adding Sections 2, 12, 90, 95, and 97 | 33 |
| as follows: | 34 |
| (820 ILCS 175/2 new)
|
|
|
|
HB3471 Enrolled |
- 3 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| Sec. 2. Legislative Findings.
The General Assembly finds as | 2 |
| follows: | 3 |
| Over 300,000 workers work as day or temporary laborers in | 4 |
| Illinois. | 5 |
| Approximately 150 day labor and temporary labor service | 6 |
| agencies with nearly 600 branch offices are licensed throughout | 7 |
| Illinois. In addition, there is a large, though unknown, number | 8 |
| of unlicensed day labor and temporary labor service agencies | 9 |
| that operate outside the radar of law enforcement. | 10 |
| Recent studies and a survey of low-wage day or temporary | 11 |
| laborers themselves finds that as a group, they are | 12 |
| particularly vulnerable to abuse of their labor rights, | 13 |
| including unpaid wages, failure to pay for all hours worked, | 14 |
| minimum wage and overtime violations, and unlawful deduction | 15 |
| from pay for meals, transportation, equipment and other items. | 16 |
| Current law is inadequate to protect the labor and | 17 |
| employment rights of these workers. | 18 |
| At the same time, in Illinois and in other states, | 19 |
| democratically run nonprofit day labor centers, which charge no | 20 |
| fee for their services, have been established to provide an | 21 |
| alternative for day or temporary laborers to solicit work on | 22 |
| street corners. These centers are not subject to this Act.
| 23 |
| (820 ILCS 175/5)
| 24 |
| Sec. 5. Definitions. As used in this Act:
| 25 |
| "Day or temporary laborer" means a natural person who | 26 |
| contracts
for employment
with a day and temporary labor service | 27 |
| agency.
| 28 |
| "Day and temporary labor" means labor or employment that is
| 29 |
| occasional
or irregular at which a person is employed for not | 30 |
| longer than the time
period required to complete the assignment | 31 |
| for which the person
was hired and where wage payments are made | 32 |
| directly or indirectly by the
day and temporary labor service | 33 |
| agency or the third party client
employer
for work undertaken | 34 |
| by
day or temporary laborers pursuant to a contract between the
| 35 |
| day and temporary labor service agency
with the third party |
|
|
|
HB3471 Enrolled |
- 4 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| client
employer .
"Day and temporary labor" does not include | 2 |
| labor or employment of
a professional or
clerical nature.
| 3 |
| "Day and temporary labor service agency" means any person | 4 |
| or
entity engaged in
the business of employing day or temporary | 5 |
| laborers to provide
services , for a fee, to or for any
third | 6 |
| party client
employer pursuant to a contract with the day and | 7 |
| temporary
labor service and
the third party client
employer .
| 8 |
| "Department" means the Department of Labor.
| 9 |
| "Third party client
employer " means any person that | 10 |
| contracts with a
day and temporary labor
service agency for | 11 |
| obtaining
the employment of day or temporary laborers.
| 12 |
| "Person" means every natural person, firm, partnership, | 13 |
| co-partnership, limited liability company, corporation, | 14 |
| association, business trust, or other legal entity, or its | 15 |
| legal representatives, agents, or assigns.
| 16 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 17 |
| (820 ILCS 175/10)
| 18 |
| Sec. 10. Employment Notice
Statement .
| 19 |
| (a) Whenever a day and temporary labor service agency | 20 |
| agrees
to send one or more persons to work as day or temporary | 21 |
| laborers,
the day and temporary labor service
agency shall | 22 |
| provide to each , upon request by a day or temporary laborer, at | 23 |
| the time of dispatch,
provide
to the day or temporary laborer a
| 24 |
| statement containing the following items on a form approved by | 25 |
| the Department : | 26 |
| (1) the name of the day or temporary laborer; | 27 |
| (2) the name
"Name and nature of the work to be
| 28 |
| performed ; ", | 29 |
| (3) the
" wages
offered ; | 30 |
| (4) the name and address of the destination of each day | 31 |
| or temporary laborer;
", "destination of the person | 32 |
| employed", | 33 |
| (5) terms
"terms of transportation ; ",
and | 34 |
| (6) whether
whether a meal or
and equipment , or both,
| 35 |
| is provided, either by the
day and temporary labor service
|
|
|
|
HB3471 Enrolled |
- 5 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| agency or the third party client
employer , and the cost of | 2 |
| the meal and equipment, if any.
| 3 |
| If a day or temporary laborer is assigned to the same | 4 |
| assignment for more than one day, the day and temporary labor | 5 |
| service agency is required to provide the employment notice | 6 |
| only on the first day of the assignment and on any day that any | 7 |
| of the terms listed on the employment notice are changed.
| 8 |
| If the day or temporary laborer is not placed with a third | 9 |
| party client or otherwise contracted to work for that day, the | 10 |
| day and temporary labor service agency shall, upon request, | 11 |
| provide the day and temporary laborer with a confirmation that | 12 |
| the day or temporary laborer sought work, signed by an employee | 13 |
| of the day and temporary labor service agency, which shall | 14 |
| include the name of the agency, the name and address of the day | 15 |
| or temporary laborer, and the date and the time that the day or | 16 |
| temporary laborer receives the confirmation.
| 17 |
| (b) No day and temporary labor service agency may send any
| 18 |
| day or temporary laborer to any place
where a strike, a | 19 |
| lockout, or other labor trouble exists.
| 20 |
| (c) The
Department shall recommend to day and temporary | 21 |
| labor service
agencies that those agencies
employ personnel who | 22 |
| can effectively
communicate information required in | 23 |
| subsections (a) and (b) to day or
temporary laborers in
| 24 |
| Spanish, Polish, or any other language that is generally | 25 |
| understood
used in the locale of
the day and temporary labor | 26 |
| service agency.
| 27 |
| (Source: P.A. 92-783, eff. 1-1-03; 93-375, eff. 1-1-04.)
| 28 |
| (820 ILCS 175/12 new)
| 29 |
| Sec. 12. Recordkeeping. | 30 |
| (a) Whenever a day and temporary labor service agency sends | 31 |
| one or more persons to work as day or temporary laborers, the | 32 |
| day and temporary labor service agency shall keep the following | 33 |
| records relating to that transaction: | 34 |
| (1) the name, address and telephone number of each | 35 |
| third party client, including each worksite, to which day |
|
|
|
HB3471 Enrolled |
- 6 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| or temporary laborers were sent by the agency and the date | 2 |
| of the transaction; | 3 |
| (2) for each day or temporary laborer: the name and | 4 |
| address, the specific location sent to work, the type of | 5 |
| work performed, the number of hours worked, the hourly rate | 6 |
| of pay and the date sent; | 7 |
| (3) the name and title of the individual or individuals | 8 |
| at each third party client's place of business responsible | 9 |
| for the transaction; | 10 |
| (4) any specific qualifications or attributes of a day | 11 |
| or temporary laborer, requested by each third party client; | 12 |
| (5) copies of all contracts, if any, with the third | 13 |
| party client and copies of all invoices for the third party | 14 |
| client; | 15 |
| (6) copies of all employment notices provided in | 16 |
| accordance with subsection (a) of Section 10; | 17 |
| (7) deductions to be made from each day or temporary | 18 |
| laborer's compensation made by either the third party | 19 |
| client or by the day and temporary labor service agency for | 20 |
| the day or temporary laborer's transportation, food, | 21 |
| equipment, withheld income tax, withheld social security | 22 |
| payments and every other deduction; | 23 |
| (8) verification of the actual cost of any equipment or | 24 |
| meal charged to a day or temporary laborer; | 25 |
| (9) the race and gender of each day or temporary | 26 |
| laborer sent by the day and temporary labor service agency, | 27 |
| as provided by the day or temporary laborer;
and | 28 |
| (10) any additional information required by rules | 29 |
| issued by the Department. | 30 |
| (b) The day and temporary labor service agency shall | 31 |
| maintain all records under this Section for a period of 3 years | 32 |
| from their creation. The records shall be open to inspection by | 33 |
| the Department during normal business hours. Records described | 34 |
| in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | 35 |
| (a) shall be available for review or copying by that day or | 36 |
| temporary laborer during normal business hours within 5 days |
|
|
|
HB3471 Enrolled |
- 7 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| following a written request. In addition, a day and temporary | 2 |
| labor service agency shall make records related to the number | 3 |
| of hours billed to a third party client for that individual day | 4 |
| or temporary laborer's hours of work available for review or | 5 |
| copying during normal business hours within 5 days following a | 6 |
| written request. The day and temporary labor service agency | 7 |
| shall make forms, in duplicate, for such requests available to | 8 |
| day or temporary laborers at the dispatch office. The day or | 9 |
| temporary laborer shall be given a copy of the request form. It | 10 |
| is a violation of this Section to make any false, inaccurate or | 11 |
| incomplete entry into any record required by this Section, or | 12 |
| to delete required information from any such record.
| 13 |
| (820 ILCS 175/15)
| 14 |
| Sec. 15. Meals. A day and temporary labor service agency or | 15 |
| a
third party
client
employer shall not charge a day or | 16 |
| temporary laborer for any meal not consumed by the day and | 17 |
| temporary laborer and, if consumed, no more than the
actual | 18 |
| cost of a meal.
In no case shall the purchase of a meal be a | 19 |
| condition of employment for a
day or temporary laborer.
| 20 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 21 |
| (820 ILCS 175/20)
| 22 |
| Sec. 20. Transportation. | 23 |
| (a) A day and temporary labor service
agency or a third
| 24 |
| party client or a contractor or agent of either
employer shall | 25 |
| charge no fee
more than the actual cost to transport a
day or | 26 |
| temporary
laborer to or from the designated work site . | 27 |
| (b) A day and temporary labor service agency is responsible | 28 |
| for the conduct and performance of any person who transports a | 29 |
| day or temporary laborer from the agency to a work site, unless | 30 |
| the transporter is: (1) a public mass transportation system as | 31 |
| defined in Section 2 of the Local Mass Transit District Act; | 32 |
| (2) a common carrier; (3) the day or temporary laborer | 33 |
| providing his or her own transportation; or (4) selected | 34 |
| exclusively by and at the sole choice of the day or temporary |
|
|
|
HB3471 Enrolled |
- 8 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| laborer for transportation in a vehicle not owned or operated | 2 |
| by the day and temporary labor service agency. If any day and | 3 |
| temporary labor service agency provides transportation to a day | 4 |
| or temporary laborer or refers a day or temporary laborer as | 5 |
| provided in subsection (c), the day and temporary labor service | 6 |
| agency may not allow a motor vehicle to be used for the | 7 |
| transporting of day or temporary laborers if the agency knows | 8 |
| or should know that the motor vehicle used for the | 9 |
| transportation of day or temporary laborers is unsafe or not | 10 |
| equipped as required by this Act or by any rule adopted under | 11 |
| this Act, unless the vehicle is: (1) the property of a public | 12 |
| mass transportation system as defined in Section 2 of the Local | 13 |
| Mass Transit District Act; (2) the property of a common | 14 |
| carrier; (3) the day or temporary laborer's personal vehicle; | 15 |
| or (4) a vehicle of a day or temporary laborer used to carpool | 16 |
| other day or temporary laborers and which is selected | 17 |
| exclusively by and at the sole choice of the day or temporary | 18 |
| laborer for transportation. | 19 |
| (c) A day and temporary labor service agency may not refer | 20 |
| a day or temporary laborer to any person for transportation to | 21 |
| a work site unless that person is (1) a public mass | 22 |
| transportation system as defined in Section 2 of the Local Mass | 23 |
| Transit District Act or (2) providing the transportation at no | 24 |
| fee. Directing the day or temporary laborer to accept a | 25 |
| specific car pool as a condition of work shall be considered a | 26 |
| referral by the day and temporary labor service agency. Any | 27 |
| mention or discussion of the cost of a car pool shall be | 28 |
| considered a referral by the agency. Informing a day or | 29 |
| temporary laborer of the availability of a car pool driven by | 30 |
| another day or temporary laborer shall not be considered a | 31 |
| referral by the agency. | 32 |
| (d)
; however, the total cost to each
day or temporary | 33 |
| laborer shall not exceed 3% of the
day or temporary laborer's | 34 |
| daily wages. Any
motor vehicle that is owned or operated by the | 35 |
| day
and temporary labor service agency or a
third party client
| 36 |
| employer , or a contractor or agent of either, or to which a day |
|
|
|
HB3471 Enrolled |
- 9 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| and temporary labor service agency refers a day or temporary | 2 |
| laborer, which is used for the
transportation of day or | 3 |
| temporary laborers shall have proof of
financial | 4 |
| responsibility as
provided for in Chapter 8 of the Illinois | 5 |
| Vehicle Code or as required by Department rules. The driver of | 6 |
| the vehicle shall hold a valid license to operate motor | 7 |
| vehicles in the correct classification and shall be required to | 8 |
| produce the license immediately upon demand by the Department, | 9 |
| its inspectors or deputies, or any other person authorized to | 10 |
| enforce this Act. The Department shall forward a violation of | 11 |
| this subsection to the appropriate law enforcement authorities | 12 |
| or regulatory agencies, whichever is applicable .
| 13 |
| (e) No motor vehicle that is owned or operated by the day | 14 |
| and temporary labor service agency or a third party client, or | 15 |
| a contractor or agent of either, or to which a day and | 16 |
| temporary labor service agency refers a day or temporary | 17 |
| laborer, which is used for the transportation of day or | 18 |
| temporary laborers may be operated if it does not have a seat | 19 |
| and a safety belt for each passenger. The Department shall | 20 |
| forward a violation of this subsection to the appropriate law | 21 |
| enforcement authorities or regulatory agencies, whichever is | 22 |
| applicable.
| 23 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 24 |
| (820 ILCS 175/25)
| 25 |
| Sec. 25. Day or temporary laborer equipment. For any safety
| 26 |
| equipment,
clothing, accessories, or any other items required | 27 |
| by the nature of the work,
either by law, custom, or as a | 28 |
| requirement of the third party client
employer , the
day and | 29 |
| temporary labor service agency or the third party client
| 30 |
| employer
may charge the day
or temporary laborer the market | 31 |
| value of the item temporarily provided to
the day or temporary | 32 |
| laborer
by the third party client
employer if the day or | 33 |
| temporary laborer fails
to return such
items to the third party | 34 |
| client
employer or the day and temporary labor
service agency. | 35 |
| For any
other equipment, clothing, accessories, or any other |
|
|
|
HB3471 Enrolled |
- 10 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| items the
day and temporary labor
service agency makes | 2 |
| available for purchase, the day or temporary
laborer shall not | 3 |
| be
charged more than the actual market value for the item.
| 4 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 5 |
| (820 ILCS 175/30)
| 6 |
| Sec. 30. Wage Payment and Notice .
| 7 |
| (a) At the time of the
payment of wages, a day and | 8 |
| temporary
labor service agency
shall provide each day or | 9 |
| temporary laborer with a detailed
an
itemized
statement , on the | 10 |
| day or temporary laborer's paycheck stub or on a form approved | 11 |
| by the Department, listing the following: | 12 |
| (1) the name, address, and telephone number of each | 13 |
| third party client at which the day or temporary laborer | 14 |
| worked. If this information is provided on the day or | 15 |
| temporary laborer's paycheck stub, a code for each third | 16 |
| party client may be used so long as the required | 17 |
| information for each coded third party client is made | 18 |
| available to the day or temporary laborer; | 19 |
| (2) the number of hours worked by the day or temporary | 20 |
| laborer at each third party client each day during the pay | 21 |
| period; | 22 |
| (3) the rate of payment for each hour worked, including | 23 |
| any premium rate or bonus; | 24 |
| (4) the total pay period earnings; | 25 |
| (5) all deductions made from the day or temporary | 26 |
| laborer's compensation made either by the third party | 27 |
| client or by the day and temporary labor service agency, | 28 |
| and the purpose for which deductions were made, including | 29 |
| for the day or temporary laborer's transportation, food, | 30 |
| equipment, withheld income tax, withheld social security | 31 |
| payments, and every other deduction; and | 32 |
| (6) any additional information required by rules | 33 |
| issued by the Department
showing in detail
each deduction | 34 |
| made from the wages .
| 35 |
| (a-1) For each day or temporary laborer who is contracted |
|
|
|
HB3471 Enrolled |
- 11 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| to work a single day, the third party client shall, at the end | 2 |
| of the work day, provide such day or temporary laborer with a | 3 |
| Work Verification Form, approved by the Department, which shall | 4 |
| contain the date, the day or temporary laborer's name, the work | 5 |
| location, and the hours worked on that day. Any third party | 6 |
| client who violates this subsection (a-1) may be subject to a | 7 |
| civil penalty not to exceed $500 for each violation found by | 8 |
| the Department. Such civil penalty may increase to $2,500 for a | 9 |
| second or subsequent violation. For purposes of this subsection | 10 |
| (a-1), each violation of this subsection (a-1) for each day or | 11 |
| temporary laborer and for each day the violation continues | 12 |
| shall constitute a separate and distinct violation.
| 13 |
| (b) A day and temporary labor service agency shall provide | 14 |
| each
worker an annual
earnings summary within a reasonable time | 15 |
| after the preceding calendar
year, but in no case later than | 16 |
| February 1. A day and temporary
labor service agency shall,
at | 17 |
| the time of each wage payment, give notice to day or temporary | 18 |
| laborers
of the
availability of the annual earnings summary or | 19 |
| post such a notice in a
conspicuous place in the public | 20 |
| reception area.
| 21 |
| (c) At the request of a day or temporary
laborer, a day and | 22 |
| temporary labor service agency shall
hold the daily wages of | 23 |
| the day or temporary laborer and make
either weekly , bi-weekly, | 24 |
| or semi-monthly
payments. The wages shall be paid in a single | 25 |
| check , or, at the day or temporary laborer's sole option, by | 26 |
| direct deposit or other manner approved by the Department, | 27 |
| representing
the wages earned during the period, either weekly , | 28 |
| bi-weekly, or semi-monthly,
designated by the day or temporary | 29 |
| laborer in accordance with the
Illinois Wage Payment
and | 30 |
| Collection Act. Vouchers or any other method of payment which | 31 |
| is not generally negotiable shall be prohibited as a method of | 32 |
| payment of wages. Day and temporary labor service agencies that
| 33 |
| make daily wage
payments shall provide written notification to | 34 |
| all day or temporary
laborers of the right to
request weekly , | 35 |
| bi-weekly, or semi-monthly checks. The day and temporary
labor | 36 |
| service agency may
provide this notice by conspicuously posting |
|
|
|
HB3471 Enrolled |
- 12 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| the notice at the location
where the wages are received by the | 2 |
| day or temporary laborers.
| 3 |
| (d) No day and temporary labor service agency shall charge | 4 |
| any
day or temporary laborer for
cashing a check issued by the | 5 |
| agency for wages earned by a
day or temporary laborer who
| 6 |
| performed work through that agency.
| 7 |
| (e) Day or temporary laborers shall be paid no less than | 8 |
| the
wage rate stated in the
notice as provided in Section 10 of | 9 |
| this Act for all the work performed on
behalf of the third | 10 |
| party client
employer in addition to the work listed in the
| 11 |
| written description.
| 12 |
| (f) The total amount deducted for meals, equipment, and | 13 |
| transportation may not cause a day or temporary laborer's | 14 |
| hourly wage to fall below the State or federal minimum wage. | 15 |
| However, a day and temporary labor service agency may deduct | 16 |
| the actual market value of reusable equipment provided to the | 17 |
| day or temporary laborer by the day and temporary labor service | 18 |
| agency which the day or temporary laborer fails to return, if | 19 |
| the day or temporary laborer provides a written authorization | 20 |
| for such deduction at the time the deduction is made. | 21 |
| (g) A day or temporary laborer who is contracted by a day | 22 |
| and temporary labor service agency to work at a third party | 23 |
| client's worksite but is not utilized by the third party client | 24 |
| shall be paid by the day and temporary labor service agency for | 25 |
| a minimum of 4 hours of pay at the agreed upon rate of pay. | 26 |
| However, in the event the day and temporary labor service | 27 |
| agency contracts the day or temporary laborer to work at | 28 |
| another location during the same shift, the day or temporary | 29 |
| laborer shall be paid by the day and temporary labor service | 30 |
| agency for a minimum of 2 hours of pay at the agreed upon rate | 31 |
| of pay.
| 32 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 33 |
| (820 ILCS 175/35)
| 34 |
| Sec. 35. Public Access Area. Each day and temporary labor
| 35 |
| service agency shall
provide adequate seating in the public |
|
|
|
HB3471 Enrolled |
- 13 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| access area of the offices of the
agency. The public access | 2 |
| area shall be the location for the employment
and wage notices | 3 |
| required by Section 45
10 of this Act and any other State or | 4 |
| federally mandated posting . The public access area
shall allow | 5 |
| for access to restrooms and water.
| 6 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 7 |
| (820 ILCS 175/40)
| 8 |
| Sec. 40. Work Restriction. No day and temporary labor | 9 |
| service
agency shall
restrict the right of a day or temporary | 10 |
| laborer to accept a
permanent position with a third
party | 11 |
| client
employer to whom the day or temporary laborer has been
| 12 |
| referred for
work or restrict the right of such third party | 13 |
| client
employer to offer such
employment to a day or temporary | 14 |
| laborer. A day and temporary labor service agency may charge a | 15 |
| placement fee to a third party client for employing a day or | 16 |
| temporary laborer for whom a contract for work was effected by | 17 |
| the day and temporary labor service agency not to exceed the | 18 |
| equivalent of the total daily commission rate the day and | 19 |
| temporary labor service agency would have received over a | 20 |
| 60-day period, reduced by the equivalent of the daily | 21 |
| commission rate the day and temporary labor service agency | 22 |
| would have received for each day the day or temporary laborer | 23 |
| has performed work for the day and temporary labor service | 24 |
| agency in the preceding 12 months. Days worked at a day and | 25 |
| temporary labor service agency in the 12 months preceding the | 26 |
| effective date of this amendatory Act of the 94th General | 27 |
| Assembly
shall be included for purposes of calculating the | 28 |
| maximum placement fee described in this Section. However, | 29 |
| placement of a day or temporary laborer who is contracted by a | 30 |
| day and temporary labor service agency to provide skilled labor | 31 |
| shall not be subject to any placement fee cap. For purposes of | 32 |
| this Section, a day or temporary laborer who performs "skilled | 33 |
| labor" shall apply only where the day and temporary labor | 34 |
| service agency performs an advanced application process, a | 35 |
| screening process, which may include processes such as advanced |
|
|
|
HB3471 Enrolled |
- 14 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| testing, and a job interview. No fee provided for under this | 2 |
| Section may be assessed or collected by the day and temporary | 3 |
| labor service agency when the day or temporary laborer is | 4 |
| offered permanent work following the suspension or revocation | 5 |
| of the day and temporary labor service agency's registration by | 6 |
| the Department.
Nothing
in this Section
shall restrict a day | 7 |
| and temporary labor service
agency
from receiving a placement | 8 |
| fee
from the third party employer for
employing a day or | 9 |
| temporary laborer for whom a contract for work
was
effected by | 10 |
| the day and temporary labor service agency.
| 11 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 12 |
| (820 ILCS 175/45)
| 13 |
| Sec. 45. Registration; Department of Labor. | 14 |
| (a) A day and temporary
labor service
agency which is | 15 |
| located, operates or transacts business within this State shall | 16 |
| register with the Department of Labor in accordance with rules
| 17 |
| adopted by the Department for day and temporary labor service
| 18 |
| agencies and shall be subject to this Act and any rules adopted | 19 |
| under this Act
that operate
within the State . Each day and | 20 |
| temporary labor service agency shall provide proof of an | 21 |
| employer account number issued by the Department of Employment | 22 |
| Security for the payment of unemployment insurance | 23 |
| contributions as required under the Unemployment Insurance | 24 |
| Act, and proof of valid workers' compensation insurance in | 25 |
| effect at the time of registration covering all of its | 26 |
| employees. If, at any time, a day and temporary labor service | 27 |
| agency's workers' compensation insurance coverage lapses, the | 28 |
| agency shall have an affirmative duty to report the lapse of | 29 |
| such coverage to the Department and the agency's registration | 30 |
| shall be suspended until the agency's workers' compensation | 31 |
| insurance is reinstated. The Department may assess each day and | 32 |
| temporary labor service agency a non-refundable
registration | 33 |
| fee
not exceeding $1,000
$250 per year per agency and a | 34 |
| non-refundable fee not to exceed $250 for each branch office or | 35 |
| other location where the agency regularly contracts with day or |
|
|
|
HB3471 Enrolled |
- 15 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| temporary laborers for services . The fee may be paid by check | 2 |
| or money order
and the Department may not refuse to accept a | 3 |
| check on the basis that it is
not a certified check or a | 4 |
| cashier's check. The Department may charge an
additional fee to | 5 |
| be paid by a day and temporary labor service
an agency if the | 6 |
| agency, or any person on the
agency's behalf, issues or | 7 |
| delivers a check to the Department that is not
honored by the | 8 |
| financial institution upon which it is drawn. The Department
| 9 |
| shall also adopt rules
for violation
hearings and penalties for | 10 |
| violations of this Act or the Department's rules
in conjunction | 11 |
| with the fines and penalties set forth in this Act. | 12 |
| (b) It is a violation of this Act to operate a day and | 13 |
| temporary labor service agency without first registering with | 14 |
| the Department in accordance with subsection (a) of this | 15 |
| Section. The Department shall create and maintain at regular | 16 |
| intervals on its website, accessible to the public: (1) a list | 17 |
| of all registered day and temporary labor service agencies in | 18 |
| the State whose registration is in good standing; (2) a list of | 19 |
| day and temporary labor service agencies in the State whose | 20 |
| registration has been suspended, including the reason for the | 21 |
| suspension, the date the suspension was initiated, and the | 22 |
| date, if known, the suspension is to be lifted; and (3) a list | 23 |
| of day and temporary labor service agencies in the State whose | 24 |
| registration has been revoked, including the reason for the | 25 |
| revocation and the date the registration was revoked. The | 26 |
| Department has the authority to assess a penalty against any | 27 |
| day and temporary labor service agency that fails to register | 28 |
| with the Department of Labor in accordance with this Act or any | 29 |
| rules adopted under this Act of $500 for each violation. Each | 30 |
| day during which a day and temporary labor service agency | 31 |
| operates without registering with the Department shall be a | 32 |
| separate and distinct violation of this Act. | 33 |
| (c) An applicant is not eligible to register to operate a | 34 |
| day and temporary labor service agency under this Act if the | 35 |
| applicant or any of its officers, directors, partners, or | 36 |
| managers or any owner of 25% or greater beneficial interest: |
|
|
|
HB3471 Enrolled |
- 16 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| (1) has been involved, as owner, officer, director, | 2 |
| partner, or manager, of any day and temporary labor service | 3 |
| agency whose registration has been revoked or has been | 4 |
| suspended without being reinstated within the 5 years | 5 |
| immediately preceding the filing of the application; or | 6 |
| (2) is under the age of 18. | 7 |
| (d) Every agency shall post and keep posted at each | 8 |
| location, in a position easily accessible to all employees, | 9 |
| notices as supplied and required by the Department containing a | 10 |
| copy or summary of the provisions of the Act and
The Department | 11 |
| shall cause to be posted in each agency
a notice which informs
| 12 |
| the public of a toll-free telephone number for day or temporary | 13 |
| laborers
and the public to
file wage dispute complaints and | 14 |
| other alleged violations by
day and temporary labor service
| 15 |
| agencies. Such notices shall be in English or any other | 16 |
| language generally understood in the locale of the day and | 17 |
| temporary labor service agency.
| 18 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 19 |
| (820 ILCS 175/50)
| 20 |
| Sec. 50. Violations. The Department shall have the | 21 |
| authority
to deny, suspend , or
revoke the registration of a day | 22 |
| and temporary labor service
agency if warranted by public
| 23 |
| health and safety concerns or violations of this Act.
| 24 |
| (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
| 25 |
| (820 ILCS 175/55)
| 26 |
| Sec. 55. Enforcement. It shall be the duty of the | 27 |
| Department to enforce
the
provisions
of this Act. The | 28 |
| Department shall have the power to conduct investigations in
| 29 |
| connection with
the administration and enforcement of this Act | 30 |
| and any investigator with the
Department shall be
authorized to | 31 |
| visit and inspect, at all reasonable times, any places covered | 32 |
| by
this Act and shall be authorized to inspect, at all | 33 |
| reasonable times,
contracts for the employment of all day or | 34 |
| temporary laborers entered into by
a third party client
|
|
|
|
HB3471 Enrolled |
- 17 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| employer if the Department has received a
complaint indicating | 2 |
| that the third party client
employer may have contracted with a
| 3 |
| day and
temporary labor service agency that is not registered | 4 |
| under this Act.
The
Department shall conduct hearings in | 5 |
| accordance with the Illinois
Administrative Procedure Act
upon | 6 |
| written complaint by an investigator of the Department or any
| 7 |
| interested
person of a violation of the Act. After the hearing, | 8 |
| if supported by the
evidence, the
Department may (i) issue and | 9 |
| cause to be served on any party an order to cease
and desist
| 10 |
| from further violation of the Act, (ii) take affirmative or | 11 |
| other action as
deemed reasonable
to eliminate the effect of | 12 |
| the violation, (iii) deny, suspend, or revoke any
registration | 13 |
| under
this Act, and (iv) determine the amount of any civil | 14 |
| penalty allowed by the
Act. The Director of
Labor or his or her | 15 |
| representative may compel, by subpoena, the attendance and
| 16 |
| testimony of
witnesses and the production of books, payrolls, | 17 |
| records, papers, and other
evidence in any
investigation or | 18 |
| hearing and may administer oaths to witnesses ; however,
| 19 |
| proprietary lists of a day and temporary labor service
agency | 20 |
| are not subject to subpoena . Nothing in
this Act applies to | 21 |
| labor or employment of a clerical or professional nature.
| 22 |
| (Source: P.A. 92-783, eff. 1-1-03; 93-441, eff. 1-1-04.)
| 23 |
| (820 ILCS 175/70)
| 24 |
| Sec. 70. Penalties. | 25 |
| (a) A day and temporary labor service agency that
violates | 26 |
| any
of the provisions of this Act or any rule adopted under | 27 |
| this Act
concerning registration, transportation,
equipment, | 28 |
| meals, wages, or waiting rooms shall be subject to a civil | 29 |
| penalty
not to exceed $6,000
$500 for
any violations found in | 30 |
| the first audit by the
Department . Following a first audit, a | 31 |
| day and temporary labor service agency shall be subject to a | 32 |
| civil penalty
and not to
exceed $2,500
$5,000 for each repeat | 33 |
| violation
any
violations found
in the second audit by the | 34 |
| Department within 3 years. For purposes of this subsection, | 35 |
| each violation of this Act for each day or temporary laborer |
|
|
|
HB3471 Enrolled |
- 18 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| and for each day the violation continues shall constitute a | 2 |
| separate and distinct violation .
For any violations
that are | 3 |
| found in a third audit by the Department that are within 7 | 4 |
| years of
the earlier
violations, the
Department may revoke the | 5 |
| registration of the
violator. In determining the amount of a | 6 |
| penalty, the Director shall
consider the appropriateness of the | 7 |
| penalty to the
day and temporary labor service agency charged, | 8 |
| upon the determination of the
gravity of the violations. For | 9 |
| any violation determined by the Department to be willful which | 10 |
| is within 3 years of an earlier violation, the Department may | 11 |
| revoke the registration of the violator. The
amount of the | 12 |
| penalty, when finally determined, may be:
| 13 |
| (1) Recovered in a civil action brought by the Director | 14 |
| of Labor in any
circuit court. In this litigation, the | 15 |
| Director of Labor shall be represented
by the Attorney | 16 |
| General.
| 17 |
| (2) Ordered by the court, in an action brought by any | 18 |
| party for a
violation under this Act,
to
be paid to the | 19 |
| Director of Labor.
| 20 |
| (b) The Department shall adopt rules for violation hearings | 21 |
| and penalties for violations of this Act or the Department's | 22 |
| rules in conjunction with the penalties set forth in this Act.
| 23 |
| Any administrative determination by the Department as to | 24 |
| the amount of each
penalty shall be final unless reviewed as | 25 |
| provided in Section 60 of this Act.
| 26 |
| (Source: P.A. 92-783, eff. 1-1-03.)
| 27 |
| (820 ILCS 175/75)
| 28 |
| Sec. 75. Willful violations. | 29 |
| (a) Whoever willfully violates any of the
provisions
of | 30 |
| this Act
or any rule adopted under this Act, or whoever | 31 |
| obstructs the Department of
Labor,
its inspectors
or deputies, | 32 |
| or any other person authorized to inspect places of employment
| 33 |
| under this Act shall
be liable for penalties up to double the | 34 |
| statutory amount.
| 35 |
| (b) Whoever willfully violates any of the provisions of |
|
|
|
HB3471 Enrolled |
- 19 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| this Act or any rule adopted under this Act which results in an | 2 |
| underpayment to a day or temporary laborer shall be liable to | 3 |
| the Department for up to 20% of the day and temporary labor | 4 |
| service agency's or the third party client's total underpayment | 5 |
| and shall also be liable to the employee for punitive damages | 6 |
| in the amount of 2% of the amount of any such underpayments for | 7 |
| each month following the date of payment during which the | 8 |
| underpayments remain unpaid. | 9 |
| (c) The Director may promulgate rules for the collection of | 10 |
| these penalties. The penalty shall be imposed in cases in which | 11 |
| a day and temporary labor service agency's or a third party | 12 |
| client's conduct is proven by a preponderance of the evidence | 13 |
| to be willful. The penalty may be recovered in a civil action | 14 |
| brought by the Director of Labor in any circuit court. In any | 15 |
| such action, the Director of Labor shall be represented by the | 16 |
| Attorney General.
guilty of a Class A misdemeanor. Each day | 17 |
| during which a violation of this
Act continues
shall constitute | 18 |
| a separate and distinct offense, and the employment of any
| 19 |
| person in violation of
the Act shall, with respect to each | 20 |
| person so employed, constitute a separate
and distinct
offense. | 21 |
| Whenever, in the opinion of the Department, a violation of the
| 22 |
| Act has
occurred, the Department shall report the violation to | 23 |
| the Attorney General of
this State
who shall have authority to | 24 |
| prosecute all
reported violations.
| 25 |
| (Source: P.A. 92-783, eff. 1-1-03.)
| 26 |
| (820 ILCS 175/85)
| 27 |
| Sec. 85. Third party clients
employers . | 28 |
| (a) It is a violation of this Act for a third party client | 29 |
| to enter into a contract
Third party employers are prohibited | 30 |
| from
entering into contracts for the employment of
day or | 31 |
| temporary laborers with any day and temporary labor service | 32 |
| agency
not registered under Section 45 of this Act.
A third | 33 |
| party client has a duty to verify a day and temporary labor | 34 |
| service agency's status with the Department before entering | 35 |
| into a contract with such an agency, and on March 1 and |
|
|
|
HB3471 Enrolled |
- 20 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| September 1 of each year. A day and temporary labor service | 2 |
| agency shall be required to provide each of its third party | 3 |
| clients with proof of valid registration issued by the | 4 |
| Department at the time of entering into a contract. A day and | 5 |
| temporary labor service agency shall be required to notify, | 6 |
| both by telephone and in writing, each day or temporary laborer | 7 |
| it employs and each third party client with whom it has a | 8 |
| contract within 24 hours of any denial, suspension, or | 9 |
| revocation of its registration by the Department. All contracts | 10 |
| between any day and temporary labor service agency and any | 11 |
| third party client shall be considered null and void from the | 12 |
| date any such denial, suspension, or revocation of registration | 13 |
| becomes effective and until such time as the day and temporary | 14 |
| labor service agency becomes registered and considered in good | 15 |
| standing by the Department as provided in Section 50 and | 16 |
| Section 55. Upon request, the Department shall provide to a | 17 |
| third party client
employer a list
of entities registered as | 18 |
| day and temporary labor service agencies. The
Department shall
| 19 |
| provide on the Internet a list of entities registered as day | 20 |
| and temporary
labor service agencies. A third party client may | 21 |
| rely on information provided by the Department or maintained on | 22 |
| the Department's website pursuant to Section 45 of this Act and | 23 |
| shall be held harmless if such information maintained or | 24 |
| provided by the Department was inaccurate. Any third party | 25 |
| client that violates this provision of the Act is subject to a | 26 |
| civil penalty not to exceed $500. Each day during which a third | 27 |
| party client contracts with a day and temporary labor service | 28 |
| agency not registered under Section 45 of this Act shall | 29 |
| constitute a separate and distinct offense.
| 30 |
| (b) If a third party client leases or contracts with a day | 31 |
| and temporary service agency for the services of a day or | 32 |
| temporary laborer, the third party client shall share all legal | 33 |
| responsibility and liability for the payment of wages under the | 34 |
| Illinois Wage Payment and Collection Act and the Minimum Wage | 35 |
| Law.
| 36 |
| (Source: P.A. 93-441, eff. 1-1-04.)
|
|
|
|
HB3471 Enrolled |
- 21 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| (820 ILCS 175/90 new)
| 2 |
| Sec. 90. Retaliation. | 3 |
| (a) Prohibition. It is a violation of this Act for a day | 4 |
| and temporary labor service agency or third party client, or | 5 |
| any agent of a day and temporary labor service agency or third | 6 |
| party client, to retaliate through discharge or in any other | 7 |
| manner against any day or temporary laborer for exercising any | 8 |
| rights granted under this Act. Such retaliation shall subject a | 9 |
| day and temporary labor service agency or third party client, | 10 |
| or both, to civil penalties pursuant to this Act or a private | 11 |
| cause of action. | 12 |
| (b) Protected Acts from Retaliation. It is a violation of | 13 |
| this Act for a day and temporary labor service agency or third | 14 |
| party client to retaliate against a day or temporary laborer | 15 |
| for: | 16 |
| (1) making a complaint to a day and temporary labor | 17 |
| service agency, to a third party client, to a co-worker, to | 18 |
| a community organization, before a public hearing, or to a | 19 |
| State or federal agency that rights guaranteed under this | 20 |
| Act have been violated; | 21 |
| (2) causing to be instituted any proceeding under or | 22 |
| related to this Act; or | 23 |
| (3) testifying or preparing to testify in an | 24 |
| investigation or proceeding under this Act. | 25 |
| (820 ILCS 175/95 new)
| 26 |
| Sec. 95. Private Right of Action. | 27 |
| (a) A person aggrieved by a violation of this Act or any | 28 |
| rule adopted under this Act by a day and temporary labor | 29 |
| service agency or a third party client may file suit in circuit | 30 |
| court of Illinois, in the county where the alleged offense | 31 |
| occurred or where any day or temporary laborer who is party to | 32 |
| the action resides, without regard to exhaustion of any | 33 |
| alternative administrative remedies provided in this Act. | 34 |
| Actions may be brought by one or more day or temporary laborers |
|
|
|
HB3471 Enrolled |
- 22 - |
LRB094 09860 WGH 41853 b |
|
| 1 |
| for and on behalf of themselves and other day or temporary | 2 |
| laborers similarly situated. A day or temporary laborer whose | 3 |
| rights have been violated under this Act by a day and temporary | 4 |
| labor service agency or a third party client is entitled to | 5 |
| collect: | 6 |
| (1) in the case of a wage and hour violation, the | 7 |
| amount of any wages, salary, employment benefits, or other | 8 |
| compensation denied or lost to the day or temporary laborer | 9 |
| by reason of the violation, plus an equal amount in | 10 |
| liquidated damages; | 11 |
| (2) in the case of a health and safety or notice | 12 |
| violation, compensatory damages and an amount up to $500 | 13 |
| for the violation of each subpart of each Section; | 14 |
| (3) in the case of unlawful retaliation, all legal or | 15 |
| equitable relief as may be appropriate; and | 16 |
| (4) attorney's fees and costs. | 17 |
| (b) The right of an aggrieved person to bring an action | 18 |
| under this Section terminates upon the passing of 3 years from | 19 |
| the final date of employment by the day and temporary labor | 20 |
| agency or the third party client. This limitations period is | 21 |
| tolled if a day labor employer has deterred a day or temporary | 22 |
| laborer's exercise of rights under this Act by contacting or | 23 |
| threatening to contact law enforcement agencies. | 24 |
| (820 ILCS 175/97 new)
| 25 |
| Sec. 97. Severability. Should one or more of the provisions | 26 |
| of this Act be held invalid, such invalidity shall not affect | 27 |
| any of the valid provisions hereof.
|
|