TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.100 PROVISIONS OF THE ACT (REPEALED)
Section 680.100 Provisions
of the Act (Repealed)
(Source: Repealed at 25 Ill. Reg. 878, effective January 5, 2001)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.110 PROVISIONS OF THE ILLINOIS HUMAN RIGHTS ACT (REPEALED)
Section 680.110 Provisions
of the Illinois Human Rights Act (Repealed)
(Source: Repealed at 25 Ill. Reg. 878, effective January 5, 2001)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.120 OBTAINING COPIES (REPEALED)
Section 680.120 Obtaining
Copies (Repealed)
(Source: Repealed at 25 Ill. Reg. 878, effective January 5, 2001)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.130 ADDITIONAL PROVISIONS OF THE ILLINOIS HUMAN RIGHTS ACT (REPEALED)
Section 680.130 Additional
Provisions of the Illinois Human Rights Act (Repealed)
(Source: Repealed at 25 Ill. Reg. 878, effective January 5, 2001)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.140 PROHIBITION OF DISCRIMINATION PRACTICES (REPEALED)
Section 680.140 Prohibition
of Discrimination Practices (Repealed)
(Source: Repealed at 25 Ill. Reg. 878, effective January 5, 2001)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.200 PROVISIONS OF THE ACT
Section 680.200 Provisions
of the Act
Section 12 of the Act provides
in part:
The
Director of Labor or his designated representative shall have the power and
authority to conduct hearings in accordance with "The Illinois
Administrative Procedure Act", upon complaint by an authorized officer of
the Department of Labor or any interested person of a violation of the Act or
the rules and regulations of the Department of Labor.
. . . When
it is shown to the satisfaction of the Director of Labor that any person is
guilty of an immoral, fraudulent, or illegal conduct in connection with the
conduct of the business, it shall be the duty of the Director of Labor to
revoke or suspend the license of such person, but notice of such charges shall
be presented and reasonable opportunity shall be given the licensee to defend
himself in the manner and form provided in the Act. Whenever the
Director of Labor shall issue an order after hearing as provided in this
Section, refuse to issue, or revoke the license of any such employment agency
or employment counselor, the determination shall be reviewable under and
in accordance with the provisions of the Administrative Review Act. [735
ILCS 5/Art. III]
(Source: Amended at 25 Ill. Reg. 878, effective January 5, 2001)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.210 PROCEDURES IN CONNECTION WITH INITIATION AND RESOLUTION OF COMPLAINTS
Section 680.210 Procedures
in Connection with Initiation and Resolution of Complaints
The Director of Labor
accordingly prescribes the following procedures in connection with initiation
and resolution of complaints seeking the revocation or suspension of license of
a private employment agency or employment counsellor.
(Source: Amended at 3 Ill. Reg. 34, page 190, effective August 24, 1979)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.215 FILING COMPLAINT
Section 680.215 Filing
Complaint
Complaints may be initiated at
any time by anyone in either oral or written form.
a) A complaint shall contain the name and address of the private
employment agency or counsellor involved, and a concise statement of the
violation alleged.
b) A complaint shall contain the name, address, and telephone
number of the person initiating the complaint.
(Source: Amended at 3 Ill. Reg. 34, page 190, effective August 24, 1979)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.220 INVESTIGATION OF COMPLAINT
Section 680.220
Investigation of Complaint
Prior to final determination,
the Department may pursue the complaint by preliminary hearing, or information
gathering meeting, with the cooperation of all known parties to the complaint,
or by investigation as provided in the Act.
(Source: Amended at 3 Ill. Reg. 34, page 190, effective August 24, 1979)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.225 CONTESTED CASE RESOLUTION
Section 680.225 Contested
Case Resolution
Resolution of complaints seeking
suspension or revocation of a private employment agency or employment counselor
license will be pursued in accordance with the Illinois Administrative
Procedure Act [5 ILCS 100/Art. 10] and 56 Ill. Adm. Code 120.
(Source: Amended at 25 Ill. Reg. 878, effective January 5, 2001)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.230 RULES OF PROCEDURES IN ADMINISTRATIVE HEARINGS--CONTESTED CASES (REPEALED)
Section 680.230 Rules of
Procedures in Administrative Hearings--Contested Cases (Repealed)
(Source: Repealed at 25 Ill. Reg. 878, effective January 5, 2001)
SUBPART B: STANDARDS OF PRACTICE FOR ADVERTISING BY PRIVATE EMPLOYMENT AGENCIES AND EMPLOYMENT COUNSELORS
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.300 PROHIBITION OF FALSE OR MISLEADING STATEMENTS
Section 680.300 Prohibition
of False or Misleading Statements
No licensee shall publish or
cause to be published or circulate any false or fraudulent or misleading
information, representation, promise or notice by advertising, or in any other
way make false statements or misrepresentation to any person seeking employment
or to any employer seeking employees.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.310 PROHIBITION OF SOLICITATION FOR JOBS NOT ON FILE
Section 680.310 Prohibition
of Solicitation for Jobs Not on File
No licensee shall publish or
cause to be published any notice or advertisement soliciting persons to
register for a specific job unless the licensee has on file a current bona fide
job order as required by Section 903 of the Act. Job orders must be received
from an employer or an authorized representative therefrom. Exaggerated claims
may not be made as to the number of positions currently available.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.320 MAINTENANCE OF FILE
Section 680.320 Maintenance
of File
Each licensee must maintain a
file of all job advertisements identified by date and publication. Such
records shall be retained for one year.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.330 ADVERTISEMENTS AND NOTICES
Section 680.330
Advertisements and Notices
Except for licensees whose trade
name contains the term Personnel, Employment Agency, or Employment Service, all
advertisements and any notices, published in any manner, by any private
employment agency which accepts a placement fee from the applicant, shall carry
the name and address under which the private employment agency is licensed to
do business and the fact that it conducts a private employment agency. If a
licensee chooses to adopt an abbreviated name for advertising purposes, prior
approval must be obtained from the Department of Labor. A licensee shall not
use a Post Office, newspaper or any other box number in any advertising, unless
a licensee identifies itself as required by the Act, and Rules and Regulations.
(Source: Amended at 6 Ill. Reg. 5778, effective April 30, 1982)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.340 INDICATION OF EMPLOYER PAYING PLACEMENT FEES
Section 680.340 Indication
of Employer Paying Placement Fees
All advertisements of positions
which indicate that the employer pays the placement fee must be clearly
identified as such, by use of the terms 'no fee to applicant', employer pays
fee', 'no charge to applicant', and distinct from positions which the applicant
shall pay the fee. On advertised positions which indicate that the employer
will pay the fee, the licensee shall be responsible for the employer pay fee
arrangement and without any cost to the applicant. The offering of such
positions shall not be used to 'bait' in any manner to secure applicants for
fee positions. Advertisements containing both employer pay fee positions and
applicant pay fee positions shall be stated in a non-deceptive manner so as to
preclude any misunderstanding as to which jobs cost the applicant a fee. In
positions offered to applicants whereby a representation is made that the
employer will pay the fee, licensee shall be responsible for the employer pay
fee arrangement without any cost to the applicant.
(Source: Amended at 6 Ill. Reg. 5778, effective April 30, 1982)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.350 SALARY
Section 680.350 Salary
No salary shall appear in an
advertisement except the salary indicated in the actual job order. Only base
salaries may be advertised in total amounts, although contingent benefits such
as incentive pay, bonuses, vacation, expenses, profit sharing may be mentioned
if actually existent.
a) Base salary is defined as that amount which the employer in
its job order agrees to pay, exclusive of contingent or fringe benefits.
b) When several positions are offered in a range of salaries, the
minimum as well as the maximum salary in each classification must be quoted.
c) No dollar references may be made as to potential earnings
unless demonstrable and verifiable.
(Source: Amended at 6 Ill. Reg. 5778, effective April 30, 1982)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.360 CANCELLATION OF ADVERTISEMENTS FOR FILLED POSITIONS
Section 680.360 Cancellation
of Advertisements for Filled Positions
Advertisements of positions
which have been filled shall be cancelled promptly.
SUBPART D: SOLICITING OF EMPLOYEES
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.400 SOLICITING OF EMPLOYEES
Section 680.400 Soliciting
of Employees
No private employment agency,
which accepts fees from the applicant, shall by itself or by its agents solicit
or attempt to persuade or induce any employee to leave or be separated from
his/her employment by direct means of communication on the employer's premises
during employee's employment hours, unless the said employee has previously
granted his/her permission to the licensee.
(Source: Amended at 6 Ill. Reg. 5778, effective April 30, 1982)
SUBPART E: LETTER SERVICE
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.500 LETTER WRITING SERVICE
Section 680.500 Letter
Writing Service
a) Letter Writing Service is that service performed by mailing
letters, resumes and other correspondence for the sole purpose of generating
employment offers.
b) Licensee may, with a written permit of the Department of
Labor, charge a reasonable fee to cover expenses of printing and mailing
letters and resumes not to exceed $250. The fee shall be called letter service
fee and is to be credited on the fee charged for any placement resulting from
such letter service.
c) Licensee shall keep a complete record of fee collected and
expenses incurred with respect to every such letter service fee charged. This
record shall be called a letter service fee record (and kept on file) and open
for inspection by the Department of Labor during all business hours.
d) Licensee shall refund the fees collected, less expenses
incurred, within six months of the date of application, if no acceptable
position has been furnished to the applicant by the licensee. An itemized
account of such expenditures shall be presented to the applicant at the time of
returning unused portion of such letter service fee. All such refunds shall be
in cash or negotiable check and receipts obtained therefor.
e) Any such permit granted by the Department of Labor may be
revoked by it upon due notice to the holder of said permit and due cause shown
and hearing thereon.
(Source: Amended at 6 Ill. Reg. 5778, effective April 30, 1982)
SUBPART F: TELEPHONES
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.600 EMPLOYMENT AGENCY TELEPHONE NUMBERS
Section 680.600 Employment
Agency Telephone Numbers
The licensee shall in writing
notify the Department of all telephone numbers to be used by said licensee in
connection with the employment agency; phone numbers must be used exclusively
in the operation of the employment agency and not in conjunction with any other
business.
SUBPART G: COPY OF CONTRACT TO APPLICANT
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.700 COPY OF CONTRACT
Section 680.700 Copy of
Contract
An executed copy of each
contract or other document to which the applicant becomes a party with the
licensee shall be given to the applicant by the licensee or licensee agency at
the time of the execution of such contract or other document.
SUBPART H: STANDARDS OF PRACTICE BY PRIVATE EMPLOYMENT AGENCIES CONDUCTING A "DOMESTIC AGENCY"
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.800 DEFINITION OF "DOMESTIC AGENCY"
Section 680.800 Definition
of "Domestic Agency"
Domestic Agency as used under
these rules means and includes the business of conducting any agency, bureau,
office or any other place for the purpose of procuring, offering, promising, or
attempting to provide employment for any domestic or household help.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.810 APPLICATIONS FOR DOMESTIC SERVICES
Section 680.810 Applications
for Domestic Services
Every such licensee who sends
out any person to render domestic services or household help shall cause each
applicant for such employment to fill out an application form giving the
following information:
a) The name and address of the applicant;
b) The length of time such applicant has resided at the
aforementioned address; and
c) The names and addresses of the last three persons for whom the
applicant has rendered household or domestic help.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.820 REQUIREMENTS OF LICENSEE
Section 680.820 Requirements
of Licensee
No licensee shall send out any
person to render such domestic or household help unless such person has filled
out the aforementioned application personally at the agency and has been
interviewed by the licensee or a licensed placement counsellor.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.830 ENDORSEMENT OF APPLICATION
Section 680.830 Endorsement
of Application
The application heretofore
mentioned shall have endorsed thereon the date of the interview and the
signature of the person who interviewed the applicant.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.840 VERIFICATION OF REFERENCES
Section 680.840 Verification
of References
It shall be the duty of every
licensee to verify the references of the aforementioned last places of
employment listed on the application and it shall be the further duty of the
licensee to keep a file of such records in the agency.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.850 EXECUTED APPLICATION FORMS AND VERIFICATIONS OF REFERENCES
Section 680.850 Executed
Application Forms and Verifications of References
The executed application forms
and verifications of references recited shall be kept in the domestic registry
of the agency and shall be open to inspection by the Department of Labor.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.860 REFERRAL SLIPS
Section 680.860 Referral
Slips
Every licensee who sends out any
person to render such domestic or household help shall mail to the employer of
such applicant within twenty-four hours, a referral slip which shall contain
the printed name, address, and telephone number of the agency and on which
shall be written or typewritten the date that the applicant was referred to the
employer, the name of the applicant and the previous references of the
applicant.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.870 VERIFICATION OF QUALIFICATIONS
Section 680.870 Verification
of Qualifications
No person shall send out any
applicant to render domestic or household services until such licensee has by
letter verified the qualifications stated in the application as to the
applicant's previous work record, unless such applicant has had no experience or
training; then such licensee shall indicate, by endorsement on the referral
slip, the qualifications claimed by the applicant.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.880 SEPARATE RECORDS
Section 680.880 Separate
Records
If any employment agency which
sends out persons to perform domestic or household help also engages in the
business of conducting a general employment agency, the records of the agency
relating to the domestic or household help phase of the agency business shall
be kept separate from the records of the agency pertaining to any other phase
of such business.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.890 PHYSICAL EXAMINATION DOCUMENTATION
Section 680.890 Physical
Examination Documentation
Every licensee who sends out any
person to render domestic service shall maintain documentation of a physical
examination of the domestic performed within the twelve months prior to the
referral. The licensee shall maintain a copy of the licensed physician's
statement with the application. Such documents of an annual physical
examination shall consist of:
a) The statement that the domestic referral named therein was
"found free of communicable disease."
b) The signature of a licensed physician, dated within the
previous twelve months of the referral.
(Source: Amended at 3 Ill. Reg. 23, page 84, effective June 9, 1979)
SUBPART H: PRIVATE EMPLOYMENT AGENCY LICENSURE
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER III: DEPARTMENT OF LABOR
PART 680
RULES AND REGULATIONS RELATING TO
THE OPERATION OF PRIVATE EMPLOYMENT AGENCIES
SECTION 680.1000 APPLICATION FEES FOR AGENCY LICENSURE
Section 680.1000 Application Fees for Agency Licensure
a) The
Department licenses private employment agencies in accordance with Section 1 of
the Private Employment Agency Act [225 ILCS 515].
b) The
fee that must be submitted along with a domestic agency's application for
licensure is determined by the number of employment counselors that the Agency
employs. The current fee schedule is:
1) 1 to
2 employment counselors: $250
2) 3 to
5 employment counselors: $350
3) 6 to
10 employment counselors: $400
4) 11 or
more employment counselors: $500
(Source: Added at 42 Ill. Reg. 8323,
effective May 4, 2018)
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