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91_HB2046
LRB9103078WHpr
1 AN ACT in relation to day labor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Day
5 Labor Benefits Act.
6 Section 5. Definitions. As used in this Act:
7 "Day labor" means temporary labor or employment that is
8 occasional or irregular and at which a person is employed for
9 not longer that the time period required to complete the
10 temporary assignment for which the person was hired and under
11 which wage payments are made directly or indirectly by the
12 day labor service or the third party employer for work
13 performed by day laborers under a contract between the day
14 labor service and the third party employer.
15 "Day labor service" means a person engaged in the
16 business of employing day laborers to provide services to or
17 for a third party employer.
18 "Person" means any individual or entity, including, but
19 not limited to, a partnership, a corporation, an association,
20 a limited liability company, or a trust.
21 "Third party employer" means a person that has entered
22 into a contract with a day labor service under which the day
23 labor service temporarily assigns one or more persons to
24 perform temporary labor or employment for the person that is
25 occasional or irregular and at which a person is employed for
26 not longer that the time period required to complete the
27 temporary assignment.
28 Section 10. Contracts. Any person assigned by a day labor
29 service to perform services for a third party employer for a
30 continuous period of more than 90 days shall, at all times
-2- LRB9103078WHpr
1 after the end of the initial 90-day period, receive from the
2 employer the same employee benefits, including but not
3 limited to sick time, insurance, vacations, and pensions,
4 that are provided by the employer to its regular employees.
5 Any provision of a contract entered into on or after the
6 effective date of this Act between a day labor service and a
7 third party employer for the provision of day labor that is
8 inconsistent with the requirements of this Act is void and
9 unenforceable.
10 Section 15. Penalties. Any person who violates this Act
11 commits a business offense and may be fined an amount not to
12 exceed $2,000 for each violation. Each day in which a person
13 violates this Act constitutes a separate violation.
14 Section 20. Exception. This Act does not apply to a
15 contract entered into before the effective date of this Act.