Public Act 095-0499
 
SB1314 Enrolled LRB095 05017 WGH 27220 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Day and Temporary Labor Services Act is
amended by changing Sections 5, 12, and 30 as follows:
 
    (820 ILCS 175/5)
    Sec. 5. Definitions. As used in this Act:
    "Day or temporary laborer" means a natural person who
contracts for employment with a day and temporary labor service
agency.
    "Day and temporary labor" means work performed by a day or
temporary laborer at a third party client, the duration of
which may be specific or undefined, pursuant to a contract or
understanding between the day and temporary labor service
agency and the third party client labor or employment that is
occasional or irregular at which a person is employed for not
longer than the time period required to complete the assignment
for which the person was hired and where wage payments are made
directly or indirectly by the day and temporary labor service
agency or the third party client for work undertaken by day or
temporary laborers pursuant to a contract between the day and
temporary labor service agency with the third party client.
"Day and temporary labor" does not include labor or employment
of a professional or clerical nature.
    "Day and temporary labor service agency" means any person
or entity engaged in the business of employing day or temporary
laborers to provide services, for a fee, to or for any third
party client pursuant to a contract with the day and temporary
labor service agency and the third party client.
    "Department" means the Department of Labor.
    "Third party client" means any person that contracts with a
day and temporary labor service agency for obtaining day or
temporary laborers.
    "Person" means every natural person, firm, partnership,
co-partnership, limited liability company, corporation,
association, business trust, or other legal entity, or its
legal representatives, agents, or assigns.
(Source: P.A. 94-511, eff. 1-1-06.)
 
    (820 ILCS 175/12)
    Sec. 12. Recordkeeping.
    (a) Whenever a day and temporary labor service agency sends
one or more persons to work as day or temporary laborers, the
day and temporary labor service agency shall keep the following
records relating to that transaction:
        (1) the name, address and telephone number of each
    third party client, including each worksite, to which day
    or temporary laborers were sent by the agency and the date
    of the transaction;
        (2) for each day or temporary laborer: the name and
    address, the specific location sent to work, the type of
    work performed, the number of hours worked, the hourly rate
    of pay and the date sent. The term "hours worked" has the
    meaning ascribed to that term in 56 Ill. Adm. Code 210.110
    and in accordance with all applicable rules or court
    interpretations under 56 Ill. Adm. Code 210.110. The third
    party client shall be required to remit all information
    required under this subsection to the day and temporary
    labor service agency no later than 7 days following the
    last day of the work week worked by the day or temporary
    laborer. Failure of a third party client to remit such
    information to a day and temporary labor service agency
    shall not be a defense to the recordkeeping requirement of
    this Section;
        (3) the name and title of the individual or individuals
    at each third party client's place of business responsible
    for the transaction;
        (4) any specific qualifications or attributes of a day
    or temporary laborer, requested by each third party client;
        (5) copies of all contracts, if any, with the third
    party client and copies of all invoices for the third party
    client;
        (6) copies of all employment notices provided in
    accordance with subsection (a) of Section 10;
        (7) deductions to be made from each day or temporary
    laborer's compensation made by either the third party
    client or by the day and temporary labor service agency for
    the day or temporary laborer's transportation, food,
    equipment, withheld income tax, withheld social security
    payments and every other deduction;
        (8) verification of the actual cost of any equipment or
    meal charged to a day or temporary laborer;
        (9) the race and gender of each day or temporary
    laborer sent by the day and temporary labor service agency,
    as provided by the day or temporary laborer; and
        (10) any additional information required by rules
    issued by the Department.
    (b) The day and temporary labor service agency shall
maintain all records under this Section for a period of 3 years
from their creation. The records shall be open to inspection by
the Department during normal business hours. Records described
in paragraphs (1), (2), (3), (6), (7), and (8) of subsection
(a) shall be available for review or copying by that day or
temporary laborer during normal business hours within 5 days
following a written request. In addition, a day and temporary
labor service agency shall make records related to the number
of hours billed to a third party client for that individual day
or temporary laborer's hours of work available for review or
copying during normal business hours within 5 days following a
written request. The day and temporary labor service agency
shall make forms, in duplicate, for such requests available to
day or temporary laborers at the dispatch office. The day or
temporary laborer shall be given a copy of the request form. It
is a violation of this Section to make any false, inaccurate or
incomplete entry into any record required by this Section, or
to delete required information from any such record. Failure by
the third party client to remit time records to the day and
temporary labor service agency as provided in paragraph (a)(2)
shall constitute a notice violation by a third party client
under Section 95 of this Act unless the third party client has
been precluded from submitting such time records for reasons
beyond its control. A failure by the third party client to
provide time records in accordance with this subsection (b)
shall not be a notice violation and shall not be the basis for
a suit or other action under Section 95 of this Act against the
day and temporary labor service agency.
(Source: P.A. 94-511, eff. 1-1-06.)
 
    (820 ILCS 175/30)
    Sec. 30. Wage Payment and Notice.
    (a) At the time of payment of wages, a day and temporary
labor service agency shall provide each day or temporary
laborer with a detailed itemized statement, on the day or
temporary laborer's paycheck stub or on a form approved by the
Department, listing the following:
        (1) the name, address, and telephone number of each
    third party client at which the day or temporary laborer
    worked. If this information is provided on the day or
    temporary laborer's paycheck stub, a code for each third
    party client may be used so long as the required
    information for each coded third party client is made
    available to the day or temporary laborer;
        (2) the number of hours worked by the day or temporary
    laborer at each third party client each day during the pay
    period. If the day or temporary laborer is assigned to work
    at the same work site of the same third party client for
    multiple days in the same work week, the day and temporary
    labor service agency may record a summary of hours worked
    at that third party client's worksite so long as the first
    and last day of that work week are identified as well. The
    term "hours worked" has the meaning ascribed to that term
    in 56 Ill. Adm. Code 210.110 and in accordance with all
    applicable rules or court interpretations under 56 Ill.
    Adm. Code 210.110;
        (3) the rate of payment for each hour worked, including
    any premium rate or bonus;
        (4) the total pay period earnings;
        (5) all deductions made from the day or temporary
    laborer's compensation made either by the third party
    client or by the day and temporary labor service agency,
    and the purpose for which deductions were made, including
    for the day or temporary laborer's transportation, food,
    equipment, withheld income tax, withheld social security
    payments, and every other deduction; and
        (6) any additional information required by rules
    issued by the Department.
    (a-1) For each day or temporary laborer who is contracted
to work a single day, the third party client shall, at the end
of the work day, provide such day or temporary laborer with a
Work Verification Form, approved by the Department, which shall
contain the date, the day or temporary laborer's name, the work
location, and the hours worked on that day. Any third party
client who violates this subsection (a-1) may be subject to a
civil penalty not to exceed $500 for each violation found by
the Department. Such civil penalty may increase to $2,500 for a
second or subsequent violation. For purposes of this subsection
(a-1), each violation of this subsection (a-1) for each day or
temporary laborer and for each day the violation continues
shall constitute a separate and distinct violation.
    (b) A day and temporary labor service agency shall provide
each worker an annual earnings summary within a reasonable time
after the preceding calendar year, but in no case later than
February 1. A day and temporary labor service agency shall, at
the time of each wage payment, give notice to day or temporary
laborers of the availability of the annual earnings summary or
post such a notice in a conspicuous place in the public
reception area.
    (c) At the request of a day or temporary laborer, a day and
temporary labor service agency shall hold the daily wages of
the day or temporary laborer and make either weekly, bi-weekly,
or semi-monthly payments. The wages shall be paid in a single
check, or, at the day or temporary laborer's sole option, by
direct deposit or other manner approved by the Department,
representing the wages earned during the period, either weekly,
bi-weekly, or semi-monthly, designated by the day or temporary
laborer in accordance with the Illinois Wage Payment and
Collection Act. Vouchers or any other method of payment which
is not generally negotiable shall be prohibited as a method of
payment of wages. Day and temporary labor service agencies that
make daily wage payments shall provide written notification to
all day or temporary laborers of the right to request weekly,
bi-weekly, or semi-monthly checks. The day and temporary labor
service agency may provide this notice by conspicuously posting
the notice at the location where the wages are received by the
day or temporary laborers.
    (d) No day and temporary labor service agency shall charge
any day or temporary laborer for cashing a check issued by the
agency for wages earned by a day or temporary laborer who
performed work through that agency.
    (e) Day or temporary laborers shall be paid no less than
the wage rate stated in the notice as provided in Section 10 of
this Act for all the work performed on behalf of the third
party client in addition to the work listed in the written
description.
    (f) The total amount deducted for meals, equipment, and
transportation may not cause a day or temporary laborer's
hourly wage to fall below the State or federal minimum wage.
However, a day and temporary labor service agency may deduct
the actual market value of reusable equipment provided to the
day or temporary laborer by the day and temporary labor service
agency which the day or temporary laborer fails to return, if
the day or temporary laborer provides a written authorization
for such deduction at the time the deduction is made.
    (g) A day or temporary laborer who is contracted by a day
and temporary labor service agency to work at a third party
client's worksite but is not utilized by the third party client
shall be paid by the day and temporary labor service agency for
a minimum of 4 hours of pay at the agreed upon rate of pay.
However, in the event the day and temporary labor service
agency contracts the day or temporary laborer to work at
another location during the same shift, the day or temporary
laborer shall be paid by the day and temporary labor service
agency for a minimum of 2 hours of pay at the agreed upon rate
of pay.
(Source: P.A. 94-511, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/28/2007