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92nd General Assembly

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Public Act 92-0783

SB1975 Enrolled                               LRB9212627WHtmA

    AN ACT concerning labor.

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

    Section 5.  The State Finance Act is amended by  changing
Section 5.306 as follows:

    (30 ILCS 105/5.306) (from Ch. 127, par. 141.306)
    Sec.  5.306.  The Child Labor and Day and Temporary Labor
Services Enforcement Fund.
(Source: P.A. 87-139; 87-895.)

    Section  7.   The  Prevailing  Wage  Act  is  amended  by
changing Sections 4 and 5 as follows:

    (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
    Sec. 4. The public body awarding any contract for  public
work   or  otherwise  undertaking  any  public  works,  shall
ascertain the general prevailing rate of hourly wages in  the
locality in which the work is to be performed, for each craft
or type of worker or mechanic needed to execute the contract,
and where the public body performs the work without letting a
contract  therefor,  shall  ascertain  the prevailing rate of
wages on a per hour basis in the locality,  and  such  public
body  shall specify in the resolution or ordinance and in the
call for bids for the contract, that the  general  prevailing
rate  of  wages  in  the  locality  for each craft or type of
worker or mechanic needed to execute the contract or  perform
such work, also the general prevailing rate for legal holiday
and  overtime  work,  as ascertained by the public body or by
the Department of Labor shall be paid for each craft or  type
of  worker  needed to execute the contract or to perform such
work, and it shall be mandatory upon the contractor  to  whom
the contract is awarded and upon any subcontractor under him,
and  where the public body performs the work, upon the public
body, to pay  not  less  than  the  specified  rates  to  all
laborers,  workers  and  mechanics  employed  by  them in the
execution of the contract or such  work;  provided,  however,
that  if the public body desires that the Department of Labor
ascertain the prevailing rate of wages, it shall  notify  the
Department  of Labor to ascertain the general prevailing rate
of  hourly  wages  for  work  under  contract,  or  for  work
performed by a public body  without  letting  a  contract  as
required  in  the  locality  in  which  the  work  is  to  be
performed,  for  each  craft  or  type  of worker or mechanic
needed to execute the contract  or  project  or  work  to  be
performed.  Upon  such  notification  the Department of Labor
shall ascertain such general prevailing rate  of  wages,  and
certify  the  prevailing wage to such public body. The public
body awarding the contract shall cause to be inserted in  the
contract  a  stipulation to the effect that not less than the
prevailing rate of wages as  found  by  the  public  body  or
Department  of  Labor  or  determined  by the court on review
shall  be  paid  to  all  laborers,  workers  and   mechanics
performing  work under the contract. It shall also require in
all such contractor's bonds that the contractor include  such
provision  as will guarantee the faithful performance of such
prevailing wage clause as  provided  by  contract.   All  bid
specifications   shall   list  the  specified  rates  to  all
laborers, workers and mechanics  in  the  locality  for  each
craft  or  type  of  worker or mechanic needed to execute the
contract.  If the Department of Labor revises the  prevailing
rate  of  hourly  wages  to  be  paid by the public body, the
revised rate shall apply to such  contract,  and  the  public
body  shall  be responsible to notify the contractor and each
subcontractor, of the revised rate. Two or more investigatory
hearings under this Section on the issue  of  establishing  a
new  prevailing wage classification for a particular craft or
type of worker shall be  consolidated  in  a  single  hearing
before   the  Department.   Such  consolidation  shall  occur
whether each separate investigatory hearing is conducted by a
public  body  or  the  Department.  The  party  requesting  a
consolidated investigatory hearing shall have the  burden  of
establishing  that  there  is  no  existing  prevailing  wage
classification  for the particular craft or type of worker in
any of the localities under consideration.
(Source: P.A. 86-799.)

    (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
    Sec. 5. The contractor  and  each  subcontractor  or  the
officer  of  the  public  body in charge of the project shall
keep or cause to be kept,  an  accurate  record  showing  the
names  and  occupation of all laborers, workers and mechanics
employed by them, in connection with said  public  work,  and
showing  also  the  actual  hourly wages paid to each of such
persons, which record shall be open at all  reasonable  hours
to  the  inspection of the public body awarding the contract,
its officers and agents, and to the Director of Labor and his
deputies and agents. Any  contractor  or  subcontractor  that
maintains  its  principal  place  of business outside of this
State shall make the required records or accurate  copies  of
those  records  available within this State at all reasonable
hours for inspection.
(Source: P.A. 81-992.)

    Section 10.  The Day Labor Services  Act  is  amended  by
changing  the title of the Act and Sections 1, 5, 10, 15, 20,
25, 30, 35, 40, 45, and 50 and by adding Sections 55, 60, 65,
70, 75, and 80 as follows:

    (820 ILCS 175/Act title)
    AN ACT in relation to day and temporary labor services.

    (820 ILCS 175/1)
    Sec. 1.  Short Title.  This Act may be cited as  the  Day
and Temporary Labor Services Act.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/5)
    Sec. 5. Definitions.  As used in this Act:
    "Day  or  temporary  laborer"  means a natural person who
contracts for employment  with  a  day  and  temporary  labor
service agency.
    "Day  and temporary 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 and
temporary labor service agency or the  third  party  employer
for  work undertaken by day or temporary laborers pursuant to
a contract between the day and temporary labor service agency
with the third party employer. "Day and temporary labor" does
not include labor or employment of a professional or clerical
nature.
    "Day and temporary labor service agency" means any person
or entity  engaged  in  the  business  of  employing  day  or
temporary  laborers  to  provide services to or for any third
party employer pursuant  to  a  contract  with  the  day  and
temporary labor service and the third party employer.
    "Department" means the Department of Labor.
    "Third  party  employer"  means any person that contracts
with a  day  and  temporary  labor  service  agency  for  the
employment of day or temporary laborers.
(Source: P.A. 91-579, eff. 1-1-00.)
    (820 ILCS 175/10)
    Sec. 10. Statement.
    (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, upon request by a  day  or  temporary  laborer,
provide   to   the  day  or  temporary  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 and temporary labor
service or the third party employer, and the cost of the meal
and equipment, if any.
    (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   without   first
notifying the day or temporary laborer of the conditions.
    (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 used
in the locale of the day and temporary labor agency.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/15)
    Sec. 15.  Meals.   A  day  and  temporary  labor  service
agency  or  a  third party employer shall not charge a day or
temporary 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 or temporary laborer.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/20)
    Sec. 20.  Transportation.   A  day  and  temporary  labor
service agency or a third party employer shall charge no more
than  the actual cost to transport a day or temporary laborer
to or from the designated work site; however, the total  cost
to  each  day or temporary laborer shall not exceed 3% of the
day or temporary laborer's daily wages.   Any  motor  vehicle
that  is  owned  or  operated  by the day and temporary labor
service agency or a third party employer, or a contractor  of
either,  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.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/25)
    Sec. 25.  Day or temporary 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  and
temporary  labor  service  agency or the third party employer
may charge the day or temporary laborer the market  value  of
the item temporarily provided to the day or temporary laborer
by  the  third party employer if the day or temporary laborer
fails to return such items to the third party employer or the
day and  temporary  labor  service  agency.   For  any  other
equipment,  clothing, accessories, or any other items the day
and  temporary  labor  service  agency  makes  available  for
purchase, the day or temporary laborer shall not  be  charged
more than the actual market value for the item.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/30)
    Sec. 30.  Wage Payment.
    (a)  At  the  time  of  the  payment  of wages, a day and
temporary labor service agency  shall  provide  each  day  or
temporary  laborer  with  an  itemized  statement  showing in
detail each deduction made from the wages.
    (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  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  or  temporary
laborer  in  accordance  with  the  Illinois Wage Payment and
Collection Act.  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 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.
    (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  employer in addition to the work listed in the written
description.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/35)
    Sec. 35.  Public Access Area.   Each  day  and  temporary
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.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/40)
    Sec. 40.  Work Restriction.  No day and  temporary  labor
service agency shall restrict the right of a day or temporary
laborer  to  accept  a  permanent position with a third party
employer to whom  the  day  or  temporary  laborer  has  been
referred  for  work or restrict the right of such third party
employer to offer such  employment  to  a  day  or  temporary
laborer.   Nothing  in  this Section shall restrict a day and
temporary labor service agency from receiving a placement fee
from  the  third  party  employer  for  employing  a  day  or
temporary laborer for whom a contract for work  was  effected
by the day and temporary labor service agency.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/45)
    Sec.  45.  Registration;  Department of Labor.  A day and
temporary  labor  service  agency  shall  register  with  the
Department of Labor in accordance with rules adopted  by  the
Department  for day and temporary labor service agencies that
operate within the State.  The  Department  may  assess  each
agency  a  non-refundable registration fee not exceeding $250
per year.  The fee may be paid by check or  money  order  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 an
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 fines and penalties set forth
in this Act.  The Department shall cause to be posted in each
agency 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.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/50)
    Sec. 50.   Violations.  The  Department  shall  have  the
authority  to suspend or revoke the registration of a day and
temporary labor service agency if warranted by public  health
and safety concerns or violations of this Act.
(Source: P.A. 91-579, eff. 1-1-00.)

    (820 ILCS 175/55 new)
    Sec.  55.  Enforcement.  It  shall  be  the  duty  of the
Department  to  enforce  the  provisions  of  this  Act.  The
Department shall have the power to conduct investigations  in
connection  with  the  administration and enforcement of this
Act  and  any  investigator  with  the  Department  shall  be
authorized to visit and inspect, at all reasonable times, any
places covered by this  Act.  The  Department  shall  conduct
hearings  in  accordance  with  the  Illinois  Administrative
Procedure  Act  upon  written complaint by an investigator of
the Department or any interested person of a violation of the
Act. After the hearing, if supported  by  the  evidence,  the
Department  may (i) issue and cause to be served on any party
an order to cease and desist from further  violation  of  the
Act,   (ii)  take  affirmative  or  other  action  as  deemed
reasonable to eliminate the effect of  the  violation,  (iii)
deny, suspend, or revoke any registration under this Act, and
(iv) determine the amount of any civil penalty allowed by the
Act.  The  Director of Labor or his or her representative may
compel,  by  subpoena,  the  attendance  and   testimony   of
witnesses  and  the  production  of books, payrolls, records,
papers, and other evidence in any  investigation  or  hearing
and  may  administer oaths to witnesses.  Nothing in this Act
applies to labor or employment of a clerical or  professional
nature.

    (820 ILCS 175/60 new)
    Sec.  60.  Review  under  Administrative  Review Law. Any
party to a proceeding under this Act may apply for and obtain
judicial review of an order of the Department  entered  under
this   Act   in   accordance   with  the  provisions  of  the
Administrative Review Law, and the Department in  proceedings
under  the  Act  may  obtain  an order from the court for the
enforcement of its order.

    (820 ILCS 175/65 new)
    Sec. 65.  Contempt. Whenever it appears that any day  and
temporary  labor service agency has violated a valid order of
the Department issued under this Act, the Director  of  Labor
may  commence  an  action  and obtain from the court an order
commanding the day and temporary labor service agency to obey
the order of the Department or be adjudged guilty of contempt
of court and punished accordingly.

    (820 ILCS 175/70 new)
    Sec. 70.  Penalties.  A day and temporary  labor  service
agency  that  violates  any  of  the  provisions  of this Act
concerning registration,  transportation,  equipment,  meals,
wages,  or  waiting rooms shall be subject to a civil penalty
not to exceed $500 for any  violations  found  in  the  first
audit  by  the  Department  and  not to exceed $5,000 for any
violations found in the second audit by the Department.   For
any  violations  that  are  found  in  a  third  audit by the
Department that are within 7 years of the earlier violations,
the Department may revoke the registration of  the  violator.
In  determining  the  amount of a penalty, the Director shall
consider the appropriateness of the penalty to  the  day  and
temporary    labor   service   agency   charged,   upon   the
determination of the gravity of the violations. The amount of
the penalty, when finally determined, may be:
         (1)  Recovered in a  civil  action  brought  by  the
    Director   of  Labor  in  any  circuit  court.   In  this
    litigation, the Director of Labor shall be represented by
    the Attorney General.
         (2)  Ordered by the court, in an action  brought  by
    any  party  for a violation under this Act, to be paid to
    the Director of Labor.
    Any administrative determination by the Department as  to
the  amount of each penalty shall be final unless reviewed as
provided in Section 60 of this Act.

    (820 ILCS 175/75 new)
    Sec. 75.  Willful violations. Whoever willfully  violates
any  of  the provisions of this Act or any rule adopted under
this Act, or whoever obstructs the Department of  Labor,  its
inspectors  or  deputies,  or  any other person authorized to
inspect places of employment under this Act shall  be  guilty
of  a  Class A misdemeanor. Each day during which a violation
of  this  Act  continues  shall  constitute  a  separate  and
distinct  offense,  and  the  employment  of  any  person  in
violation of the Act shall, with respect to  each  person  so
employed,   constitute   a  separate  and  distinct  offense.
Whenever, in the opinion of the Department,  a  violation  of
the  Act  has  occurred,  the  Department  shall  report  the
violation  to  the  Attorney  General of this State who shall
have authority to prosecute all reported violations.

    (820 ILCS 175/80 new)
    Sec.  80.  Child  Labor  and  Day  and  Temporary   Labor
Enforcement  Fund.  All  moneys  received  as  fees and civil
penalties under this Act shall be deposited  into  the  Child
Labor and Day and Temporary Labor Enforcement Fund and may be
used  for the purposes set forth in Section 17.3 of the Child
Labor Law.

    Section 15.  The Child Labor Law is amended  by  changing
Section 17.3 as follows:

    (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
    Sec.   17.3.   Any  employer  who  violates  any  of  the
provisions of this Act or any rule or regulation issued under
the Act shall be subject to a civil penalty of not to  exceed
$5,000 for each such violation.  In determining the amount of
such penalty, the appropriateness of such penalty to the size
of  the  business  of the employer charged and the gravity of
the violation  shall  be  considered.   The  amount  of  such
penalty, when finally determined, may be
         (1)  recovered  in  a  civil  action  brought by the
    Director  of  Labor  in  any  circuit  court,  in   which
    litigation  the Director of Labor shall be represented by
    the Attorney General;
         (2)  ordered by the court, in an action brought  for
    violation under Section 19, to be paid to the Director of
    Labor.
    Any  administrative  determination  by  the Department of
Labor of the amount of each penalty  shall  be  final  unless
reviewed as provided in Section 17.1 of this Act.
    Civil  penalties  recovered  under  this Section shall be
paid into  the  Child  Labor  and  Day  and  Temporary  Labor
Enforcement  Fund,  a special fund which is hereby created in
the State treasury.  Moneys Monies in the Fund may  shall  be
used,  subject  to  appropriation,  for  exemplary  programs,
demonstration  projects,  and  other  activities  or purposes
related to the enforcement of this Act or for the  activities
or  purposes  related  to  the  enforcement  of  the  Day and
Temporary Labor Services Act.
(Source: P.A. 87-139; 88-365.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming  law,  except that the provisions amending the State
Finance Act, the Day Labor Services Act, and the Child  Labor
Law take effect on January 1, 2003.
    Passed in the General Assembly May 29, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.
    Effective January 01, 2003.

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