State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 002 ][ Senate Amendment 003 ]

91_SB0079

 
                                               LRB9101764WHdv

 1        AN ACT in relation to day labor services.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  Title.  This Act may be cited as the
 5    Day Labor Services Act.

 6        Section 5. Definitions.  As used in this Act:
 7        "Day laborer" means a natural person  who  contracts  for
 8    employment with a day labor service agency.
 9        "Day  labor"  means temporary labor or employment that is
10    occasional or irregular at which a person is employed for not
11    longer  that  the  time  period  required  to  complete   the
12    temporary assignment for which the person was hired and where
13    wage  payments  are  made  directly  or indirectly by the day
14    labor service agency or the third  party  employer  for  work
15    undertaken by day laborers pursuant to a contract between the
16    day labor service agency with the third party employer.
17        "Day  labor  service  agency"  means any person or entity
18    engaged in the business of employing day laborers to  provide
19    services  to  or  for  any third party employer pursuant to a
20    contract with the day  labor  service  and  the  third  party
21    employer.
22        "Department" means the Department of Labor.
23        "Third  party  employer"  means any person that contracts
24    with a day labor service agency for  the  employment  of  day
25    laborers.

26        Section 10.  Job Notices.
27        (a)  A  day  labor  service  agency  shall, in the public
28    reception area, post a list of all employers that are seeking
29    day laborers which shall include the following:
30             (1)  the name and address of the  employer  and  the
 
                            -2-                LRB9101764WHdv
 1        address  of  the  work site if different from that of the
 2        employer;
 3             (2)  the type of job opportunity for day laborers;
 4             (3)  the amount of wages to be paid per hour for the
 5        work; and
 6             (4)  whether transportation is available,  the  cost
 7        of  transportation,  if  any,  whether  the  work site is
 8        accessible by public or personal transportation  and  the
 9        approximate commute time to the work site.
10        (b)  A  day  labor  service  agency  shall,  for each job
11    opportunity posted, provide a  detailed  description  of  the
12    work which shall include the following:
13             (1)   a  detailed  description  of  the  work  to be
14        performed by the day laborer, including any  requirements
15        for special attire, accessories, or safety equipment;
16             (2)   whether  the  day  laborer will be charged for
17        using special attire, accessories, or safety equipment;
18             (3)  the exact  address  of  the  work  site  and  a
19        telephone  number  at  which a day laborer can be reached
20        for emergency purposes; if the location  is  in  a  rural
21        area, the notice must also contain directions to the work
22        site;
23             (4)  the amount of wages to be paid per hour for the
24        work,  the  time  of day the work will begin, the time of
25        day the work will end, and the overtime rate of pay;
26             (5)  if transportation is to be provided to the work
27        site, either by the day labor service agency or the third
28        party employer, the cost of the transportation,  if  any,
29        and  whether  the  work  site  is accessible by public or
30        personal transportation and the approximate commute  time
31        to and from the work site; and
32             (6)   whether  a meal is provided, either by the day
33        labor service agency or the third party employer, and the
34        cost of the meal, if any.
 
                            -3-                LRB9101764WHdv
 1        (c)  The notices required to be posted under  subsections
 2    (a)  and  (b) of this Section shall be written in English and
 3    any other language that is generally used in  the  locale  of
 4    the  day labor service agency.  In counties with a population
 5    of 500,000 or  greater,  the  notices  shall  be  printed  in
 6    English, Spanish, and Polish.

 7        Section  15.   Meals.   A  day  labor service agency or a
 8    third party employer shall not charge a day laborer more than
 9    the actual cost of a meal.  In no case shall the purchase  of
10    a meal be a condition of employment for a day laborer.

11        Section  20.  Transportation.  A day labor service agency
12    or a third party employer  shall  charge  no  more  than  the
13    actual  cost  to  transport  a  day  laborer  to  or from the
14    designated work site; however, the total  cost  to  each  day
15    laborer shall not exceed 3% of the day laborer's daily wages.
16    Any  motor vehicle that is owned or operated by the day labor
17    service agency or a third party employer, or a contractor  of
18    either,  which is used for the transportation of day laborers
19    shall have proof of financial responsibility as provided  for
20    in Chapter 8 of the Illinois Vehicle Code.

21        Section  25.   Day  laborer  equipment.   For  any safety
22    equipment, clothing, accessories, or any other items required
23    by the nature of the work, either by law,  custom,  or  as  a
24    requirement  of  the  third  party  employer,  the  day labor
25    service agency or the third party employer may charge the day
26    laborer the market value of the item temporarily provided  to
27    the  day  laborer  by  the  third  party  employer if the day
28    laborer fails  to  return  such  items  to  the  third  party
29    employer  or  the  day  labor  service agency.  For any other
30    equipment, clothing, accessories, or any other items the  day
31    labor  service  agency  makes available for purchase, the day
 
                            -4-                LRB9101764WHdv
 1    laborer shall not be charged  more  than  the  actual  market
 2    value for the item.

 3        Section 30.  Wage Payment.
 4        (a)   At  the  time  of the payment of wages, a day labor
 5    service  agency  shall  provide  each  day  laborer  with  an
 6    itemized statement showing in detail each deduction made from
 7    the wages.
 8        (b) A day labor service agency shall provide each  worker
 9    an annual earnings summary within a reasonable time after the
10    preceding  calendar  year, but in no case later than February
11    1.  A day labor service agency shall, at  the  time  of  each
12    wage payment, give notice to day laborers of the availability
13    of  the  annual  earnings  summary or post such a notice in a
14    conspicuous place in the public reception area.
15        (c)  At the request of a day laborer, a day labor service
16    agency shall hold the daily wages of the day laborer and make
17    either weekly or semi-monthly payments.  The wages  shall  be
18    paid  in  a single check representing the wages earned during
19    the period, either weekly or semi-monthly, designated by  the
20    day  laborer in accordance with the Illinois Wage Payment and
21    Collection Act.  Day labor service agencies that  make  daily
22    wage  payments  shall provide written notification to all day
23    laborers of the  right  to  request  weekly  or  semi-monthly
24    checks.  The day labor service agency may provide this notice
25    by conspicuously posting the notice at the location where the
26    wages are received by the day laborers.
27        (d)   No  day  labor  service agency shall charge any day
28    laborer for cashing a check issued by the  agency  for  wages
29    earned  by  a  day  laborer  who  performed work through that
30    agency.
31        (e)  Day laborers shall be paid no  less  that  the  wage
32    rate  stated  in the notice as provided in Section 10 of this
33    Act for all the work performed on behalf of the  third  party
 
                            -5-                LRB9101764WHdv
 1    employer  in  addition  to  the  work  listed  in the written
 2    description.

 3        Section 30.  Public Access Area.  Each day labor  service
 4    agency  shall  provide  adequate seating in the public access
 5    area of the offices of the agency.  The  public  access  area
 6    shall  be  the  location  for the employment and wage notices
 7    required by Section 10 of this Act.  The public  access  area
 8    shall allow for access to restrooms and water.

 9        Section  35.   Work  Restriction.   No  day labor service
10    agency shall restrict the right of a day laborer to accept  a
11    permanent  position  with  a third party employer to whom the
12    day laborer has been referred for temporary work or  restrict
13    the  right  of  such  third  party  employer  to  offer  such
14    employment  to  a day laborer.  Nothing in this Section shall
15    restrict  a  day  labor  service  agency  from  receiving   a
16    placement  fee  from the third party employer for employing a
17    day laborer for  whom  a  contract  for  temporary  work  was
18    effected by the day labor service agency.

19        Section  40.   Registration;  Department of Labor.  A day
20    labor service agency shall register with  the  Department  of
21    Labor  in accordance with rules adopted by the Department for
22    day labor service agencies that  operate  within  the  State.
23    The  Department may assess each agency a registration fee not
24    exceeding $250.  The Department shall also  adopt  rules  for
25    violation  hearings  and penalties for violations of this Act
26    or the Department's rules.  The Department shall cause to  be
27    posted  in each agency a notice which informs the public of a
28    toll free telephone number for day laborers and the public to
29    file wage dispute complaints and other alleged violations  by
30    day labor service agencies.
 
                            -6-                LRB9101764WHdv
 1        Section 45.  Violations.  A day labor service agency that
 2    fails  to register with the Department of Labor in accordance
 3    with this Act shall be guilty of a petty offense for which  a
 4    fine of $1,000 may be imposed for the first offense and shall
 5    be   guilty  of  a  Class  C  misdemeanor  for  a  second  or
 6    subsequent offense.  The Department shall have the  authority
 7    to  suspend or revoke the registration of a day labor service
 8    agency if warranted by public health and safety  concerns  or
 9    violations of this Act.

10        Section  99.   Effective  Date.  This Act takes effect on
11    January 1, 2000.

[ Top ]