Full Text of HB2862 103rd General Assembly
HB2862enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 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 2, 5, 30, 45, 50, 55, 70, and 85 | 6 | | and by adding Sections 11, 42, and 67 as follows: | 7 | | (820 ILCS 175/2)
| 8 | | Sec. 2. Legislative Findings.
The General Assembly finds | 9 | | as follows: | 10 | | Since the passage of this Act, the number of Over 300,000 | 11 | | workers who work as day or temporary laborers in Illinois has | 12 | | risen from approximately 300,000 to more than 650,000 | 13 | | according to data collected by the Department of Labor . | 14 | | Since the passage of this Act, the number of Approximately | 15 | | 150 day labor and temporary labor service agencies registered | 16 | | in Illinois has risen from approximately 150 with 600 branch | 17 | | offices to over 300 with over 800 branch offices with nearly | 18 | | 600 branch offices are licensed throughout Illinois . In | 19 | | addition, there still exists is a significant large , though | 20 | | unknown, number of unregistered unlicensed day labor and | 21 | | temporary labor service agencies that operate outside the | 22 | | radar of law enforcement. | 23 | | Recent studies and a survey of low-wage day or temporary |
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| 1 | | laborers themselves have consistently found finds that as a | 2 | | group, they are particularly vulnerable to abuse of their | 3 | | labor rights, including unpaid wages, failure to pay for all | 4 | | hours worked, minimum wage and overtime violations, and | 5 | | unlawful deductions deduction from pay for meals, | 6 | | transportation, equipment , and other items. | 7 | | Current law is inadequate to protect the labor and | 8 | | employment rights of these workers. | 9 | | At the same time, in Illinois and in other states, | 10 | | democratically run nonprofit day labor centers, which charge | 11 | | no fee for their services, have been established to provide an | 12 | | alternative for day or temporary laborers to solicit work on | 13 | | street corners. These centers are not subject to this Act.
| 14 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 15 | | (820 ILCS 175/5)
| 16 | | Sec. 5. Definitions. As used in this Act:
| 17 | | "Day or temporary laborer" means a natural person who | 18 | | contracts
for employment
with a day and temporary labor | 19 | | service agency.
| 20 | | "Day and temporary labor" means work performed by a day or | 21 | | temporary laborer at a third party client, the duration of | 22 | | which may be specific or undefined, pursuant to a contract or | 23 | | understanding between the day and temporary labor service | 24 | | agency and the third party client.
"Day and temporary labor" | 25 | | does not include labor or employment of
a professional or
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| 1 | | clerical nature.
| 2 | | "Day and temporary labor service agency" means any person | 3 | | or
entity engaged in
the business of employing day or | 4 | | temporary laborers to provide
services, for a fee, to or for | 5 | | any
third party client pursuant to a contract with the day and | 6 | | temporary
labor service agency and
the third party client.
| 7 | | "Department" means the Department of Labor.
| 8 | | "Interested party" means an organization that monitors or | 9 | | is attentive to compliance with public or worker safety laws, | 10 | | wage and hour requirements, or other statutory requirements. | 11 | | "Third party client" means any person that contracts with | 12 | | a
day and temporary labor
service agency for obtaining day or | 13 | | temporary laborers.
| 14 | | "Person" means every natural person, firm, partnership, | 15 | | co-partnership, limited liability company, corporation, | 16 | | association, business trust, or other legal entity, or its | 17 | | legal representatives, agents, or assigns.
| 18 | | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
| 19 | | (820 ILCS 175/11 new) | 20 | | Sec. 11. Right to refuse assignment to a labor dispute. | 21 | | (a) No day and temporary labor service agency may send a | 22 | | day or temporary laborer to a place where a strike, a lockout, | 23 | | or other labor trouble exists without providing, at or before | 24 | | the time of dispatch, a statement, in writing and in a language | 25 | | that the day and temporary laborer understands, informing the |
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| 1 | | day or temporary laborer of the labor dispute and the day or | 2 | | temporary laborer's right to refuse the assignment without | 3 | | prejudice to receiving another assignment. | 4 | | (b) The failure by a day and temporary labor service | 5 | | agency to provide any of the information required by this | 6 | | Section shall constitute a notice violation under Section 95. | 7 | | The failure of a day and temporary labor service agency to | 8 | | provide each piece of information required by this Section at | 9 | | each time it is required by this Section shall constitute a | 10 | | separate and distinct notice violation. If a day and temporary | 11 | | labor service agency claims that it has provided a notice as | 12 | | required under this Section electronically, the day and | 13 | | temporary labor service agency shall bear the burden of | 14 | | showing that the notice was provided if there is a dispute.
| 15 | | (820 ILCS 175/30)
| 16 | | Sec. 30. Wage Payment and Notice.
| 17 | | (a) At the time of
payment of wages, a day and temporary
| 18 | | labor service agency
shall provide each day or temporary | 19 | | laborer with a detailed
itemized
statement, on the day or | 20 | | temporary laborer's paycheck stub or on a form approved by the | 21 | | Department, listing the following: | 22 | | (1) the name, address, and telephone number of each | 23 | | third party client at which the day or temporary laborer | 24 | | worked. If this information is provided on the day or | 25 | | temporary laborer's paycheck stub, a code for each third |
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| 1 | | party client may be used so long as the required | 2 | | information for each coded third party client is made | 3 | | available to the day or temporary laborer; | 4 | | (2) the number of hours worked by the day or temporary | 5 | | laborer at each third party client each day during the pay | 6 | | period. If the day or temporary laborer is assigned to | 7 | | work at the same work site of the same third party client | 8 | | for multiple days in the same work week, the day and | 9 | | temporary labor service agency may record a summary of | 10 | | hours worked at that third party client's worksite so long | 11 | | as the first and last day of that work week are identified | 12 | | as well. The term "hours worked" has the meaning ascribed | 13 | | to that term in 56 Ill. Adm. Code 210.110 and in accordance | 14 | | with all applicable rules or court interpretations under | 15 | | 56 Ill. Adm. Code 210.110; | 16 | | (3) the rate of payment for each hour worked, | 17 | | including any premium rate or bonus; | 18 | | (4) the total pay period earnings; | 19 | | (5) all deductions made from the day or temporary | 20 | | laborer's compensation made either by the third party | 21 | | client or by the day and temporary labor service agency, | 22 | | and the purpose for which deductions were made, including | 23 | | for the day or temporary laborer's transportation, food, | 24 | | equipment, withheld income tax, withheld social security | 25 | | payments, and every other deduction; and | 26 | | (6) any additional information required by rules |
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| 1 | | issued by the Department.
| 2 | | (a-1) For each day or temporary laborer who is contracted | 3 | | to work a single day, the third party client shall, at the end | 4 | | of the work day, provide such day or temporary laborer with a | 5 | | Work Verification Form, approved by the Department, which | 6 | | shall contain the date, the day or temporary laborer's name, | 7 | | the work location, and the hours worked on that day. Any third | 8 | | party client who violates this subsection (a-1) may be subject | 9 | | to a civil penalty of not less than $100 and not more than | 10 | | $1,500 to exceed $500 for each violation found by the | 11 | | Department. Such civil penalty shall may increase to not less | 12 | | than $500 and not more than $7,500 $2,500 for a second or | 13 | | subsequent violation. For purposes of this subsection (a-1), | 14 | | each violation of this subsection (a-1) for each day or | 15 | | temporary laborer and for each day the violation continues | 16 | | shall constitute a separate and distinct violation.
| 17 | | (b) A day and temporary labor service agency shall provide | 18 | | each
worker an annual
earnings summary within a reasonable | 19 | | time after the preceding calendar
year, but in no case later | 20 | | than February 1. A day and temporary
labor service agency | 21 | | shall,
at the time of each wage payment, give notice to day or | 22 | | temporary laborers
of the
availability of the annual earnings | 23 | | summary or post such a notice in a
conspicuous place in the | 24 | | public reception area.
| 25 | | (c) At the request of a day or temporary
laborer, a day and | 26 | | temporary labor service agency shall
hold the daily wages of |
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| 1 | | the day or temporary laborer and make
either weekly, | 2 | | bi-weekly, or semi-monthly
payments. The wages shall be paid | 3 | | in a single check, or, at the day or temporary laborer's sole | 4 | | option, by direct deposit or other manner approved by the | 5 | | Department, representing
the wages earned during the period, | 6 | | either weekly, bi-weekly, or semi-monthly,
designated by the | 7 | | day or temporary laborer in accordance with the
Illinois Wage | 8 | | Payment
and Collection Act. Vouchers or any other method of | 9 | | payment which is not generally negotiable shall be prohibited | 10 | | as a method of payment of wages. Day and temporary labor | 11 | | service agencies that
make daily wage
payments shall provide | 12 | | written notification to all day or temporary
laborers of the | 13 | | right to
request weekly, bi-weekly, or semi-monthly checks. | 14 | | The day and temporary
labor service agency may
provide this | 15 | | notice by conspicuously posting the notice at the location
| 16 | | where the wages are received by the day or temporary laborers.
| 17 | | (d) No day and temporary labor service agency shall charge | 18 | | any
day or temporary laborer for
cashing a check issued by the | 19 | | agency for wages earned by a
day or temporary laborer who
| 20 | | performed work through that agency. No day and temporary labor | 21 | | service agency or third party client shall charge any day or | 22 | | temporary laborer for the expense of conducting any consumer | 23 | | report, as that term is defined in the Fair Credit Reporting | 24 | | Act, 15 U.S.C. 1681a(d), any criminal background check of any | 25 | | kind, or any drug test of any kind.
| 26 | | (e) Day or temporary laborers shall be paid no less than |
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| 1 | | the
wage rate stated in the
notice as provided in Section 10 of | 2 | | this Act for all the work performed on
behalf of the third | 3 | | party client in addition to the work listed in the
written | 4 | | description.
| 5 | | (f) The total amount deducted for meals, equipment, and | 6 | | transportation may not cause a day or temporary laborer's | 7 | | hourly wage to fall below the State or federal minimum wage. | 8 | | However, a day and temporary labor service agency may deduct | 9 | | the actual market value of reusable equipment provided to the | 10 | | day or temporary laborer by the day and temporary labor | 11 | | service agency which the day or temporary laborer fails to | 12 | | return, if the day or temporary laborer provides a written | 13 | | authorization for such deduction at the time the deduction is | 14 | | made. | 15 | | (g) A day or temporary laborer who is contracted by a day | 16 | | and temporary labor service agency to work at a third party | 17 | | client's worksite but is not utilized by the third party | 18 | | client shall be paid by the day and temporary labor service | 19 | | agency for a minimum of 4 hours of pay at the agreed upon rate | 20 | | of pay. However, in the event the day and temporary labor | 21 | | service agency contracts the day or temporary laborer to work | 22 | | at another location during the same shift, the day or | 23 | | temporary laborer shall be paid by the day and temporary labor | 24 | | service agency for a minimum of 2 hours of pay at the agreed | 25 | | upon rate of pay.
| 26 | | (h) A third party client is required to pay wages and |
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| 1 | | related payroll taxes to a licensed day and temporary labor | 2 | | service agency for services performed by the day or temporary | 3 | | laborer for the third party client according to payment terms | 4 | | outlined on invoices, service agreements, or stated terms | 5 | | provided by the day and temporary labor service agency. A | 6 | | third party client who fails to comply with this subsection | 7 | | (h) is subject to the penalties provided in Section 70 of this | 8 | | Act. The Department shall review a complaint filed by a | 9 | | licensed day and temporary labor agency. The Department shall | 10 | | review the payroll and accounting records of the day and | 11 | | temporary labor service agency and the third party client for | 12 | | the period in which the violation of this Act is alleged to | 13 | | have occurred to determine if wages and payroll taxes have | 14 | | been paid to the agency and that the day or temporary laborer | 15 | | has been paid the wages owed him or her. | 16 | | (Source: P.A. 100-517, eff. 6-1-18 .)
| 17 | | (820 ILCS 175/42 new) | 18 | | Sec. 42. Equal pay for equal work. A day or temporary | 19 | | laborer who is assigned to work at a third party client for | 20 | | more than 90 calendar days shall be paid not less than the rate | 21 | | of pay and equivalent benefits as the lowest paid directly | 22 | | hired employee of the third party client with the same level of | 23 | | seniority at the company and performing the same or | 24 | | substantially similar work on jobs the performance of which | 25 | | requires substantially similar skill, effort, and |
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| 1 | | responsibility, and that are performed under similar working | 2 | | conditions. If there is not a directly hired comparative | 3 | | employee of the third party client, the day or temporary | 4 | | laborer shall be paid not less than the rate of pay and | 5 | | equivalent benefits of the lowest paid direct hired employee | 6 | | of the company with the closest level of seniority at the | 7 | | company. A day and temporary labor service agency may pay the | 8 | | hourly cash equivalent of the actual cost benefits in lieu of | 9 | | benefits required under this Section. Upon request, a third | 10 | | party client to which a day or temporary laborer has been | 11 | | assigned for more than 90 calendar days shall be obligated to | 12 | | timely provide the day and temporary labor service agency with | 13 | | all necessary information related to job duties, pay, and | 14 | | benefits of directly hired employees necessary for the day and | 15 | | temporary labor service agency to comply with this Section. | 16 | | The failure by a third party client to provide any of the | 17 | | information required under this Section shall constitute a | 18 | | notice violation by the third party client under Section 95. | 19 | | For purposes of this Section, the day and temporary labor | 20 | | service agency shall be considered a person aggrieved as | 21 | | described in Section 95.
| 22 | | (820 ILCS 175/45)
| 23 | | Sec. 45. Registration; Department of Labor. | 24 | | (a) A day and temporary
labor service
agency which is | 25 | | located, operates or transacts business within this State |
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| 1 | | shall register with the Department of Labor in accordance with | 2 | | rules
adopted by the Department for day and temporary labor | 3 | | service
agencies and shall be subject to this Act and any rules | 4 | | adopted under this Act. Each day and temporary labor service | 5 | | agency shall provide proof of an employer account number | 6 | | issued by the Department of Employment Security for the | 7 | | payment of unemployment insurance contributions as required | 8 | | under the Unemployment Insurance Act, and proof of valid | 9 | | workers' compensation insurance in effect at the time of | 10 | | registration covering all of its employees. If, at any time, a | 11 | | day and temporary labor service agency's workers' compensation | 12 | | insurance coverage lapses, the agency shall have an | 13 | | affirmative duty to report the lapse of such coverage to the | 14 | | Department and the agency's registration shall be suspended | 15 | | until the agency's workers' compensation insurance is | 16 | | reinstated. The Department may assess each day and temporary | 17 | | labor service agency a non-refundable
registration fee
not | 18 | | exceeding $3,000 $1,000 per year per agency and a | 19 | | non-refundable fee not to exceed $750 $250 for each branch | 20 | | office or other location where the agency regularly contracts | 21 | | with day or temporary laborers for services. The fee may be | 22 | | paid by check, money order, or the State Treasurer's E-Pay | 23 | | program or any successor program,
and the Department may not | 24 | | refuse to accept a check on the basis that it is
not a | 25 | | certified check or a cashier's check. The Department may | 26 | | charge an
additional fee to be paid by a day and temporary |
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| 1 | | labor service agency if the agency, or any person on the
| 2 | | agency's behalf, issues or delivers a check to the Department | 3 | | that is not
honored by the financial institution upon which it | 4 | | is drawn. The Department
shall also adopt rules
for violation
| 5 | | hearings and penalties for violations of this Act or the | 6 | | Department's rules
in conjunction with the penalties set forth | 7 | | in this Act. | 8 | | (a-1) At the time of registration with the Department of | 9 | | Labor each year, the day and temporary labor service agency | 10 | | shall submit to the Department of Labor a report containing | 11 | | the information identified in paragraph (9) of subsection (a) | 12 | | of Section 12, broken down by branch office, in the aggregate | 13 | | for all day or temporary laborers assigned within Illinois and | 14 | | subject to this Act during the preceding year. This | 15 | | information shall be submitted on a form created by the | 16 | | Department of Labor. The Department of Labor shall aggregate | 17 | | the information submitted by all registering day and temporary | 18 | | labor service agencies by removing identifying data and shall | 19 | | have the information available to the public only on a | 20 | | municipal and county basis. As used in this paragraph, | 21 | | "identifying data" means any and all information that: (i) | 22 | | provides specific information on individual worker identity; | 23 | | (ii) identifies the service agency in any manner; and (iii) | 24 | | identifies clients utilizing the day and temporary labor | 25 | | service agency or any other information that can be traced | 26 | | back to any specific registering day and temporary labor |
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| 1 | | service agency or its client. The information and reports | 2 | | submitted to the Department of Labor under this subsection by | 3 | | the registering day and temporary labor service agencies are | 4 | | exempt from inspection and copying under Section 7.5 of the | 5 | | Freedom of Information Act. | 6 | | (b) It is a violation of this Act to operate a day and | 7 | | temporary labor service agency without first registering with | 8 | | the Department in accordance with subsection (a) of this | 9 | | Section. The Department shall create and maintain at regular | 10 | | intervals on its website, accessible to the public: (1) a list | 11 | | of all registered day and temporary labor service agencies in | 12 | | the State whose registration is in good standing; (2) a list of | 13 | | day and temporary labor service agencies in the State whose | 14 | | registration has been suspended, including the reason for the | 15 | | suspension, the date the suspension was initiated, and the | 16 | | date, if known, the suspension is to be lifted; and (3) a list | 17 | | of day and temporary labor service agencies in the State whose | 18 | | registration has been revoked, including the reason for the | 19 | | revocation and the date the registration was revoked. The | 20 | | Department has the authority to assess a penalty against any | 21 | | day and temporary labor service agency that fails to register | 22 | | with the Department of Labor in accordance with this Act or any | 23 | | rules adopted under this Act of $500 for each violation. Each | 24 | | day during which a day and temporary labor service agency | 25 | | operates without registering with the Department shall be a | 26 | | separate and distinct violation of this Act. |
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| 1 | | (c) An applicant is not eligible to register to operate a | 2 | | day and temporary labor service agency under this Act if the | 3 | | applicant or any of its officers, directors, partners, or | 4 | | managers or any owner of 25% or greater beneficial interest: | 5 | | (1) has been involved, as owner, officer, director, | 6 | | partner, or manager, of any day and temporary labor | 7 | | service agency whose registration has been revoked or has | 8 | | been suspended without being reinstated within the 5 years | 9 | | immediately preceding the filing of the application; or | 10 | | (2) is under the age of 18. | 11 | | (d) Every agency shall post and keep posted at each | 12 | | location, in a position easily accessible to all employees, | 13 | | notices as supplied and required by the Department containing | 14 | | a copy or summary of the provisions of the Act and
a notice | 15 | | which informs
the public of a toll-free telephone number for | 16 | | day or temporary laborers
and the public to
file wage dispute | 17 | | complaints and other alleged violations by
day and temporary | 18 | | labor service
agencies. Such notices shall be in English or | 19 | | any other language generally understood in the locale of the | 20 | | day and temporary labor service agency.
| 21 | | (Source: P.A. 100-517, eff. 6-1-18 .)
| 22 | | (820 ILCS 175/50)
| 23 | | Sec. 50. Violations. The Department shall have the | 24 | | authority
to deny, suspend, or
revoke the registration of a | 25 | | day and temporary labor service
agency if warranted by public
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| 1 | | health and safety concerns or violations of this Act. The | 2 | | Attorney General, pursuant to its authority under Section 6.3 | 3 | | of the Attorney General Act, may request that a circuit court | 4 | | suspend or revoke the registration of a day and temporary | 5 | | labor service agency when warranted by public health concern | 6 | | or violations of this Act. The Attorney General shall provide | 7 | | notice to the Director prior to requesting the suspension or | 8 | | revocation of the registration of a day and temporary labor | 9 | | service agency.
| 10 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 11 | | (820 ILCS 175/55)
| 12 | | Sec. 55. Enforcement by the Department . | 13 | | It shall be the duty of the Department to enforce
the
| 14 | | provisions
of this Act. The Department shall have the power to | 15 | | conduct investigations in
connection with
the administration | 16 | | and enforcement of this Act and any investigator with the
| 17 | | Department shall be
authorized to visit and inspect, at all | 18 | | reasonable times, any places covered by
this Act and shall be | 19 | | authorized to inspect, at all reasonable times,
contracts for | 20 | | the employment of all day or temporary laborers entered into | 21 | | by
a third party client if the Department has received a
| 22 | | complaint indicating that the third party client may have | 23 | | contracted with a
day and
temporary labor service agency that | 24 | | is not registered under this Act.
The
Department shall conduct | 25 | | hearings in accordance with the Illinois
Administrative |
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| 1 | | Procedure Act
upon written complaint by an investigator of the | 2 | | Department or any
interested
person of a violation of the Act. | 3 | | After the hearing, if supported by the
evidence, the
| 4 | | Department may (i) issue and cause to be served on any party an | 5 | | order to cease
and desist
from further violation of the Act, | 6 | | (ii) take affirmative or other action as
deemed reasonable
to | 7 | | eliminate the effect of the violation, (iii) deny, suspend, or | 8 | | revoke any
registration under
this Act, and (iv) determine the | 9 | | amount of any civil penalty allowed by the
Act. The Director of
| 10 | | Labor or his or her representative may compel, by subpoena, | 11 | | the attendance and
testimony of
witnesses and the production | 12 | | of books, payrolls, records, papers, and other
evidence in any
| 13 | | investigation or hearing and may administer oaths to | 14 | | witnesses. Nothing in
this Act applies to labor or employment | 15 | | of a clerical or professional nature.
| 16 | | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
| 17 | | (820 ILCS 175/67 new) | 18 | | Sec. 67. Action for civil penalties brought by an | 19 | | interested party. | 20 | | (a) Upon a reasonable belief that a day and temporary | 21 | | labor service agency or a third party client covered by this | 22 | | Act is in violation of any part of this Act, an interested | 23 | | party may initiate a civil action in the county where the | 24 | | alleged offenses occurred or where any party to the action | 25 | | resides, asserting that a violation of the Act has occurred, |
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| 1 | | pursuant to the following sequence of events: | 2 | | (1) The interested party submits to the Department of | 3 | | Labor a complaint describing the violation and naming the | 4 | | day or temporary labor service agency or third party | 5 | | client alleged to have violated this Act. | 6 | | (2) The Department sends notice of complaint to the | 7 | | named parties alleged to have violated this Act and the | 8 | | interested party. The named parties may either contest the | 9 | | alleged violation or cure the alleged violation. | 10 | | (3) The named parties contest or cure the alleged | 11 | | violation within 30 days after the receipt of the notice | 12 | | of complaint or, if the named party does not respond | 13 | | within 30 days, the Department issues a notice of right to | 14 | | sue to the interested party as described in paragraph (4). | 15 | | (4) The Department issues a notice of right to sue to | 16 | | the interested party, if one or more of the following has | 17 | | occurred: | 18 | | (i) the named party has cured the alleged | 19 | | violation to the satisfaction of the Director; | 20 | | (ii) the Director has determined that the | 21 | | allegation is unjustified or that the Department does | 22 | | not have jurisdiction over the matter or the parties; | 23 | | or | 24 | | (iii) the Director has determined that the | 25 | | allegation is justified or has not made a | 26 | | determination, and either has decided not to exercise |
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| 1 | | jurisdiction over the matter or has concluded | 2 | | administrative enforcement of the matter. | 3 | | (b) If within 180 days after service of the notice of | 4 | | complaint to the parties, the Department has not (i) resolved | 5 | | the contest and cure period, (ii) with the mutual agreement of | 6 | | the parties, extended the time for the named party to cure the | 7 | | violation and resolve the complaint, or (iii) issued a right | 8 | | to sue letter, the interested party may initiate a civil | 9 | | action for penalties. The parties may extend the 180-day | 10 | | period by mutual agreement. The limitations period for the | 11 | | interested party to bring an action for the alleged violation | 12 | | of the Act shall be tolled for the 180-day period and for the | 13 | | period of any mutually agreed extensions. At the end of the | 14 | | 180-day period, or any mutually agreed extensions, the | 15 | | Department shall issue a right to sue letter to the interested | 16 | | party. | 17 | | (c) Any claim or action filed under this Section must be | 18 | | made within 3 years of the alleged conduct resulting in the | 19 | | complaint plus any period for which the limitations period has | 20 | | been tolled. | 21 | | (d) In an action brought pursuant to this Section, an | 22 | | interested party may recover against the covered entity any | 23 | | statutory penalties set forth in Section 70 and injunctive | 24 | | relief. An interested party who prevails in a civil action | 25 | | shall receive 10% of any statutory penalties assessed, plus | 26 | | any attorneys' fees and expenses in bringing the action. The |
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| 1 | | remaining 90% of any statutory penalties assessed shall be | 2 | | deposited into the Child Labor and Day and Temporary Labor | 3 | | Services Enforcement Fund and shall be used exclusively for | 4 | | the purposes set forth in Section 17.3 of the Child Labor Law.
| 5 | | (820 ILCS 175/70)
| 6 | | Sec. 70. Penalties. | 7 | | (a) A day and temporary labor service agency or third | 8 | | party client that
violates any
of the provisions of this Act or | 9 | | any rule adopted under this Act shall be subject to a civil | 10 | | penalty of not less than $100 and
not more than $18,000 to | 11 | | exceed $6,000 for
violations found in the first audit by the
| 12 | | Department or determined by a court in a civil action brought | 13 | | by an interested party, or determined by a court in a civil | 14 | | action brought by the Attorney General pursuant to its | 15 | | authority under Section 6.3 of the Attorney General Act . | 16 | | Following a first audit or civil action , a day and temporary | 17 | | labor service agency or third party client shall be subject to | 18 | | a civil penalty of not less than $250 and not more than $7,500 | 19 | | to
exceed $2,500 for each repeat violation found
by the | 20 | | Department or circuit court within 3 years. For purposes of | 21 | | this subsection, each violation of this Act for each day or | 22 | | temporary laborer and for each day the violation continues | 23 | | shall constitute a separate and distinct violation.
In | 24 | | determining the amount of a penalty, the Director or circuit | 25 | | court shall
consider the appropriateness of the penalty to the
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| 1 | | day and temporary labor service agency or third party client | 2 | | charged, upon the determination of the
gravity of the | 3 | | violations. For any violation determined by the Department or | 4 | | circuit court to be willful which is within 3 years of an | 5 | | earlier violation, the Department may revoke the registration | 6 | | of the violator, if the violator is a day and temporary labor | 7 | | service agency. The
amount of the penalty, when finally | 8 | | determined, may be:
| 9 | | (1) Recovered in a civil action brought by the | 10 | | Director of Labor in any
circuit court. In this | 11 | | litigation, the Director of Labor shall be represented
by | 12 | | the Attorney General.
| 13 | | (2) Ordered by the court, in an action brought by any | 14 | | party , including the Attorney General pursuant to its | 15 | | authority under Section 6.3 of the Attorney General Act, | 16 | | for a
violation under this Act,
to
be paid to the Director | 17 | | of Labor.
| 18 | | (b) The Department shall adopt rules for violation | 19 | | hearings and penalties for violations of this Act or the | 20 | | Department's rules in conjunction with the penalties set forth | 21 | | in this Act.
| 22 | | Any administrative determination by the Department as to | 23 | | the amount of each
penalty shall be final unless reviewed as | 24 | | provided in Section 60 of this Act.
| 25 | | (Source: P.A. 96-1185, eff. 7-22-10.)
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| 1 | | (820 ILCS 175/85)
| 2 | | Sec. 85. Third party clients. | 3 | | (a) It is a violation of this Act for a third party client | 4 | | to enter into a contract for the employment of
day or temporary | 5 | | laborers with any day and temporary labor service agency
not | 6 | | registered under Section 45 of this Act.
A third party client | 7 | | has a duty to verify a day and temporary labor service agency's | 8 | | status with the Department before entering into a contract | 9 | | with such an agency, and on March 1 and September 1 of each | 10 | | year. A day and temporary labor service agency shall be | 11 | | required to provide each of its third party clients with proof | 12 | | of valid registration issued by the Department at the time of | 13 | | entering into a contract. A day and temporary labor service | 14 | | agency shall be required to notify, both by telephone and in | 15 | | writing, each day or temporary laborer it employs and each | 16 | | third party client with whom it has a contract within 24 hours | 17 | | of any denial, suspension, or revocation of its registration | 18 | | by the Department. All contracts between any day and temporary | 19 | | labor service agency and any third party client shall be | 20 | | considered null and void from the date any such denial, | 21 | | suspension, or revocation of registration becomes effective | 22 | | and until such time as the day and temporary labor service | 23 | | agency becomes registered and considered in good standing by | 24 | | the Department as provided in Section 50 and Section 55. Upon | 25 | | request, the Department shall provide to a third party client | 26 | | a list
of entities registered as day and temporary labor |
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| 1 | | service agencies. The
Department shall
provide on the Internet | 2 | | a list of entities registered as day and temporary
labor | 3 | | service agencies. A third party client may rely on information | 4 | | provided by the Department or maintained on the Department's | 5 | | website pursuant to Section 45 of this Act and shall be held | 6 | | harmless if such information maintained or provided by the | 7 | | Department was inaccurate. Any third party client that | 8 | | violates this provision of the Act is subject to a civil | 9 | | penalty of not less than $100 and not to exceed $1,500 $500 . | 10 | | Each day during which a third party client contracts with a day | 11 | | and temporary labor service agency not registered under | 12 | | Section 45 of this Act shall constitute a separate and | 13 | | distinct offense.
| 14 | | (b) If a third party client leases or contracts with a day | 15 | | and temporary service agency for the services of a day or | 16 | | temporary laborer, the third party client shall share all | 17 | | legal responsibility and liability for the payment of wages | 18 | | under the Illinois Wage Payment and Collection Act and the | 19 | | Minimum Wage Law.
| 20 | | (c) Before the assignment of an employee to a worksite | 21 | | employer, a day and temporary labor service agency must: | 22 | | (1) inquire about the client company's safety and | 23 | | health practices and hazards at the actual workplace where | 24 | | the day or temporary laborer will be working to assess the | 25 | | safety conditions, workers tasks, and the client company's | 26 | | safety program; these activities are required at the start |
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| 1 | | of any contract to place day or temporary laborers and may | 2 | | include visiting the client company's actual worksite. If, | 3 | | during the inquiry or anytime during the period of the | 4 | | contract, the day and temporary labor service agency | 5 | | becomes aware of existing job hazards that are not | 6 | | mitigated by the client company, the day and temporary | 7 | | labor service agency must make the client company aware, | 8 | | urge the client company to correct it, and document these | 9 | | efforts, otherwise the day and temporary labor service | 10 | | agency must remove the day or temporary laborers from the | 11 | | client company's worksite; | 12 | | (2) provide training to the day or temporary laborer | 13 | | for general awareness safety training for recognized | 14 | | industry hazards the day or temporary laborer may | 15 | | encounter at the client company's worksite. Industry | 16 | | hazard training must be completed, in the preferred | 17 | | language of the day or temporary laborer, and must be | 18 | | provided at no expense to the day or temporary laborer. | 19 | | The training date and training content must be maintained | 20 | | by the day and temporary staffing agency and provided to | 21 | | the day or temporary laborer; | 22 | | (3) transmit a general description of the training | 23 | | program including topics covered to the client company, | 24 | | whether electronically or on paper, at the start of the | 25 | | contract with the client company; | 26 | | (4) provide the Department's hotline number for the |
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| 1 | | employee to call to report safety hazards and concerns as | 2 | | part of the employment materials provided to the day or | 3 | | temporary laborer; and | 4 | | (5) inform the day or temporary laborer who the day or | 5 | | temporary laborer should report safety concerns to at the | 6 | | workplace. | 7 | | Nothing in this Section shall diminish any existing client | 8 | | company or a day and temporary labor service agency's | 9 | | responsibility as an employer to provide a place of employment | 10 | | free from recognized hazards or to otherwise comply with other | 11 | | health and safety or employment laws. The client company and | 12 | | the day and temporary labor service agency are responsible for | 13 | | compliance with this Section and the rules adopted under this | 14 | | Section. | 15 | | (d) Before the day or temporary laborer engages in work | 16 | | for a client company, the client company must: | 17 | | (1) document and inform the day and temporary labor | 18 | | service agency about anticipated job hazards likely | 19 | | encountered by the day or temporary laborer; | 20 | | (2) review the safety and health awareness training | 21 | | provided by the day and temporary labor service agency to | 22 | | determine if it addresses recognized hazards for the | 23 | | client company's industry; | 24 | | (3) provide specific training tailored to the | 25 | | particular hazards at the client company's worksite; and | 26 | | (4) document and maintain records of site-specific |
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| 1 | | training and provide confirmation that the training | 2 | | occurred to the day and temporary labor service agency | 3 | | within 3 business days of providing the training. | 4 | | (e) If the client company changes the job tasks or work | 5 | | location and new hazards may be encountered, the client | 6 | | company must: | 7 | | (1) inform both the day and temporary labor service | 8 | | agency and the day or temporary laborer; and | 9 | | (2) inform both the day and temporary labor service | 10 | | agency staffing agency and the day or temporary laborer of | 11 | | job hazards not previously covered before the day or | 12 | | temporary laborer undertakes the new tasks and update | 13 | | personal protective equipment and training for the new job | 14 | | tasks, if necessary. | 15 | | (f) A day and temporary labor service agency or day or | 16 | | temporary laborer may refuse a new job task at the worksite | 17 | | when the task has not been reviewed or if the day or temporary | 18 | | laborer has not had appropriate training to do the new task. | 19 | | (g) A client company that supervises a day or temporary | 20 | | laborer must provide worksite specific training to the day or | 21 | | temporary laborer and must allow a day and temporary labor | 22 | | service agency to visit any worksite where the day or | 23 | | temporary laborer works or will be working to observe and | 24 | | confirm the client company's training and information related | 25 | | to the worksite's job tasks, safety and health practices, and | 26 | | hazards. |
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| 1 | | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
| 2 | | Section 99. Effective date. This Act takes effect July 1, | 3 | | 2023. |
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