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Public Act 92-0783
SB1975 Enrolled LRB9212627WHtmA
AN ACT concerning labor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 5.306 as follows:
(30 ILCS 105/5.306) (from Ch. 127, par. 141.306)
Sec. 5.306. The Child Labor and Day and Temporary Labor
Services Enforcement Fund.
(Source: P.A. 87-139; 87-895.)
Section 7. The Prevailing Wage Act is amended by
changing Sections 4 and 5 as follows:
(820 ILCS 130/4) (from Ch. 48, par. 39s-4)
Sec. 4. The public body awarding any contract for public
work or otherwise undertaking any public works, shall
ascertain the general prevailing rate of hourly wages in the
locality in which the work is to be performed, for each craft
or type of worker or mechanic needed to execute the contract,
and where the public body performs the work without letting a
contract therefor, shall ascertain the prevailing rate of
wages on a per hour basis in the locality, and such public
body shall specify in the resolution or ordinance and in the
call for bids for the contract, that the general prevailing
rate of wages in the locality for each craft or type of
worker or mechanic needed to execute the contract or perform
such work, also the general prevailing rate for legal holiday
and overtime work, as ascertained by the public body or by
the Department of Labor shall be paid for each craft or type
of worker needed to execute the contract or to perform such
work, and it shall be mandatory upon the contractor to whom
the contract is awarded and upon any subcontractor under him,
and where the public body performs the work, upon the public
body, to pay not less than the specified rates to all
laborers, workers and mechanics employed by them in the
execution of the contract or such work; provided, however,
that if the public body desires that the Department of Labor
ascertain the prevailing rate of wages, it shall notify the
Department of Labor to ascertain the general prevailing rate
of hourly wages for work under contract, or for work
performed by a public body without letting a contract as
required in the locality in which the work is to be
performed, for each craft or type of worker or mechanic
needed to execute the contract or project or work to be
performed. Upon such notification the Department of Labor
shall ascertain such general prevailing rate of wages, and
certify the prevailing wage to such public body. The public
body awarding the contract shall cause to be inserted in the
contract a stipulation to the effect that not less than the
prevailing rate of wages as found by the public body or
Department of Labor or determined by the court on review
shall be paid to all laborers, workers and mechanics
performing work under the contract. It shall also require in
all such contractor's bonds that the contractor include such
provision as will guarantee the faithful performance of such
prevailing wage clause as provided by contract. All bid
specifications shall list the specified rates to all
laborers, workers and mechanics in the locality for each
craft or type of worker or mechanic needed to execute the
contract. If the Department of Labor revises the prevailing
rate of hourly wages to be paid by the public body, the
revised rate shall apply to such contract, and the public
body shall be responsible to notify the contractor and each
subcontractor, of the revised rate. Two or more investigatory
hearings under this Section on the issue of establishing a
new prevailing wage classification for a particular craft or
type of worker shall be consolidated in a single hearing
before the Department. Such consolidation shall occur
whether each separate investigatory hearing is conducted by a
public body or the Department. The party requesting a
consolidated investigatory hearing shall have the burden of
establishing that there is no existing prevailing wage
classification for the particular craft or type of worker in
any of the localities under consideration.
(Source: P.A. 86-799.)
(820 ILCS 130/5) (from Ch. 48, par. 39s-5)
Sec. 5. The contractor and each subcontractor or the
officer of the public body in charge of the project shall
keep or cause to be kept, an accurate record showing the
names and occupation of all laborers, workers and mechanics
employed by them, in connection with said public work, and
showing also the actual hourly wages paid to each of such
persons, which record shall be open at all reasonable hours
to the inspection of the public body awarding the contract,
its officers and agents, and to the Director of Labor and his
deputies and agents. Any contractor or subcontractor that
maintains its principal place of business outside of this
State shall make the required records or accurate copies of
those records available within this State at all reasonable
hours for inspection.
(Source: P.A. 81-992.)
Section 10. The Day Labor Services Act is amended by
changing the title of the Act and Sections 1, 5, 10, 15, 20,
25, 30, 35, 40, 45, and 50 and by adding Sections 55, 60, 65,
70, 75, and 80 as follows:
(820 ILCS 175/Act title)
AN ACT in relation to day and temporary labor services.
(820 ILCS 175/1)
Sec. 1. Short Title. This Act may be cited as the Day
and Temporary Labor Services Act.
(Source: P.A. 91-579, eff. 1-1-00.)
(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 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 employer
for work undertaken by day or temporary laborers pursuant to
a contract between the day and temporary labor service agency
with the third party employer. "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 to or for any third
party employer pursuant to a contract with the day and
temporary labor service and the third party employer.
"Department" means the Department of Labor.
"Third party employer" means any person that contracts
with a day and temporary labor service agency for the
employment of day or temporary laborers.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/10)
Sec. 10. Statement.
(a) Whenever a day and temporary labor service agency
agrees to send one or more persons to work as day or
temporary laborers, the day and temporary labor service
agency shall, upon request by a day or temporary laborer,
provide to the day or temporary 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 and temporary labor
service or the third party employer, and the cost of the meal
and equipment, if any.
(b) No day and temporary labor service agency may send
any day or temporary laborer to any place where a strike, a
lockout, or other labor trouble exists without first
notifying the day or temporary laborer of the conditions.
(c) The Department shall recommend to day and temporary
labor service agencies that those agencies employ personnel
who can effectively communicate information required in
subsections (a) and (b) to day or temporary laborers in
Spanish, Polish, or any other language that is generally used
in the locale of the day and temporary labor agency.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/15)
Sec. 15. Meals. A day and temporary labor service
agency or a third party employer shall not charge a day or
temporary 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 or temporary laborer.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/20)
Sec. 20. Transportation. A day and temporary labor
service agency or a third party employer shall charge no more
than the actual cost to transport a day or temporary laborer
to or from the designated work site; however, the total cost
to each day or temporary laborer shall not exceed 3% of the
day or temporary laborer's daily wages. Any motor vehicle
that is owned or operated by the day and temporary labor
service agency or a third party employer, or a contractor of
either, which is used for the transportation of day or
temporary laborers shall have proof of financial
responsibility as provided for in Chapter 8 of the Illinois
Vehicle Code.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/25)
Sec. 25. Day or temporary 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 and
temporary labor service agency or the third party employer
may charge the day or temporary laborer the market value of
the item temporarily provided to the day or temporary laborer
by the third party employer if the day or temporary laborer
fails to return such items to the third party employer or the
day and temporary labor service agency. For any other
equipment, clothing, accessories, or any other items the day
and temporary labor service agency makes available for
purchase, the day or temporary laborer shall not be charged
more than the actual market value for the item.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/30)
Sec. 30. Wage Payment.
(a) At the time of the payment of wages, a day and
temporary labor service agency shall provide each day or
temporary laborer with an itemized statement showing in
detail each deduction made from the wages.
(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 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 or temporary
laborer in accordance with the Illinois Wage Payment and
Collection Act. 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 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 employer in addition to the work listed in the written
description.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/35)
Sec. 35. Public Access Area. Each day and temporary
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.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/40)
Sec. 40. Work Restriction. No day and temporary labor
service agency shall restrict the right of a day or temporary
laborer to accept a permanent position with a third party
employer to whom the day or temporary laborer has been
referred for work or restrict the right of such third party
employer to offer such employment to a day or temporary
laborer. Nothing in this Section shall restrict a day and
temporary labor service agency from receiving a placement fee
from the third party employer for employing a day or
temporary laborer for whom a contract for work was effected
by the day and temporary labor service agency.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/45)
Sec. 45. Registration; Department of Labor. A day and
temporary labor service agency shall register with the
Department of Labor in accordance with rules adopted by the
Department for day and temporary labor service agencies that
operate within the State. The Department may assess each
agency a non-refundable registration fee not exceeding $250
per year. The fee may be paid by check or money order and
the Department may not refuse to accept a check on the basis
that it is not a certified check or a cashier's check. The
Department may charge an additional fee to be paid by an
agency if the agency, or any person on the agency's behalf,
issues or delivers a check to the Department that is not
honored by the financial institution upon which it is drawn.
The Department shall also adopt rules for violation hearings
and penalties for violations of this Act or the Department's
rules in conjunction with the fines and penalties set forth
in this Act. The Department shall cause to be posted in each
agency a notice which informs the public of a toll-free
telephone number for day or temporary laborers and the public
to file wage dispute complaints and other alleged violations
by day and temporary labor service agencies.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/50)
Sec. 50. Violations. The Department shall have the
authority to suspend or revoke the registration of a day and
temporary labor service agency if warranted by public health
and safety concerns or violations of this Act.
(Source: P.A. 91-579, eff. 1-1-00.)
(820 ILCS 175/55 new)
Sec. 55. Enforcement. It shall be the duty of the
Department to enforce the provisions of this Act. The
Department shall have the power to conduct investigations in
connection with the administration and enforcement of this
Act and any investigator with the Department shall be
authorized to visit and inspect, at all reasonable times, any
places covered by this Act. The Department shall conduct
hearings in accordance with the Illinois Administrative
Procedure Act upon written complaint by an investigator of
the Department or any interested person of a violation of the
Act. After the hearing, if supported by the evidence, the
Department may (i) issue and cause to be served on any party
an order to cease and desist from further violation of the
Act, (ii) take affirmative or other action as deemed
reasonable to eliminate the effect of the violation, (iii)
deny, suspend, or revoke any registration under this Act, and
(iv) determine the amount of any civil penalty allowed by the
Act. The Director of Labor or his or her representative may
compel, by subpoena, the attendance and testimony of
witnesses and the production of books, payrolls, records,
papers, and other evidence in any investigation or hearing
and may administer oaths to witnesses. Nothing in this Act
applies to labor or employment of a clerical or professional
nature.
(820 ILCS 175/60 new)
Sec. 60. Review under Administrative Review Law. Any
party to a proceeding under this Act may apply for and obtain
judicial review of an order of the Department entered under
this Act in accordance with the provisions of the
Administrative Review Law, and the Department in proceedings
under the Act may obtain an order from the court for the
enforcement of its order.
(820 ILCS 175/65 new)
Sec. 65. Contempt. Whenever it appears that any day and
temporary labor service agency has violated a valid order of
the Department issued under this Act, the Director of Labor
may commence an action and obtain from the court an order
commanding the day and temporary labor service agency to obey
the order of the Department or be adjudged guilty of contempt
of court and punished accordingly.
(820 ILCS 175/70 new)
Sec. 70. Penalties. A day and temporary labor service
agency that violates any of the provisions of this Act
concerning registration, transportation, equipment, meals,
wages, or waiting rooms shall be subject to a civil penalty
not to exceed $500 for any violations found in the first
audit by the Department and not to exceed $5,000 for any
violations found in the second audit by the Department. For
any violations that are found in a third audit by the
Department that are within 7 years of the earlier violations,
the Department may revoke the registration of the violator.
In determining the amount of a penalty, the Director shall
consider the appropriateness of the penalty to the day and
temporary labor service agency charged, upon the
determination of the gravity of the violations. The amount of
the penalty, when finally determined, may be:
(1) Recovered in a civil action brought by the
Director of Labor in any circuit court. In this
litigation, the Director of Labor shall be represented by
the Attorney General.
(2) Ordered by the court, in an action brought by
any party for a violation under this Act, to be paid to
the Director of Labor.
Any administrative determination by the Department as to
the amount of each penalty shall be final unless reviewed as
provided in Section 60 of this Act.
(820 ILCS 175/75 new)
Sec. 75. Willful violations. Whoever willfully violates
any of the provisions of this Act or any rule adopted under
this Act, or whoever obstructs the Department of Labor, its
inspectors or deputies, or any other person authorized to
inspect places of employment under this Act shall be guilty
of a Class A misdemeanor. Each day during which a violation
of this Act continues shall constitute a separate and
distinct offense, and the employment of any person in
violation of the Act shall, with respect to each person so
employed, constitute a separate and distinct offense.
Whenever, in the opinion of the Department, a violation of
the Act has occurred, the Department shall report the
violation to the Attorney General of this State who shall
have authority to prosecute all reported violations.
(820 ILCS 175/80 new)
Sec. 80. Child Labor and Day and Temporary Labor
Enforcement Fund. All moneys received as fees and civil
penalties under this Act shall be deposited into the Child
Labor and Day and Temporary Labor Enforcement Fund and may be
used for the purposes set forth in Section 17.3 of the Child
Labor Law.
Section 15. The Child Labor Law is amended by changing
Section 17.3 as follows:
(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
Sec. 17.3. Any employer who violates any of the
provisions of this Act or any rule or regulation issued under
the Act shall be subject to a civil penalty of not to exceed
$5,000 for each such violation. In determining the amount of
such penalty, the appropriateness of such penalty to the size
of the business of the employer charged and the gravity of
the violation shall be considered. The amount of such
penalty, when finally determined, may be
(1) recovered in a civil action brought by the
Director of Labor in any circuit court, in which
litigation the Director of Labor shall be represented by
the Attorney General;
(2) ordered by the court, in an action brought for
violation under Section 19, to be paid to the Director of
Labor.
Any administrative determination by the Department of
Labor of the amount of each penalty shall be final unless
reviewed as provided in Section 17.1 of this Act.
Civil penalties recovered under this Section shall be
paid into the Child Labor and Day and Temporary Labor
Enforcement Fund, a special fund which is hereby created in
the State treasury. Moneys Monies in the Fund may shall be
used, subject to appropriation, for exemplary programs,
demonstration projects, and other activities or purposes
related to the enforcement of this Act or for the activities
or purposes related to the enforcement of the Day and
Temporary Labor Services Act.
(Source: P.A. 87-139; 88-365.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that the provisions amending the State
Finance Act, the Day Labor Services Act, and the Child Labor
Law take effect on January 1, 2003.
Passed in the General Assembly May 29, 2002.
Approved August 06, 2002.
Effective August 06, 2002.
Effective January 01, 2003.
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