Full Text of SB1859 99th General Assembly
SB1859 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1859 Introduced 2/20/2015, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
| 225 ILCS 515/1 | from Ch. 111, par. 901 | 225 ILCS 515/1.5 new | | 225 ILCS 515/3 | from Ch. 111, par. 903 | 225 ILCS 515/11 | from Ch. 111, par. 914 | 225 ILCS 515/12 | from Ch. 111, par. 915 | 225 ILCS 515/12.2 new | | 225 ILCS 515/12.3 new | | 225 ILCS 515/12.4 new | | 225 ILCS 515/12.5 new | | 225 ILCS 515/12.6 new | |
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Amends the Private Employment Agency Act. Makes changes to provisions concerning applications for original licensure, renewal of licenses, recordkeeping, definitions, investigative authority of the Department of Labor, grounds for discipline, and disciplinary proceedings. Provides that the Department shall provide on its website, accessible to the public, a list of all licensed employment agencies and all employment agencies whose license has been suspended or registration revoked. Provides that it is a violation of the Act for an employment agency to violate certain provisions of the Illinois Minimum Wage Law and the Wage Payment and Collection Act. Provides that it is a violation of the Act for a private employment agency to interfere with the rights granted to an employee by any wage law in the State. Provides that it is a violation of the Act for an employer to accept a referral of an individual for employment from an employment agency not licensed under the Act. Eliminates criminal penalties; provides civil penalties for both employment agencies and employers for violating the Act. Provides that all fees and civil penalties collected under the Act shall be deposited into the Wage Theft Enforcement Fund.
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| | A BILL FOR |
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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 Private Employment Agency Act is amended by | 5 | | changing Sections 1, 3, 11, and 12 and by adding Sections 1.5, | 6 | | 12.2, 12.3, 12.4, 12.5, and 12.6 as follows:
| 7 | | (225 ILCS 515/1) (from Ch. 111, par. 901)
| 8 | | Sec. 1. Department of Labor; authority to license | 9 | | employment agencies; unlicensed operation; website listing of | 10 | | agencies; rulemaking authority. | 11 | | (a) It shall be the duty of the Department of Labor and it | 12 | | shall
have power, jurisdiction and authority to issue licenses | 13 | | to employment
agencies or agents, and to refuse to issue | 14 | | licenses whenever, after due
investigation, the Department of | 15 | | Labor finds that the character of the
applicant makes him unfit | 16 | | to be an employment agent, or when the
premises proposed to be | 17 | | used for conducting the business of an
employment agency, is | 18 | | found, upon investigation, to be unfit for such
use. | 19 | | (b) Any such license granted by the Department of Labor may | 20 | | also be
revoked or suspended by it upon due notice to the | 21 | | holder of said license
and upon due cause shown and hearing | 22 | | thereon. Failure to comply with the
duties, terms, rules, | 23 | | conditions or provisions required by any law of
this State |
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| 1 | | governing employment agencies, or with any lawful order of
the | 2 | | Department of Labor, shall be deemed cause to revoke or suspend | 3 | | such
license. | 4 | | (c) It is a violation of this Act to operate a private | 5 | | employment agency without first registering with the | 6 | | Department of Labor and obtaining a license in accordance with | 7 | | Section 1.5 of this Act. The Department has the authority to | 8 | | assess a penalty against any agency that fails to obtain a | 9 | | license from the Department in accordance with this Act or any | 10 | | rules adopted under this Act of $500 for each violation. Each | 11 | | day during which an employment agency operates without a | 12 | | license shall be a separate and distinct violation of the Act. | 13 | | (d) The Department shall create and maintain at regular | 14 | | intervals on its website, accessible to the public: | 15 | | (1) a list of all licensed employment agencies in the | 16 | | State; | 17 | | (2) a list of all employment agencies in the State | 18 | | whose license has been suspended, including the reason for | 19 | | the suspension, the date that the suspension was initiated, | 20 | | and the date, if known, the suspension is to be lifted; and | 21 | | (3) a list of employment agencies in the State whose | 22 | | registration has been revoked, including the reason for the | 23 | | revocation and the date the registration was revoked. | 24 | | (e) The Department of Labor shall have power, jurisdiction | 25 | | and
authority to fix and order such reasonable rules and | 26 | | regulations for the
conduct of the business of employment |
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| 1 | | agencies, as may be necessary to
carry out the laws relating to | 2 | | employment agencies.
| 3 | | The applicant shall furnish to the Department an affidavit | 4 | | stating that
he has never been a party to any fraud, has no | 5 | | jail or prison record,
belongs to no subversive societies, is | 6 | | of good moral character, has
business integrity and is | 7 | | financially responsible.
| 8 | | In determining moral character and qualification for | 9 | | licensing, the
Department may take into consideration any | 10 | | criminal conviction of the
applicant, but such a conviction | 11 | | shall not operate as a bar to licensing.
| 12 | | No person shall open, keep or carry on any employment | 13 | | agency in the
State of Illinois, unless such person shall | 14 | | procure a license therefor
from the Department of Labor. Any | 15 | | person who shall open up, or conduct
any such agency without | 16 | | first procuring such license or without paying
any fees | 17 | | required by this Act, shall be guilty of a Class B misdemeanor.
| 18 | | The application fee for such license shall be $250 annually | 19 | | for persons
operating an agency with less than 3 employment | 20 | | counsellors; $350 annually for
persons operating an agency with | 21 | | from 3 to 5 employment counsellors;
$400 annually for persons | 22 | | operating an agency employing from 6 to 10
employment | 23 | | counsellors and $500 annually for persons operating an agency
| 24 | | employing in excess of 10 employment counsellors.
The | 25 | | application fee is nonrefundable.
| 26 | | Every license shall contain the name of the person |
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| 1 | | licensed, or if a
corporation, the name of the chief officer, a | 2 | | designation of the city,
street number of the building in which | 3 | | the licensee is authorized to
carry on the employment agency, | 4 | | and the style or trade name under which
such licensee is to | 5 | | conduct the employment agency. Such license shall
not be valid | 6 | | to protect any person who operates any employment agency
under | 7 | | any other name than is mentioned in the license. No license | 8 | | shall
be valid to protect any place other than that designated | 9 | | in the license,
unless notice in writing was given by a | 10 | | licensee to the Department of Labor
that the licensee intends | 11 | | to commence conduct of an employment agency at
another or at an | 12 | | additional location, which notice is accompanied by
the | 13 | | requisite fee and bond, or unless any employment agency | 14 | | interviews on the
premises of an employer client for employees | 15 | | for the employer client and
notifies the Department thereof at | 16 | | least 48 hours prior thereto and the
Department fails to raise | 17 | | an objection to the interviewing. No such
agency shall be | 18 | | located in connection with any place where intoxicating
liquors | 19 | | are sold.
| 20 | | The application for such license shall be filed with the | 21 | | Department
of Labor and the Department of Labor shall act upon | 22 | | such application
before 60 days from the time of filing such | 23 | | application. The license
shall run for one year from date of | 24 | | issue, and no longer, unless sooner
revoked by the Department | 25 | | of Labor. Such application shall be posted in
the office of the | 26 | | Department of Labor from date of filing thereof and
until such |
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| 1 | | time as such application is acted upon. Such application
shall | 2 | | contain the name, address and telephone number of the person | 3 | | who
desires to secure a license, and shall be signed by him. If | 4 | | the
application is filed on behalf of a partnership, the | 5 | | application shall
contain the date when the partnership was | 6 | | formed, and the names and
addresses of all partners, and shall | 7 | | be signed by one of the
partners. If the application is filed | 8 | | on behalf of a corporation, the
application shall contain the | 9 | | date when the corporation was formed, the
state of | 10 | | incorporation, and the names and addresses of
all officers of | 11 | | the corporation, and shall be signed by the president and
| 12 | | secretary of the corporation. The application shall state | 13 | | whether or not
any person mentioned in the application was ever | 14 | | engaged in the business
of conducting an employment agency, or | 15 | | was employed by an employment
agency in this State or elsewhere | 16 | | and shall set forth the facts if any
concerning such previous | 17 | | connection with the employment agency business.
The | 18 | | application shall contain the name and address of
the person | 19 | | who is to have the general management of the agency.
| 20 | | Such application shall state whether or not any person | 21 | | mentioned in
the application is pecuniarily interested in any | 22 | | other business and if
so, the nature of such business and where | 23 | | it is carried on. Such
applicant shall also state whether the | 24 | | person or persons mentioned in
the application are the only | 25 | | persons pecuniarily interested in the
business to be carried on | 26 | | under the license. Such application shall also
contain such |
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| 1 | | other information as the Department shall by regulation
| 2 | | require. Such application shall be accompanied by such evidence | 3 | | of the
applicant's business reputation for integrity and such | 4 | | evidence of the
applicant's financial responsibility as the | 5 | | Department may by regulation
require. Such application shall be | 6 | | accompanied by the affidavits of two
persons of business or | 7 | | professional integrity, residing within the city
or town | 8 | | wherein such applicant resides or intends to conduct his
| 9 | | business, and such affiants shall state that they have known | 10 | | the
applicant for a period of two years, that the applicant is | 11 | | a person of
good moral character.
| 12 | | Upon the filing of such application, the Department shall | 13 | | cause an
investigation to be made as to the character and the | 14 | | business integrity
and financial responsibility of the | 15 | | applicant and those mentioned in the
application, and as to the | 16 | | fitness of the premises to be used. The
application shall be | 17 | | rejected if the Department shall find that any of
the persons | 18 | | named in the application is not of good moral character,
| 19 | | business integrity and financial responsibility, if the | 20 | | premises are
unfit or if there is any good and sufficient | 21 | | reason within the meaning
and purpose of this Act for rejecting | 22 | | such application. Unless the
application shall be rejected for | 23 | | one or more of the causes specified
above, it shall be granted. | 24 | | A detailed report of such investigation and
the action taken | 25 | | thereon shall be made in writing, signed by the
investigator | 26 | | and become a part of the official records of the
Department's |
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| 1 | | office.
| 2 | | When at the time of filing the application, the applicant | 3 | | or any
person mentioned in the application is employed as an | 4 | | employment
counsellor by a licensed employment agency in this | 5 | | State, the department
shall notify the agency of this fact.
| 6 | | Such license shall be renewed upon licensee furnishing the | 7 | | Department
accompanied by the required application fee, a | 8 | | letter from a surety stating
that a sufficient bond is in force | 9 | | and other documents necessary to
complete the renewal. Failure | 10 | | to renew a license at its expiration date
shall cause the | 11 | | license to lapse and may only be reinstated by a new
| 12 | | application.
| 13 | | No license shall be transferrable, but a licensee may at | 14 | | any time
with the approval of the Department, make changes in | 15 | | the structure of
the business entity operating the agency, but | 16 | | no licensee shall permit
any person not mentioned in the | 17 | | original application for a license to
become a partner if such | 18 | | agency is a partnership, or an officer of the
corporation if | 19 | | such agency is a corporation, unless the written consent
of the | 20 | | Department of Labor shall first be obtained. Such consent may | 21 | | be
withheld for any reason for which an original application | 22 | | might have
been rejected, if the person in question had been | 23 | | mentioned therein. No
such change shall be permitted until the | 24 | | written consent of the surety
or sureties on the bond required | 25 | | to be filed by Section 2 of this Act,
to such change, be filed | 26 | | with the original bond. The Department shall be
notified |
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| 1 | | immediately of any change in the management of the agency so | 2 | | that
at all times the identity of the person charged with the | 3 | | general management
of the agency shall be known by the | 4 | | Department. Licensee may promote
persons within its agency or | 5 | | change the titles and duties of existing
agency personnel other | 6 | | than the General Manager without notice to the
Department.
| 7 | | Each applicant for a license shall file with the | 8 | | application a
schedule of fees, charges and commissions, | 9 | | which he intends to charge
and collect for his services, | 10 | | together with a copy of all forms and
contracts to be used | 11 | | in the operation of the agency. Such schedule of
fees, | 12 | | charges and commissions may thereafter be changed by filing | 13 | | with
the Department of Labor an amended or supplemental | 14 | | schedule, showing
such changes, at least 15 days before | 15 | | such change is to become
effective. Any change in forms or | 16 | | contracts must be filed with the
Department of Labor at | 17 | | least 15 days before such change is to become
effective. | 18 | | Such schedule of fees to be charged shall be posted in a
| 19 | | conspicuous place in each room of such agency where | 20 | | applicants are
interviewed and such schedule of fees shall | 21 | | be printed in not less than
30 point bold faced-type. | 22 | | Agencies which deal exclusively with employer
paid fees | 23 | | shall not be required to post said schedule of fees. The
| 24 | | Department may by regulation require contracts to contain | 25 | | definitions of
terms used in such contracts to eliminate | 26 | | ambiguity.
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| 1 | | It shall be unlawful for any employment agency to charge, | 2 | | collect or
receive a greater compensation for any service | 3 | | performed by it than is
specified in such schedule filed with | 4 | | the Department of Labor. It shall
be unlawful for any | 5 | | employment agency to collect or attempt to collect
any | 6 | | compensation for any service not specified in the schedule of | 7 | | fees
filed with the department.
| 8 | | (Source: P.A. 85-1408; 86-1043.)
| 9 | | (225 ILCS 515/1.5 new) | 10 | | Sec. 1.5. Application for license; application fees; | 11 | | disclosure of fees, charges, and commissions; investigation of | 12 | | applicants; renewal of license; changes in structure and | 13 | | management of licensees. | 14 | | (a) The applicant for a license shall furnish to the | 15 | | Department the following: | 16 | | (1) An affidavit stating that he has never been a party | 17 | | to any fraud, has no jail or prison record, belongs to no | 18 | | subversive societies, is of good moral character, has | 19 | | business integrity and is financially responsible. In | 20 | | determining moral character and qualification for | 21 | | licensing, the Department may take into consideration any | 22 | | criminal conviction of the applicant, but such a conviction | 23 | | shall not operate as a bar to licensing. | 24 | | (2) A completed application, on a form provided by the | 25 | | Department, that includes the name of the person, |
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| 1 | | corporation, or other entity applying for the license; the | 2 | | location at which the person intends to conduct business; | 3 | | the type of employment services provided; and a disclosure | 4 | | of any other pecuniary interests held by the entity | 5 | | applying for the license. | 6 | | (3) An application fee. The application fee for such | 7 | | license shall be $250 annually for persons operating an | 8 | | agency with less than 3 employment counsellors; $350 | 9 | | annually for persons operating an agency with from 3 to 5 | 10 | | employment counsellors; $400 annually for persons | 11 | | operating an agency employing from 6 to 10 employment | 12 | | counsellors; and $599 annually for persons operating an | 13 | | agency employing in excess of 10 employment counsellors. | 14 | | The application fee is nonrefundable. | 15 | | (4) A schedule of fees, charges, and commissions, which | 16 | | the employment agency intends to charge and collect for its | 17 | | services, together with a copy of all forms and contracts | 18 | | that the agency intends to be used in the operation of the | 19 | | agency. Such schedule of fees, charges, and commissions may | 20 | | thereafter be changed by filing with the Department an | 21 | | amended or supplemental schedule showing such changes at | 22 | | least 15 days before such change is to become effective. | 23 | | Any change in forms or contracts must be filed with the | 24 | | Department of Labor at least 15 days before such change is | 25 | | going to become effective. Such schedule of fees to be | 26 | | charged shall be posted in a conspicuous place in each room |
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| 1 | | of such an agency where applicants are interviewed, in not | 2 | | less than 30 point bold-faced type. Agencies which deal | 3 | | exclusively with employer paid fees shall not be required | 4 | | to post said schedule of fees. The Department may by rule | 5 | | require contracts to contain definitions of terms used in | 6 | | such contracts to eliminate ambiguity. | 7 | | It shall be unlawful for any employment agency to charge, | 8 | | collect, or receive a greater compensation for any service | 9 | | performed by it than is specified in the schedule filed with | 10 | | the Department. It shall be unlawful for any employment agency | 11 | | to collect or attempt to collect any compensation for any | 12 | | service not specified in the schedule of fees filed with the | 13 | | Department. | 14 | | (b) Upon the filing of such application and supporting | 15 | | documentation, the Department
shall cause an investigation to | 16 | | be made as to the character and the business integrity and | 17 | | financial responsibility of the applicant and those mentioned | 18 | | in the application, and as to the fitness of the premises to be | 19 | | used. The application shall be rejected if the Department finds | 20 | | that any of the persons named in the application fail to | 21 | | demonstrate good moral character, business integrity and | 22 | | financial responsibility, if the premises are unfit, or if | 23 | | there is any good and sufficient reason within the meaning and | 24 | | purpose of this Act for rejecting such application. Unless the | 25 | | application shall be rejected for one or more of the causes | 26 | | specified above, it shall be granted. A detailed report of such |
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| 1 | | investigation and the action taken thereon shall be made in | 2 | | writing, signed by the investigator, and become a part of the | 3 | | official records of the Department. When at the time of filing | 4 | | the application, the applicant or any person mentioned in the | 5 | | application is employed as an employment counsellor by a | 6 | | licensed employment agency in this State, the Department shall | 7 | | notify the agency of this fact. | 8 | | (c) Once issued, a license may be renewed annually by | 9 | | furnishing the Department the required application fee, a | 10 | | letter from a surety stating that a sufficient bond is in | 11 | | force, and other documents necessary to complete the renewal. | 12 | | Failure to renew a license at its expiration date shall cause | 13 | | the license to lapse and it may only be reinstated by a new | 14 | | application. | 15 | | (d) No license shall be transferrable, but a licensee may, | 16 | | with the approval of the Department, make changes in the | 17 | | structure of the business entity operating the agency, but no | 18 | | licensee shall permit any person not mentioned in the original | 19 | | application for a license to become a partner if such agency is | 20 | | a partnership, or an officer of the corporation if such agency | 21 | | is a corporation, unless the written consent of the Department | 22 | | of Labor shall first be obtained. Such consent may be withheld | 23 | | for any reason for which an original application might have | 24 | | been rejected, if the person in question had been mentioned | 25 | | therein. No such change shall be permitted until the written | 26 | | consent of the surety or sureties on the bond required to be |
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| 1 | | filed by Section 2 of this Act, to such change, is filed with | 2 | | the original bond. The Department shall be notified immediately | 3 | | of any change in the management of the agency so that at all | 4 | | times the identity of the person charged with the general | 5 | | management of the agency shall be known by the Department. A | 6 | | licensee may promote persons within its agency or change the | 7 | | titles and duties of existing agency personnel, other than the | 8 | | general manager, without notice to the Department.
| 9 | | (225 ILCS 515/3) (from Ch. 111, par. 903)
| 10 | | Sec. 3. Records. It shall be the duty of every such | 11 | | licensed person to
keep a complete record in the English | 12 | | language of all orders for employees
which are received from | 13 | | prospective employers. Upon request of the Department,
a | 14 | | licensee shall verify the date when the order was received, the | 15 | | name of the
person recording the job order, the name and | 16 | | address of the employer seeking
the services of an employee, | 17 | | the name of the person placing the order, the kind
of employee | 18 | | requested, the qualifications required in the employee, the | 19 | | salary
or wages to be paid if known, and the possible duration | 20 | | of the job. Prior to
the placement of any job advertisement, an | 21 | | employment agency must have a
current, bona fide job order, and | 22 | | must maintain a copy of both the
advertisement and the job | 23 | | order in a register established specially for that
purpose. The | 24 | | term "current, bona fide job order" shall be
defined as a job | 25 | | order obtained by the employment agency within 30 days prior
to |
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| 1 | | the placement of the advertisement. A job order must be renewed | 2 | | after 45
days and must be annotated with the name of the | 3 | | representative of the
prospective employer who authorized the | 4 | | renewal and the date on which
the renewal was authorized.
| 5 | | Such employment agency shall also keep a complete record in | 6 | | the
English language of each applicant to whom employment is | 7 | | offered or
promised and who is sent out by the agency to secure | 8 | | a job or interview.
This record, which shall be called the | 9 | | Applicant's Record, shall contain
the date when the applicant | 10 | | was sent out for the job or interview, the
name of the | 11 | | applicant, the name and address of the person or firm to
whom | 12 | | sent, the type of job offered and the wages or salary proposed | 13 | | to
be paid if known.
| 14 | | The agency shall also keep a record of all payments to it | 15 | | of any and
all placement fees received and refunded. This | 16 | | record shall be called a
Fee Transaction record. It shall | 17 | | contain the date of each transaction,
the name of the person | 18 | | making the remittance, the amount paid, a
designation | 19 | | indicating whether the amount paid is in full or on account,
| 20 | | the receipt number and the date and the amount of any refund.
| 21 | | Notwithstanding the provisions of this Act concerning the | 22 | | records
required to be kept by employment agencies, the | 23 | | Director of Labor may by
regulation permit teachers' agencies, | 24 | | medical agencies, nurses'
registries, theatrical agencies, | 25 | | contract labor agencies, baby sitter
agencies and such other | 26 | | agencies of a like nature who serve the needs of
a specialized |
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| 1 | | class of workers, to keep such records concerning job
orders, | 2 | | listing of placed applicants, listing of available applicants
| 3 | | and payments of fees by either the employer or the employee as | 4 | | the
Department by regulation may approve.
| 5 | | The aforesaid records shall be kept in the agency for 3 | 6 | | years one year and shall
be open during office hours to | 7 | | inspection by the Department and its duly
qualified agents , or | 8 | | produced in response to a subpoena issued by the Attorney | 9 | | General in accordance with Section 10-104 of the Illinois Human | 10 | | Rights Act . No such licensee, or his employee, shall knowingly | 11 | | make
any false entry in such records. It is a violation of this | 12 | | Act to falsify or fail to keep any of the aforesaid records.
| 13 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 14 | | (225 ILCS 515/11) (from Ch. 111, par. 914)
| 15 | | Sec. 11. Definitions. When used in this Act, unless the | 16 | | context
indicates otherwise:
| 17 | | The term "employment agency" means any person engaged for | 18 | | gain or profit
in the business of placing, referring, securing , | 19 | | or attempting to secure employment for persons
seeking | 20 | | employment , or in finding employees for employers. However, the | 21 | | term
"employment agency" shall not include any person engaged | 22 | | in the business of consulting or recruiting, and who in
the
| 23 | | course of such business is
compensated solely by any employer | 24 | | to identify, appraise, or
recommend
an
individual or | 25 | | individuals who are at least 18 years of age or who hold a high
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| 1 | | school diploma for consideration for a position, provided that | 2 | | in no
instance is the individual who is identified, appraised, | 3 | | or recommended for
consideration for such position charged a | 4 | | fee directly or indirectly in
connection with such | 5 | | identification, appraisal, or recommendation, or for
| 6 | | preparation of any resume, or on account of any other personal | 7 | | service
performed by the person engaged in the business of | 8 | | consulting or recruiting; but this exclusion is not applicable | 9 | | to
theatrical employment agencies or domestic service | 10 | | employment agencies.
| 11 | | The term "employer" means any person employing or seeking | 12 | | to employ any
person for hire.
| 13 | | The term "employee" means any person performing or seeking | 14 | | to perform
work or services of any kind or character whatsoever | 15 | | for hire.
| 16 | | The term "person" means any person, firm, association, | 17 | | partnership , limited liability company, association, or
| 18 | | corporation , or other legal entity or its legal | 19 | | representatives, agents, or assigns .
| 20 | | The term "employment counsellor" means employees of any | 21 | | employment agency
who interview, counsel, or advise applicants | 22 | | or employers or both on
employment or allied problems, or who | 23 | | make or arrange contracts or contacts
between employers and | 24 | | employees. The term "employment counsellor" includes
employees | 25 | | who solicit orders for employees from prospective employers.
| 26 | | The term "acceptance" means a mutual agreement, verbal or |
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| 1 | | written,
between employee and employer as to starting salary, | 2 | | position, time and
place of employment.
| 3 | | The term "applicant" means any person who uses the services | 4 | | of an
employment agency to secure employment for himself.
| 5 | | The term "department" means the Department of Labor.
| 6 | | The term "Director" means the Director of the Department of | 7 | | Labor.
| 8 | | The term "fee" means money or a promise to pay money. The | 9 | | term "fee"
also means and includes the excess of money received | 10 | | by any such licensee
over what he has paid for transportation, | 11 | | transfer of baggage, or lodging,
for any applicant for | 12 | | employment. The term "fee" also means and includes
the | 13 | | difference between the amount of money received by any person, | 14 | | who
furnishes employees or performers for any entertainment, | 15 | | exhibition or
performance, and the amount paid by the person | 16 | | receiving the amount of
money to the employees or performers | 17 | | whom he hires to give such
entertainment, exhibition or | 18 | | performance.
| 19 | | The term "privilege" means and includes the furnishing of | 20 | | food,
supplies, tools or shelter to contract laborers, commonly | 21 | | known as
commissary privileges.
| 22 | | The term "theatrical employment agency" means and includes | 23 | | the business
of conducting an agency, bureau, office or any | 24 | | other place for the purpose
of procuring or offering, promising | 25 | | or attempting to provide engagements
for persons who want | 26 | | employment in the following occupations: circus,
vaudeville, |
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| 1 | | theatrical and other entertainment, or exhibitions, or
| 2 | | performances, or of giving information as to where such | 3 | | engagements may be
procured or provided, whether such business | 4 | | is conducted in a building, on
the street, or elsewhere.
| 5 | | The term "theatrical engagement" means and includes any | 6 | | engagement or
employment of a person as an actor, performer, or | 7 | | entertainer, in a circus,
vaudeville, theatrical or any other | 8 | | entertainment, exhibition or
performance.
| 9 | | The term "emergency engagement" means and includes any | 10 | | engagement that
is to be performed within 24 hours of the time | 11 | | such application was made by
an employer.
| 12 | | The term "domestic service" means household work in the | 13 | | home of the
employer and includes, but is not limited to, work | 14 | | as a maid, cook, butler,
gardener, chauffeur, housekeeper or | 15 | | babysitter.
| 16 | | (Source: P.A. 89-295, eff. 8-11-95.)
| 17 | | (225 ILCS 515/12) (from Ch. 111, par. 915)
| 18 | | Sec. 12. Enforcement of Act; hearing procedure; | 19 | | disciplinary actions; certification of records and costs; | 20 | | action to force compliance with a valid order. | 21 | | (a) The enforcement of this Act shall be entrusted to the | 22 | | Department of
Labor, which shall appoint such inspectors and | 23 | | officers as it may deem
necessary to carry out the provisions | 24 | | of this Act. The Director of Labor or his authorized | 25 | | representative shall have the power to conduct investigations |
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| 1 | | in connection with the administration and enforcement of this | 2 | | Act, and any investigator with the Department shall be | 3 | | authorized to visit and inspect such places and records as the | 4 | | Director of Labor may deem necessary or appropriate to | 5 | | determine if there has been a violation of this Act. | 6 | | (b) The Director of Labor
or his designated representative | 7 | | shall have the power and authority to conduct
hearings in | 8 | | accordance with "The Illinois Administrative Procedure Act",
| 9 | | as now or hereafter amended, upon complaint by an authorized | 10 | | officer of
the Department of Labor or any interested person of | 11 | | a violation of the Act
or the rules and regulations of the | 12 | | Department of Labor.
The Director of Labor or his duly | 13 | | qualified
assistants shall have the power to issue subpoenas | 14 | | requiring the
attendance of witnesses and the production of | 15 | | books and papers pertinent
to such hearing, and to administer | 16 | | oaths to such witnesses. If any
witness refuses to obey a | 17 | | subpoena issued hereunder, the Director of
Labor may petition | 18 | | the circuit court of the county in which the hearing
is held | 19 | | for an order requiring the witness to attend and testify or
| 20 | | produce documentary evidence. The circuit court shall hear the | 21 | | petition
and if it appears that the witness should testify or | 22 | | should produce
documentary evidence, it may enter an order | 23 | | requiring the witness to
obey the subpoena. The court may | 24 | | compel obedience by attachment
proceedings as for contempt of | 25 | | court. A calendar of all such hearings
shall be kept by the | 26 | | Department of Labor, and shall be posted in a
conspicuous place |
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| 1 | | in its public office for at least one day before the
date of | 2 | | such hearing. The result of such hearing shall be rendered
| 3 | | within 30 days from the time the matter is finally submitted. | 4 | | (c) After the hearing, if supported by the evidence, the | 5 | | The
Director of Labor may : | 6 | | (1) issue and cause to be served on any party to a | 7 | | formal
hearing if supported by the evidence an order to | 8 | | cease and desist from violation
of the Act ; , | 9 | | (2) take such further affirmative or other action as | 10 | | deemed reasonable
to eliminate the effect of the | 11 | | violation ; , | 12 | | (3)
refuse to issue and may revoke or suspend any
| 13 | | license ; and for any good cause shown within the meaning | 14 | | and purpose of this
Act. | 15 | | (4) determine the amount of any civil penalty permitted | 16 | | by this Act. When it is shown to the satisfaction of the | 17 | | Director of Labor
that any person is guilty of any immoral, | 18 | | fraudulent or illegal conduct
in connection with the | 19 | | conduct of the business, it shall be the duty of
the | 20 | | Director of Labor to revoke or suspend the license of such | 21 | | person,
but notice of such charges shall be presented and | 22 | | reasonable opportunity
shall be given the licensee to | 23 | | defend himself in the manner and form
heretofore provided | 24 | | in this Section of the Act. | 25 | | Whenever the Director
of Labor shall issue an order after | 26 | | hearing as provided in this Section,
refuse to issue, or revoke |
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| 1 | | the license of any such
employment agency or employment | 2 | | counsellor, the determination shall be reviewable
under and in | 3 | | accordance with
the provisions of the
Administrative Review | 4 | | Law. | 5 | | (d) The Department
shall certify the record of its | 6 | | proceedings if the party commencing the
proceedings shall pay | 7 | | to it the cost of preparing and certifying such
records, | 8 | | including the recording and transcribing of all testimony
| 9 | | introduced in the proceedings. If payment for such costs is not | 10 | | made by
the party commencing the proceedings for review within | 11 | | 10 days after
notice from the Department of the cost of | 12 | | preparing and certifying the
record, the court in which the | 13 | | proceeding is pending, on motion of the
Director, shall dismiss | 14 | | the complaint. Whenever, for any cause such
license is revoked, | 15 | | the revocation shall not take effect until 7 days
after such | 16 | | revocation is officially announced; and such revocation shall
| 17 | | be considered good cause for refusing to issue another license | 18 | | to the
person or his representative, or to any person with whom | 19 | | he is to be
associated in the business of furnishing employment | 20 | | or employees. | 21 | | (e)
Whenever it appears that any employment agency has | 22 | | violated a valid order
of the Director of Labor issued under | 23 | | this Act, the Director may commence
an action and obtain from | 24 | | the court an order upon the employment agency
commanding the | 25 | | employment agency to obey the order of the Director or be
| 26 | | adjudged guilty of contempt of court and punished accordingly.
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| 1 | | Any person who violates any provisions of this Act, except as | 2 | | provided in
Sections 1, 4 and 10, commits a business offense, | 3 | | and shall be fined up
to $1000. The Department of Labor or its | 4 | | duly authorized agents may
institute criminal proceedings for | 5 | | its enforcement in the circuit court.
| 6 | | (Source: P.A. 82-783.)
| 7 | | (225 ILCS 515/12.2 new) | 8 | | Sec. 12.2. Civil penalties for violations of the Act; | 9 | | hearing procedure. | 10 | | (a) An employment agency that violates any of the | 11 | | provisions of this Act or any rule adopted under this Act shall | 12 | | be subject to a civil penalty not to exceed $6,000 for | 13 | | violations found in the first audit by the Department. | 14 | | Following a first audit, an employment agency shall be subject | 15 | | to a civil penalty not to exceed $2,500 for each repeat | 16 | | violation found by the Department within 3 years. For purposes | 17 | | of this subsection (a), each violation of this Act, for each | 18 | | day the violation continues, shall constitute a separate and | 19 | | distinct violation. In determining the amount of a penalty, the | 20 | | Director of Labor shall consider the appropriateness of the | 21 | | penalty to the employment agency or employer charged, upon the | 22 | | determination of the gravity of the violations. For any | 23 | | violation determined by the Department to be willful which is | 24 | | within 3 years of an earlier violation, the Department may | 25 | | revoke the license of the violator, if the violator is an |
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| 1 | | employment agency. | 2 | | (b) An employment agency that willfully violates any of the | 3 | | provisions of this Act or any rule adopted under this Act, or | 4 | | obstructs the Department, its inspectors or deputies, or any | 5 | | other person authorized to inspect places of employment under | 6 | | this Act shall be liable for penalties up to double the | 7 | | statutory amount. | 8 | | (c) The Director of Labor may adopt rules in accordance | 9 | | with Section 12 of this Act for the conduct of hearings and | 10 | | collection of penalties assessed under this Section. Penalties | 11 | | assessed under this Section, when determined, may be recovered | 12 | | in a civil action brought by the Director of Labor in any | 13 | | circuit court. In any such action, the Director of Labor shall | 14 | | be represented by the Attorney General. | 15 | | (225 ILCS 515/12.3 new) | 16 | | Sec. 12.3. Violations of the Illinois Minimum Wage Law and | 17 | | the Wage Payment and Collection Act. | 18 | | (a) It is a violation of this Act for an employment agency | 19 | | to refer an individual for employment at a wage rate less than | 20 | | that established by Section 4 of the Illinois Minimum Wage Law, | 21 | | or to facilitate underpayment of wages by an employer in any | 22 | | manner. An employment agency that knowingly refers an | 23 | | individual for employment at less than the minimum wage that | 24 | | results in underpayment to an employee is jointly liable for | 25 | | statutory damages as provided for in Section 12 the Illinois |
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| 1 | | Minimum Wage Law. | 2 | | (b) It is a violation of this Act for an employment agency | 3 | | to facilitate illegal deductions from wages or nonpayment of | 4 | | wages by an employer in violation of the Wage Payment and | 5 | | Collection Act. An employment agency that facilitates illegal | 6 | | deduction of wages or nonpayment of wages is jointly liable for | 7 | | statutory damages as provided for in Section 14 of the Wage | 8 | | Payment and Collection Act. | 9 | | (225 ILCS 515/12.4 new) | 10 | | Sec. 12.4. Employer violations of Act; civil penalties; | 11 | | hearing procedure. | 12 | | (a) It is a violation of this Act for an employer to accept | 13 | | a referral of an individual for employment from an employment | 14 | | agency not licensed under Section 1.5 of this Act. An employer | 15 | | has a duty to verify an employment agency's status with the | 16 | | Department before entering into a contract with such an agency, | 17 | | and on March 1 and September 1 of each year. An employment | 18 | | agency shall be required to provide each of its employers with | 19 | | proof of a valid license issued by the Department at the time | 20 | | of entering into a contract. An employment agency shall be | 21 | | required to notify, both by telephone and in writing, each | 22 | | employer with whom it contracts within 24 hours of any denial, | 23 | | suspension, or revocation of its license by the Department. All | 24 | | contracts between any employment agency and any employer shall | 25 | | be considered null and void from the date any such denial, |
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| 1 | | suspension, or revocation of registration becomes effective | 2 | | and until such time as the employment agency becomes registered | 3 | | and considered in good standing by the Department. The | 4 | | Department shall provide on the Internet a list of entities | 5 | | registered as employment agencies, as provided for in Section 1 | 6 | | of this Act. An employer may rely on information provided by | 7 | | the Department or maintained on the Department's website | 8 | | pursuant to Section 1 of this Act and shall be held harmless if | 9 | | such information maintained or provided by the Department was | 10 | | inaccurate. | 11 | | (b) Any employer that violates this Section is subject to a | 12 | | civil penalty not to exceed $500. Each day during which a | 13 | | employer contracts with an employment agency not registered | 14 | | under Section 1.5 of this Act shall constitute a separate and | 15 | | distinct offense. | 16 | | (c) The Director of Labor may adopt rules for the conduct | 17 | | of hearings and collection of these penalties assessed under | 18 | | this Section in accordance with Section 12 of this Act. The | 19 | | amount of these penalties, when finally determined, may be | 20 | | recovered in a civil action brought by the Director of Labor in | 21 | | any circuit court. In any such action, the Director of Labor | 22 | | shall be represented by the Attorney General. | 23 | | (225 ILCS 515/12.5 new) | 24 | | Sec. 12.5. Employment agency retaliation against | 25 | | employees; civil penalties; right of private suit. |
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| 1 | | (a) It is a violation of this Act for a private employment | 2 | | agency, or any agent of a private employment agency, to | 3 | | retaliate in any manner against any employee for exercising any | 4 | | rights granted under this Act or any rights granted by the wage | 5 | | laws of this State. Specifically, it is a violation of this Act | 6 | | for a private employment agency or employer to retaliate | 7 | | against an employee for: | 8 | | (1) making a complaint to an employment agency, to an | 9 | | employer, to a co-worker, to a community organization, | 10 | | before a public hearing, or to a State or federal agency | 11 | | that rights guaranteed under this Act or any wage law of | 12 | | this State have been violated; | 13 | | (2) causing to be instituted any proceeding under or | 14 | | related to this Act or any wage law of this State; or | 15 | | (3) testifying or preparing to testify in an | 16 | | investigation or proceeding under this Act or any wage law | 17 | | of this State. | 18 | | (b) Such retaliation shall subject an employment agency to | 19 | | civil penalties pursuant to Section 12.1 of this Act. The | 20 | | Director may adopt rules for the conduct of hearings and | 21 | | collection of these penalties assessed under this Section in | 22 | | accordance with Section 12 of this Act. | 23 | | (c) An individual who is retaliated against in violation of | 24 | | this Section may, alternately, bring a private suit to recover | 25 | | all legal or equitable relief as may be appropriate and | 26 | | attorney's fees and costs. Such a suit must be brought in the |
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| 1 | | circuit court of Illinois in the county where the alleged | 2 | | offense occurred or where the employment agency is located. The | 3 | | right of an aggrieved individual to bring an action under this | 4 | | Section terminates upon the passing of 3 years from the date of | 5 | | referral by the employment agency. This limitations period is | 6 | | tolled if the employment agency has deterred the employee's | 7 | | exercise of rights under this Act. | 8 | | (225 ILCS 515/12.6 new) | 9 | | Sec. 12.6. Wage Theft Enforcement Fund. All moneys received | 10 | | as fees and civil penalties under this Act shall be deposited | 11 | | into the Wage Theft Enforcement Fund established under the | 12 | | Illinois Wage Payment and Collection Act.
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