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Public Act 91-0579
SB79 Enrolled LRB9101764WHdv
AN ACT in relation to day labor services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short Title. This Act may be cited as the
Day Labor Services Act.
Section 5. Definitions. As used in this Act:
"Day laborer" means a natural person who contracts for
employment with a day labor service agency.
"Day labor" means 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 labor service agency or the
third party employer for work undertaken by day laborers
pursuant to a contract between the day labor service agency
with the third party employer. "Day labor" does not include
labor or employment of a professional or clerical nature.
"Day labor service agency" means any person or entity
engaged in the business of employing day laborers to provide
services to or for any third party employer pursuant to a
contract with the day labor service and the third party
employer.
"Department" means the Department of Labor.
"Third party employer" means any person that contracts
with a day labor service agency for the employment of day
laborers.
Section 10. Statement.
(a) Whenever a day labor service agency agrees to send
one or more persons to work as day laborers, the day labor
service agency shall, upon request by a day laborer, provide
to the day laborer a statement containing the following
items: "Name and nature of the work to be performed", "wages
offered", "destination of the person employed", "terms of
transportation", and whether a meal and equipment is
provided, either by the day labor service or the third party
employer, and the cost of the meal and equipment, if any.
(b) No day labor service agency may send any day laborer
to any place where a strike, a lockout, or other labor
trouble exists without first notifying the day laborer of the
conditions.
(c) The Department shall recommend to day labor service
agencies that those agencies employ personnel who can
effectively communicate information required in subsections
(a) and (b) to day laborers in Spanish, Polish, or any other
language that is generally used in the locale of the day
labor agency.
Section 15. Meals. A day labor service agency or a
third party employer shall not charge a day laborer more than
the actual cost of a meal. In no case shall the purchase of
a meal be a condition of employment for a day laborer.
Section 20. Transportation. A day labor service agency
or a third party employer shall charge no more than the
actual cost to transport a day laborer to or from the
designated work site; however, the total cost to each day
laborer shall not exceed 3% of the day laborer's daily wages.
Any motor vehicle that is owned or operated by the day labor
service agency or a third party employer, or a contractor of
either, which is used for the transportation of day laborers
shall have proof of financial responsibility as provided for
in Chapter 8 of the Illinois Vehicle Code.
Section 25. Day laborer equipment. For any safety
equipment, clothing, accessories, or any other items required
by the nature of the work, either by law, custom, or as a
requirement of the third party employer, the day labor
service agency or the third party employer may charge the day
laborer the market value of the item temporarily provided to
the day laborer by the third party employer if the day
laborer fails to return such items to the third party
employer or the day labor service agency. For any other
equipment, clothing, accessories, or any other items the day
labor service agency makes available for purchase, the day
laborer shall not be charged more than the actual market
value for the item.
Section 30. Wage Payment.
(a) At the time of the payment of wages, a day labor
service agency shall provide each day laborer with an
itemized statement showing in detail each deduction made from
the wages.
(b) A day 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 labor service agency shall, at the time of each
wage payment, give notice to day 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 laborer, a day labor service
agency shall hold the daily wages of the day laborer and make
either weekly or semi-monthly payments. The wages shall be
paid in a single check representing the wages earned during
the period, either weekly or semi-monthly, designated by the
day laborer in accordance with the Illinois Wage Payment and
Collection Act. Day labor service agencies that make daily
wage payments shall provide written notification to all day
laborers of the right to request weekly or semi-monthly
checks. The day labor service agency may provide this notice
by conspicuously posting the notice at the location where the
wages are received by the day laborers.
(d) No day labor service agency shall charge any day
laborer for cashing a check issued by the agency for wages
earned by a day laborer who performed work through that
agency.
(e) Day 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
employer in addition to the work listed in the written
description.
Section 35. Public Access Area. Each day labor service
agency shall provide adequate seating in the public access
area of the offices of the agency. The public access area
shall be the location for the employment and wage notices
required by Section 10 of this Act. The public access area
shall allow for access to restrooms and water.
Section 40. Work Restriction. No day labor service
agency shall restrict the right of a day laborer to accept a
permanent position with a third party employer to whom the
day laborer has been referred for work or restrict the right
of such third party employer to offer such employment to a
day laborer. Nothing in this Section shall restrict a day
labor service agency from receiving a placement fee from the
third party employer for employing a day laborer for whom a
contract for work was effected by the day labor service
agency.
Section 45. Registration; Department of Labor. A day
labor service agency shall register with the Department of
Labor in accordance with rules adopted by the Department for
day labor service agencies that operate within the State.
The Department may assess each agency a registration fee not
exceeding $250. The Department shall also adopt rules for
violation hearings and penalties for violations of this Act
or the Department's rules. The Department shall cause to be
posted in each agency a notice which informs the public of a
toll-free telephone number for day laborers and the public to
file wage dispute complaints and other alleged violations by
day labor service agencies.
Section 50. Violations. The Department shall have the
authority to suspend or revoke the registration of a day
labor service agency if warranted by public health and safety
concerns or violations of this Act.
Section 99. Effective Date. This Act takes effect on
January 1, 2000.
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