State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0579

SB79 Enrolled                                  LRB9101764WHdv

    AN ACT in relation to day labor services.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.   Short  Title.  This Act may be cited as the
Day Labor Services Act.

    Section 5. Definitions.  As used in this Act:
    "Day laborer" means a natural person  who  contracts  for
employment with a day labor service agency.
    "Day  labor" means labor or employment that is occasional
or irregular at which a person is  employed  for  not  longer
than  the time period required to complete the assignment for
which the person was hired and where wage payments  are  made
directly or indirectly by the day labor service agency or the
third  party  employer  for  work  undertaken by day laborers
pursuant to a contract between the day labor  service  agency
with  the  third party employer. "Day labor" does not include
labor or employment of a professional or clerical nature.
    "Day labor service agency" means  any  person  or  entity
engaged  in the business of employing day laborers to provide
services to or for any third party  employer  pursuant  to  a
contract  with  the  day  labor  service  and the third party
employer.
    "Department" means the Department of Labor.
    "Third party employer" means any  person  that  contracts
with  a  day  labor  service agency for the employment of day
laborers.

    Section 10. Statement.
    (a) Whenever a day labor service agency  agrees  to  send
one  or  more  persons to work as day laborers, the day labor
service  agency shall, upon request by a day laborer, provide
to the day  laborer  a  statement  containing  the  following
items:  "Name and nature of the work to be performed", "wages
offered", "destination of the  person  employed",  "terms  of
transportation",   and   whether  a  meal  and  equipment  is
provided, either  by the day labor service or the third party
employer, and the cost of the meal and equipment, if any.
    (b) No day labor service agency may send any day  laborer
to  any  place  where  a  strike,  a  lockout, or other labor
trouble exists without first notifying the day laborer of the
conditions.
    (c) The Department shall recommend to day  labor  service
agencies   that  those  agencies  employ  personnel  who  can
effectively  communicate  information required in subsections
(a) and (b) to day laborers in Spanish, Polish, or any  other
language  that  is  generally  used  in the locale of the day
labor agency.

    Section 15.  Meals.  A day  labor  service  agency  or  a
third party employer shall not charge a day laborer more than
the  actual cost of a meal.  In no case shall the purchase of
a meal be a condition of employment for a day laborer.

    Section 20.  Transportation.  A day labor service  agency
or  a  third  party  employer  shall  charge no more than the
actual cost to  transport  a  day  laborer  to  or  from  the
designated  work  site;  however,  the total cost to each day
laborer shall not exceed 3% of the day laborer's daily wages.
Any motor vehicle that is owned or operated by the day  labor
service  agency or a third party employer, or a contractor of
either, which is used for the transportation of day  laborers
shall  have proof of financial responsibility as provided for
in Chapter 8 of the Illinois Vehicle Code.

    Section 25.   Day  laborer  equipment.   For  any  safety
equipment, clothing, accessories, or any other items required
by  the  nature  of  the work, either by law, custom, or as a
requirement of  the  third  party  employer,  the  day  labor
service agency or the third party employer may charge the day
laborer  the market value of the item temporarily provided to
the day laborer by  the  third  party  employer  if  the  day
laborer  fails  to  return  such  items  to  the  third party
employer or the day labor  service  agency.   For  any  other
equipment,  clothing, accessories, or any other items the day
labor service agency makes available for  purchase,  the  day
laborer  shall  not  be  charged  more than the actual market
value for the item.

    Section 30.  Wage Payment.
    (a)  At the time of the payment of  wages,  a  day  labor
service  agency  shall  provide  each  day  laborer  with  an
itemized statement showing in detail each deduction made from
the wages.
    (b)  A day 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  labor  service agency shall, at the time of each
wage payment, give notice to day 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 laborer, a day labor service
agency shall hold the daily wages of the day laborer and make
either  weekly  or semi-monthly payments.  The wages shall be
paid in a single check representing the wages  earned  during
the  period, either weekly or semi-monthly, designated by the
day laborer in accordance with the Illinois Wage Payment  and
Collection  Act.   Day labor service agencies that make daily
wage payments shall provide written notification to  all  day
laborers  of  the  right  to  request  weekly or semi-monthly
checks.  The day labor service agency may provide this notice
by conspicuously posting the notice at the location where the
wages are received by the day laborers.
    (d)  No day labor service agency  shall  charge  any  day
laborer  for  cashing  a check issued by the agency for wages
earned by a day  laborer  who  performed  work  through  that
agency.
    (e)   Day  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
employer in addition  to  the  work  listed  in  the  written
description.

    Section  35.  Public Access Area.  Each day labor service
agency shall provide adequate seating in  the  public  access
area  of  the  offices of the agency.  The public access area
shall be the location for the  employment  and  wage  notices
required  by  Section 10 of this Act.  The public access area
shall allow for access to restrooms and water.

    Section 40.  Work  Restriction.   No  day  labor  service
agency  shall restrict the right of a day laborer to accept a
permanent position with a third party employer  to  whom  the
day  laborer has been referred for work or restrict the right
of such third party employer to offer such  employment  to  a
day  laborer.   Nothing  in this Section shall restrict a day
labor service agency from receiving a placement fee from  the
third  party  employer for employing a day laborer for whom a
contract for work was  effected  by  the  day  labor  service
agency.

    Section  45.   Registration;  Department of Labor.  A day
labor service agency shall register with  the  Department  of
Labor  in accordance with rules adopted by the Department for
day labor service agencies that  operate  within  the  State.
The  Department may assess each agency a registration fee not
exceeding $250.  The Department shall also  adopt  rules  for
violation  hearings  and penalties for violations of this Act
or the Department's rules.  The Department shall cause to  be
posted  in each agency a notice which informs the public of a
toll-free telephone number for day laborers and the public to
file wage dispute complaints and other alleged violations  by
day labor service agencies.

    Section  50.   Violations.  The Department shall have the
authority to suspend or revoke  the  registration  of  a  day
labor service agency if warranted by public health and safety
concerns or violations of this Act.

    Section  99.   Effective  Date.  This Act takes effect on
January 1, 2000.

[ Top ]