State of Illinois
92nd General Assembly
Legislation

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92_SB1557

 
                                              LRB9208708WHcsA

 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 Day Labor  Services  Act  is  amended  by
 5    changing Section 5 and adding Section 55 as follows:

 6        (820 ILCS 175/5)
 7        Sec. 5. Definitions.  As used in this Act:
 8        "Day  laborer"  means  a natural person who contracts for
 9    employment with a day labor service agency.
10        "Day labor" means labor or employment that is  occasional
11    or  irregular  at  which  a person is employed for not longer
12    than the time period required to complete the assignment  for
13    which  the  person was hired and where wage payments are made
14    directly or indirectly by the day labor service agency or the
15    third party employer for  work  undertaken  by  day  laborers
16    pursuant  to  a contract between the day labor service agency
17    with the third party employer. "Day labor" does  not  include
18    labor or employment of a professional or clerical nature.
19        "Day  labor  service  agency"  means any person or entity
20    engaged in the business of employing day laborers to  provide
21    services  to  or  for  any third party employer pursuant to a
22    contract with the day  labor  service  and  the  third  party
23    employer.
24        "Department" means the Department of Labor.
25        "Third  party  employer"  means any person that contracts
26    with a day labor service agency for  the  employment  of  day
27    laborers.
28        "Traditional  temporary employment agency" means a person
29    or entity that  is  engaged  in  the  business  of  employing
30    workers  to provide services to or for a third party employer
31    under an agreement between the person or entity and the third
 
                            -2-               LRB9208708WHcsA
 1    party employer and that:
 2             (1)  pays its employees by check or  direct  deposit
 3        no more frequently than weekly;
 4             (2)  does  not require or encourage its employees to
 5        assemble  on  its  premises  on  a  stand-by  basis   for
 6        assignment to the work site;
 7             (3)  does  not provide transportation to or from the
 8        work site unless the transportation is provided  free  of
 9        charge;
10             (4)  recruits   its   employees  by:  (i)  regularly
11        placing help wanted  advertisements  through  newspapers,
12        radio,  television,  or  direct  mail;  or (ii) regularly
13        recruiting  through  local  schools,  religious   groups,
14        non-denominational help agencies, or government agencies;
15        and
16             (5)  accepts   employment   applications  (with  the
17        applications including  the  applicant's  name,  address,
18        telephone  number,  social  security  number, educational
19        achievement, previous work history, and individual skills
20        inventory) and schedules individual  interviews  only  by
21        appointment.
22    (Source: P.A. 91-579, eff. 1-1-00.)

23        (820 ILCS 175/55 new)
24        Sec.  55.  Exemption.  Traditional  temporary  employment
25    agencies are exempt from this Act.

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.

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