State of Illinois
91st General Assembly

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SB79 Enrolled                                  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 labor or employment that is occasional
10    or irregular at which a person is  employed  for  not  longer
11    than  the time period required to complete the assignment for
12    which the person was hired and where wage payments  are  made
13    directly or indirectly by the day labor service agency or the
14    third  party  employer  for  work  undertaken by day laborers
15    pursuant to a contract between the day labor  service  agency
16    with  the  third party employer. "Day labor" does not include
17    labor or employment of a professional or clerical nature.
18        "Day labor service agency" means  any  person  or  entity
19    engaged  in the business of employing day laborers to provide
20    services to or for any third party  employer  pursuant  to  a
21    contract  with  the  day  labor  service  and the third party
22    employer.
23        "Department" means the Department of Labor.
24        "Third party employer" means any  person  that  contracts
25    with  a  day  labor  service agency for the employment of day
26    laborers.

27        Section 10. Statement.
28        (a) Whenever a day labor service agency  agrees  to  send
29    one  or  more  persons to work as day laborers, the day labor
30    service  agency shall, upon request by a day laborer, provide
SB79 Enrolled              -2-                 LRB9101764WHdv
 1    to the day  laborer  a  statement  containing  the  following
 2    items:  "Name and nature of the work to be performed", "wages
 3    offered", "destination of the  person  employed",  "terms  of
 4    transportation",   and   whether  a  meal  and  equipment  is
 5    provided, either  by the day labor service or the third party
 6    employer, and the cost of the meal and equipment, if any.
 7        (b) No day labor service agency may send any day  laborer
 8    to  any  place  where  a  strike,  a  lockout, or other labor
 9    trouble exists without first notifying the day laborer of the
10    conditions.
11        (c) The Department shall recommend to day  labor  service
12    agencies   that  those  agencies  employ  personnel  who  can
13    effectively  communicate  information required in subsections
14    (a) and (b) to day laborers in Spanish, Polish, or any  other
15    language  that  is  generally  used  in the locale of the day
16    labor agency.

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

21        Section 20.  Transportation.  A day labor service  agency
22    or  a  third  party  employer  shall  charge no more than the
23    actual cost to  transport  a  day  laborer  to  or  from  the
24    designated  work  site;  however,  the total cost to each day
25    laborer shall not exceed 3% of the day laborer's daily wages.
26    Any motor vehicle that is owned or operated by the day  labor
27    service  agency or a third party employer, or a contractor of
28    either, which is used for the transportation of day  laborers
29    shall  have proof of financial responsibility as provided for
30    in Chapter 8 of the Illinois Vehicle Code.

31        Section 25.   Day  laborer  equipment.   For  any  safety
SB79 Enrolled              -3-                 LRB9101764WHdv
 1    equipment, clothing, accessories, or any other items required
 2    by  the  nature  of  the work, either by law, custom, or as a
 3    requirement of  the  third  party  employer,  the  day  labor
 4    service agency or the third party employer may charge the day
 5    laborer  the market value of the item temporarily provided to
 6    the day laborer by  the  third  party  employer  if  the  day
 7    laborer  fails  to  return  such  items  to  the  third party
 8    employer or the day labor  service  agency.   For  any  other
 9    equipment,  clothing, accessories, or any other items the day
10    labor service agency makes available for  purchase,  the  day
11    laborer  shall  not  be  charged  more than the actual market
12    value for the item.

13        Section 30.  Wage Payment.
14        (a)  At the time of the payment of  wages,  a  day  labor
15    service  agency  shall  provide  each  day  laborer  with  an
16    itemized statement showing in detail each deduction made from
17    the wages.
18        (b)  A day labor service agency shall provide each worker
19    an annual earnings summary within a reasonable time after the
20    preceding calendar year, but in no case later  than  February
21    1.   A  day  labor  service agency shall, at the time of each
22    wage payment, give notice to day laborers of the availability
23    of the annual earnings summary or post such  a  notice  in  a
24    conspicuous place in the public reception area.
25        (c)  At the request of a day laborer, a day labor service
26    agency shall hold the daily wages of the day laborer and make
27    either  weekly  or semi-monthly payments.  The wages shall be
28    paid in a single check representing the wages  earned  during
29    the  period, either weekly or semi-monthly, designated by the
30    day laborer in accordance with the Illinois Wage Payment  and
31    Collection  Act.   Day labor service agencies that make daily
32    wage payments shall provide written notification to  all  day
33    laborers  of  the  right  to  request  weekly or semi-monthly
SB79 Enrolled              -4-                 LRB9101764WHdv
 1    checks.  The day labor service agency may provide this notice
 2    by conspicuously posting the notice at the location where the
 3    wages are received by the day laborers.
 4        (d)  No day labor service agency  shall  charge  any  day
 5    laborer  for  cashing  a check issued by the agency for wages
 6    earned by a day  laborer  who  performed  work  through  that
 7    agency.
 8        (e)   Day  laborers  shall  be paid no less than the wage
 9    rate stated in the notice as provided in Section 10  of  this
10    Act  for  all the work performed on behalf of the third party
11    employer in addition  to  the  work  listed  in  the  written
12    description.

13        Section  35.  Public Access Area.  Each day labor service
14    agency shall provide adequate seating in  the  public  access
15    area  of  the  offices of the agency.  The public access area
16    shall be the location for the  employment  and  wage  notices
17    required  by  Section 10 of this Act.  The public access area
18    shall allow for access to restrooms and water.

19        Section 40.  Work  Restriction.   No  day  labor  service
20    agency  shall restrict the right of a day laborer to accept a
21    permanent position with a third party employer  to  whom  the
22    day  laborer has been referred for work or restrict the right
23    of such third party employer to offer such  employment  to  a
24    day  laborer.   Nothing  in this Section shall restrict a day
25    labor service agency from receiving a placement fee from  the
26    third  party  employer for employing a day laborer for whom a
27    contract for work was  effected  by  the  day  labor  service
28    agency.

29        Section  45.   Registration;  Department of Labor.  A day
30    labor service agency shall register with  the  Department  of
31    Labor  in accordance with rules adopted by the Department for
SB79 Enrolled              -5-                 LRB9101764WHdv
 1    day labor service agencies that  operate  within  the  State.
 2    The  Department may assess each agency a registration fee not
 3    exceeding $250.  The Department shall also  adopt  rules  for
 4    violation  hearings  and penalties for violations of this Act
 5    or the Department's rules.  The Department shall cause to  be
 6    posted  in each agency a notice which informs the public of a
 7    toll-free telephone number for day laborers and the public to
 8    file wage dispute complaints and other alleged violations  by
 9    day labor service agencies.

10        Section  50.   Violations.  The Department shall have the
11    authority to suspend or revoke  the  registration  of  a  day
12    labor service agency if warranted by public health and safety
13    concerns or violations of this Act.

14        Section  99.   Effective  Date.  This Act takes effect on
15    January 1, 2000.

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