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Public Act 100-0517


 

Public Act 0517 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0517
 
HB0690 EnrolledLRB100 00003 KTG 10003 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by wireless
    carriers under the Wireless Emergency Telephone Safety
    Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability Act of 1996, Public Law 104-191, or any
    subsequent amendments thereto, and any regulations
    promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under Brian's Law.
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) (dd) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information and reports that are required to be
    submitted to the Department of Labor by registering day and
    temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
8-19-16; revised 9-1-16.)
 
    Section 5. The Day and Temporary Labor Services Act is
amended by changing Sections 10, 20, 30, and 45 and by adding
Section 33 as follows:
 
    (820 ILCS 175/10)
    Sec. 10. Employment Notice.
    (a) Whenever a day and temporary labor service agency
agrees to send one or more persons to work as day or temporary
laborers, the day and temporary labor service agency shall
provide to each day or temporary laborer, at the time of
dispatch, a statement containing the following items on a form
approved by the Department:
        (1) the name of the day or temporary laborer;
        (2) the name and nature of the work to be performed and
    the types of equipment, protective clothing, and training
    that are required for the task;
        (3) the wages offered;
        (4) the name and address of the destination of each day
    or temporary laborer;
        (5) terms of transportation; and
        (6) whether a meal or equipment, or both, are provided,
    either by the day and temporary labor service agency or the
    third party client, and the cost of the meal and equipment,
    if any.
    If a day or temporary laborer is assigned to the same
assignment for more than one day, the day and temporary labor
service agency is required to provide the employment notice
only on the first day of the assignment and on any day that any
of the terms listed on the employment notice are changed.
    If the day or temporary laborer is not placed with a third
party client or otherwise contracted to work for that day, the
day and temporary labor service agency shall, upon request,
provide the day and temporary laborer with a confirmation that
the day or temporary laborer sought work, signed by an employee
of the day and temporary labor service agency, which shall
include the name of the agency, the name and address of the day
or temporary laborer, and the date and the time that the day or
temporary laborer receives the confirmation.
    (b) No day and temporary labor service agency may send any
day or temporary laborer to any place where a strike, a
lockout, or other labor trouble exists.
    (c) The Department shall recommend to day and temporary
labor service agencies that those agencies employ personnel who
can effectively communicate information required in
subsections (a) and (b) to day or temporary laborers in
Spanish, Polish, or any other language that is generally
understood in the locale of the day and temporary labor service
agency.
(Source: P.A. 99-78, eff. 7-20-15.)
 
    (820 ILCS 175/20)
    Sec. 20. Transportation.
    (a) A day and temporary labor service agency or a third
party client or a contractor or agent of either shall charge no
fee to transport a day or temporary laborer to or from the
designated work site.
    (b) A day and temporary labor service agency is responsible
for the conduct and performance of any person who transports a
day or temporary laborer from the agency to a work site, unless
the transporter is: (1) a public mass transportation system as
defined in Section 2 of the Local Mass Transit District Act;
(2) a common carrier; (3) the day or temporary laborer
providing his or her own transportation; or (4) selected
exclusively by and at the sole choice of the day or temporary
laborer for transportation in a vehicle not owned or operated
by the day and temporary labor service agency. If any day and
temporary labor service agency provides transportation to a day
or temporary laborer or refers a day or temporary laborer as
provided in subsection (c), the day and temporary labor service
agency may not allow a motor vehicle to be used for the
transporting of day or temporary laborers if the agency knows
or should know that the motor vehicle used for the
transportation of day or temporary laborers is unsafe or not
equipped as required by this Act or by any rule adopted under
this Act, unless the vehicle is: (1) the property of a public
mass transportation system as defined in Section 2 of the Local
Mass Transit District Act; (2) the property of a common
carrier; (3) the day or temporary laborer's personal vehicle;
or (4) a vehicle of a day or temporary laborer used to carpool
other day or temporary laborers and which is selected
exclusively by and at the sole choice of the day or temporary
laborer for transportation.
    (c) A day and temporary labor service agency may not refer
a day or temporary laborer to any person for transportation to
a work site unless that person is (1) a public mass
transportation system as defined in Section 2 of the Local Mass
Transit District Act or (2) providing the transportation at no
fee. Directing the day or temporary laborer to accept a
specific car pool as a condition of work shall be considered a
referral by the day and temporary labor service agency. Any
mention or discussion of the cost of a car pool shall be
considered a referral by the agency. Informing a day or
temporary laborer of the availability of a car pool driven by
another day or temporary laborer shall not be considered a
referral by the agency.
    (d) Any motor vehicle that is owned or operated by the day
and temporary labor service agency or a third party client, or
a contractor or agent of either, or to which a day and
temporary labor service agency refers a day or temporary
laborer, which is used for the transportation of day or
temporary laborers shall have proof of financial
responsibility as provided for in Chapter 8 of the Illinois
Vehicle Code or as required by Department rules. The driver of
the vehicle shall hold a valid license to operate motor
vehicles in the correct classification and shall be required to
produce the license immediately upon demand by the Department,
its inspectors or deputies, or any other person authorized to
enforce this Act. The Department shall forward a violation of
this subsection to the appropriate law enforcement authorities
or regulatory agencies, whichever is applicable.
    (e) No motor vehicle that is owned or operated by the day
and temporary labor service agency or a third party client, or
a contractor or agent of either, or to which a day and
temporary labor service agency refers a day or temporary
laborer, which is used for the transportation of day or
temporary laborers may be operated if it does not have a seat
and a safety belt for each passenger. The Department shall
forward a violation of this subsection to the appropriate law
enforcement authorities or regulatory agencies, whichever is
applicable.
    (f) If the day or temporary laborer is provided
transportation from the point of application to the worksite by
the hiring labor service agency operating pursuant to this Act,
the day or temporary laborer shall also be provided
transportation back to the point of application, unless the day
or temporary laborer advises or agrees prior to leaving for the
place of employment to obtain alternative transportation after
the work shift is completed.
(Source: P.A. 94-511, eff. 1-1-06.)
 
    (820 ILCS 175/30)
    Sec. 30. Wage Payment and Notice.
    (a) At the time of payment of wages, a day and temporary
labor service agency shall provide each day or temporary
laborer with a detailed itemized statement, on the day or
temporary laborer's paycheck stub or on a form approved by the
Department, listing the following:
        (1) the name, address, and telephone number of each
    third party client at which the day or temporary laborer
    worked. If this information is provided on the day or
    temporary laborer's paycheck stub, a code for each third
    party client may be used so long as the required
    information for each coded third party client is made
    available to the day or temporary laborer;
        (2) the number of hours worked by the day or temporary
    laborer at each third party client each day during the pay
    period. If the day or temporary laborer is assigned to work
    at the same work site of the same third party client for
    multiple days in the same work week, the day and temporary
    labor service agency may record a summary of hours worked
    at that third party client's worksite so long as the first
    and last day of that work week are identified as well. The
    term "hours worked" has the meaning ascribed to that term
    in 56 Ill. Adm. Code 210.110 and in accordance with all
    applicable rules or court interpretations under 56 Ill.
    Adm. Code 210.110;
        (3) the rate of payment for each hour worked, including
    any premium rate or bonus;
        (4) the total pay period earnings;
        (5) all deductions made from the day or temporary
    laborer's compensation made either by the third party
    client or by the day and temporary labor service agency,
    and the purpose for which deductions were made, including
    for the day or temporary laborer's transportation, food,
    equipment, withheld income tax, withheld social security
    payments, and every other deduction; and
        (6) any additional information required by rules
    issued by the Department.
    (a-1) For each day or temporary laborer who is contracted
to work a single day, the third party client shall, at the end
of the work day, provide such day or temporary laborer with a
Work Verification Form, approved by the Department, which shall
contain the date, the day or temporary laborer's name, the work
location, and the hours worked on that day. Any third party
client who violates this subsection (a-1) may be subject to a
civil penalty not to exceed $500 for each violation found by
the Department. Such civil penalty may increase to $2,500 for a
second or subsequent violation. For purposes of this subsection
(a-1), each violation of this subsection (a-1) for each day or
temporary laborer and for each day the violation continues
shall constitute a separate and distinct violation.
    (b) A day and temporary labor service agency shall provide
each worker an annual earnings summary within a reasonable time
after the preceding calendar year, but in no case later than
February 1. A day and temporary labor service agency shall, at
the time of each wage payment, give notice to day or temporary
laborers of the availability of the annual earnings summary or
post such a notice in a conspicuous place in the public
reception area.
    (c) At the request of a day or temporary laborer, a day and
temporary labor service agency shall hold the daily wages of
the day or temporary laborer and make either weekly, bi-weekly,
or semi-monthly payments. The wages shall be paid in a single
check, or, at the day or temporary laborer's sole option, by
direct deposit or other manner approved by the Department,
representing the wages earned during the period, either weekly,
bi-weekly, or semi-monthly, designated by the day or temporary
laborer in accordance with the Illinois Wage Payment and
Collection Act. Vouchers or any other method of payment which
is not generally negotiable shall be prohibited as a method of
payment of wages. Day and temporary labor service agencies that
make daily wage payments shall provide written notification to
all day or temporary laborers of the right to request weekly,
bi-weekly, or semi-monthly checks. The day and temporary labor
service agency may provide this notice by conspicuously posting
the notice at the location where the wages are received by the
day or temporary laborers.
    (d) No day and temporary labor service agency shall charge
any day or temporary laborer for cashing a check issued by the
agency for wages earned by a day or temporary laborer who
performed work through that agency. No day and temporary labor
service agency or third party client shall charge any day or
temporary laborer for the expense of conducting any consumer
report, as that term is defined in the Fair Credit Reporting
Act, 15 U.S.C. 1681a(d), any criminal background check of any
kind, or any drug test of any kind.
    (e) Day or temporary laborers shall be paid no less than
the wage rate stated in the notice as provided in Section 10 of
this Act for all the work performed on behalf of the third
party client in addition to the work listed in the written
description.
    (f) The total amount deducted for meals, equipment, and
transportation may not cause a day or temporary laborer's
hourly wage to fall below the State or federal minimum wage.
However, a day and temporary labor service agency may deduct
the actual market value of reusable equipment provided to the
day or temporary laborer by the day and temporary labor service
agency which the day or temporary laborer fails to return, if
the day or temporary laborer provides a written authorization
for such deduction at the time the deduction is made.
    (g) A day or temporary laborer who is contracted by a day
and temporary labor service agency to work at a third party
client's worksite but is not utilized by the third party client
shall be paid by the day and temporary labor service agency for
a minimum of 4 hours of pay at the agreed upon rate of pay.
However, in the event the day and temporary labor service
agency contracts the day or temporary laborer to work at
another location during the same shift, the day or temporary
laborer shall be paid by the day and temporary labor service
agency for a minimum of 2 hours of pay at the agreed upon rate
of pay.
    (h) A third party client is required to pay wages and
related payroll taxes to a licensed day and temporary labor
service agency for services performed by the day or temporary
laborer for the third party client according to payment terms
outlined on invoices, service agreements, or stated terms
provided by the day and temporary labor service agency. A third
party client who fails to comply with this subsection (h) is
subject to the penalties provided in Section 70 of this Act.
The Department shall review a complaint filed by a licensed day
and temporary labor agency. The Department shall review the
payroll and accounting records of the day and temporary labor
service agency and the third party client for the period in
which the violation of this Act is alleged to have occurred to
determine if wages and payroll taxes have been paid to the
agency and that the day or temporary laborer has been paid the
wages owed him or her.
(Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
 
    (820 ILCS 175/33 new)
    Sec. 33. Permanent placement. A day and temporary labor
service shall attempt to place a current temporary laborer into
a permanent position with a client when the client informs the
agency of its plan to hire a permanent employee for a position
like the positions for which employees are being provided by
the agency at the same work location.
 
    (820 ILCS 175/45)
    Sec. 45. Registration; Department of Labor.
    (a) A day and temporary labor service agency which is
located, operates or transacts business within this State shall
register with the Department of Labor in accordance with rules
adopted by the Department for day and temporary labor service
agencies and shall be subject to this Act and any rules adopted
under this Act. Each day and temporary labor service agency
shall provide proof of an employer account number issued by the
Department of Employment Security for the payment of
unemployment insurance contributions as required under the
Unemployment Insurance Act, and proof of valid workers'
compensation insurance in effect at the time of registration
covering all of its employees. If, at any time, a day and
temporary labor service agency's workers' compensation
insurance coverage lapses, the agency shall have an affirmative
duty to report the lapse of such coverage to the Department and
the agency's registration shall be suspended until the agency's
workers' compensation insurance is reinstated. The Department
may assess each day and temporary labor service agency a
non-refundable registration fee not exceeding $1,000 per year
per agency and a non-refundable fee not to exceed $250 for each
branch office or other location where the agency regularly
contracts with day or temporary laborers for services. The fee
may be paid by check , or money order , or the State
Treasurer's E-Pay program or any successor program, and the
Department may not refuse to accept a check on the basis that
it is not a certified check or a cashier's check. The
Department may charge an additional fee to be paid by a day and
temporary labor service agency if the agency, or any person on
the agency's behalf, issues or delivers a check to the
Department that is not honored by the financial institution
upon which it is drawn. The Department shall also adopt rules
for violation hearings and penalties for violations of this Act
or the Department's rules in conjunction with the penalties set
forth in this Act.
    (a-1) At the time of registration with the Department of
Labor each year, the day and temporary labor service agency
shall submit to the Department of Labor a report containing the
information identified in paragraph (9) of subsection (a) of
Section 12, broken down by branch office, in the aggregate for
all day or temporary laborers assigned within Illinois and
subject to this Act during the preceding year. This information
shall be submitted on a form created by the Department of
Labor. The Department of Labor shall aggregate the information
submitted by all registering day and temporary labor service
agencies by removing identifying data and shall have the
information available to the public only on a municipal and
county basis. As used in this paragraph, "identifying data"
means any and all information that: (i) provides specific
information on individual worker identity; (ii) identifies the
service agency in any manner; and (iii) identifies clients
utilizing the day and temporary labor service agency or any
other information that can be traced back to any specific
registering day and temporary labor service agency or its
client. The information and reports submitted to the Department
of Labor under this subsection by the registering day and
temporary labor service agencies are exempt from inspection and
copying under Section 7.5 of the Freedom of Information Act.
    (b) It is a violation of this Act to operate a day and
temporary labor service agency without first registering with
the Department in accordance with subsection (a) of this
Section. The Department shall create and maintain at regular
intervals on its website, accessible to the public: (1) a list
of all registered day and temporary labor service agencies in
the State whose registration is in good standing; (2) a list of
day and temporary labor service agencies in the State whose
registration has been suspended, including the reason for the
suspension, the date the suspension was initiated, and the
date, if known, the suspension is to be lifted; and (3) a list
of day and temporary labor service agencies in the State whose
registration has been revoked, including the reason for the
revocation and the date the registration was revoked. The
Department has the authority to assess a penalty against any
day and temporary labor service agency that fails to register
with the Department of Labor in accordance with this Act or any
rules adopted under this Act of $500 for each violation. Each
day during which a day and temporary labor service agency
operates without registering with the Department shall be a
separate and distinct violation of this Act.
    (c) An applicant is not eligible to register to operate a
day and temporary labor service agency under this Act if the
applicant or any of its officers, directors, partners, or
managers or any owner of 25% or greater beneficial interest:
        (1) has been involved, as owner, officer, director,
    partner, or manager, of any day and temporary labor service
    agency whose registration has been revoked or has been
    suspended without being reinstated within the 5 years
    immediately preceding the filing of the application; or
        (2) is under the age of 18.
    (d) Every agency shall post and keep posted at each
location, in a position easily accessible to all employees,
notices as supplied and required by the Department containing a
copy or summary of the provisions of the Act and a notice which
informs the public of a toll-free telephone number for day or
temporary laborers and the public to file wage dispute
complaints and other alleged violations by day and temporary
labor service agencies. Such notices shall be in English or any
other language generally understood in the locale of the day
and temporary labor service agency.
(Source: P.A. 94-511, eff. 1-1-06.)

Effective Date: 6/1/2018