SB1859 EnrolledLRB099 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 Director shall adopt rules
7    to establish a schedule of fees for application for a
8    license. The application fee is nonrefundable.
9        (4) A schedule of fees, charges, and commissions, which
10    the employment agency intends to charge and collect for its
11    services, together with a copy of all forms and contracts
12    that the agency intends to be used in the operation of the
13    agency. Such schedule of fees, charges, and commissions may
14    thereafter be changed by filing with the Department an
15    amended or supplemental schedule showing such changes at
16    least 15 days before such change is to become effective.
17    Any change in forms or contracts must be filed with the
18    Department of Labor at least 15 days before such change is
19    going to become effective. Such schedule of fees to be
20    charged shall be posted in a conspicuous place in each room
21    of such an agency where applicants are interviewed, in not
22    less than 30 point bold-faced type. Agencies which deal
23    exclusively with employer paid fees shall not be required
24    to post said schedule of fees. The Department may by rule
25    require contracts to contain definitions of terms used in
26    such contracts to eliminate 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 the schedule filed with
4the Department. It shall be unlawful for any employment agency
5to collect or attempt to collect any compensation for any
6service not specified in the schedule of fees filed with the
7Department.
8    (b) Upon the filing of such application and supporting
9documentation, the Department shall cause an investigation to
10be made as to the character and the business integrity and
11financial responsibility of the applicant and those mentioned
12in the application, and as to the fitness of the premises to be
13used. The application shall be rejected if the Department finds
14that any of the persons named in the application fail to
15demonstrate good moral character, business integrity and
16financial responsibility, if the premises are unfit, or if
17there is any good and sufficient reason within the meaning and
18purpose of this Act for rejecting such application. Unless the
19application shall be rejected for one or more of the causes
20specified above, it shall be granted. A detailed report of such
21investigation and the action taken thereon shall be made in
22writing, signed by the investigator, and become a part of the
23official records of the Department. When, at the time of filing
24the application, the applicant or any person mentioned in the
25application is employed as an employment counsellor by a
26licensed employment agency in this State, the Department shall

 

 

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1notify the agency of this fact.
2    (c) Once issued, a license may be renewed annually by
3furnishing the Department the required application fee, a
4letter from a surety stating that a sufficient bond is in
5force, and other documents necessary to complete the renewal.
6Failure to renew a license at its expiration date shall cause
7the license to lapse and it may only be reinstated by a new
8application.
9    (d) No license shall be transferrable, but a licensee may,
10with the approval of the Department, make changes in the
11structure of the business entity operating the agency, but no
12licensee shall permit any person not mentioned in the original
13application for a license to become a partner if such agency is
14a partnership, or an officer of the corporation if such agency
15is a corporation, unless the written consent of the Department
16of Labor shall first be obtained. Such consent may be withheld
17for any reason for which an original application might have
18been rejected, if the person in question had been mentioned
19therein. No such change shall be permitted until the written
20consent of the surety or sureties on the bond required to be
21filed by Section 2 of this Act, to such change, is filed with
22the original bond. The Department shall be notified immediately
23of any change in the management of the agency so that at all
24times the identity of the person charged with the general
25management of the agency shall be known by the Department. A
26licensee may promote persons within its agency or change the

 

 

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1titles and duties of existing agency personnel, other than the
2general manager, without notice to the Department.
 
3    (225 ILCS 515/3)  (from Ch. 111, par. 903)
4    Sec. 3. Records. It shall be the duty of every such
5licensed person to keep a complete record in the English
6language of all orders for employees which are received from
7prospective employers. Upon request of the Department, a
8licensee shall verify the date when the order was received, the
9name of the person recording the job order, the name and
10address of the employer seeking the services of an employee,
11the name of the person placing the order, the kind of employee
12requested, the qualifications required in the employee, the
13salary or wages to be paid if known, and the possible duration
14of the job. Prior to the placement of any job advertisement, an
15employment agency must have a current, bona fide job order, and
16must maintain a copy of both the advertisement and the job
17order in a register established specially for that purpose. The
18term "current, bona fide job order" shall be defined as a job
19order obtained by the employment agency within 30 days prior to
20the placement of the advertisement. A job order must be renewed
21after 45 days and must be annotated with the name of the
22representative of the prospective employer who authorized the
23renewal and the date on which the renewal was authorized.
24    Such employment agency shall also keep a complete record in
25the English language of each applicant to whom employment is

 

 

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1offered or promised and who is sent out by the agency to secure
2a job or interview. This record, which shall be called the
3Applicant's Record, shall contain the date when the applicant
4was sent out for the job or interview, the name of the
5applicant, the name and address of the person or firm to whom
6sent, the type of job offered and the wages or salary proposed
7to be paid if known.
8    The agency shall also keep a record of all payments to it
9of any and all placement fees received and refunded. This
10record shall be called a Fee Transaction record. It shall
11contain the date of each transaction, the name of the person
12making the remittance, the amount paid, a designation
13indicating whether the amount paid is in full or on account,
14the receipt number and the date and the amount of any refund.
15    Notwithstanding the provisions of this Act concerning the
16records required to be kept by employment agencies, the
17Director of Labor may by regulation permit teachers' agencies,
18medical agencies, nurses' registries, theatrical agencies,
19contract labor agencies, baby sitter agencies and such other
20agencies of a like nature who serve the needs of a specialized
21class of workers, to keep such records concerning job orders,
22listing of placed applicants, listing of available applicants
23and payments of fees by either the employer or the employee as
24the Department by regulation may approve.
25    The aforesaid records shall be kept in the agency for 3
26years one year and shall be open during office hours to

 

 

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1inspection by the Department and its duly qualified agents, or
2produced in response to a subpoena issued by the Attorney
3General in accordance with Section 10-104 of the Illinois Human
4Rights Act. No such licensee, or his employee, shall knowingly
5make any false entry in such records. It is a violation of this
6Act to falsify or fail to keep any of the aforesaid records.
7(Source: P.A. 91-357, eff. 7-29-99.)
 
8    (225 ILCS 515/11)  (from Ch. 111, par. 914)
9    Sec. 11. Definitions. When used in this Act, unless the
10context indicates otherwise:
11    The term "employment agency" means any person engaged for
12gain or profit in the business of placing, referring, securing,
13or attempting to secure employment for persons seeking
14employment, or in finding employees for employers. However, the
15term "employment agency" shall not include any person engaged
16in the business of consulting or recruiting, and who in the
17course of such business is compensated solely by any employer
18to identify, appraise, or recommend an individual or
19individuals who are at least 18 years of age or who hold a high
20school diploma for consideration for a position, provided that
21in no instance is the individual who is identified, appraised,
22or recommended for consideration for such position charged a
23fee directly or indirectly in connection with such
24identification, appraisal, or recommendation, or for
25preparation of any resume, or on account of any other personal

 

 

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1service performed by the person engaged in the business of
2consulting or recruiting; but this exclusion is not applicable
3to theatrical employment agencies or domestic service
4employment agencies.
5    The term "employer" means any person employing or seeking
6to employ any person for hire.
7    The term "employee" means any person performing or seeking
8to perform work or services of any kind or character whatsoever
9for hire.
10    The term "person" means any person, firm, association,
11partnership, limited liability company, association, or
12corporation, or other legal entity or its legal
13representatives, agents, or assigns.
14    The term "employment counsellor" means employees of any
15employment agency who interview, counsel, or advise applicants
16or employers or both on employment or allied problems, or who
17make or arrange contracts or contacts between employers and
18employees. The term "employment counsellor" includes employees
19who solicit orders for employees from prospective employers.
20    The term "acceptance" means a mutual agreement, verbal or
21written, between employee and employer as to starting salary,
22position, time and place of employment.
23    The term "applicant" means any person who uses the services
24of an employment agency to secure employment for himself.
25    The term "department" means the Department of Labor.
26    The term "Director" means the Director of the Department of

 

 

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1Labor.
2    The term "fee" means money or a promise to pay money. The
3term "fee" also means and includes the excess of money received
4by any such licensee over what he has paid for transportation,
5transfer of baggage, or lodging, for any applicant for
6employment. The term "fee" also means and includes the
7difference between the amount of money received by any person,
8who furnishes employees or performers for any entertainment,
9exhibition or performance, and the amount paid by the person
10receiving the amount of money to the employees or performers
11whom he hires to give such entertainment, exhibition or
12performance.
13    The term "privilege" means and includes the furnishing of
14food, supplies, tools or shelter to contract laborers, commonly
15known as commissary privileges.
16    The term "theatrical employment agency" means and includes
17the business of conducting an agency, bureau, office or any
18other place for the purpose of procuring or offering, promising
19or attempting to provide engagements for persons who want
20employment in the following occupations: circus, vaudeville,
21theatrical and other entertainment, or exhibitions, or
22performances, or of giving information as to where such
23engagements may be procured or provided, whether such business
24is conducted in a building, on the street, or elsewhere.
25    The term "theatrical engagement" means and includes any
26engagement or employment of a person as an actor, performer, or

 

 

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

 

 

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1shall have the power and authority to conduct hearings in
2accordance with "The Illinois Administrative Procedure Act",
3as now or hereafter amended, subject to appropriation and upon
4complaint by an authorized officer of the Department of Labor
5or any interested person of a violation of the Act or the rules
6and regulations of the Department of Labor. The Director of
7Labor or his duly qualified assistants shall have the power to
8issue subpoenas requiring the attendance of witnesses and the
9production of books and papers pertinent to such hearing, and
10to administer oaths to such witnesses. If any witness refuses
11to obey a subpoena issued hereunder, the Director of Labor may
12petition the circuit court of the county in which the hearing
13is held for an order requiring the witness to attend and
14testify or produce documentary evidence. The circuit court
15shall hear the petition and if it appears that the witness
16should testify or should produce documentary evidence, it may
17enter an order requiring the witness to obey the subpoena. The
18court may compel obedience by attachment proceedings as for
19contempt of court. A calendar of all such hearings shall be
20kept by the Department of Labor, and shall be posted in a
21conspicuous place in its public office for at least one day
22before the date of such hearing. The result of such hearing
23shall be rendered within 30 days from the time the matter is
24finally submitted.
25    (c) After the hearing, if supported by the evidence, the
26The Director of Labor may:

 

 

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1        (1) issue and cause to be served on any party to a
2    formal hearing if supported by the evidence an order to
3    cease and desist from violation of the Act; ,
4        (2) take such further affirmative or other action as
5    deemed reasonable to eliminate the effect of the
6    violation; ,
7        (3) refuse to issue and may revoke or suspend any
8    license; and for any good cause shown within the meaning
9    and purpose of this Act.
10        (4) determine the amount of any civil penalty permitted
11    by this Act. When it is shown to the satisfaction of the
12    Director of Labor that any person is guilty of any immoral,
13    fraudulent or illegal conduct in connection with the
14    conduct of the business, it shall be the duty of the
15    Director of Labor to revoke or suspend the license of such
16    person, but notice of such charges shall be presented and
17    reasonable opportunity shall be given the licensee to
18    defend himself in the manner and form heretofore provided
19    in this Section of the Act.
20    Whenever the Director of Labor shall issue an order after
21hearing as provided in this Section, refuse to issue, or revoke
22the license of any such employment agency or employment
23counsellor, the determination shall be reviewable under and in
24accordance with the provisions of the Administrative Review
25Law.
26    (d) The Department shall certify the record of its

 

 

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1proceedings if the party commencing the proceedings shall pay
2to it the cost of preparing and certifying such records,
3including the recording and transcribing of all testimony
4introduced in the proceedings. If payment for such costs is not
5made by the party commencing the proceedings for review within
610 days after notice from the Department of the cost of
7preparing and certifying the record, the court in which the
8proceeding is pending, on motion of the Director, shall dismiss
9the complaint. Whenever, for any cause such license is revoked,
10the revocation shall not take effect until 7 days after such
11revocation is officially announced; and such revocation shall
12be considered good cause for refusing to issue another license
13to the person or his representative, or to any person with whom
14he is to be associated in the business of furnishing employment
15or employees.
16    (e) Whenever it appears that any employment agency has
17violated a valid order of the Director of Labor issued under
18this Act, the Director may commence an action and obtain from
19the court an order upon the employment agency commanding the
20employment agency to obey the order of the Director or be
21adjudged guilty of contempt of court and punished accordingly.
22Any person who violates any provisions of this Act, except as
23provided in Sections 1, 4 and 10, commits a business offense,
24and shall be fined up to $1000. The Department of Labor or its
25duly authorized agents may institute criminal proceedings for
26its enforcement in the circuit court.

 

 

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

 

 

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

 

 

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1deduction of wages or nonpayment of wages is jointly liable for
2statutory damages as provided for in Section 14 of the Wage
3Payment and Collection Act.
 
4    (225 ILCS 515/12.4 new)
5    Sec. 12.4. Employer violations of Act; civil penalties;
6hearing procedure.
7    (a) An employment agency shall be required to provide each
8of its employer clients with proof of a valid license issued by
9the Department at the time of entering into a contract. An
10employment agency shall be required to notify, both by
11telephone and in writing, each employer with whom it contracts
12within 24 hours of any denial, suspension, or revocation of its
13license by the Department. All contracts between any employment
14agency and any employer shall be considered null and void from
15the date any denial, suspension, or revocation of license
16becomes effective and until such time as the employment agency
17becomes licensed and considered in good standing by the
18Department.
19    (b) The Department shall provide on the Internet a list of
20entities licensed as employment agencies, as provided for in
21Section 1 of this Act. An employer may rely on information
22provided by the Department or maintained on the Department's
23website pursuant to Section 1 of this Act and shall be held
24harmless if the information maintained or provided by the
25Department was inaccurate. It is a violation of this Act for an

 

 

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1employer to accept a referral of an individual for employment
2from an employment agency not licensed under Section 1.5 of
3this Act.
4    If, upon investigation, the Department finds that a
5violation of this subsection (b) has occurred, for a first
6violation by an employer, the Department shall provide notice
7to any employer that it finds is doing business with an
8unlicensed employment agency. The notice shall identify the
9unlicensed entity, indicate that any contract between the
10unlicensed employment agency and the employer client is null
11and void, provide information regarding the Department's
12website that lists licensed employment agencies, and inform the
13employer of penalties for subsequent violations.
14    For a second violation by an employer, or if the first
15violation is not remedied within 10 days of notice by the
16Department, the Director may impose a civil penalty of up to
17$500 for each referral of an individual for employment accepted
18from an employment agency not licensed under Section 1.5.
19    For any violation by an employer after the second
20violation, the Director may impose a civil penalty of up to
21$1,500 for each referral of an individual for employment
22accepted from an employment agency not licensed under Section
231.5. If the first violation is not remedied within 30 days of
24notice by the Department, the Director may impose an additional
25civil penalty of up to $1,500 for every 30 days that passes
26thereafter.

 

 

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1    (c) The Director of Labor may adopt rules for the conduct
2of hearings and collection of these penalties assessed under
3this Section in accordance with Section 12 of this Act. The
4amount of these penalties, when finally determined, may be
5recovered in a civil action brought by the Director of Labor in
6any circuit court. In any such action, the Director of Labor
7shall be represented by the Attorney General.
 
8    (225 ILCS 515/12.5 new)
9    Sec. 12.5. Employment agency retaliation against
10employees; civil penalties; right of private suit.
11    (a) It is a violation of this Act for a private employment
12agency, or any agent of a private employment agency, to
13retaliate in any manner against any employee for exercising any
14rights granted under this Act or any rights granted by the wage
15laws of this State. Specifically, it is a violation of this Act
16for a private employment agency or employer to retaliate
17against an employee for:
18        (1) making a complaint to an employment agency, to an
19    employer, to a co-worker, to a community organization,
20    before a public hearing, or to a State or federal agency
21    that rights guaranteed under this Act or any wage law of
22    this State have been violated;
23        (2) causing to be instituted any proceeding under or
24    related to this Act or any wage law of this State; or
25        (3) testifying or preparing to testify in an

 

 

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1    investigation or proceeding under this Act or any wage law
2    of this State.
3    (b) Such retaliation shall subject an employment agency to
4civil penalties pursuant to Section 12.1 of this Act. The
5Director may adopt rules for the conduct of hearings and
6collection of these penalties assessed under this Section in
7accordance with Section 12 of this Act.
8    (c) An individual who is retaliated against in violation of
9this Section may, alternately, bring a private suit to recover
10all legal or equitable relief as may be appropriate and
11attorney's fees and costs. Such a suit must be brought in the
12circuit court of Illinois in the county where the alleged
13offense occurred or where the employment agency is located. The
14right of an aggrieved individual to bring an action under this
15Section terminates upon the passing of 3 years from the date of
16referral by the employment agency. This limitations period is
17tolled if the employment agency has deterred the employee's
18exercise of rights under this Act.
 
19    (225 ILCS 515/12.6 new)
20    Sec. 12.6. Child Labor and Day and Temporary Labor Services
21Enforcement Fund. All moneys received as fees and penalties
22under this Act shall be deposited into the Child Labor and Day
23and Temporary Labor Services Enforcement Fund and may be used
24for the purposes set forth in Section 17.3 of the Child Labor
25Law.
 

 

 

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1    Section 10. The Child Labor Law is amended by changing
2Section 17.3 as follows:
 
3    (820 ILCS 205/17.3)  (from Ch. 48, par. 31.17-3)
4    Sec. 17.3. Any employer who violates any of the provisions
5of this Act or any rule or regulation issued under the Act
6shall be subject to a civil penalty of not to exceed $5,000 for
7each such violation. In determining the amount of such penalty,
8the appropriateness of such penalty to the size of the business
9of the employer charged and the gravity of the violation shall
10be considered. The amount of such penalty, when finally
11determined, may be
12        (1) recovered in a civil action brought by the Director
13    of Labor in any circuit court, in which litigation the
14    Director of Labor shall be represented by the Attorney
15    General;
16        (2) ordered by the court, in an action brought for
17    violation under Section 19, to be paid to the Director of
18    Labor.
19    Any administrative determination by the Department of
20Labor of the amount of each penalty shall be final unless
21reviewed as provided in Section 17.1 of this Act.
22    Civil penalties recovered under this Section shall be paid
23into the Child Labor and Day and Temporary Labor Services
24Enforcement Fund, a special fund which is hereby created in the

 

 

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1State treasury. Moneys in the Fund may be used, subject to
2appropriation, for exemplary programs, demonstration projects,
3and other activities or purposes related to the enforcement of
4this Act or for the activities or purposes related to the
5enforcement of the Day and Temporary Labor Services Act, or for
6the activities or purposes related to the enforcement of the
7Private Employment Agency Act.
8(Source: P.A. 98-463, eff. 8-16-13.)