99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1859

 

Introduced 2/20/2015, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 515/1  from Ch. 111, par. 901
225 ILCS 515/1.5 new
225 ILCS 515/3  from Ch. 111, par. 903
225 ILCS 515/11  from Ch. 111, par. 914
225 ILCS 515/12  from Ch. 111, par. 915
225 ILCS 515/12.2 new
225 ILCS 515/12.3 new
225 ILCS 515/12.4 new
225 ILCS 515/12.5 new
225 ILCS 515/12.6 new

    Amends the Private Employment Agency Act. Makes changes to provisions concerning applications for original licensure, renewal of licenses, recordkeeping, definitions, investigative authority of the Department of Labor, grounds for discipline, and disciplinary proceedings. Provides that the Department shall provide on its website, accessible to the public, a list of all licensed employment agencies and all employment agencies whose license has been suspended or registration revoked. Provides that it is a violation of the Act for an employment agency to violate certain provisions of the Illinois Minimum Wage Law and the Wage Payment and Collection Act. Provides that it is a violation of the Act for a private employment agency to interfere with the rights granted to an employee by any wage law in the State. Provides that it is a violation of the Act for an employer to accept a referral of an individual for employment from an employment agency not licensed under the Act. Eliminates criminal penalties; provides civil penalties for both employment agencies and employers for violating the Act. Provides that all fees and civil penalties collected under the Act shall be deposited into the Wage Theft Enforcement Fund.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1859LRB099 06627 HAF 26700 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Private Employment Agency Act is amended by
5changing Sections 1, 3, 11, and 12 and by adding Sections 1.5,
612.2, 12.3, 12.4, 12.5, and 12.6 as follows:
 
7    (225 ILCS 515/1)  (from Ch. 111, par. 901)
8    Sec. 1. Department of Labor; authority to license
9employment agencies; unlicensed operation; website listing of
10agencies; rulemaking authority.
11    (a) It shall be the duty of the Department of Labor and it
12shall have power, jurisdiction and authority to issue licenses
13to employment agencies or agents, and to refuse to issue
14licenses whenever, after due investigation, the Department of
15Labor finds that the character of the applicant makes him unfit
16to be an employment agent, or when the premises proposed to be
17used for conducting the business of an employment agency, is
18found, upon investigation, to be unfit for such use.
19    (b) Any such license granted by the Department of Labor may
20also be revoked or suspended by it upon due notice to the
21holder of said license and upon due cause shown and hearing
22thereon. Failure to comply with the duties, terms, rules,
23conditions or provisions required by any law of this State

 

 

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1governing employment agencies, or with any lawful order of the
2Department of Labor, shall be deemed cause to revoke or suspend
3such license.
4    (c) It is a violation of this Act to operate a private
5employment agency without first registering with the
6Department of Labor and obtaining a license in accordance with
7Section 1.5 of this Act. The Department has the authority to
8assess a penalty against any agency that fails to obtain a
9license from the Department in accordance with this Act or any
10rules adopted under this Act of $500 for each violation. Each
11day during which an employment agency operates without a
12license shall be a separate and distinct violation of the Act.
13    (d) The Department shall create and maintain at regular
14intervals on its website, accessible to the public:
15        (1) a list of all licensed employment agencies in the
16    State;
17        (2) a list of all employment agencies in the State
18    whose license has been suspended, including the reason for
19    the suspension, the date that the suspension was initiated,
20    and the date, if known, the suspension is to be lifted; and
21        (3) a list of employment agencies in the State whose
22    registration has been revoked, including the reason for the
23    revocation and the date the registration was revoked.
24    (e) The Department of Labor shall have power, jurisdiction
25and authority to fix and order such reasonable rules and
26regulations for the conduct of the business of employment

 

 

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1agencies, as may be necessary to carry out the laws relating to
2employment agencies.
3    The applicant shall furnish to the Department an affidavit
4stating that he has never been a party to any fraud, has no
5jail or prison record, belongs to no subversive societies, is
6of good moral character, has business integrity and is
7financially responsible.
8    In determining moral character and qualification for
9licensing, the Department may take into consideration any
10criminal conviction of the applicant, but such a conviction
11shall not operate as a bar to licensing.
12    No person shall open, keep or carry on any employment
13agency in the State of Illinois, unless such person shall
14procure a license therefor from the Department of Labor. Any
15person who shall open up, or conduct any such agency without
16first procuring such license or without paying any fees
17required by this Act, shall be guilty of a Class B misdemeanor.
18    The application fee for such license shall be $250 annually
19for persons operating an agency with less than 3 employment
20counsellors; $350 annually for persons operating an agency with
21from 3 to 5 employment counsellors; $400 annually for persons
22operating an agency employing from 6 to 10 employment
23counsellors and $500 annually for persons operating an agency
24employing in excess of 10 employment counsellors. The
25application fee is nonrefundable.
26    Every license shall contain the name of the person

 

 

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1licensed, or if a corporation, the name of the chief officer, a
2designation of the city, street number of the building in which
3the licensee is authorized to carry on the employment agency,
4and the style or trade name under which such licensee is to
5conduct the employment agency. Such license shall not be valid
6to protect any person who operates any employment agency under
7any other name than is mentioned in the license. No license
8shall be valid to protect any place other than that designated
9in the license, unless notice in writing was given by a
10licensee to the Department of Labor that the licensee intends
11to commence conduct of an employment agency at another or at an
12additional location, which notice is accompanied by the
13requisite fee and bond, or unless any employment agency
14interviews on the premises of an employer client for employees
15for the employer client and notifies the Department thereof at
16least 48 hours prior thereto and the Department fails to raise
17an objection to the interviewing. No such agency shall be
18located in connection with any place where intoxicating liquors
19are sold.
20    The application for such license shall be filed with the
21Department of Labor and the Department of Labor shall act upon
22such application before 60 days from the time of filing such
23application. The license shall run for one year from date of
24issue, and no longer, unless sooner revoked by the Department
25of Labor. Such application shall be posted in the office of the
26Department of Labor from date of filing thereof and until such

 

 

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1time as such application is acted upon. Such application shall
2contain the name, address and telephone number of the person
3who desires to secure a license, and shall be signed by him. If
4the application is filed on behalf of a partnership, the
5application shall contain the date when the partnership was
6formed, and the names and addresses of all partners, and shall
7be signed by one of the partners. If the application is filed
8on behalf of a corporation, the application shall contain the
9date when the corporation was formed, the state of
10incorporation, and the names and addresses of all officers of
11the corporation, and shall be signed by the president and
12secretary of the corporation. The application shall state
13whether or not any person mentioned in the application was ever
14engaged in the business of conducting an employment agency, or
15was employed by an employment agency in this State or elsewhere
16and shall set forth the facts if any concerning such previous
17connection with the employment agency business. The
18application shall contain the name and address of the person
19who is to have the general management of the agency.
20    Such application shall state whether or not any person
21mentioned in the application is pecuniarily interested in any
22other business and if so, the nature of such business and where
23it is carried on. Such applicant shall also state whether the
24person or persons mentioned in the application are the only
25persons pecuniarily interested in the business to be carried on
26under the license. Such application shall also contain such

 

 

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1other information as the Department shall by regulation
2require. Such application shall be accompanied by such evidence
3of the applicant's business reputation for integrity and such
4evidence of the applicant's financial responsibility as the
5Department may by regulation require. Such application shall be
6accompanied by the affidavits of two persons of business or
7professional integrity, residing within the city or town
8wherein such applicant resides or intends to conduct his
9business, and such affiants shall state that they have known
10the applicant for a period of two years, that the applicant is
11a person of good moral character.
12    Upon the filing of such application, the Department shall
13cause an investigation to be made as to the character and the
14business integrity and financial responsibility of the
15applicant and those mentioned in the application, and as to the
16fitness of the premises to be used. The application shall be
17rejected if the Department shall find that any of the persons
18named in the application is not of good moral character,
19business integrity and financial responsibility, if the
20premises are unfit or if there is any good and sufficient
21reason within the meaning and purpose of this Act for rejecting
22such application. Unless the application shall be rejected for
23one or more of the causes specified above, it shall be granted.
24A detailed report of such investigation and the action taken
25thereon shall be made in writing, signed by the investigator
26and become a part of the official records of the Department's

 

 

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1office.
2    When at the time of filing the application, the applicant
3or any person mentioned in the application is employed as an
4employment counsellor by a licensed employment agency in this
5State, the department shall notify the agency of this fact.
6    Such license shall be renewed upon licensee furnishing the
7Department accompanied by the required application fee, a
8letter from a surety stating that a sufficient bond is in force
9and other documents necessary to complete the renewal. Failure
10to renew a license at its expiration date shall cause the
11license to lapse and may only be reinstated by a new
12application.
13    No license shall be transferrable, but a licensee may at
14any time with the approval of the Department, make changes in
15the structure of the business entity operating the agency, but
16no licensee shall permit any person not mentioned in the
17original application for a license to become a partner if such
18agency is a partnership, or an officer of the corporation if
19such agency is a corporation, unless the written consent of the
20Department of Labor shall first be obtained. Such consent may
21be withheld for any reason for which an original application
22might have been rejected, if the person in question had been
23mentioned therein. No such change shall be permitted until the
24written consent of the surety or sureties on the bond required
25to be filed by Section 2 of this Act, to such change, be filed
26with the original bond. The Department shall be notified

 

 

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1immediately of any change in the management of the agency so
2that at all times the identity of the person charged with the
3general management of the agency shall be known by the
4Department. Licensee may promote persons within its agency or
5change the titles and duties of existing agency personnel other
6than the General Manager without notice to the Department.
7        Each applicant for a license shall file with the
8    application a schedule of fees, charges and commissions,
9    which he intends to charge and collect for his services,
10    together with a copy of all forms and contracts to be used
11    in the operation of the agency. Such schedule of fees,
12    charges and commissions may thereafter be changed by filing
13    with the Department of Labor an amended or supplemental
14    schedule, showing such changes, at least 15 days before
15    such change is to become effective. Any change in forms or
16    contracts must be filed with the Department of Labor at
17    least 15 days before such change is to become effective.
18    Such schedule of fees to be charged shall be posted in a
19    conspicuous place in each room of such agency where
20    applicants are interviewed and such schedule of fees shall
21    be printed in not less than 30 point bold faced-type.
22    Agencies which deal exclusively with employer paid fees
23    shall not be required to post said schedule of fees. The
24    Department may by regulation require contracts to contain
25    definitions of terms used in such contracts to eliminate
26    ambiguity.

 

 

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1    It shall be unlawful for any employment agency to charge,
2collect or receive a greater compensation for any service
3performed by it than is specified in such schedule filed with
4the Department of Labor. It shall be unlawful for any
5employment agency to collect or attempt to collect any
6compensation for any service not specified in the schedule of
7fees filed with the department.
8(Source: P.A. 85-1408; 86-1043.)
 
9    (225 ILCS 515/1.5 new)
10    Sec. 1.5. Application for license; application fees;
11disclosure of fees, charges, and commissions; investigation of
12applicants; renewal of license; changes in structure and
13management of licensees.
14    (a) The applicant for a license shall furnish to the
15Department the following:
16        (1) An affidavit stating that he has never been a party
17    to any fraud, has no jail or prison record, belongs to no
18    subversive societies, is of good moral character, has
19    business integrity and is financially responsible. In
20    determining moral character and qualification for
21    licensing, the Department may take into consideration any
22    criminal conviction of the applicant, but such a conviction
23    shall not operate as a bar to licensing.
24        (2) A completed application, on a form provided by the
25    Department, that includes the name of the person,

 

 

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1    corporation, or other entity applying for the license; the
2    location at which the person intends to conduct business;
3    the type of employment services provided; and a disclosure
4    of any other pecuniary interests held by the entity
5    applying for the license.
6        (3) An application fee. The application fee for such
7    license shall be $250 annually for persons operating an
8    agency with less than 3 employment counsellors; $350
9    annually for persons operating an agency with from 3 to 5
10    employment counsellors; $400 annually for persons
11    operating an agency employing from 6 to 10 employment
12    counsellors; and $599 annually for persons operating an
13    agency employing in excess of 10 employment counsellors.
14    The application fee is nonrefundable.
15        (4) A schedule of fees, charges, and commissions, which
16    the employment agency intends to charge and collect for its
17    services, together with a copy of all forms and contracts
18    that the agency intends to be used in the operation of the
19    agency. Such schedule of fees, charges, and commissions may
20    thereafter be changed by filing with the Department an
21    amended or supplemental schedule showing such changes at
22    least 15 days before such change is to become effective.
23    Any change in forms or contracts must be filed with the
24    Department of Labor at least 15 days before such change is
25    going to become effective. Such schedule of fees to be
26    charged shall be posted in a conspicuous place in each room

 

 

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1    of such an agency where applicants are interviewed, in not
2    less than 30 point bold-faced type. Agencies which deal
3    exclusively with employer paid fees shall not be required
4    to post said schedule of fees. The Department may by rule
5    require contracts to contain definitions of terms used in
6    such contracts to eliminate ambiguity.
7    It shall be unlawful for any employment agency to charge,
8collect, or receive a greater compensation for any service
9performed by it than is specified in the schedule filed with
10the Department. It shall be unlawful for any employment agency
11to collect or attempt to collect any compensation for any
12service not specified in the schedule of fees filed with the
13Department.
14    (b) Upon the filing of such application and supporting
15documentation, the Department shall cause an investigation to
16be made as to the character and the business integrity and
17financial responsibility of the applicant and those mentioned
18in the application, and as to the fitness of the premises to be
19used. The application shall be rejected if the Department finds
20that any of the persons named in the application fail to
21demonstrate good moral character, business integrity and
22financial responsibility, if the premises are unfit, or if
23there is any good and sufficient reason within the meaning and
24purpose of this Act for rejecting such application. Unless the
25application shall be rejected for one or more of the causes
26specified above, it shall be granted. A detailed report of such

 

 

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1investigation and the action taken thereon shall be made in
2writing, signed by the investigator, and become a part of the
3official records of the Department. When at the time of filing
4the application, the applicant or any person mentioned in the
5application is employed as an employment counsellor by a
6licensed employment agency in this State, the Department shall
7notify the agency of this fact.
8    (c) Once issued, a license may be renewed annually by
9furnishing the Department the required application fee, a
10letter from a surety stating that a sufficient bond is in
11force, and other documents necessary to complete the renewal.
12Failure to renew a license at its expiration date shall cause
13the license to lapse and it may only be reinstated by a new
14application.
15    (d) No license shall be transferrable, but a licensee may,
16with the approval of the Department, make changes in the
17structure of the business entity operating the agency, but no
18licensee shall permit any person not mentioned in the original
19application for a license to become a partner if such agency is
20a partnership, or an officer of the corporation if such agency
21is a corporation, unless the written consent of the Department
22of Labor shall first be obtained. Such consent may be withheld
23for any reason for which an original application might have
24been rejected, if the person in question had been mentioned
25therein. No such change shall be permitted until the written
26consent of the surety or sureties on the bond required to be

 

 

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1filed by Section 2 of this Act, to such change, is filed with
2the original bond. The Department shall be notified immediately
3of any change in the management of the agency so that at all
4times the identity of the person charged with the general
5management of the agency shall be known by the Department. A
6licensee may promote persons within its agency or change the
7titles and duties of existing agency personnel, other than the
8general manager, without notice to the Department.
 
9    (225 ILCS 515/3)  (from Ch. 111, par. 903)
10    Sec. 3. Records. It shall be the duty of every such
11licensed person to keep a complete record in the English
12language of all orders for employees which are received from
13prospective employers. Upon request of the Department, a
14licensee shall verify the date when the order was received, the
15name of the person recording the job order, the name and
16address of the employer seeking the services of an employee,
17the name of the person placing the order, the kind of employee
18requested, the qualifications required in the employee, the
19salary or wages to be paid if known, and the possible duration
20of the job. Prior to the placement of any job advertisement, an
21employment agency must have a current, bona fide job order, and
22must maintain a copy of both the advertisement and the job
23order in a register established specially for that purpose. The
24term "current, bona fide job order" shall be defined as a job
25order obtained by the employment agency within 30 days prior to

 

 

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1the placement of the advertisement. A job order must be renewed
2after 45 days and must be annotated with the name of the
3representative of the prospective employer who authorized the
4renewal and the date on which the renewal was authorized.
5    Such employment agency shall also keep a complete record in
6the English language of each applicant to whom employment is
7offered or promised and who is sent out by the agency to secure
8a job or interview. This record, which shall be called the
9Applicant's Record, shall contain the date when the applicant
10was sent out for the job or interview, the name of the
11applicant, the name and address of the person or firm to whom
12sent, the type of job offered and the wages or salary proposed
13to be paid if known.
14    The agency shall also keep a record of all payments to it
15of any and all placement fees received and refunded. This
16record shall be called a Fee Transaction record. It shall
17contain the date of each transaction, the name of the person
18making the remittance, the amount paid, a designation
19indicating whether the amount paid is in full or on account,
20the receipt number and the date and the amount of any refund.
21    Notwithstanding the provisions of this Act concerning the
22records required to be kept by employment agencies, the
23Director of Labor may by regulation permit teachers' agencies,
24medical agencies, nurses' registries, theatrical agencies,
25contract labor agencies, baby sitter agencies and such other
26agencies of a like nature who serve the needs of a specialized

 

 

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1class of workers, to keep such records concerning job orders,
2listing of placed applicants, listing of available applicants
3and payments of fees by either the employer or the employee as
4the Department by regulation may approve.
5    The aforesaid records shall be kept in the agency for 3
6years one year and shall be open during office hours to
7inspection by the Department and its duly qualified agents, or
8produced in response to a subpoena issued by the Attorney
9General in accordance with Section 10-104 of the Illinois Human
10Rights Act. No such licensee, or his employee, shall knowingly
11make any false entry in such records. It is a violation of this
12Act to falsify or fail to keep any of the aforesaid records.
13(Source: P.A. 91-357, eff. 7-29-99.)
 
14    (225 ILCS 515/11)  (from Ch. 111, par. 914)
15    Sec. 11. Definitions. When used in this Act, unless the
16context indicates otherwise:
17    The term "employment agency" means any person engaged for
18gain or profit in the business of placing, referring, securing,
19or attempting to secure employment for persons seeking
20employment, or in finding employees for employers. However, the
21term "employment agency" shall not include any person engaged
22in the business of consulting or recruiting, and who in the
23course of such business is compensated solely by any employer
24to identify, appraise, or recommend an individual or
25individuals who are at least 18 years of age or who hold a high

 

 

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1school diploma for consideration for a position, provided that
2in no instance is the individual who is identified, appraised,
3or recommended for consideration for such position charged a
4fee directly or indirectly in connection with such
5identification, appraisal, or recommendation, or for
6preparation of any resume, or on account of any other personal
7service performed by the person engaged in the business of
8consulting or recruiting; but this exclusion is not applicable
9to theatrical employment agencies or domestic service
10employment agencies.
11    The term "employer" means any person employing or seeking
12to employ any person for hire.
13    The term "employee" means any person performing or seeking
14to perform work or services of any kind or character whatsoever
15for hire.
16    The term "person" means any person, firm, association,
17partnership, limited liability company, association, or
18corporation, or other legal entity or its legal
19representatives, agents, or assigns.
20    The term "employment counsellor" means employees of any
21employment agency who interview, counsel, or advise applicants
22or employers or both on employment or allied problems, or who
23make or arrange contracts or contacts between employers and
24employees. The term "employment counsellor" includes employees
25who solicit orders for employees from prospective employers.
26    The term "acceptance" means a mutual agreement, verbal or

 

 

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1written, between employee and employer as to starting salary,
2position, time and place of employment.
3    The term "applicant" means any person who uses the services
4of an employment agency to secure employment for himself.
5    The term "department" means the Department of Labor.
6    The term "Director" means the Director of the Department of
7Labor.
8    The term "fee" means money or a promise to pay money. The
9term "fee" also means and includes the excess of money received
10by any such licensee over what he has paid for transportation,
11transfer of baggage, or lodging, for any applicant for
12employment. The term "fee" also means and includes the
13difference between the amount of money received by any person,
14who furnishes employees or performers for any entertainment,
15exhibition or performance, and the amount paid by the person
16receiving the amount of money to the employees or performers
17whom he hires to give such entertainment, exhibition or
18performance.
19    The term "privilege" means and includes the furnishing of
20food, supplies, tools or shelter to contract laborers, commonly
21known as commissary privileges.
22    The term "theatrical employment agency" means and includes
23the business of conducting an agency, bureau, office or any
24other place for the purpose of procuring or offering, promising
25or attempting to provide engagements for persons who want
26employment in the following occupations: circus, vaudeville,

 

 

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1theatrical and other entertainment, or exhibitions, or
2performances, or of giving information as to where such
3engagements may be procured or provided, whether such business
4is conducted in a building, on the street, or elsewhere.
5    The term "theatrical engagement" means and includes any
6engagement or employment of a person as an actor, performer, or
7entertainer, in a circus, vaudeville, theatrical or any other
8entertainment, exhibition or performance.
9    The term "emergency engagement" means and includes any
10engagement that is to be performed within 24 hours of the time
11such application was made by an employer.
12    The term "domestic service" means household work in the
13home of the employer and includes, but is not limited to, work
14as a maid, cook, butler, gardener, chauffeur, housekeeper or
15babysitter.
16(Source: P.A. 89-295, eff. 8-11-95.)
 
17    (225 ILCS 515/12)  (from Ch. 111, par. 915)
18    Sec. 12. Enforcement of Act; hearing procedure;
19disciplinary actions; certification of records and costs;
20action to force compliance with a valid order.
21    (a) The enforcement of this Act shall be entrusted to the
22Department of Labor, which shall appoint such inspectors and
23officers as it may deem necessary to carry out the provisions
24of this Act. The Director of Labor or his authorized
25representative shall have the power to conduct investigations

 

 

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1in connection with the administration and enforcement of this
2Act, and any investigator with the Department shall be
3authorized to visit and inspect such places and records as the
4Director of Labor may deem necessary or appropriate to
5determine if there has been a violation of this Act.
6    (b) The Director of Labor or his designated representative
7shall have the power and authority to conduct hearings in
8accordance with "The Illinois Administrative Procedure Act",
9as now or hereafter amended, upon complaint by an authorized
10officer of the Department of Labor or any interested person of
11a violation of the Act or the rules and regulations of the
12Department of Labor. The Director of Labor or his duly
13qualified assistants shall have the power to issue subpoenas
14requiring the attendance of witnesses and the production of
15books and papers pertinent to such hearing, and to administer
16oaths to such witnesses. If any witness refuses to obey a
17subpoena issued hereunder, the Director of Labor may petition
18the circuit court of the county in which the hearing is held
19for an order requiring the witness to attend and testify or
20produce documentary evidence. The circuit court shall hear the
21petition and if it appears that the witness should testify or
22should produce documentary evidence, it may enter an order
23requiring the witness to obey the subpoena. The court may
24compel obedience by attachment proceedings as for contempt of
25court. A calendar of all such hearings shall be kept by the
26Department of Labor, and shall be posted in a conspicuous place

 

 

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1in its public office for at least one day before the date of
2such hearing. The result of such hearing shall be rendered
3within 30 days from the time the matter is finally submitted.
4    (c) After the hearing, if supported by the evidence, the
5The Director of Labor may:
6        (1) issue and cause to be served on any party to a
7    formal hearing if supported by the evidence an order to
8    cease and desist from violation of the Act; ,
9        (2) take such further affirmative or other action as
10    deemed reasonable to eliminate the effect of the
11    violation; ,
12        (3) refuse to issue and may revoke or suspend any
13    license; and for any good cause shown within the meaning
14    and purpose of this Act.
15        (4) determine the amount of any civil penalty permitted
16    by this Act. When it is shown to the satisfaction of the
17    Director of Labor that any person is guilty of any immoral,
18    fraudulent or illegal conduct in connection with the
19    conduct of the business, it shall be the duty of the
20    Director of Labor to revoke or suspend the license of such
21    person, but notice of such charges shall be presented and
22    reasonable opportunity shall be given the licensee to
23    defend himself in the manner and form heretofore provided
24    in this Section of the Act.
25    Whenever the Director of Labor shall issue an order after
26hearing as provided in this Section, refuse to issue, or revoke

 

 

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1the license of any such employment agency or employment
2counsellor, the determination shall be reviewable under and in
3accordance with the provisions of the Administrative Review
4Law.
5    (d) The Department shall certify the record of its
6proceedings if the party commencing the proceedings shall pay
7to it the cost of preparing and certifying such records,
8including the recording and transcribing of all testimony
9introduced in the proceedings. If payment for such costs is not
10made by the party commencing the proceedings for review within
1110 days after notice from the Department of the cost of
12preparing and certifying the record, the court in which the
13proceeding is pending, on motion of the Director, shall dismiss
14the complaint. Whenever, for any cause such license is revoked,
15the revocation shall not take effect until 7 days after such
16revocation is officially announced; and such revocation shall
17be considered good cause for refusing to issue another license
18to the person or his representative, or to any person with whom
19he is to be associated in the business of furnishing employment
20or employees.
21    (e) Whenever it appears that any employment agency has
22violated a valid order of the Director of Labor issued under
23this Act, the Director may commence an action and obtain from
24the court an order upon the employment agency commanding the
25employment agency to obey the order of the Director or be
26adjudged guilty of contempt of court and punished accordingly.

 

 

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1Any person who violates any provisions of this Act, except as
2provided in Sections 1, 4 and 10, commits a business offense,
3and shall be fined up to $1000. The Department of Labor or its
4duly authorized agents may institute criminal proceedings for
5its enforcement in the circuit court.
6(Source: P.A. 82-783.)
 
7    (225 ILCS 515/12.2 new)
8    Sec. 12.2. Civil penalties for violations of the Act;
9hearing procedure.
10    (a) An employment agency that violates any of the
11provisions of this Act or any rule adopted under this Act shall
12be subject to a civil penalty not to exceed $6,000 for
13violations found in the first audit by the Department.
14Following a first audit, an employment agency shall be subject
15to a civil penalty not to exceed $2,500 for each repeat
16violation found by the Department within 3 years. For purposes
17of this subsection (a), each violation of this Act, for each
18day the violation continues, shall constitute a separate and
19distinct violation. In determining the amount of a penalty, the
20Director of Labor shall consider the appropriateness of the
21penalty to the employment agency or employer charged, upon the
22determination of the gravity of the violations. For any
23violation determined by the Department to be willful which is
24within 3 years of an earlier violation, the Department may
25revoke the license of the violator, if the violator is an

 

 

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1employment agency.
2    (b) An employment agency that willfully violates any of the
3provisions of this Act or any rule adopted under this Act, or
4obstructs the Department, its inspectors or deputies, or any
5other person authorized to inspect places of employment under
6this Act shall be liable for penalties up to double the
7statutory amount.
8    (c) The Director of Labor may adopt rules in accordance
9with Section 12 of this Act for the conduct of hearings and
10collection of penalties assessed under this Section. Penalties
11assessed under this Section, when determined, may be recovered
12in a civil action brought by the Director of Labor in any
13circuit court. In any such action, the Director of Labor shall
14be represented by the Attorney General.
 
15    (225 ILCS 515/12.3 new)
16    Sec. 12.3. Violations of the Illinois Minimum Wage Law and
17the Wage Payment and Collection Act.
18    (a) It is a violation of this Act for an employment agency
19to refer an individual for employment at a wage rate less than
20that established by Section 4 of the Illinois Minimum Wage Law,
21or to facilitate underpayment of wages by an employer in any
22manner. An employment agency that knowingly refers an
23individual for employment at less than the minimum wage that
24results in underpayment to an employee is jointly liable for
25statutory damages as provided for in Section 12 the Illinois

 

 

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1Minimum Wage Law.
2    (b) It is a violation of this Act for an employment agency
3to facilitate illegal deductions from wages or nonpayment of
4wages by an employer in violation of the Wage Payment and
5Collection Act. An employment agency that facilitates illegal
6deduction of wages or nonpayment of wages is jointly liable for
7statutory damages as provided for in Section 14 of the Wage
8Payment and Collection Act.
 
9    (225 ILCS 515/12.4 new)
10    Sec. 12.4. Employer violations of Act; civil penalties;
11hearing procedure.
12    (a) It is a violation of this Act for an employer to accept
13a referral of an individual for employment from an employment
14agency not licensed under Section 1.5 of this Act. An employer
15has a duty to verify an employment agency's status with the
16Department before entering into a contract with such an agency,
17and on March 1 and September 1 of each year. An employment
18agency shall be required to provide each of its employers with
19proof of a valid license issued by the Department at the time
20of entering into a contract. An employment agency shall be
21required to notify, both by telephone and in writing, each
22employer with whom it contracts within 24 hours of any denial,
23suspension, or revocation of its license by the Department. All
24contracts between any employment agency and any employer shall
25be considered null and void from the date any such denial,

 

 

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1suspension, or revocation of registration becomes effective
2and until such time as the employment agency becomes registered
3and considered in good standing by the Department. The
4Department shall provide on the Internet a list of entities
5registered as employment agencies, as provided for in Section 1
6of this Act. An employer may rely on information provided by
7the Department or maintained on the Department's website
8pursuant to Section 1 of this Act and shall be held harmless if
9such information maintained or provided by the Department was
10inaccurate.
11    (b) Any employer that violates this Section is subject to a
12civil penalty not to exceed $500. Each day during which a
13employer contracts with an employment agency not registered
14under Section 1.5 of this Act shall constitute a separate and
15distinct offense.
16    (c) The Director of Labor may adopt rules for the conduct
17of hearings and collection of these penalties assessed under
18this Section in accordance with Section 12 of this Act. The
19amount of these penalties, when finally determined, may be
20recovered in a civil action brought by the Director of Labor in
21any circuit court. In any such action, the Director of Labor
22shall be represented by the Attorney General.
 
23    (225 ILCS 515/12.5 new)
24    Sec. 12.5. Employment agency retaliation against
25employees; civil penalties; right of private suit.

 

 

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1    (a) It is a violation of this Act for a private employment
2agency, or any agent of a private employment agency, to
3retaliate in any manner against any employee for exercising any
4rights granted under this Act or any rights granted by the wage
5laws of this State. Specifically, it is a violation of this Act
6for a private employment agency or employer to retaliate
7against an employee for:
8        (1) making a complaint to an employment agency, to an
9    employer, to a co-worker, to a community organization,
10    before a public hearing, or to a State or federal agency
11    that rights guaranteed under this Act or any wage law of
12    this State have been violated;
13        (2) causing to be instituted any proceeding under or
14    related to this Act or any wage law of this State; or
15        (3) testifying or preparing to testify in an
16    investigation or proceeding under this Act or any wage law
17    of this State.
18    (b) Such retaliation shall subject an employment agency to
19civil penalties pursuant to Section 12.1 of this Act. The
20Director may adopt rules for the conduct of hearings and
21collection of these penalties assessed under this Section in
22accordance with Section 12 of this Act.
23    (c) An individual who is retaliated against in violation of
24this Section may, alternately, bring a private suit to recover
25all legal or equitable relief as may be appropriate and
26attorney's fees and costs. Such a suit must be brought in the

 

 

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1circuit court of Illinois in the county where the alleged
2offense occurred or where the employment agency is located. The
3right of an aggrieved individual to bring an action under this
4Section terminates upon the passing of 3 years from the date of
5referral by the employment agency. This limitations period is
6tolled if the employment agency has deterred the employee's
7exercise of rights under this Act.
 
8    (225 ILCS 515/12.6 new)
9    Sec. 12.6. Wage Theft Enforcement Fund. All moneys received
10as fees and civil penalties under this Act shall be deposited
11into the Wage Theft Enforcement Fund established under the
12Illinois Wage Payment and Collection Act.