State of Illinois
91st General Assembly
Legislation

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91_SB0079eng

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

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

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

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

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

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

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

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

 9        Section 50.  Violations.  A day labor service agency that
10    fails to register with the Department of Labor in  accordance
11    with  this Act shall be guilty of a petty offense for which a
12    fine of $1,000 may be imposed for the first offense and shall
13    be  guilty  of  a  Class  C  misdemeanor  for  a  second   or
14    subsequent  offense.  The Department shall have the authority
15    to suspend or revoke the registration of a day labor  service
16    agency  if  warranted by public health and safety concerns or
17    violations of this Act.

18        Section 99.  Effective Date.  This Act  takes  effect  on
19    January 1, 2000.

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