20 ILCS 1505/ Civil Administrative Code of Illinois. (Department of Labor Law)

(20 ILCS 1505/Art. 1505 heading) ARTICLE 1505. DEPARTMENT OF LABOR

(20 ILCS 1505/1505-1)

Sec. 1505-1. Article short title. This Article 1505 of the Civil Administrative Code of Illinois may be cited as the Department of Labor Law.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-5)

Sec. 1505-5. Definition. In this Law, "Department" means the Department of Labor.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-10) (was 20 ILCS 1505/43)

Sec. 1505-10. Powers, generally. The Department has the powers enumerated in the following Sections.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-15) (was 20 ILCS 1505/43.07)

Sec. 1505-15. Welfare of wage earners. The Department has the power to foster, promote, and develop the welfare of wage earners.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-20) (was 20 ILCS 1505/43.13)

Sec. 1505-20. Prosperity of laboring men and women; progress of women and minorities.

(a) The Department has the power to acquire and diffuse among the people useful information concerning the means of promoting the material, social, intellectual, and moral prosperity of laboring men and women.

(b) (Blank).

(Source: P.A. 99-652, eff. 1-1-17.)

(20 ILCS 1505/1505-25) (was 20 ILCS 1505/43.09)

Sec. 1505-25. Opportunities for profitable employment. The Department has the power to advance opportunities for profitable employment.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-30) (was 20 ILCS 1505/43.08)

Sec. 1505-30. Improving working conditions. The Department has the power to improve working conditions.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-35) (was 20 ILCS 1505/43.10)

Sec. 1505-35. Statistical details relating to departments of labor. The Department has the power to collect, collate, assort, systematize, and report statistical details relating to all departments of labor, especially in its relation to commercial, industrial, social, educational, and sanitary conditions, and to the permanent prosperity of the manufacturing and productive industries.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-40) (was 20 ILCS 1505/43.12)

Sec. 1505-40. Information on subjects connected with labor. The Department has the power to acquire and diffuse useful information on subjects connected with labor in the most general and comprehensive sense of that word.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-45) (was 20 ILCS 1505/43.15a)

Sec. 1505-45. Migrant agricultural labor. The Department has the power to study the nature and extent of the labor and employment problems of migrant agricultural labor, with particular attention to its differences from the problems of resident agricultural labor.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-50) (was 20 ILCS 1505/43.16)

Sec. 1505-50. Prevention of accidents and occupational diseases. The Department has the power to acquire and diffuse information in relation to the prevention of accidents, occupational diseases, and other related subjects.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-55)

Sec. 1505-55. Transfer of Illinois Onsite Safety and Health Consultation Program. On and after July 1, 2012, as provided in the OSHA Program Reorganization Act, the powers, duties, rights, and responsibilities related to the Illinois Onsite Safety and Health Consultation Program, including, but not limited to, the duty to provide confidential on-site assistance to identify problems and solutions regarding compliance with the requirements of the federal Occupational Safety and Health Administration, are transferred from the Department of Commerce and Economic Opportunity to the Department of Labor.

(Source: P.A. 97-787, eff. 7-13-12.)

(20 ILCS 1505/1505-120) (was 20 ILCS 1505/43.17)

Sec. 1505-120. Act in relation to payment of wages. The Department has the power to exercise the rights, powers, and duties vested by law in the Department of Labor under "An Act in relation to the payment of wages due employees from their employers in certain cases, to provide for the enforcement thereof through the Department of Labor, and to prescribe penalties for the violation thereof", approved July 9, 1937 (repealed).

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-125)

Sec. 1505-125. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller and the Illinois Workers' Compensation Commission shall cooperate under the Employee Classification Act by sharing information concerning any suspected misclassification by an employer or entity, as defined in the Employee Classification Act, of one or more employees as independent contractors.

(Source: P.A. 95-26, eff. 1-1-08.)

(20 ILCS 1505/1505-130)

Sec. 1505-130. Arbitration services. If the Department of Labor began providing arbitration services with respect to a particular controversy or difference under the Labor Arbitration Services Act before its repeal, the Department may continue to provide such arbitration services as may be necessary for the resolution of that controversy or difference in accordance with that Act as it existed immediately before its repeal.

(Source: P.A. 97-190, eff. 7-22-11.)

(20 ILCS 1505/1505-150) (was 20 ILCS 1505/43.20)

Sec. 1505-150. Complaints by child care facility employees. The Department has the power to investigate complaints, hold hearings, make determinations, and take other actions with respect to complaints against employers filed by employees of child care facilities pursuant to Section 7.2 of the Child Care Act of 1969.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1505/1505-200) (was 20 ILCS 1505/43.21)

Sec. 1505-200. Criminal history record information. Whenever the Department is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized to furnish, pursuant to positive identification, any information contained in State files that is necessary to fulfill the request.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 1505/1505-205)

Sec. 1505-205. Badges. The Director must authorize each employee of the Department exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the Department and (ii) contains a unique identifying number. No other badge shall be authorized by the Department.

(Source: P.A. 91-883, eff. 1-1-01.)

(20 ILCS 1505/1505-210)

Sec. 1505-210. Funds. The Department has the authority to apply for, accept, receive, expend, and administer on behalf of the State any grants, gifts, bequests, loans, indirect cost reimbursements, funds, or anything else of value made available to the Department from any source for assistance with outreach activities related to the Department's enforcement efforts and staffing assistance for boards and commissions under the purview of the Department. Any federal indirect cost reimbursements received by the Department pursuant to this Section shall be deposited into the Department of Labor Federal Indirect Cost Fund, and such moneys shall be used only for the purposes for which they are allowed. Any other federal funds received by the Department pursuant to this Section shall be deposited in a trust fund with the State Treasurer and held and disbursed by him or her in accordance with the Treasurer as Custodian of Funds Act, provided that such moneys shall be used only for the purposes for which they are contributed and any balance remaining shall be returned to the contributor. The Department is authorized to promulgate such rules and enter into such contracts as it may deem necessary in carrying out the provisions of this Section.

(Source: P.A. 101-636, eff. 6-10-20.)

(20 ILCS 1505/1505-215)

Sec. 1505-215. Bureau on Apprenticeship Programs and Clean Energy Jobs.

(a) For purposes of this Section, "clean energy sector" means solar energy, wind energy, energy efficiency, solar thermal, green hydrogen, geothermal, and electric vehicle industries and other renewable energy industries, industries achieving emission reductions, and related industries that manufacture, develop, build, maintain, or provide ancillary services to renewable energy resources or energy efficiency products or services, including the manufacture and installation of healthier building materials that contain fewer hazardous chemicals.

(b) There is created within the Department of Labor a Bureau on Apprenticeship Programs and Clean Energy Jobs. This Bureau shall work to increase minority participation in active apprentice programs in Illinois that are approved by the United States Department of Labor and in clean energy jobs in Illinois. The Bureau shall identify barriers to minorities gaining access to construction careers and careers in the clean energy sector and make recommendations to the Governor and the General Assembly for policies to remove those barriers. The Department may hire staff to perform outreach in promoting diversity in active apprenticeship programs approved by the United States Department of Labor.

(c) The Bureau shall annually compile racial and gender workforce diversity information from contractors receiving State or other public funds and by labor unions with members working on projects receiving State or other public funds.

(d) The Bureau shall compile racial and gender workforce diversity information from certified transcripts of payroll reports filed in the preceding year pursuant to the Prevailing Wage Act for all clean energy sector construction projects. The Bureau shall work with the Department of Commerce and Economic Opportunity, the Illinois Power Agency, the Illinois Commerce Commission, and other agencies, as necessary, to receive and share data and reporting on racial and gender workforce diversity, demographic data, and any other data necessary to achieve the goals of this Section.

(e) By April 15, 2022 and every April 15 thereafter, the Bureau shall publish and make available on the Department's website a report summarizing the racial and gender diversity of the workforce on all clean energy sector projects by county. The report shall use a consistent structure for information requests and presentation, with an easy-to-use table of contents, to enable comparable year-over-year solicitation and benchmarking of data. The development of the report structure shall be open to a public review and comment period. That report shall compare the race, ethnicity, and gender of the workers on covered clean energy sector projects to the general population of the county in which the project is located. The report shall also disaggregate such data to compare the race, ethnicity, and gender of workers employed by union and nonunion contractors and compare the race, ethnicity, and gender of workers who reside in Illinois and those who reside outside of Illinois. The report shall also include the race, ethnicity, and gender of the workers by prevailing wage classification.

(f) The Bureau shall present its annual report to the Energy Workforce Advisory Council in order to inform its program evaluations, recommendations, and objectives pursuant to Section 5-65 of the Energy Transition Act. The Bureau shall also present its annual report to the Illinois Power Agency in order to inform its ongoing equity and compliance efforts in the clean energy sector.

The Bureau and all entities subject to the requirements of subsection (d) shall hold an annual workshop open to the public in 2022 and every year thereafter on the state of racial and gender workforce diversity in the clean energy sector in order to collaboratively seek solutions to structural impediments to achieving diversity, equity, and inclusion goals, including testimony from each participating entity, subject matter experts, and advocates.

(g) The Bureau shall publish each annual report prepared and filed pursuant to subsection (d) on the Department of Labor's website for at least 5 years.

(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; 102-558, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22.)

(20 ILCS 1505/1505-220)

Sec. 1505-220. Small Clean Energy Contractor Prevailing Wage Act Assistance. The General Assembly finds that small clean energy businesses, especially those in or serving underserved or historically disinvested communities, need assistance and resources to help them comply with the Prevailing Wage Act. Therefore, the Department of Labor shall develop and administer a statewide program to assist small clean energy contractors in administering and complying with the Prevailing Wage Act requirements. This Program shall provide training and ongoing technical assistance pertaining to compliance with the Prevailing Wage Act, including certified payroll reporting requirements. Ongoing assistance shall include, but is not limited to, answering contractor questions, recommending tools and process improvements, establishing an account with and utilizing the Certified Transcript of Payroll Portal, building administrative expertise within individual businesses, and any other assistance businesses identify as needed based on verbal or other input. All Program training, technical assistance, materials, services, and systems shall be structured to accommodate and address real-world circumstances encountered by small clean energy contractors; shall be developed, refined, and adjusted as necessary in consultation with such contractors; and shall be administered to serve businesses that operate in languages other than English and do so at a level of service equivalent to that offered to businesses that operate in English. The Department may enter into agreements with entities with experience in supporting small businesses in underserved or historically disinvested communities to implement portions or all of the program, ensuring such capacity is developed in northern, central, and southern Illinois regions. The Department shall communicate and market program services to small clean energy contractors statewide, and may do so in coordination with the Department of Commerce and Economic Opportunity.

(Source: P.A. 102-662, eff. 9-15-21.)