Illinois General Assembly - Bill Status for SB1859

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.

In provisions concerning employer violations of the Private Employment Agency Act, reorganizes the provisions and provides that, for a first violation by an employer, the Department of Labor shall provide notice of the violation. Provides that, for a second violation by an employer, or if the first violation is not remedied within 10 days of notice of the first violation, the Director of Labor may impose a civil penalty of up to $500 for each referral of an individual for employment accepted from an employment agency not licensed under the Act. Provides that, for violations after the second violation, the Director may impose a civil penalty of up to $1,500 for each referral of an individual for employment accepted from an employment agency not licensed under the Act. Provides that, if the first violation is not remedied within 30 days of notice by the Department, the Director may impose an additional civil penalty of up to $1,500 for every 30 days that passes thereafter. Deposits all moneys received as fees and penalties under the Act into the Child Labor and Day and Temporary Labor Services Enforcement Fund (rather than the Wage Theft Enforcement Fund). Makes conforming changes to the Child Labor Law. Makes other changes.

In provisions concerning applications for a license, provides that the Director of Labor shall adopt rules to establish a schedule of fees (rather than establishing fees in the provisions). In provisions concerning enforcement of the Private Employment Agency Act, provides that the Director of Labor shall have the power and authority to conduct hearings subject to appropriation. Removes requirements that the result of a hearing shall be rendered within 30 days from the time the matter is finally submitted.

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