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91_HB4085
LRB9112808WHcs
1 AN ACT in relation to payment for 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 Pay Equity Act.
6 Section 5. Definitions. As used in this Act:
7 "Day laborer" means a natural person who contracts for
8 employment with a day labor service agency.
9 "Day labor" means labor or employment that is occasional
10 or irregular at which a person is employed for not longer
11 than the time period required to complete the assignment for
12 which the person was hired and where wage payments are made
13 directly or indirectly by the day labor service agency or the
14 third party employer for work undertaken by day laborers
15 pursuant to a contract between the day labor service agency
16 with the third party employer. "Day labor" does not include
17 labor or employment of a professional or clerical nature.
18 "Day labor service agency" means any person or entity
19 engaged in the business of employing day laborers to provide
20 services to or for any third party employer pursuant to a
21 contract with the day labor service and the third party
22 employer.
23 "Department" means the Department of Labor.
24 "Third party employer" means any person or entity that
25 contracts with a day labor service agency for the employment
26 of day laborers.
27 Section 10. Rate of pay. A person assigned by a day
28 labor service agency to perform services for a third party
29 employer shall be paid wages at a rate that is equal to the
30 rate paid to permanent employees of the third party employer
-2- LRB9112808WHcs
1 who are performing substantially equivalent work, with due
2 consideration given to seniority, experience, skills, and
3 qualifications.
4 Section 15. Processing time. If a day labor service
5 agency expends more than 30 minutes in processing a day
6 laborer's work assignment, the day labor service agency shall
7 pay the day laborer for any additional waiting time at a rate
8 that is not less than the minimum hourly wage then in effect
9 under the Minimum Wage Law or applicable federal law,
10 whichever is higher. Time spent in transportation to or from
11 the designated work site or to or from the the day labor
12 service agency shall not be included in computing processing
13 time.
14 Section 20. Department of Labor; enforcement.
15 (a) The Department of Labor shall enforce and administer
16 this Act and shall adopt rules for its enforcement and
17 administration. The rules shall include appropriate
18 penalties for violations of this Act or the Department's
19 rules. The Department may, in addition to any other
20 penalties, suspend or revoke the registration of a day labor
21 service agency for a violation of this Act. The Department
22 shall promptly investigate complaints concerning alleged
23 violations of this Act. The Department shall cause to be
24 posted in each agency a notice which informs the public of a
25 toll-free telephone number for day laborers to file
26 complaints concerning alleged violations of this Act.
27 (b) Wages required to be paid under this Act constitute
28 wages for purposes of the Illinois Wage Payment and
29 Collection Act and the provisions of the Illinois Wage
30 Payment and Collection Act may be used for the enforcement of
31 any obligation created by this Act to pay those wages.