SB0047eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning employment.
 
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 5, 12, and 95 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
9contracts for employment with a day and temporary labor service
10agency.
11    "Day or temporary labor applicant" means a natural person
12who requests a job assignment through a day and temporary labor
13service agency, whether in person, verbally, in writing, or
14through an online application process.
15    "Day and temporary labor" means work performed by a day or
16temporary laborer at a third party client, the duration of
17which may be specific or undefined, pursuant to a contract or
18understanding between the day and temporary labor service
19agency and the third party client. "Day and temporary labor"
20does not include labor or employment of a professional or
21clerical nature.
22    "Day and temporary labor service agency" means any person
23or entity engaged in the business of employing day or temporary

 

 

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1laborers to provide services, for a fee, to or for any third
2party client pursuant to a contract with the day and temporary
3labor service agency and the third party client.
4    "Department" means the Department of Labor.
5    "Third party client" means any person that contracts with a
6day and temporary labor service agency for obtaining day or
7temporary laborers.
8    "Person" means every natural person, firm, partnership,
9co-partnership, limited liability company, corporation,
10association, business trust, or other legal entity, or its
11legal representatives, agents, or assigns.
12(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
 
13    (820 ILCS 175/12)
14    Sec. 12. Recordkeeping.
15    (a) The Whenever a day and temporary labor service agency
16sends one or more persons to work as day or temporary laborers,
17the day and temporary labor service agency shall keep the
18following records relating to that transaction:
19        (1) the name, address and telephone number of each
20    third party client, including each worksite, to which day
21    or temporary laborers were sent by the agency and the date
22    of the transaction;
23        (2) for each person that applies to become a day or
24    temporary laborer: the name and address, the race,
25    ethnicity, and gender, as provided by the person who

 

 

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1    requests employment, and, if applicable, the specific
2    location sent to work, the type of work performed, the
3    number of hours worked, the hourly rate of pay and the date
4    sent. The term "hours worked" has the meaning ascribed to
5    that term in 56 Ill. Adm. Code 210.110 and in accordance
6    with all applicable rules or court interpretations under 56
7    Ill. Adm. Code 210.110. The third party client shall be
8    required to remit all information required under this
9    subsection to the day and temporary labor service agency no
10    later than 7 days following the last day of the work week
11    worked by the day or temporary laborer. Failure of a third
12    party client to remit such information to a day and
13    temporary labor service agency shall not be a defense to
14    the recordkeeping requirement of this Section;
15        (3) the name and title of the individual or individuals
16    at each third party client's place of business responsible
17    for the transaction;
18        (4) any specific qualifications or attributes of a day
19    or temporary laborer, requested by each third party client;
20        (5) copies of all contracts, if any, with the third
21    party client and copies of all invoices for the third party
22    client;
23        (6) copies of all employment notices provided in
24    accordance with subsection (a) of Section 10;
25        (7) deductions to be made from each day or temporary
26    laborer's compensation made by either the third party

 

 

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1    client or by the day and temporary labor service agency for
2    the day or temporary laborer's transportation, food,
3    equipment, withheld income tax, withheld social security
4    payments and every other deduction;
5        (8) verification of the actual cost of any equipment or
6    meal charged to a day or temporary laborer;
7        (9) the race and gender of each day or temporary
8    laborer sent by the day and temporary labor service agency
9    a copy of the written notice, signed and stamped by an
10    employee of the day and temporary labor agency specifying
11    the date, time, and location the applicant requested
12    employment, provided to each day or temporary labor
13    applicant by the day and temporary labor service agency , as
14    provided by the day or temporary laborer; and
15        (10) any additional information required by rules
16    issued by the Department.
17    (b) The day and temporary labor service agency shall
18maintain all records under this Section for a period of 3 years
19from their creation. The records shall be open to inspection by
20the Department and the Department of Human Rights during normal
21business hours. Records described in paragraphs (1), (2), (3),
22(6), (7), and (8) of subsection (a) shall be available for
23review or copying by that day or temporary laborer during
24normal business hours within 5 days following a written
25request. In addition, a day and temporary labor service agency
26shall make records related to the number of hours billed to a

 

 

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1third party client for that individual day or temporary
2laborer's hours of work available for review or copying during
3normal business hours within 5 days following a written
4request. The day and temporary labor service agency shall make
5forms, in duplicate, for such requests available to day or
6temporary laborers at the dispatch office. The day or temporary
7laborer shall be given a copy of the request form. It is a
8violation of this Section to make any false, inaccurate or
9incomplete entry into any record required by this Section, or
10to delete required information from any such record. Failure by
11the third party client to remit time records to the day and
12temporary labor service agency as provided in paragraph (a)(2)
13shall constitute a notice violation by a third party client
14under Section 95 of this Act unless the third party client has
15been precluded from submitting such time records for reasons
16beyond its control. A failure by the third party client to
17provide time records in accordance with this subsection (b)
18shall not be a notice violation and shall not be the basis for
19a suit or other action under Section 95 of this Act against the
20day and temporary labor service agency.
21(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
 
22    (820 ILCS 175/95)
23    Sec. 95. Private Right of Action.
24    (a) A person aggrieved by a violation of this Act or any
25rule adopted under this Act by a day and temporary labor

 

 

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1service agency or a third party client may file suit in circuit
2court of Illinois, in the county where the alleged offense
3occurred or where any day or temporary laborer who is party to
4the action resides, without regard to exhaustion of any
5alternative administrative remedies provided in this Act. A day
6and temporary labor service agency aggrieved by a violation of
7this Act or any rule adopted under this Act by a third party
8client may file suit in circuit court of Illinois, in the
9county where the alleged offense occurred or where the day and
10temporary labor service agency which is party to the action is
11located. Actions may be brought by one or more day or temporary
12laborers for and on behalf of themselves and other day or
13temporary laborers similarly situated. A day or temporary
14laborer whose rights have been violated under this Act by a day
15and temporary labor service agency or a third party client or a
16day and temporary labor service agency whose rights have been
17violated under this Act by a third party client is entitled to
18collect:
19        (1) in the case of a wage and hour violation, the
20    amount of any wages, salary, employment benefits, or other
21    compensation denied or lost to the day or temporary laborer
22    or day and temporary labor service agency by reason of the
23    violation, plus an equal amount in liquidated damages;
24        (2) in the case of a health and safety or notice
25    violation, compensatory damages and an amount between $50
26    and up to $500 for each the violation of each subpart of

 

 

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1    each Section;
2        (3) in the case of unlawful retaliation, all legal or
3    equitable relief as may be appropriate; and
4        (4) attorney's fees and costs.
5    (b) The right of an aggrieved person to bring an action
6under this Section terminates upon the passing of 3 years from
7the final date of employment by the day and temporary labor
8agency or the third party client or upon the passing of 3 years
9from the date of termination of the contract between the day
10and temporary labor service agency and the third party client.
11This limitations period is tolled if a day labor employer has
12deterred a day and temporary labor service agency or day or
13temporary laborer's exercise of rights under this Act by
14contacting or threatening to contact law enforcement agencies.
15(Source: P.A. 96-1185, eff. 7-22-10.)