Illinois General Assembly - Full Text of HB2862
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Full Text of HB2862  103rd General Assembly

HB2862enr 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB2862 EnrolledLRB103 03414 AMQ 48420 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Day and Temporary Labor Services Act is
5amended by changing Sections 2, 5, 30, 45, 50, 55, 70, and 85
6and by adding Sections 11, 42, and 67 as follows:
 
7    (820 ILCS 175/2)
8    Sec. 2. Legislative Findings. The General Assembly finds
9as follows:
10    Since the passage of this Act, the number of Over 300,000
11workers who work as day or temporary laborers in Illinois has
12risen from approximately 300,000 to more than 650,000
13according to data collected by the Department of Labor.
14    Since the passage of this Act, the number of Approximately
15150 day labor and temporary labor service agencies registered
16in Illinois has risen from approximately 150 with 600 branch
17offices to over 300 with over 800 branch offices with nearly
18600 branch offices are licensed throughout Illinois. In
19addition, there still exists is a significant large, though
20unknown, number of unregistered unlicensed day labor and
21temporary labor service agencies that operate outside the
22radar of law enforcement.
23    Recent studies and a survey of low-wage day or temporary

 

 

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1laborers themselves have consistently found finds that as a
2group, they are particularly vulnerable to abuse of their
3labor rights, including unpaid wages, failure to pay for all
4hours worked, minimum wage and overtime violations, and
5unlawful deductions deduction from pay for meals,
6transportation, equipment, and other items.
7    Current law is inadequate to protect the labor and
8employment rights of these workers.
9    At the same time, in Illinois and in other states,
10democratically run nonprofit day labor centers, which charge
11no fee for their services, have been established to provide an
12alternative for day or temporary laborers to solicit work on
13street 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
18contracts for employment with a day and temporary labor
19service agency.
20    "Day and temporary labor" means work performed by a day or
21temporary laborer at a third party client, the duration of
22which may be specific or undefined, pursuant to a contract or
23understanding between the day and temporary labor service
24agency and the third party client. "Day and temporary labor"
25does not include labor or employment of a professional or

 

 

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1clerical nature.
2    "Day and temporary labor service agency" means any person
3or entity engaged in the business of employing day or
4temporary laborers to provide services, for a fee, to or for
5any third party client pursuant to a contract with the day and
6temporary labor service agency and the third party client.
7    "Department" means the Department of Labor.
8    "Interested party" means an organization that monitors or
9is attentive to compliance with public or worker safety laws,
10wage and hour requirements, or other statutory requirements.
11    "Third party client" means any person that contracts with
12a day and temporary labor service agency for obtaining day or
13temporary laborers.
14    "Person" means every natural person, firm, partnership,
15co-partnership, limited liability company, corporation,
16association, business trust, or other legal entity, or its
17legal 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
22day or temporary laborer to a place where a strike, a lockout,
23or other labor trouble exists without providing, at or before
24the time of dispatch, a statement, in writing and in a language
25that the day and temporary laborer understands, informing the

 

 

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1day or temporary laborer of the labor dispute and the day or
2temporary laborer's right to refuse the assignment without
3prejudice to receiving another assignment.
4    (b) The failure by a day and temporary labor service
5agency to provide any of the information required by this
6Section shall constitute a notice violation under Section 95.
7The failure of a day and temporary labor service agency to
8provide each piece of information required by this Section at
9each time it is required by this Section shall constitute a
10separate and distinct notice violation. If a day and temporary
11labor service agency claims that it has provided a notice as
12required under this Section electronically, the day and
13temporary labor service agency shall bear the burden of
14showing 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
18labor service agency shall provide each day or temporary
19laborer with a detailed itemized statement, on the day or
20temporary laborer's paycheck stub or on a form approved by the
21Department, 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
3to work a single day, the third party client shall, at the end
4of the work day, provide such day or temporary laborer with a
5Work Verification Form, approved by the Department, which
6shall contain the date, the day or temporary laborer's name,
7the work location, and the hours worked on that day. Any third
8party client who violates this subsection (a-1) may be subject
9to a civil penalty of not less than $100 and not more than
10$1,500 to exceed $500 for each violation found by the
11Department. Such civil penalty shall may increase to not less
12than $500 and not more than $7,500 $2,500 for a second or
13subsequent violation. For purposes of this subsection (a-1),
14each violation of this subsection (a-1) for each day or
15temporary laborer and for each day the violation continues
16shall constitute a separate and distinct violation.
17    (b) A day and temporary labor service agency shall provide
18each worker an annual earnings summary within a reasonable
19time after the preceding calendar year, but in no case later
20than February 1. A day and temporary labor service agency
21shall, at the time of each wage payment, give notice to day or
22temporary laborers of the availability of the annual earnings
23summary or post such a notice in a conspicuous place in the
24public reception area.
25    (c) At the request of a day or temporary laborer, a day and
26temporary labor service agency shall hold the daily wages of

 

 

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1the day or temporary laborer and make either weekly,
2bi-weekly, or semi-monthly payments. The wages shall be paid
3in a single check, or, at the day or temporary laborer's sole
4option, by direct deposit or other manner approved by the
5Department, representing the wages earned during the period,
6either weekly, bi-weekly, or semi-monthly, designated by the
7day or temporary laborer in accordance with the Illinois Wage
8Payment and Collection Act. Vouchers or any other method of
9payment which is not generally negotiable shall be prohibited
10as a method of payment of wages. Day and temporary labor
11service agencies that make daily wage payments shall provide
12written notification to all day or temporary laborers of the
13right to request weekly, bi-weekly, or semi-monthly checks.
14The day and temporary labor service agency may provide this
15notice by conspicuously posting the notice at the location
16where the wages are received by the day or temporary laborers.
17    (d) No day and temporary labor service agency shall charge
18any day or temporary laborer for cashing a check issued by the
19agency for wages earned by a day or temporary laborer who
20performed work through that agency. No day and temporary labor
21service agency or third party client shall charge any day or
22temporary laborer for the expense of conducting any consumer
23report, as that term is defined in the Fair Credit Reporting
24Act, 15 U.S.C. 1681a(d), any criminal background check of any
25kind, or any drug test of any kind.
26    (e) Day or temporary laborers shall be paid no less than

 

 

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1the wage rate stated in the notice as provided in Section 10 of
2this Act for all the work performed on behalf of the third
3party client in addition to the work listed in the written
4description.
5    (f) The total amount deducted for meals, equipment, and
6transportation may not cause a day or temporary laborer's
7hourly wage to fall below the State or federal minimum wage.
8However, a day and temporary labor service agency may deduct
9the actual market value of reusable equipment provided to the
10day or temporary laborer by the day and temporary labor
11service agency which the day or temporary laborer fails to
12return, if the day or temporary laborer provides a written
13authorization for such deduction at the time the deduction is
14made.
15    (g) A day or temporary laborer who is contracted by a day
16and temporary labor service agency to work at a third party
17client's worksite but is not utilized by the third party
18client shall be paid by the day and temporary labor service
19agency for a minimum of 4 hours of pay at the agreed upon rate
20of pay. However, in the event the day and temporary labor
21service agency contracts the day or temporary laborer to work
22at another location during the same shift, the day or
23temporary laborer shall be paid by the day and temporary labor
24service agency for a minimum of 2 hours of pay at the agreed
25upon rate of pay.
26    (h) A third party client is required to pay wages and

 

 

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1related payroll taxes to a licensed day and temporary labor
2service agency for services performed by the day or temporary
3laborer for the third party client according to payment terms
4outlined on invoices, service agreements, or stated terms
5provided by the day and temporary labor service agency. A
6third party client who fails to comply with this subsection
7(h) is subject to the penalties provided in Section 70 of this
8Act. The Department shall review a complaint filed by a
9licensed day and temporary labor agency. The Department shall
10review the payroll and accounting records of the day and
11temporary labor service agency and the third party client for
12the period in which the violation of this Act is alleged to
13have occurred to determine if wages and payroll taxes have
14been paid to the agency and that the day or temporary laborer
15has 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
19laborer who is assigned to work at a third party client for
20more than 90 calendar days shall be paid not less than the rate
21of pay and equivalent benefits as the lowest paid directly
22hired employee of the third party client with the same level of
23seniority at the company and performing the same or
24substantially similar work on jobs the performance of which
25requires substantially similar skill, effort, and

 

 

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1responsibility, and that are performed under similar working
2conditions. If there is not a directly hired comparative
3employee of the third party client, the day or temporary
4laborer shall be paid not less than the rate of pay and
5equivalent benefits of the lowest paid direct hired employee
6of the company with the closest level of seniority at the
7company. A day and temporary labor service agency may pay the
8hourly cash equivalent of the actual cost benefits in lieu of
9benefits required under this Section. Upon request, a third
10party client to which a day or temporary laborer has been
11assigned for more than 90 calendar days shall be obligated to
12timely provide the day and temporary labor service agency with
13all necessary information related to job duties, pay, and
14benefits of directly hired employees necessary for the day and
15temporary labor service agency to comply with this Section.
16The failure by a third party client to provide any of the
17information required under this Section shall constitute a
18notice violation by the third party client under Section 95.
19For purposes of this Section, the day and temporary labor
20service agency shall be considered a person aggrieved as
21described 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
25located, operates or transacts business within this State

 

 

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1shall register with the Department of Labor in accordance with
2rules adopted by the Department for day and temporary labor
3service agencies and shall be subject to this Act and any rules
4adopted under this Act. Each day and temporary labor service
5agency shall provide proof of an employer account number
6issued by the Department of Employment Security for the
7payment of unemployment insurance contributions as required
8under the Unemployment Insurance Act, and proof of valid
9workers' compensation insurance in effect at the time of
10registration covering all of its employees. If, at any time, a
11day and temporary labor service agency's workers' compensation
12insurance coverage lapses, the agency shall have an
13affirmative duty to report the lapse of such coverage to the
14Department and the agency's registration shall be suspended
15until the agency's workers' compensation insurance is
16reinstated. The Department may assess each day and temporary
17labor service agency a non-refundable registration fee not
18exceeding $3,000 $1,000 per year per agency and a
19non-refundable fee not to exceed $750 $250 for each branch
20office or other location where the agency regularly contracts
21with day or temporary laborers for services. The fee may be
22paid by check, money order, or the State Treasurer's E-Pay
23program or any successor program, and the Department may not
24refuse to accept a check on the basis that it is not a
25certified check or a cashier's check. The Department may
26charge an additional fee to be paid by a day and temporary

 

 

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1labor service agency if the agency, or any person on the
2agency's behalf, issues or delivers a check to the Department
3that is not honored by the financial institution upon which it
4is drawn. The Department shall also adopt rules for violation
5hearings and penalties for violations of this Act or the
6Department's rules in conjunction with the penalties set forth
7in this Act.
8    (a-1) At the time of registration with the Department of
9Labor each year, the day and temporary labor service agency
10shall submit to the Department of Labor a report containing
11the information identified in paragraph (9) of subsection (a)
12of Section 12, broken down by branch office, in the aggregate
13for all day or temporary laborers assigned within Illinois and
14subject to this Act during the preceding year. This
15information shall be submitted on a form created by the
16Department of Labor. The Department of Labor shall aggregate
17the information submitted by all registering day and temporary
18labor service agencies by removing identifying data and shall
19have the information available to the public only on a
20municipal and county basis. As used in this paragraph,
21"identifying data" means any and all information that: (i)
22provides specific information on individual worker identity;
23(ii) identifies the service agency in any manner; and (iii)
24identifies clients utilizing the day and temporary labor
25service agency or any other information that can be traced
26back to any specific registering day and temporary labor

 

 

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1service agency or its client. The information and reports
2submitted to the Department of Labor under this subsection by
3the registering day and temporary labor service agencies are
4exempt from inspection and copying under Section 7.5 of the
5Freedom of Information Act.
6    (b) It is a violation of this Act to operate a day and
7temporary labor service agency without first registering with
8the Department in accordance with subsection (a) of this
9Section. The Department shall create and maintain at regular
10intervals on its website, accessible to the public: (1) a list
11of all registered day and temporary labor service agencies in
12the State whose registration is in good standing; (2) a list of
13day and temporary labor service agencies in the State whose
14registration has been suspended, including the reason for the
15suspension, the date the suspension was initiated, and the
16date, if known, the suspension is to be lifted; and (3) a list
17of day and temporary labor service agencies in the State whose
18registration has been revoked, including the reason for the
19revocation and the date the registration was revoked. The
20Department has the authority to assess a penalty against any
21day and temporary labor service agency that fails to register
22with the Department of Labor in accordance with this Act or any
23rules adopted under this Act of $500 for each violation. Each
24day during which a day and temporary labor service agency
25operates without registering with the Department shall be a
26separate and distinct violation of this Act.

 

 

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1    (c) An applicant is not eligible to register to operate a
2day and temporary labor service agency under this Act if the
3applicant or any of its officers, directors, partners, or
4managers 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
12location, in a position easily accessible to all employees,
13notices as supplied and required by the Department containing
14a copy or summary of the provisions of the Act and a notice
15which informs the public of a toll-free telephone number for
16day or temporary laborers and the public to file wage dispute
17complaints and other alleged violations by day and temporary
18labor service agencies. Such notices shall be in English or
19any other language generally understood in the locale of the
20day 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
24authority to deny, suspend, or revoke the registration of a
25day and temporary labor service agency if warranted by public

 

 

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1health and safety concerns or violations of this Act. The
2Attorney General, pursuant to its authority under Section 6.3
3of the Attorney General Act, may request that a circuit court
4suspend or revoke the registration of a day and temporary
5labor service agency when warranted by public health concern
6or violations of this Act. The Attorney General shall provide
7notice to the Director prior to requesting the suspension or
8revocation of the registration of a day and temporary labor
9service agency.
10(Source: P.A. 94-511, eff. 1-1-06.)
 
11    (820 ILCS 175/55)
12Sec. 55. Enforcement by the Department.
13    It shall be the duty of the Department to enforce the
14provisions of this Act. The Department shall have the power to
15conduct investigations in connection with the administration
16and enforcement of this Act and any investigator with the
17Department shall be authorized to visit and inspect, at all
18reasonable times, any places covered by this Act and shall be
19authorized to inspect, at all reasonable times, contracts for
20the employment of all day or temporary laborers entered into
21by a third party client if the Department has received a
22complaint indicating that the third party client may have
23contracted with a day and temporary labor service agency that
24is not registered under this Act. The Department shall conduct
25hearings in accordance with the Illinois Administrative

 

 

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1Procedure Act upon written complaint by an investigator of the
2Department or any interested person of a violation of the Act.
3After the hearing, if supported by the evidence, the
4Department may (i) issue and cause to be served on any party an
5order to cease and desist from further violation of the Act,
6(ii) take affirmative or other action as deemed reasonable to
7eliminate the effect of the violation, (iii) deny, suspend, or
8revoke any registration under this Act, and (iv) determine the
9amount of any civil penalty allowed by the Act. The Director of
10Labor or his or her representative may compel, by subpoena,
11the attendance and testimony of witnesses and the production
12of books, payrolls, records, papers, and other evidence in any
13investigation or hearing and may administer oaths to
14witnesses. Nothing in this Act applies to labor or employment
15of 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
19interested party.
20    (a) Upon a reasonable belief that a day and temporary
21labor service agency or a third party client covered by this
22Act is in violation of any part of this Act, an interested
23party may initiate a civil action in the county where the
24alleged offenses occurred or where any party to the action
25resides, asserting that a violation of the Act has occurred,

 

 

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1pursuant 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
4complaint to the parties, the Department has not (i) resolved
5the contest and cure period, (ii) with the mutual agreement of
6the parties, extended the time for the named party to cure the
7violation and resolve the complaint, or (iii) issued a right
8to sue letter, the interested party may initiate a civil
9action for penalties. The parties may extend the 180-day
10period by mutual agreement. The limitations period for the
11interested party to bring an action for the alleged violation
12of the Act shall be tolled for the 180-day period and for the
13period of any mutually agreed extensions. At the end of the
14180-day period, or any mutually agreed extensions, the
15Department shall issue a right to sue letter to the interested
16party.
17    (c) Any claim or action filed under this Section must be
18made within 3 years of the alleged conduct resulting in the
19complaint plus any period for which the limitations period has
20been tolled.
21    (d) In an action brought pursuant to this Section, an
22interested party may recover against the covered entity any
23statutory penalties set forth in Section 70 and injunctive
24relief. An interested party who prevails in a civil action
25shall receive 10% of any statutory penalties assessed, plus
26any attorneys' fees and expenses in bringing the action. The

 

 

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1remaining 90% of any statutory penalties assessed shall be
2deposited into the Child Labor and Day and Temporary Labor
3Services Enforcement Fund and shall be used exclusively for
4the 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
8party client that violates any of the provisions of this Act or
9any rule adopted under this Act shall be subject to a civil
10penalty of not less than $100 and not more than $18,000 to
11exceed $6,000 for violations found in the first audit by the
12Department or determined by a court in a civil action brought
13by an interested party, or determined by a court in a civil
14action brought by the Attorney General pursuant to its
15authority under Section 6.3 of the Attorney General Act.
16Following a first audit or civil action, a day and temporary
17labor service agency or third party client shall be subject to
18a civil penalty of not less than $250 and not more than $7,500
19to exceed $2,500 for each repeat violation found by the
20Department or circuit court within 3 years. For purposes of
21this subsection, each violation of this Act for each day or
22temporary laborer and for each day the violation continues
23shall constitute a separate and distinct violation. In
24determining the amount of a penalty, the Director or circuit
25court shall consider the appropriateness of the penalty to the

 

 

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1day and temporary labor service agency or third party client
2charged, upon the determination of the gravity of the
3violations. For any violation determined by the Department or
4circuit court to be willful which is within 3 years of an
5earlier violation, the Department may revoke the registration
6of the violator, if the violator is a day and temporary labor
7service agency. The amount of the penalty, when finally
8determined, 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
19hearings and penalties for violations of this Act or the
20Department's rules in conjunction with the penalties set forth
21in this Act.
22    Any administrative determination by the Department as to
23the amount of each penalty shall be final unless reviewed as
24provided 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
4to enter into a contract for the employment of day or temporary
5laborers with any day and temporary labor service agency not
6registered under Section 45 of this Act. A third party client
7has a duty to verify a day and temporary labor service agency's
8status with the Department before entering into a contract
9with such an agency, and on March 1 and September 1 of each
10year. A day and temporary labor service agency shall be
11required to provide each of its third party clients with proof
12of valid registration issued by the Department at the time of
13entering into a contract. A day and temporary labor service
14agency shall be required to notify, both by telephone and in
15writing, each day or temporary laborer it employs and each
16third party client with whom it has a contract within 24 hours
17of any denial, suspension, or revocation of its registration
18by the Department. All contracts between any day and temporary
19labor service agency and any third party client shall be
20considered null and void from the date any such denial,
21suspension, or revocation of registration becomes effective
22and until such time as the day and temporary labor service
23agency becomes registered and considered in good standing by
24the Department as provided in Section 50 and Section 55. Upon
25request, the Department shall provide to a third party client
26a list of entities registered as day and temporary labor

 

 

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1service agencies. The Department shall provide on the Internet
2a list of entities registered as day and temporary labor
3service agencies. A third party client may rely on information
4provided by the Department or maintained on the Department's
5website pursuant to Section 45 of this Act and shall be held
6harmless if such information maintained or provided by the
7Department was inaccurate. Any third party client that
8violates this provision of the Act is subject to a civil
9penalty of not less than $100 and not to exceed $1,500 $500.
10Each day during which a third party client contracts with a day
11and temporary labor service agency not registered under
12Section 45 of this Act shall constitute a separate and
13distinct offense.
14    (b) If a third party client leases or contracts with a day
15and temporary service agency for the services of a day or
16temporary laborer, the third party client shall share all
17legal responsibility and liability for the payment of wages
18under the Illinois Wage Payment and Collection Act and the
19Minimum Wage Law.
20    (c) Before the assignment of an employee to a worksite
21employer, 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
8company or a day and temporary labor service agency's
9responsibility as an employer to provide a place of employment
10free from recognized hazards or to otherwise comply with other
11health and safety or employment laws. The client company and
12the day and temporary labor service agency are responsible for
13compliance with this Section and the rules adopted under this
14Section.
15    (d) Before the day or temporary laborer engages in work
16for 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
5location and new hazards may be encountered, the client
6company 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
16temporary laborer may refuse a new job task at the worksite
17when the task has not been reviewed or if the day or temporary
18laborer has not had appropriate training to do the new task.
19    (g) A client company that supervises a day or temporary
20laborer must provide worksite specific training to the day or
21temporary laborer and must allow a day and temporary labor
22service agency to visit any worksite where the day or
23temporary laborer works or will be working to observe and
24confirm the client company's training and information related
25to the worksite's job tasks, safety and health practices, and
26hazards.

 

 

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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,
32023.