HB3752 Engrossed LRB094 10273 WGH 40541 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Day and Temporary Labor Services Act is
5 amended by changing Sections 5 and 20 as follows:
 
6     (820 ILCS 175/5)
7     Sec. 5. Definitions. As used in this Act:
8     "Day or temporary laborer" means a natural person who
9 contracts for employment with a day and temporary labor service
10 agency.
11     "Day and temporary labor" means labor or employment that is
12 occasional or irregular at which a person is employed for not
13 longer than the time period required to complete the assignment
14 for which the person was hired and where wage payments are made
15 directly or indirectly by the day and temporary labor service
16 agency or the third party employer for work undertaken by day
17 or temporary laborers pursuant to a contract between the day
18 and temporary labor service agency with the third party
19 employer. "Day and temporary labor" does not include labor or
20 employment of a professional or clerical nature.
21     "Day and temporary labor service agency" means any person
22 or entity engaged in the business of employing day or temporary
23 laborers to provide services to or for any third party employer
24 pursuant to a contract with the day and temporary labor service
25 and the third party employer.
26     "Department" means the Department of Labor.
27     "Person" means every natural person, firm, partnership,
28 copartnership, limited liability company, corporation,
29 association, or other legal entity, or its legal
30 representative, agent, or assigns.
31     "Third party employer" means any person that contracts with
32 a day and temporary labor service agency for the employment of

 

 

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1 day or temporary laborers.
2 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
 
3     (820 ILCS 175/20)
4     Sec. 20. Transportation.
5     (a) A day and temporary labor service agency is responsible
6 for the conduct and performance of any person who transports a
7 day or temporary laborer from the agency to a work site, unless
8 the transporter is: (1) a public mass transportation system as
9 defined in Section 2 of the Local Mass Transit District Act; or
10 (2) the day or temporary laborer providing his or her own
11 transportation; or (3) selected exclusively by and at the sole
12 choice of the day or temporary laborer for transportation in a
13 vehicle not owned or operated by the day and temporary labor
14 service agency.
15     (b) A day and temporary labor service agency shall not
16 refer a day or temporary laborer to any person for
17 transportation to a work site unless that person is (1) a
18 public mass transportation system as defined in Section 2 of
19 the Local Mass Transit District Act or (2) providing the
20 transportation without charge to the day or temporary laborer;
21 however, this subsection (b) shall not be construed to prevent
22 a day and temporary labor service agency or a third party
23 employer from transporting a day or temporary laborer in
24 accordance with this Section. Informing a day or temporary
25 laborer of the availability of a car pool driven by another day
26 or temporary laborer shall not be considered a referral by the
27 agency. Directing the day or temporary laborer to accept a
28 specific car pool as a condition of work shall be considered a
29 referral by the agency. Any mention or discussion of the cost
30 of a car pool shall be considered a referral by the agency.
31     (c) A day and temporary labor service agency or a third
32 party employer shall charge no more than the actual cost to
33 transport a day or temporary laborer to or from the designated
34 work site; however, the total cost to each day or temporary
35 laborer shall not exceed 3% of the day or temporary laborer's

 

 

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1 daily wages. Any motor vehicle that is owned or operated by the
2 day and temporary labor service agency or a third party
3 employer, or a contractor of either, or to which a day and
4 temporary labor services agency refers a day or temporary
5 laborer, which is used for the transportation of day or
6 temporary laborers shall have proof of financial
7 responsibility as provided for in Chapter 8 of the Illinois
8 Vehicle Code.
9     (d) No motor vehicle that is owned or operated by the day
10 and temporary labor service agency or a third party employer,
11 or a contractor of either, or to which a day and temporary
12 labor service agency refers a day or temporary laborer, which
13 is used for the transportation of day or temporary laborers
14 shall be operated if it is occupied by more passengers than
15 recommended by the manufacturer thereof if the vehicle is
16 manufactured as a passenger vehicle. If the vehicle is
17 manufactured for use other than as a passenger vehicle, then it
18 shall not accommodate more passengers than provided for by the
19 manufacturer in passenger vehicles of like style or rating.
20 (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)