Illinois General Assembly - Full Text of HB0690
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Full Text of HB0690  100th General Assembly

HB0690ham002 100TH GENERAL ASSEMBLY

Rep. Carol Ammons

Filed: 3/24/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 690

2    AMENDMENT NO. ______. Amend House Bill 690 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Day and Temporary Labor Services Act is
5amended by changing Sections 20, 30, 40, 45, and 95 and by
6adding Section 33 as follows:
 
7    (820 ILCS 175/20)
8    Sec. 20. Transportation.
9    (a) A day and temporary labor service agency or a third
10party client or a contractor or agent of either shall charge no
11fee to transport a day or temporary laborer to or from the
12designated work site.
13    (b) A day and temporary labor service agency is responsible
14for the conduct and performance of any person who transports a
15day or temporary laborer from the agency to a work site, unless
16the transporter is: (1) a public mass transportation system as

 

 

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1defined in Section 2 of the Local Mass Transit District Act;
2(2) a common carrier; (3) the day or temporary laborer
3providing his or her own transportation; or (4) selected
4exclusively by and at the sole choice of the day or temporary
5laborer for transportation in a vehicle not owned or operated
6by the day and temporary labor service agency. If any day and
7temporary labor service agency provides transportation to a day
8or temporary laborer or refers a day or temporary laborer as
9provided in subsection (c), the day and temporary labor service
10agency may not allow a motor vehicle to be used for the
11transporting of day or temporary laborers if the agency knows
12or should know that the motor vehicle used for the
13transportation of day or temporary laborers is unsafe or not
14equipped as required by this Act or by any rule adopted under
15this Act, unless the vehicle is: (1) the property of a public
16mass transportation system as defined in Section 2 of the Local
17Mass Transit District Act; (2) the property of a common
18carrier; (3) the day or temporary laborer's personal vehicle;
19or (4) a vehicle of a day or temporary laborer used to carpool
20other day or temporary laborers and which is selected
21exclusively by and at the sole choice of the day or temporary
22laborer for transportation.
23    (c) A day and temporary labor service agency may not refer
24a day or temporary laborer to any person for transportation to
25a work site unless that person is (1) a public mass
26transportation system as defined in Section 2 of the Local Mass

 

 

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1Transit District Act or (2) providing the transportation at no
2fee. Directing the day or temporary laborer to accept a
3specific car pool as a condition of work shall be considered a
4referral by the day and temporary labor service agency. Any
5mention or discussion of the cost of a car pool shall be
6considered a referral by the agency. Informing a day or
7temporary laborer of the availability of a car pool driven by
8another day or temporary laborer shall not be considered a
9referral by the agency.
10    (d) Any motor vehicle that is owned or operated by the day
11and temporary labor service agency or a third party client, or
12a contractor or agent of either, or to which a day and
13temporary labor service agency refers a day or temporary
14laborer, which is used for the transportation of day or
15temporary laborers shall have proof of financial
16responsibility as provided for in Chapter 8 of the Illinois
17Vehicle Code or as required by Department rules. The driver of
18the vehicle shall hold a valid license to operate motor
19vehicles in the correct classification and shall be required to
20produce the license immediately upon demand by the Department,
21its inspectors or deputies, or any other person authorized to
22enforce this Act. The Department shall forward a violation of
23this subsection to the appropriate law enforcement authorities
24or regulatory agencies, whichever is applicable.
25    (e) No motor vehicle that is owned or operated by the day
26and temporary labor service agency or a third party client, or

 

 

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1a contractor or agent of either, or to which a day and
2temporary labor service agency refers a day or temporary
3laborer, which is used for the transportation of day or
4temporary laborers may be operated if it does not have a seat
5and a safety belt for each passenger. The Department shall
6forward a violation of this subsection to the appropriate law
7enforcement authorities or regulatory agencies, whichever is
8applicable.
9    (f) If the day or temporary laborer is provided
10transportation from the point of application to the worksite by
11the hiring labor service agency operating pursuant to this Act,
12the day or temporary laborer shall also be provided
13transportation back to the point of application, unless the day
14or temporary laborer advises or agrees prior to leaving for the
15place of employment to obtain alternative transportation after
16the work shift is completed.
17(Source: P.A. 94-511, eff. 1-1-06.)
 
18    (820 ILCS 175/30)
19    Sec. 30. Wage Payment and Notice.
20    (a) At the time of payment of wages, a day and temporary
21labor service agency shall provide each day or temporary
22laborer with a detailed itemized statement, on the day or
23temporary laborer's paycheck stub or on a form approved by the
24Department, listing the following:
25        (1) the name, address, and telephone number of each

 

 

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1    third party client at which the day or temporary laborer
2    worked. If this information is provided on the day or
3    temporary laborer's paycheck stub, a code for each third
4    party client may be used so long as the required
5    information for each coded third party client is made
6    available to the day or temporary laborer;
7        (2) the number of hours worked by the day or temporary
8    laborer at each third party client each day during the pay
9    period. If the day or temporary laborer is assigned to work
10    at the same work site of the same third party client for
11    multiple days in the same work week, the day and temporary
12    labor service agency may record a summary of hours worked
13    at that third party client's worksite so long as the first
14    and last day of that work week are identified as well. The
15    term "hours worked" has the meaning ascribed to that term
16    in 56 Ill. Adm. Code 210.110 and in accordance with all
17    applicable rules or court interpretations under 56 Ill.
18    Adm. Code 210.110;
19        (3) the rate of payment for each hour worked, including
20    any premium rate or bonus;
21        (4) the total pay period earnings;
22        (5) all deductions made from the day or temporary
23    laborer's compensation made either by the third party
24    client or by the day and temporary labor service agency,
25    and the purpose for which deductions were made, including
26    for the day or temporary laborer's transportation, food,

 

 

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1    equipment, withheld income tax, withheld social security
2    payments, and every other deduction; and
3        (6) any additional information required by rules
4    issued by the Department.
5    (a-1) For each day or temporary laborer who is contracted
6to work a single day, the third party client shall, at the end
7of the work day, provide such day or temporary laborer with a
8Work Verification Form, approved by the Department, which shall
9contain the date, the day or temporary laborer's name, the work
10location, and the hours worked on that day. Any third party
11client who violates this subsection (a-1) may be subject to a
12civil penalty not to exceed $500 for each violation found by
13the Department. Such civil penalty may increase to $2,500 for a
14second or subsequent violation. For purposes of this subsection
15(a-1), each violation of this subsection (a-1) for each day or
16temporary laborer and for each day the violation continues
17shall constitute a separate and distinct violation.
18    (b) A day and temporary labor service agency shall provide
19each worker an annual earnings summary within a reasonable time
20after the preceding calendar year, but in no case later than
21February 1. A day and temporary labor service agency shall, at
22the time of each wage payment, give notice to day or temporary
23laborers of the availability of the annual earnings summary or
24post such a notice in a conspicuous place in the public
25reception area.
26    (c) At the request of a day or temporary laborer, a day and

 

 

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

 

 

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1    (e) Day or temporary laborers shall be paid no less than
2the wage rate stated in the notice as provided in Section 10 of
3this Act for all the work performed on behalf of the third
4party client in addition to the work listed in the written
5description.
6    (f) The total amount deducted for meals, equipment, and
7transportation may not cause a day or temporary laborer's
8hourly wage to fall below the State or federal minimum wage.
9However, a day and temporary labor service agency may deduct
10the actual market value of reusable equipment provided to the
11day or temporary laborer by the day and temporary labor service
12agency which the day or temporary laborer fails to return, if
13the day or temporary laborer provides a written authorization
14for such deduction at the time the deduction is made.
15    (g) A day or temporary laborer who is contracted by a day
16and temporary labor service agency to work at a third party
17client's worksite but is not utilized by the third party client
18shall be paid by the day and temporary labor service agency for
19a minimum of 4 hours of pay at the agreed upon rate of pay.
20However, in the event the day and temporary labor service
21agency contracts the day or temporary laborer to work at
22another location during the same shift, the day or temporary
23laborer shall be paid by the day and temporary labor service
24agency for a minimum of 2 hours of pay at the agreed upon rate
25of pay.
26    (h) A third party client is required to pay wages and

 

 

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1related payroll taxes to a licensed day and temporary labor
2service agency for services performed by the day or temporary
3laborer for the third party client according to payment terms
4outlined on invoices, service agreements, or stated terms
5provided by the day and temporary labor service agency. A third
6party client who fails to comply with this subsection (h) is
7subject to the penalties provided in Section 70 of this Act.
8The Department shall review a complaint filed by a licensed day
9and temporary labor agency. The Department shall review the
10payroll and accounting records of the day and temporary labor
11service agency and the third party client for the period in
12which the violation of this Act is alleged to have occurred to
13determine if wages and payroll taxes have been paid to the
14agency and that the day or temporary laborer has been paid the
15wages owed him or her.
16(Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
 
17    (820 ILCS 175/33 new)
18    Sec. 33. Permanent placement. A day and temporary labor
19service agency shall endeavor to permanently place a current
20temporary laborer in a permanent position with a third party
21client when the third party client increases its permanent
22labor force.
 
23    (820 ILCS 175/40)
24    Sec. 40. Work Restriction; Health and Safety Training.

 

 

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1    (a) No day and temporary labor service agency shall
2restrict the right of a day or temporary laborer to accept a
3permanent position with a third party client to whom the day or
4temporary laborer has been referred for work or restrict the
5right of such third party client to offer such employment to a
6day or temporary laborer. A day and temporary labor service
7agency may charge a placement fee to a third party client for
8employing a day or temporary laborer for whom a contract for
9work was effected by the day and temporary labor service agency
10not to exceed the equivalent of the total daily commission rate
11the day and temporary labor service agency would have received
12over a 60-day period, reduced by the equivalent of the daily
13commission rate the day and temporary labor service agency
14would have received for each day the day or temporary laborer
15has performed work for the day and temporary labor service
16agency in the preceding 12 months. Days worked at a day and
17temporary labor service agency in the 12 months preceding the
18effective date of this amendatory Act of the 94th General
19Assembly shall be included for purposes of calculating the
20maximum placement fee described in this Section. However,
21placement of a day or temporary laborer who is contracted by a
22day and temporary labor service agency to provide skilled labor
23shall not be subject to any placement fee cap. For purposes of
24this Section, a day or temporary laborer who performs "skilled
25labor" shall apply only where the day and temporary labor
26service agency performs an advanced application process, a

 

 

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1screening process, which may include processes such as advanced
2testing, and a job interview. No fee provided for under this
3Section may be assessed or collected by the day and temporary
4labor service agency when the day or temporary laborer is
5offered permanent work following the suspension or revocation
6of the day and temporary labor service agency's registration by
7the Department.
8    (b) Any day and temporary labor service agency and third
9party client must comply with all applicable Occupational
10Safety and Health Administration (OSHA) standards for all day
11or temporary laborers including, but not limited to,
12recordkeeping, safety and health training, powered industrial
13trucks, bloodborne pathogens, hazard communications, personal
14protective equipment, whistleblower rights, and recordkeeping.
15Under OSHA, both third party clients and day and temporary
16service agencies are joint employers of day or temporary
17laborers, and are both responsible for providing and
18maintaining a safe work environment for these laborers. To
19ensure that OSHA standards are met for day or temporary
20laborers, third party clients and temporary and day labor
21service agencies must implement the following actions laid out
22by OSHA in its Temporary Worker Initiative:
23        (1) The day and temporary labor service agency and the
24    third party client must set out their respective
25    responsibilities for compliance with all relevant OSHA
26    standards in their contract.

 

 

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1        (2) The tasks the day or temporary laborer is expected
2    to perform, and the safety and health responsibilities of
3    each employer as stated in the day and temporary labor
4    service agency-third party client contract should be
5    communicated to the laborer before the laborer begins work
6    at the job site.
7        (3) Day and temporary labor service agencies have a
8    duty to inquire into the conditions of their laborers'
9    assigned workplaces at third party clients. They must
10    ensure that they are sending laborers to safe workplaces.
11        (4) Ignorance of hazards is not an excuse.
12        (5) Day and temporary labor service agencies must
13    determine what conditions exist at their third party
14    clients, what hazards may be encountered, and how best to
15    ensure protection for the day or temporary laborers.
16        (6) The day and temporary labor service agency has the
17    duty to inquire and verify that the third party client has
18    fulfilled its responsibilities for a safe workplace.
19        (7) Third party clients must provide day or temporary
20    laborers with the identical OSHA required safety training,
21    protective equipment, and other safeguards that are
22    provided to the third party client's directly hired
23    employees performing similar or the same work.
24        (8) The key is communication between the day and
25    temporary labor service agency and the third party client
26    to ensure that the necessary protections are provided.

 

 

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1        (9) The day and temporary labor service agencies need
2    not become experts on specific workplace hazards, but must
3    determine what conditions exist at their third party
4    clients, what hazards may be encountered, and how best to
5    ensure protection for the day or temporary laborers.
6        (10) The day and temporary labor service agency has the
7    duty to inquire and verify that the host has fulfilled its
8    responsibilities for a safe workplace.
9        (11) Just as important, third party clients must treat
10    laborers like the third party client's directly hired
11    workers in terms of training and safety and health
12    protections.
13(Source: P.A. 94-511, eff. 1-1-06.)
 
14    (820 ILCS 175/45)
15    Sec. 45. Registration; Department of Labor.
16    (a) A day and temporary labor service agency which is
17located, operates or transacts business within this State shall
18register with the Department of Labor in accordance with rules
19adopted by the Department for day and temporary labor service
20agencies and shall be subject to this Act and any rules adopted
21under this Act. Each day and temporary labor service agency
22shall provide proof of an employer account number issued by the
23Department of Employment Security for the payment of
24unemployment insurance contributions as required under the
25Unemployment Insurance Act, and proof of valid workers'

 

 

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1compensation insurance in effect at the time of registration
2covering all of its employees. If, at any time, a day and
3temporary labor service agency's workers' compensation
4insurance coverage lapses, the agency shall have an affirmative
5duty to report the lapse of such coverage to the Department and
6the agency's registration shall be suspended until the agency's
7workers' compensation insurance is reinstated. The Department
8may assess each day and temporary labor service agency a
9non-refundable registration fee not exceeding $1,000 per year
10per agency and a non-refundable fee not to exceed $250 for each
11branch office or other location where the agency regularly
12contracts with day or temporary laborers for services. The fee
13may be paid by check or money order and the Department may not
14refuse to accept a check on the basis that it is not a
15certified check or a cashier's check. The Department may charge
16an additional fee to be paid by a day and temporary labor
17service agency if the agency, or any person on the agency's
18behalf, issues or delivers a check to the Department that is
19not honored by the financial institution upon which it is
20drawn. The Department shall also adopt rules for violation
21hearings and penalties for violations of this Act or the
22Department's rules in conjunction with the penalties set forth
23in this Act.
24    (a-5) At the time of registration with the Department of
25Labor each year, a day and temporary labor service agency shall
26provide to the Department of Employment Security a report

 

 

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1containing the information identified in paragraph (9) of
2subsection (a) of Section 12, broken down by branch office, in
3the aggregate for all day or temporary laborers assigned within
4Illinois in the prior year to be submitted on a form created by
5the Department of Employment Security. A day and temporary
6labor service agency that fails to report to the Department of
7Employment Security is subject to a civil penalty of $50 for
8each failure to comply.
9    The Department of Employment Security shall aggregate the
10information, remove identifying data, and make the information
11available on a municipal basis and county basis.
12    (b) It is a violation of this Act to operate a day and
13temporary labor service agency without first registering with
14the Department in accordance with subsection (a) of this
15Section. The Department shall create and maintain at regular
16intervals on its website, accessible to the public: (1) a list
17of all registered day and temporary labor service agencies in
18the State whose registration is in good standing; (2) a list of
19day and temporary labor service agencies in the State whose
20registration has been suspended, including the reason for the
21suspension, the date the suspension was initiated, and the
22date, if known, the suspension is to be lifted; and (3) a list
23of day and temporary labor service agencies in the State whose
24registration has been revoked, including the reason for the
25revocation and the date the registration was revoked. The
26Department has the authority to assess a penalty against any

 

 

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1day and temporary labor service agency that fails to register
2with the Department of Labor in accordance with this Act or any
3rules adopted under this Act of $500 for each violation. Each
4day during which a day and temporary labor service agency
5operates without registering with the Department shall be a
6separate and distinct violation of this Act.
7    (c) An applicant is not eligible to register to operate a
8day and temporary labor service agency under this Act if the
9applicant or any of its officers, directors, partners, or
10managers or any owner of 25% or greater beneficial interest:
11        (1) has been involved, as owner, officer, director,
12    partner, or manager, of any day and temporary labor service
13    agency whose registration has been revoked or has been
14    suspended without being reinstated within the 5 years
15    immediately preceding the filing of the application; or
16        (2) is under the age of 18.
17    (d) Every agency shall post and keep posted at each
18location, in a position easily accessible to all employees,
19notices as supplied and required by the Department containing a
20copy or summary of the provisions of the Act and a notice which
21informs the public of a toll-free telephone number for day or
22temporary laborers and the public to file wage dispute
23complaints and other alleged violations by day and temporary
24labor service agencies. Such notices shall be in English or any
25other language generally understood in the locale of the day
26and temporary labor service agency.

 

 

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1(Source: P.A. 94-511, eff. 1-1-06.)
 
2    (820 ILCS 175/95)
3    Sec. 95. Private Right of Action.
4    (a) A person aggrieved by a violation of this Act or any
5rule adopted under this Act by a day and temporary labor
6service agency or a third party client may file suit in circuit
7court of Illinois, in the county where the alleged offense
8occurred or where any day or temporary laborer who is party to
9the action resides, without regard to exhaustion of any
10alternative administrative remedies provided in this Act. A day
11and temporary labor service agency aggrieved by a violation of
12this Act or any rule adopted under this Act by a third party
13client may file suit in circuit court of Illinois, in the
14county where the alleged offense occurred or where the day and
15temporary labor service agency which is party to the action is
16located. Actions may be brought by one or more day or temporary
17laborers for and on behalf of themselves and other day or
18temporary laborers similarly situated. A day or temporary
19laborer whose rights have been violated under this Act by a day
20and temporary labor service agency or a third party client or a
21day and temporary labor service agency whose rights have been
22violated under this Act by a third party client is entitled to
23collect:
24        (1) in the case of a wage and hour violation, the
25    amount of any wages, salary, employment benefits, or other

 

 

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1    compensation denied or lost to the day or temporary laborer
2    or day and temporary labor service agency by reason of the
3    violation, plus an equal amount in liquidated damages;
4        (2) in the case of a health and safety or notice
5    violation, compensatory damages and an amount between $50
6    and up to $500 for each the violation of each subpart of
7    each Section;
8        (3) in the case of unlawful retaliation, all legal or
9    equitable relief as may be appropriate; and
10        (4) attorney's fees and costs.
11    (b) The right of an aggrieved person to bring an action
12under this Section terminates upon the passing of 3 years from
13the final date of employment by the day and temporary labor
14agency or the third party client or upon the passing of 3 years
15from the date of termination of the contract between the day
16and temporary labor service agency and the third party client.
17This limitations period is tolled if a day labor employer has
18deterred a day and temporary labor service agency or day or
19temporary laborer's exercise of rights under this Act by
20contacting or threatening to contact law enforcement agencies.
21(Source: P.A. 96-1185, eff. 7-22-10.)".