Full Text of HB0690 100th General Assembly
HB0690ham001 100TH GENERAL ASSEMBLY | Rep. Carol Ammons Filed: 3/9/2017
| | 10000HB0690ham001 | | LRB100 00003 JLS 23276 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 690
| 2 | | AMENDMENT NO. ______. Amend House Bill 690 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Day and Temporary Labor Services Act is | 5 | | amended by changing Sections 2, 5, 10, 12, 20, 30, 40, 45, 85, | 6 | | 90, and 95 as follows: | 7 | | (820 ILCS 175/2)
| 8 | | Sec. 2. Legislative Findings.
The General Assembly finds | 9 | | as follows: | 10 | | Over 300,000 workers work as day or temporary laborers in | 11 | | Illinois. | 12 | | Approximately 150 day labor and temporary labor service | 13 | | agencies with nearly 600 branch offices are licensed throughout | 14 | | Illinois. In addition, there is a large, though unknown, number | 15 | | of unlicensed day labor and temporary labor service agencies | 16 | | that operate outside the radar of law enforcement. |
| | | 10000HB0690ham001 | - 2 - | LRB100 00003 JLS 23276 a |
|
| 1 | | Recent studies and a survey of low-wage day or temporary | 2 | | laborers themselves finds that as a group, they are | 3 | | particularly vulnerable to abuse of their labor rights, | 4 | | including unpaid wages, failure to pay for all hours worked, | 5 | | minimum wage and overtime violations, and unlawful deduction | 6 | | from pay for meals, transportation, equipment and other items | 7 | | as well as discriminatory practices . | 8 | | Current law is inadequate to protect the labor and | 9 | | employment rights of these workers. | 10 | | At the same time, in Illinois and in other states, | 11 | | democratically run nonprofit day labor centers, which charge no | 12 | | fee for their services, have been established to provide an | 13 | | alternative for day or temporary laborers to solicit work on | 14 | | street corners. These centers are not subject to this Act.
| 15 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 16 | | (820 ILCS 175/5)
| 17 | | Sec. 5. Definitions. As used in this Act:
| 18 | | "Day or temporary laborer" means an individual a natural | 19 | | person who contracts
for employment
with a day and temporary | 20 | | labor service agency.
| 21 | | "Day and temporary labor" means work performed by a day or | 22 | | temporary laborer at a third party client, the duration of | 23 | | which may be specific or undefined, pursuant to a contract or | 24 | | understanding between the day and temporary labor service | 25 | | agency and the third party client.
"Day and temporary labor" |
| | | 10000HB0690ham001 | - 3 - | LRB100 00003 JLS 23276 a |
|
| 1 | | does not include labor or employment of
a professional or
| 2 | | clerical nature.
| 3 | | "Day and temporary labor service agency" means any person | 4 | | or
entity engaged in
the business of employing day or temporary | 5 | | laborers to provide
services, for a fee, to or for any
third | 6 | | party client pursuant to a contract with the day and temporary
| 7 | | labor service agency and
the third party client.
| 8 | | "Department" means the Department of Labor.
| 9 | | "Third party client" means any person that contracts with a
| 10 | | day and temporary labor
service agency for obtaining day or | 11 | | temporary laborers.
| 12 | | "Person" means every natural person, firm, partnership, | 13 | | co-partnership, limited liability company, corporation, | 14 | | association, business trust, or other legal entity, or its | 15 | | legal representatives, agents, or assigns.
| 16 | | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
| 17 | | (820 ILCS 175/10)
| 18 | | Sec. 10. Employment Notice.
| 19 | | (a) Whenever a day and temporary labor service agency | 20 | | agrees
to send one or more persons to work as day or temporary | 21 | | laborers,
the day and temporary labor service
agency shall | 22 | | provide to each day or temporary laborer, at the time of | 23 | | dispatch, a
statement containing the following items on a form | 24 | | approved by the Department: | 25 | | (1) the name of the day or temporary laborer; |
| | | 10000HB0690ham001 | - 4 - | LRB100 00003 JLS 23276 a |
|
| 1 | | (2) the name and nature of the work to be
performed; | 2 | | (3) the
wages
offered; | 3 | | (4) the name and address of the destination of each day | 4 | | or temporary laborer; | 5 | | (5) terms of transportation;
and | 6 | | (6) whether a meal or equipment, or both, are provided, | 7 | | either by the
day and temporary labor service
agency or the | 8 | | third party client, and the cost of the meal and equipment, | 9 | | if any ; | 10 | | (7) for multi-day assignments, the schedule; and | 11 | | (8) the length of the assignment. | 12 | | In the event of a change in the schedule, shift, or | 13 | | location of an assignment for a multi-day assignment of a day | 14 | | or temporary laborer, the day and temporary labor service | 15 | | agency shall provide written notice of such change not less | 16 | | than 48 hours in advance to the day or temporary laborer, where | 17 | | possible. The day and temporary labor service agency shall bear | 18 | | the burden of showing it was not possible to provide such | 19 | | notice where required .
| 20 | | If a day or temporary laborer is assigned to the same | 21 | | assignment for more than one day, the day and temporary labor | 22 | | service agency is required to provide the employment notice | 23 | | only on the first day of the assignment and on any day that any | 24 | | of the terms listed on the employment notice are changed.
| 25 | | If the day or temporary laborer is not placed with a third | 26 | | party client or otherwise contracted to work for that day, the |
| | | 10000HB0690ham001 | - 5 - | LRB100 00003 JLS 23276 a |
|
| 1 | | day and temporary labor service agency shall, upon request, | 2 | | provide the day and temporary laborer with a confirmation that | 3 | | the day or temporary laborer sought work, signed by an employee | 4 | | of the day and temporary labor service agency, which shall | 5 | | include the name of the agency, the name and address of the day | 6 | | or temporary laborer, and the date and the time that the day or | 7 | | temporary laborer receives the confirmation.
| 8 | | (b) No day and temporary labor service agency may send any
| 9 | | day or temporary laborer to any place
where a strike, a | 10 | | lockout, or other labor trouble exists.
| 11 | | (c) The
Department shall recommend to day and temporary | 12 | | labor service
agencies that those agencies
employ personnel who | 13 | | can effectively
communicate information required in | 14 | | subsections (a) and (b) to day or
temporary laborers in
| 15 | | Spanish, Polish, or any other language that is generally | 16 | | understood in the locale of
the day and temporary labor service | 17 | | agency.
| 18 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 19 | | (820 ILCS 175/12)
| 20 | | Sec. 12. Recordkeeping. | 21 | | (a) Whenever a day and temporary labor service agency sends | 22 | | one or more persons to work as day or temporary laborers, the | 23 | | day and temporary labor service agency shall keep the following | 24 | | records relating to that transaction : | 25 | | (1) the name, address and telephone number of each |
| | | 10000HB0690ham001 | - 6 - | LRB100 00003 JLS 23276 a |
|
| 1 | | third party client, including each worksite, to which day | 2 | | or temporary laborers were sent by the agency and the date | 3 | | of the transaction; | 4 | | (2) for each day or temporary laborer: the name and | 5 | | address, the specific location sent to work, the type of | 6 | | work performed, the number of hours worked, the hourly rate | 7 | | of pay and the date sent. The term "hours worked" has the | 8 | | meaning ascribed to that term in 56 Ill. Adm. Code 210.110 | 9 | | and in accordance with all applicable rules or court | 10 | | interpretations under 56 Ill. Adm. Code 210.110. The third | 11 | | party client shall be required to remit all information | 12 | | required under this subsection to the day and temporary | 13 | | labor service agency no later than 7 days following the | 14 | | last day of the work week worked by the day or temporary | 15 | | laborer. Failure of a third party client to remit such | 16 | | information to a day and temporary labor service agency | 17 | | shall not be a defense to the recordkeeping requirement of | 18 | | this Section; | 19 | | (3) the name and title of the individual or individuals | 20 | | at each third party client's place of business responsible | 21 | | for the transaction; | 22 | | (4) any specific qualifications or attributes of a day | 23 | | or temporary laborer, requested by each third party client; | 24 | | (5) copies of all contracts, if any, with the third | 25 | | party client and copies of all invoices for the third party | 26 | | client; |
| | | 10000HB0690ham001 | - 7 - | LRB100 00003 JLS 23276 a |
|
| 1 | | (6) copies of all employment notices provided in | 2 | | accordance with subsection (a) of Section 10; | 3 | | (7) deductions to be made from each day or temporary | 4 | | laborer's compensation made by either the third party | 5 | | client or by the day and temporary labor service agency for | 6 | | the day or temporary laborer's transportation, food, | 7 | | equipment, withheld income tax, withheld social security | 8 | | payments and every other deduction; | 9 | | (8) verification of the actual cost of any equipment or | 10 | | meal charged to a day or temporary laborer; | 11 | | (9) the race and gender of each day or temporary | 12 | | laborer sent by the day and temporary labor service agency, | 13 | | as provided by the day or temporary laborer;
and | 14 | | (10) any additional information required by rules | 15 | | issued by the Department. | 16 | | (b) The day and temporary labor service agency shall | 17 | | maintain all records under this Section for a period of 3 years | 18 | | from their creation. The records shall be open to inspection by | 19 | | the Department during normal business hours. Records described | 20 | | in paragraphs (1), (2), (3), (6), (7), and (8) of subsection | 21 | | (a) shall be available for review or copying by that day or | 22 | | temporary laborer during normal business hours within 5 days | 23 | | following a written request. In addition, a day and temporary | 24 | | labor service agency shall make records related to the number | 25 | | of hours billed to a third party client for that individual day | 26 | | or temporary laborer's hours of work available for review or |
| | | 10000HB0690ham001 | - 8 - | LRB100 00003 JLS 23276 a |
|
| 1 | | copying during normal business hours within 5 days following a | 2 | | written request. The day and temporary labor service agency | 3 | | shall make forms, in duplicate, for such requests available to | 4 | | day or temporary laborers at the dispatch office. The day or | 5 | | temporary laborer shall be given a copy of the request form. It | 6 | | is a violation of this Section to make any false, inaccurate or | 7 | | incomplete entry into any record required by this Section, or | 8 | | to delete required information from any such record. Failure by | 9 | | the third party client to maintain and remit accurate time | 10 | | records to the day and temporary labor service agency as | 11 | | provided in paragraph (a)(2) shall constitute a notice | 12 | | violation by a third party client under Section 95 of this Act | 13 | | unless the third party client has been precluded from | 14 | | submitting such time records for reasons beyond its control. A | 15 | | failure by the third party client to provide time records in | 16 | | accordance with this subsection (b) shall not be a notice | 17 | | violation and shall not be the basis for a suit or other action | 18 | | under Section 95 of this Act against the day and temporary | 19 | | labor service agency.
| 20 | | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
| 21 | | (820 ILCS 175/20)
| 22 | | Sec. 20. Transportation. | 23 | | (a) A day and temporary labor service
agency or a third
| 24 | | party client or a contractor or agent of either shall charge no | 25 | | fee to transport a
day or temporary
laborer to or from the |
| | | 10000HB0690ham001 | - 9 - | LRB100 00003 JLS 23276 a |
|
| 1 | | designated work site. | 2 | | (b) A day and temporary labor service agency is responsible | 3 | | for the conduct and performance of any person who transports a | 4 | | day or temporary laborer from the agency to a work site, unless | 5 | | the transporter is: (1) a public mass transportation system as | 6 | | defined in Section 2 of the Local Mass Transit District Act; | 7 | | (2) a common carrier; (3) the day or temporary laborer | 8 | | providing his or her own transportation; or (4) selected | 9 | | exclusively by and at the sole choice of the day or temporary | 10 | | laborer for transportation in a vehicle not owned or operated | 11 | | by the day and temporary labor service agency. If any day and | 12 | | temporary labor service agency provides transportation to a day | 13 | | or temporary laborer or refers a day or temporary laborer as | 14 | | provided in subsection (c), the day and temporary labor service | 15 | | agency may not allow a motor vehicle to be used for the | 16 | | transporting of day or temporary laborers if the agency knows | 17 | | or should know that the motor vehicle used for the | 18 | | transportation of day or temporary laborers is unsafe or not | 19 | | equipped as required by this Act or by any rule adopted under | 20 | | this Act, unless the vehicle is: (1) the property of a public | 21 | | mass transportation system as defined in Section 2 of the Local | 22 | | Mass Transit District Act; (2) the property of a common | 23 | | carrier; (3) the day or temporary laborer's personal vehicle; | 24 | | or (4) a vehicle of a day or temporary laborer used to carpool | 25 | | other day or temporary laborers and which is selected | 26 | | exclusively by and at the sole choice of the day or temporary |
| | | 10000HB0690ham001 | - 10 - | LRB100 00003 JLS 23276 a |
|
| 1 | | laborer for transportation. | 2 | | (c) A day and temporary labor service agency may not refer | 3 | | a day or temporary laborer to any person for transportation to | 4 | | a work site unless that person is (1) a public mass | 5 | | transportation system as defined in Section 2 of the Local Mass | 6 | | Transit District Act or (2) providing the transportation at no | 7 | | fee. Directing the day or temporary laborer to accept a | 8 | | specific car pool as a condition of work shall be considered a | 9 | | referral by the day and temporary labor service agency. Any | 10 | | mention or discussion of the cost of a car pool shall be | 11 | | considered a referral by the agency. Informing a day or | 12 | | temporary laborer of the availability of a car pool driven by | 13 | | another day or temporary laborer shall not be considered a | 14 | | referral by the agency. | 15 | | (d) Any
motor vehicle that is owned or operated by the day
| 16 | | and temporary labor service agency or a
third party client, or | 17 | | a contractor or agent of either, or to which a day and | 18 | | temporary labor service agency refers a day or temporary | 19 | | laborer, which is used for the
transportation of day or | 20 | | temporary laborers shall have proof of
financial | 21 | | responsibility as
provided for in Chapter 8 of the Illinois | 22 | | Vehicle Code or as required by Department rules. The driver of | 23 | | the vehicle shall hold a valid license to operate motor | 24 | | vehicles in the correct classification and shall be required to | 25 | | produce the license immediately upon demand by the Department, | 26 | | its inspectors or deputies, or any other person authorized to |
| | | 10000HB0690ham001 | - 11 - | LRB100 00003 JLS 23276 a |
|
| 1 | | enforce this Act. The Department shall forward a violation of | 2 | | this subsection to the appropriate law enforcement authorities | 3 | | or regulatory agencies, whichever is applicable.
| 4 | | (e) No motor vehicle that is owned or operated by the day | 5 | | and temporary labor service agency or a third party client, or | 6 | | a contractor or agent of either, or to which a day and | 7 | | temporary labor service agency refers a day or temporary | 8 | | laborer, which is used for the transportation of day or | 9 | | temporary laborers may be operated if it does not have a seat | 10 | | and a safety belt for each passenger. The Department shall | 11 | | forward a violation of this subsection to the appropriate law | 12 | | enforcement authorities or regulatory agencies, whichever is | 13 | | applicable.
| 14 | | (f) If the day or temporary laborer is provided | 15 | | transportation from the point of application to the worksite by | 16 | | the hiring labor service agency operating pursuant to this Act, | 17 | | the day or temporary laborer shall also be provided | 18 | | transportation back to the point of application, unless the day | 19 | | or temporary laborer advises or agrees prior to leaving for the | 20 | | place of employment to obtain alternative transportation after | 21 | | the work shift is completed. | 22 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 23 | | (820 ILCS 175/30)
| 24 | | Sec. 30. Wage Payment and Notice.
| 25 | | (a) At the time of
payment of wages, a day and temporary
|
| | | 10000HB0690ham001 | - 12 - | LRB100 00003 JLS 23276 a |
|
| 1 | | labor service agency
shall provide each day or temporary | 2 | | laborer with a detailed
itemized
statement, on the day or | 3 | | temporary laborer's paycheck stub or on a form approved by the | 4 | | Department, listing the following: | 5 | | (1) the name, address, and telephone number of each | 6 | | third party client at which the day or temporary laborer | 7 | | worked. If this information is provided on the day or | 8 | | temporary laborer's paycheck stub, a code for each third | 9 | | party client may be used so long as the required | 10 | | information for each coded third party client is made | 11 | | available to the day or temporary laborer; | 12 | | (2) the number of hours worked by the day or temporary | 13 | | laborer at each third party client each day during the pay | 14 | | period. If the day or temporary laborer is assigned to work | 15 | | at the same work site of the same third party client for | 16 | | multiple days in the same work week, the day and temporary | 17 | | labor service agency may record a summary of hours worked | 18 | | at that third party client's worksite so long as the first | 19 | | and last day of that work week are identified as well. The | 20 | | term "hours worked" has the meaning ascribed to that term | 21 | | in 56 Ill. Adm. Code 210.110 and in accordance with all | 22 | | applicable rules or court interpretations under 56 Ill. | 23 | | Adm. Code 210.110; | 24 | | (3) the rate of payment for each hour worked, including | 25 | | any premium rate or bonus; | 26 | | (4) the total pay period earnings; |
| | | 10000HB0690ham001 | - 13 - | LRB100 00003 JLS 23276 a |
|
| 1 | | (5) all deductions made from the day or temporary | 2 | | laborer's compensation made either by the third party | 3 | | client or by the day and temporary labor service agency, | 4 | | and the purpose for which deductions were made, including | 5 | | for the day or temporary laborer's transportation, food, | 6 | | equipment, withheld income tax, withheld social security | 7 | | payments, and every other deduction; and | 8 | | (5.5) the current maximum amount of a placement fee | 9 | | which the day and temporary labor service agency may charge | 10 | | to a third party client to directly hire the day or | 11 | | temporary laborer pursuant to subsection (a) of Section 40; | 12 | | and | 13 | | (6) any additional information required by rules | 14 | | issued by the Department.
| 15 | | (a-1) For each day or temporary laborer who is contracted | 16 | | to work a single day, the third party client shall, at the end | 17 | | of the work day, provide such day or temporary laborer with a | 18 | | Work Verification Form, approved by the Department, which shall | 19 | | contain the date, the day or temporary laborer's name, the work | 20 | | location, and the hours worked on that day. Any third party | 21 | | client who violates this subsection (a-1) may be subject to a | 22 | | civil penalty not to exceed $500 for each violation found by | 23 | | the Department. Such civil penalty may increase to $2,500 for a | 24 | | second or subsequent violation. For purposes of this subsection | 25 | | (a-1), each violation of this subsection (a-1) for each day or | 26 | | temporary laborer and for each day the violation continues |
| | | 10000HB0690ham001 | - 14 - | LRB100 00003 JLS 23276 a |
|
| 1 | | shall constitute a separate and distinct violation.
| 2 | | (b) A day and temporary labor service agency shall provide | 3 | | each
worker an annual
earnings summary within a reasonable time | 4 | | after the preceding calendar
year, but in no case later than | 5 | | February 1. A day and temporary
labor service agency shall,
at | 6 | | the time of each wage payment, give notice to day or temporary | 7 | | laborers
of the
availability of the annual earnings summary or | 8 | | post such a notice in a
conspicuous place in the public | 9 | | reception area.
| 10 | | (c) At the request of a day or temporary
laborer, a day and | 11 | | temporary labor service agency shall
hold the daily wages of | 12 | | the day or temporary laborer and make
either weekly, bi-weekly, | 13 | | or semi-monthly
payments. The wages shall be paid in a single | 14 | | check, or, at the day or temporary laborer's sole option, by | 15 | | direct deposit or other manner approved by the Department, | 16 | | representing
the wages earned during the period, either weekly, | 17 | | bi-weekly, or semi-monthly,
designated by the day or temporary | 18 | | laborer in accordance with the
Illinois Wage Payment
and | 19 | | Collection Act. Vouchers or any other method of payment which | 20 | | is not generally negotiable shall be prohibited as a method of | 21 | | payment of wages. Day and temporary labor service agencies that
| 22 | | make daily wage
payments shall provide written notification to | 23 | | all day or temporary
laborers of the right to
request weekly, | 24 | | bi-weekly, or semi-monthly checks. The day and temporary
labor | 25 | | service agency may
provide this notice by conspicuously posting | 26 | | the notice at the location
where the wages are received by the |
| | | 10000HB0690ham001 | - 15 - | LRB100 00003 JLS 23276 a |
|
| 1 | | day or temporary laborers.
| 2 | | (d) No day and temporary labor service agency shall charge | 3 | | any
day or temporary laborer for
cashing a check issued by the | 4 | | agency for wages earned by a
day or temporary laborer who
| 5 | | performed work through that agency. No day and temporary labor | 6 | | service agency or third party client shall charge any day or | 7 | | temporary laborer for the expense of conducting any consumer | 8 | | report, as that term is defined in the Fair Credit Reporting | 9 | | Act, 15 U.S.C. 1681a(d), any criminal background check of any | 10 | | kind, or any drug test of any kind.
| 11 | | (e) Day or temporary laborers shall be paid no less than | 12 | | the
wage rate stated in the
notice as provided in Section 10 of | 13 | | this Act for all the work performed on
behalf of the third | 14 | | party client in addition to the work listed in the
written | 15 | | description.
| 16 | | (f) The total amount deducted for meals, equipment, and | 17 | | transportation may not cause a day or temporary laborer's | 18 | | hourly wage to fall below the State or federal minimum wage. | 19 | | However, a day and temporary labor service agency may deduct | 20 | | the actual market value of reusable equipment provided to the | 21 | | day or temporary laborer by the day and temporary labor service | 22 | | agency which the day or temporary laborer fails to return, if | 23 | | the day or temporary laborer provides a written authorization | 24 | | for such deduction at the time the deduction is made. | 25 | | (g) A day or temporary laborer who is contracted by a day | 26 | | and temporary labor service agency to work at a third party |
| | | 10000HB0690ham001 | - 16 - | LRB100 00003 JLS 23276 a |
|
| 1 | | client's worksite but is not utilized by the third party client | 2 | | shall be paid by the day and temporary labor service agency for | 3 | | a minimum of 4 hours of pay at the agreed upon rate of pay. | 4 | | However, in the event the day and temporary labor service | 5 | | agency contracts the day or temporary laborer to work at | 6 | | another location during the same shift, the day or temporary | 7 | | laborer shall be paid by the day and temporary labor service | 8 | | agency for a minimum of 2 hours of pay at the agreed upon rate | 9 | | of pay.
| 10 | | (h) A third party client is required to pay wages and | 11 | | related payroll taxes to a licensed day and temporary labor | 12 | | service agency for services performed by the day or temporary | 13 | | laborer for the third party client according to payment terms | 14 | | outlined on invoices, service agreements, or stated terms | 15 | | provided by the day and temporary labor service agency. A third | 16 | | party client who fails to comply with this subsection (h) is | 17 | | subject to the penalties provided in Section 70 of this Act. | 18 | | The Department shall review a complaint filed by a licensed day | 19 | | and temporary labor agency. The Department shall review the | 20 | | payroll and accounting records of the day and temporary labor | 21 | | service agency and the third party client for the period in | 22 | | which the violation of this Act is alleged to have occurred to | 23 | | determine if wages and payroll taxes have been paid to the | 24 | | agency and that the day or temporary laborer has been paid the | 25 | | wages owed him or her. | 26 | | (Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
|
| | | 10000HB0690ham001 | - 17 - | LRB100 00003 JLS 23276 a |
|
| 1 | | (820 ILCS 175/40)
| 2 | | Sec. 40. Work Restriction , Placement Reporting, Health and | 3 | | Safety Training, and Equivalent Pay and Benefits . | 4 | | (a) No day and temporary labor service
agency shall
| 5 | | restrict the right of a day or temporary laborer to accept a
| 6 | | permanent position with a third
party client to whom the day or | 7 | | temporary laborer has been
referred for
work or restrict the | 8 | | right of such third party client to offer such
employment to a | 9 | | day or temporary laborer. A day and temporary labor service | 10 | | agency may charge a placement fee to a third party client for | 11 | | employing a day or temporary laborer for whom a contract for | 12 | | work was effected by the day and temporary labor service agency | 13 | | not to exceed the equivalent of the total daily commission rate | 14 | | the day and temporary labor service agency would have received | 15 | | over a 60-day period, reduced by the equivalent of the daily | 16 | | commission rate the day and temporary labor service agency | 17 | | would have received for each day the day or temporary laborer | 18 | | has performed work for the day and temporary labor service | 19 | | agency in the preceding 12 months. Days worked at a day and | 20 | | temporary labor service agency in the 12 months preceding the | 21 | | effective date of this amendatory Act of the 94th General | 22 | | Assembly
shall be included for purposes of calculating the | 23 | | maximum placement fee described in this Section. However, | 24 | | placement of a day or temporary laborer who is contracted by a | 25 | | day and temporary labor service agency to provide skilled labor |
| | | 10000HB0690ham001 | - 18 - | LRB100 00003 JLS 23276 a |
|
| 1 | | shall not be subject to any placement fee cap. For purposes of | 2 | | this Section, a day or temporary laborer who performs "skilled | 3 | | labor" shall apply only where the day and temporary labor | 4 | | service agency performs an advanced application process, a | 5 | | screening process, which may include processes such as advanced | 6 | | testing, and a job interview. Any day and temporary labor | 7 | | service agency which charges a placement fee to a third party | 8 | | client for employing a day or temporary laborer must include on | 9 | | the Wage Payment and Notice form of each affected day or | 10 | | temporary laborer the maximum amount of a fee that may be | 11 | | charged to a third party client by the day and temporary labor | 12 | | service agency. Failure to provide such information shall | 13 | | constitute a separate notice violation for each day the day and | 14 | | temporary labor service agency fails to provide the required | 15 | | information. No fee provided for under this Section may be | 16 | | assessed or collected by the day and temporary labor service | 17 | | agency when the day or temporary laborer is offered permanent | 18 | | work following the suspension or revocation of the day and | 19 | | temporary labor service agency's registration by the | 20 | | Department.
| 21 | | (b) Each year, at the time of registration with the | 22 | | Department as required by Section 45, each day and temporary | 23 | | labor service agency shall submit to the Department, on a form | 24 | | created by the Department, the number of day or temporary | 25 | | laborers such agency has placed in a permanent position
with a | 26 | | third party client in the preceding 12 months as well as the |
| | | 10000HB0690ham001 | - 19 - | LRB100 00003 JLS 23276 a |
|
| 1 | | percentage such permanent placements represent of the total | 2 | | number of day or temporary laborers contracted by the agency | 3 | | during the same period. Each day a day and temporary labor | 4 | | service agency fails to fully comply with the requirements of | 5 | | this subsection shall constitute a separate notice violation. | 6 | | (c) Any day or temporary laborer assigned to work at a | 7 | | third party client shall not be paid less than the same average | 8 | | rate of pay and equivalent benefits as a permanent employee of | 9 | | the third party client performing the same or substantially | 10 | | similar work on jobs the performance of which requires equal | 11 | | skill, effort, and responsibility, and which are performed | 12 | | under similar working conditions. Each violation of this | 13 | | subsection for each affected day or temporary laborer shall | 14 | | constitute a separate wage and hour violation. | 15 | | (d) Any day and temporary labor service agency and third
| 16 | | party client must comply with all applicable Occupational | 17 | | Safety and Health Administration (OSHA) standards for all day | 18 | | or temporary laborers including, but not limited to, | 19 | | recordkeeping, safety and health training, powered industrial | 20 | | trucks, bloodborne pathogens, hazard communications, personal | 21 | | protective equipment, whistleblower rights, and recordkeeping. | 22 | | Under OSHA, both third party clients and day and temporary | 23 | | service agencies are joint employers of day or temporary | 24 | | laborers, and are both responsible for providing and | 25 | | maintaining a safe work environment for these laborers. To | 26 | | ensure that OSHA standards are met for day or temporary |
| | | 10000HB0690ham001 | - 20 - | LRB100 00003 JLS 23276 a |
|
| 1 | | laborers, third party clients and temporary and day labor | 2 | | service agencies must implement the following actions laid out | 3 | | by OSHA in its Temporary Worker Initiative: | 4 | | (1) The day and temporary labor service agency and the | 5 | | third party client must set out their respective | 6 | | responsibilities for compliance with all relevant OSHA | 7 | | standards in their contract. | 8 | | (2) The tasks the day or temporary laborer is expected | 9 | | to perform, and the safety and health responsibilities of | 10 | | each employer as stated in the day and temporary labor | 11 | | service agency-third party client contract should be | 12 | | communicated to the laborer before the laborer begins work | 13 | | at the job site. | 14 | | (3) Day and temporary labor service agencies have a | 15 | | duty to inquire into the conditions of their laborers' | 16 | | assigned workplaces at third party clients. They must | 17 | | ensure that they are sending laborers to a safe workplaces. | 18 | | (4) Ignorance of hazards is not an excuse. | 19 | | (5) Day and temporary labor service agencies must | 20 | | determine what conditions exist at their third party | 21 | | clients, what hazards may be encountered, and how best to | 22 | | ensure protection for the day or temporary laborers. | 23 | | (6) The day and temporary labor service agency has the | 24 | | duty to inquire and verify that the third party client has | 25 | | fulfilled its responsibilities for a safe workplace. | 26 | | (7) Third party clients must provide day or temporary |
| | | 10000HB0690ham001 | - 21 - | LRB100 00003 JLS 23276 a |
|
| 1 | | laborers with the identical OSHA required safety training, | 2 | | protective equipment and other safeguards that are | 3 | | provided to the third party client's directly hired | 4 | | employees performing similar or the same work. | 5 | | (8) The key is communication between the day and | 6 | | temporary labor service agency and the third party client | 7 | | to ensure that the necessary protections are provided. | 8 | | (9) The day and temporary labor service agencies need | 9 | | not become experts on specific workplace hazards, but must | 10 | | determine what conditions exist at their third party | 11 | | clients, what hazards may be encountered, and how best to | 12 | | ensure protection for the day or temporary laborers. | 13 | | (10) The day and temporary labor service agency has the | 14 | | duty to inquire and verify that the host has fulfilled its | 15 | | responsibilities for a safe workplace. | 16 | | (11) Just as important, third party clients must treat | 17 | | laborers like third party client's directly hired workers | 18 | | in terms of training and safety and health protections. | 19 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 20 | | (820 ILCS 175/45)
| 21 | | Sec. 45. Registration; Department of Labor. | 22 | | (a) A day and temporary
labor service
agency which is | 23 | | located, operates or transacts business within this State shall | 24 | | register with the Department of Labor in accordance with rules
| 25 | | adopted by the Department for day and temporary labor service
|
| | | 10000HB0690ham001 | - 22 - | LRB100 00003 JLS 23276 a |
|
| 1 | | agencies and shall be subject to this Act and any rules adopted | 2 | | under this Act. Each day and temporary labor service agency | 3 | | shall provide proof of an employer account number issued by the | 4 | | Department of Employment Security for the payment of | 5 | | unemployment insurance contributions as required under the | 6 | | Unemployment Insurance Act, and proof of valid workers' | 7 | | compensation insurance in effect at the time of registration | 8 | | covering all of its employees. If, at any time, a day and | 9 | | temporary labor service agency's workers' compensation | 10 | | insurance coverage lapses, the agency shall have an affirmative | 11 | | duty to report the lapse of such coverage to the Department and | 12 | | the agency's registration shall be suspended until the agency's | 13 | | workers' compensation insurance is reinstated. The Department | 14 | | may assess each day and temporary labor service agency a | 15 | | non-refundable
registration fee
not exceeding $2,000 $1,000 | 16 | | per year per agency and a non-refundable fee not to exceed $750 | 17 | | $250 for each branch office or other location where the agency | 18 | | regularly contracts with day or temporary laborers for | 19 | | services. The fee may be paid by check or money order
and the | 20 | | Department may not refuse to accept a check on the basis that | 21 | | it is
not a certified check or a cashier's check. The | 22 | | Department may charge an
additional fee to be paid by a day and | 23 | | temporary labor service agency if the agency, or any person on | 24 | | the
agency's behalf, issues or delivers a check to the | 25 | | Department that is not
honored by the financial institution | 26 | | upon which it is drawn. The Department
shall also adopt rules
|
| | | 10000HB0690ham001 | - 23 - | LRB100 00003 JLS 23276 a |
|
| 1 | | for violation
hearings and penalties for violations of this Act | 2 | | or the Department's rules
in conjunction with the penalties set | 3 | | forth in this Act. | 4 | | (a-5) At the time of registration with the Department each | 5 | | year, a day and temporary labor service agency shall provide | 6 | | the Department with a report containing the information | 7 | | identified in paragraph (9) of subsection (a) of Section 12, | 8 | | broken down by branch office, in the aggregate for all day or | 9 | | temporary laborers assigned within Illinois in the prior year | 10 | | to be submitted on a form created by the Department. | 11 | | (b) It is a violation of this Act to operate a day and | 12 | | temporary labor service agency without first registering with | 13 | | the Department in accordance with subsection (a) of this | 14 | | Section. The Department shall create and maintain at regular | 15 | | intervals on its website, accessible to the public: (1) a list | 16 | | of all registered day and temporary labor service agencies in | 17 | | the State whose registration is in good standing; (2) a list of | 18 | | day and temporary labor service agencies in the State whose | 19 | | registration has been suspended, including the reason for the | 20 | | suspension, the date the suspension was initiated, and the | 21 | | date, if known, the suspension is to be lifted; and (3) a list | 22 | | of day and temporary labor service agencies in the State whose | 23 | | registration has been revoked, including the reason for the | 24 | | revocation and the date the registration was revoked. The | 25 | | Department has the authority to assess a penalty against any | 26 | | day and temporary labor service agency that fails to register |
| | | 10000HB0690ham001 | - 24 - | LRB100 00003 JLS 23276 a |
|
| 1 | | with the Department of Labor in accordance with this Act or any | 2 | | rules adopted under this Act of $500 for each violation. Each | 3 | | day during which a day and temporary labor service agency | 4 | | operates without registering with the Department shall be a | 5 | | separate and distinct violation of this Act. | 6 | | (b-5) No day and temporary labor service agency may | 7 | | register without obtaining a surety bond issued by a surety | 8 | | company admitted to do business in this State. The principal | 9 | | sum of the bond shall not be less than $150,000. A copy of the | 10 | | bond shall be filed with the Department. | 11 | | The bond required by this Section shall be in favor of, and | 12 | | payable to, the people of the State of Illinois, and shall be | 13 | | for the benefit of any employee damaged by his or her | 14 | | employer's failure
to pay wages, interest on wages, or fringe | 15 | | benefits, or damaged by violation of this Section. | 16 | | Thirty days prior to the cancellation or termination of
any
| 17 | | surety bond required by this Section, the surety shall send | 18 | | written notice to both the employer and the Department | 19 | | identifying the bond and the date of the cancellation or | 20 | | termination. | 21 | | An employer shall not conduct any business until the | 22 | | employer
obtains a new surety bond and files a copy of it with | 23 | | the Department. | 24 | | This subsection does not apply to an employer covered by a | 25 | | valid collective bargaining agreement, if the agreement | 26 | | expressly provides for all of the following: |
| | | 10000HB0690ham001 | - 25 - | LRB100 00003 JLS 23276 a |
|
| 1 | | (i) Wages. | 2 | | (ii) Hours of work. | 3 | | (iii) Working conditions. | 4 | | (iv) An expeditious process to resolve disputes | 5 | | concerning nonpayment of wages. | 6 | | (v) The employer has documented that a current workers' | 7 | | compensation insurance policy is in effect for the | 8 | | employees. | 9 | | (vi) The employer is otherwise in compliance with all | 10 | | provisions of this Section. | 11 | | (b-6) The principal executive officer of a day and | 12 | | temporary labor service agency shall certify under oath at the | 13 | | time of registration of the day and temporary labor service | 14 | | agency each year on a form created by the Department that: | 15 | | (1) the signing officer has reviewed the registration | 16 | | form of the day and temporary labor service agency and | 17 | | confirmed the information is true and accurate to the best | 18 | | of his or her knowledge; | 19 | | (2) the signing officer has reviewed the recordkeeping | 20 | | practices of the day and temporary labor service agency and | 21 | | confirmed that the recordkeeping practices comply with the | 22 | | requirements of Section 12 to the best of his or her | 23 | | knowledge; | 24 | | (3) the signing officer has reviewed the day and | 25 | | temporary labor service agency's filing as required by | 26 | | subsection (b) of Section 40 related to
the placement of |
| | | 10000HB0690ham001 | - 26 - | LRB100 00003 JLS 23276 a |
|
| 1 | | day or temporary laborers in permanent positions with third | 2 | | party clients and has confirmed that such practices comply | 3 | | with the requirements of Section 20 to the best of his or | 4 | | her knowledge; | 5 | | (4) the signing officer has reviewed the day and | 6 | | temporary labor service agency's practices related to the | 7 | | transportation of day or temporary laborers and has | 8 | | confirmed that such practices comply with the requirements | 9 | | of Section 20 to the best of his or her knowledge; | 10 | | (5) the signing officer has reviewed and is responsible | 11 | | for the surety bond posted by the agency and its renewals; | 12 | | and | 13 | | (6) the signing officer: | 14 | | (A) is responsible for establishing and | 15 | | maintaining internal controls to comply with the | 16 | | recordkeeping requirements; and | 17 | | (B) has evaluated the effectiveness of the | 18 | | internal controls. | 19 | | (c) An applicant is not eligible to register to operate a | 20 | | day and temporary labor service agency under this Act if the | 21 | | applicant or any of its officers, directors, partners, or | 22 | | managers or any owner of 25% or greater beneficial interest: | 23 | | (1) has been involved, as owner, officer, director, | 24 | | partner, or manager, of any day and temporary labor service | 25 | | agency whose registration has been revoked or has been | 26 | | suspended without being reinstated within the 5 years |
| | | 10000HB0690ham001 | - 27 - | LRB100 00003 JLS 23276 a |
|
| 1 | | immediately preceding the filing of the application; or | 2 | | (2) is under the age of 18. | 3 | | (d) Every agency shall post and keep posted at each | 4 | | location, in a position easily accessible to all employees, | 5 | | notices as supplied and required by the Department containing a | 6 | | copy or summary of the provisions of the Act and
a notice which | 7 | | informs
the public of a toll-free telephone number for day or | 8 | | temporary laborers
and the public to
file wage dispute | 9 | | complaints and other alleged violations by
day and temporary | 10 | | labor service
agencies. Such notices shall be in English or any | 11 | | other language generally understood in the locale of the day | 12 | | and temporary labor service agency.
| 13 | | (e) No day and temporary labor service agency shall be | 14 | | permitted to register to operate in Illinois until it has | 15 | | complied with the requirements of this Section. | 16 | | (Source: P.A. 94-511, eff. 1-1-06.)
| 17 | | (820 ILCS 175/85)
| 18 | | Sec. 85. Third party clients. | 19 | | (a) It is a violation of this Act for a third party client | 20 | | to enter into a contract for the employment of
day or temporary | 21 | | laborers with any day and temporary labor service agency
not | 22 | | registered under Section 45 of this Act.
A third party client | 23 | | has a duty to verify a day and temporary labor service agency's | 24 | | status with the Department before entering into a contract with | 25 | | such an agency, and on March 1 and September 1 of each year. A |
| | | 10000HB0690ham001 | - 28 - | LRB100 00003 JLS 23276 a |
|
| 1 | | day and temporary labor service agency shall be required to | 2 | | provide each of its third party clients with proof of valid | 3 | | registration issued by the Department at the time of entering | 4 | | into a contract. A day and temporary labor service agency shall | 5 | | be required to notify, both by telephone and in writing, each | 6 | | day or temporary laborer it employs and each third party client | 7 | | with whom it has a contract within 24 hours of any denial, | 8 | | suspension, or revocation of its registration by the | 9 | | Department. All contracts between any day and temporary labor | 10 | | service agency and any third party client shall be considered | 11 | | null and void from the date any such denial, suspension, or | 12 | | revocation of registration becomes effective and until such | 13 | | time as the day and temporary labor service agency becomes | 14 | | registered and considered in good standing by the Department as | 15 | | provided in Section 50 and Section 55. Upon request, the | 16 | | Department shall provide to a third party client a list
of | 17 | | entities registered as day and temporary labor service | 18 | | agencies. The
Department shall
provide on the Internet a list | 19 | | of entities registered as day and temporary
labor service | 20 | | agencies. A third party client may rely on information provided | 21 | | by the Department or maintained on the Department's website | 22 | | pursuant to Section 45 of this Act and shall be held harmless | 23 | | if such information maintained or provided by the Department | 24 | | was inaccurate. Any third party client that violates this | 25 | | provision of the Act is subject to a civil penalty not to | 26 | | exceed $500. Each day during which a third party client |
| | | 10000HB0690ham001 | - 29 - | LRB100 00003 JLS 23276 a |
|
| 1 | | contracts with a day and temporary labor service agency not | 2 | | registered under Section 45 of this Act shall constitute a | 3 | | separate and distinct offense.
| 4 | | (b) If a third party client leases or contracts with a day | 5 | | and temporary service agency for the services of a day or | 6 | | temporary laborer, the third party client shall share all legal | 7 | | responsibility and liability for : (i) the payment of wages | 8 | | under the Illinois Wage Payment and Collection Act and the | 9 | | Minimum Wage Law and (ii) any obligation to pay the 4 hours' | 10 | | minimum pay as required in subsection (g) of Section 30 or | 11 | | obligation to pay statutory damages as provided in Section 95 . | 12 | | (Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
| 13 | | (820 ILCS 175/90)
| 14 | | Sec. 90. Retaliation. | 15 | | (a) Prohibition. It is a violation of this Act for a day | 16 | | and temporary labor service agency or third party client, or | 17 | | any agent of a day and temporary labor service agency or third | 18 | | party client, to retaliate through discharge or in any other | 19 | | manner against any day or temporary laborer for exercising any | 20 | | rights granted under this Act. The termination or disciplinary | 21 | | action by a day and temporary labor service agency against a | 22 | | day or temporary laborer within 90 days of the person's | 23 | | exercise of rights protected under this Act shall raise a | 24 | | rebuttable presumption of having done so in retaliation for the | 25 | | exercise of those rights. Such retaliation shall subject a day |
| | | 10000HB0690ham001 | - 30 - | LRB100 00003 JLS 23276 a |
|
| 1 | | and temporary labor service agency or third party client, or | 2 | | both, to civil penalties pursuant to this Act or a private | 3 | | cause of action. | 4 | | (b) Protected Acts from Retaliation. It is a violation of | 5 | | this Act for a day and temporary labor service agency or third | 6 | | party client to retaliate against a day or temporary laborer | 7 | | for: | 8 | | (1) making a complaint to a day and temporary labor | 9 | | service agency, to a third party client, to a co-worker, to | 10 | | a community organization, before a public hearing, or to a | 11 | | State or federal agency that rights guaranteed under this | 12 | | Act have been violated; | 13 | | (2) causing to be instituted any proceeding under or | 14 | | related to this Act; or | 15 | | (3) testifying or preparing to testify in an | 16 | | investigation or proceeding under this Act.
| 17 | | (Source: P.A. 94-511, eff. 1-1-06.) | 18 | | (820 ILCS 175/95)
| 19 | | Sec. 95. Private Right of Action. | 20 | | (a) A person aggrieved by a violation of this Act or any | 21 | | rule adopted under this Act by a day and temporary labor | 22 | | service agency or a third party client may file suit in circuit | 23 | | court of Illinois, in the county where the alleged offense | 24 | | occurred or where any day or temporary laborer who is party to | 25 | | the action resides, without regard to exhaustion of any |
| | | 10000HB0690ham001 | - 31 - | LRB100 00003 JLS 23276 a |
|
| 1 | | alternative administrative remedies provided in this Act. A day | 2 | | and temporary labor service agency aggrieved by a violation of | 3 | | this Act or any rule adopted under this Act by a third party | 4 | | client may file suit in circuit court of Illinois, in the | 5 | | county where the alleged offense occurred or where the day and | 6 | | temporary labor service agency which is party to the action is | 7 | | located. Actions may be brought by one or more day or temporary | 8 | | laborers for and on behalf of themselves and other day or | 9 | | temporary laborers similarly situated. A day or temporary | 10 | | laborer whose rights have been violated under this Act by a day | 11 | | and temporary labor service agency or a third party client or a | 12 | | day and temporary labor service agency whose rights have been | 13 | | violated under this Act by a third party client is entitled to | 14 | | collect: | 15 | | (1) in the case of a wage and hour violation, the | 16 | | amount of any wages, salary, employment benefits, or other | 17 | | compensation denied or lost to the day or temporary laborer | 18 | | or day and temporary labor service agency by reason of the | 19 | | violation, plus an equal amount in liquidated damages; | 20 | | (2) in the case of a health and safety or notice | 21 | | violation, compensatory damages and an amount between $50 | 22 | | and up to $500 for each the violation of each subpart of | 23 | | each Section; | 24 | | (3) in the case of any violation of subsection (a) of | 25 | | Section 40 relating to any unlawful restrictions by a day | 26 | | and temporary labor service agency on the right of a day or |
| | | 10000HB0690ham001 | - 32 - | LRB100 00003 JLS 23276 a |
|
| 1 | | temporary laborer to accept a permanent position with a | 2 | | third party client or the right of a third party client to | 3 | | offer such employment to a day or temporary laborer, $50 | 4 | | for each day or temporary laborer affected by the day and | 5 | | temporary labor service agency's policy, practice, or | 6 | | agreement and for each day such policy, practice, or | 7 | | agreement is in effect, plus actual damages; | 8 | | (4) (3) in the case of unlawful retaliation, the | 9 | | greater of all legal or equitable relief as may be | 10 | | appropriate or $10,000, at the selection of the aggrieved | 11 | | day or temporary laborer ; and | 12 | | (5) (4) attorney's fees and costs. | 13 | | (b) The right of an aggrieved person to bring an action | 14 | | under this Section terminates upon the passing of 3 years from | 15 | | the final date of employment by the day and temporary labor | 16 | | agency or the third party client or upon the passing of 3 years | 17 | | from the date of termination of the contract between the day | 18 | | and temporary labor service agency and the third party client. | 19 | | This limitations period is tolled if a day labor employer has | 20 | | deterred a day and temporary labor service agency or day or | 21 | | temporary laborer's exercise of rights under this Act by | 22 | | contacting or threatening to contact law enforcement agencies.
| 23 | | (Source: P.A. 96-1185, eff. 7-22-10.)".
|
|