State of Illinois
92nd General Assembly
Legislation

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92_SB1975eng

 
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 1        AN ACT concerning day labor.

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

 4        Section 5.  The State Finance Act is amended by  changing
 5    Section 5.306 as follows:

 6        (30 ILCS 105/5.306) (from Ch. 127, par. 141.306)
 7        Sec.  5.306.   The  Child  Labor  and  Temporary Staffing
 8    Services Enforcement Fund.
 9    (Source: P.A. 87-139; 87-895.)

10        Section 10.  The Day Labor Services  Act  is  amended  by
11    changing  the title of the Act and Sections 1, 5, 10, 15, 20,
12    25, 30, 35, 40, 45, and 50 and by adding Sections 55, 60, 65,
13    70, 75, and 80 as follows:

14        (820 ILCS 175/Act title)
15        AN ACT  in  relation  to  temporary  staffing  day  labor
16    services.

17        (820 ILCS 175/1)
18        Sec.  1.   Short  Title.   This  Act  may be cited as the
19    Temporary Staffing Day Labor Services Act.
20    (Source: P.A. 91-579, eff. 1-1-00.)

21        (820 ILCS 175/5)
22        Sec. 5. Definitions.  As used in this Act:
23        "Temporary staffer Day laborer" means  a  natural  person
24    who  contracts  for  employment with a temporary staffing day
25    labor service agency.
26        "Temporary staffing Day labor" means labor or  employment
27    that is occasional or irregular at which a person is employed
 
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 1    for  not longer than the time period required to complete the
 2    assignment for which the person  was  hired  and  where  wage
 3    payments  are  made  directly  or indirectly by the temporary
 4    staffing day labor service agency or the third party employer
 5    for  work  undertaken  by  temporary  staffers  day  laborers
 6    pursuant to a contract between  the  temporary  staffing  day
 7    labor   service   agency   with  the  third  party  employer.
 8    "Temporary staffing Day labor"  does  not  include  labor  or
 9    employment of a professional or clerical nature.
10        "Temporary  staffing  Day labor service agency" means any
11    person  or  entity  engaged  in  the  business  of  employing
12    temporary staffers day laborers to provide services to or for
13    any third party employer pursuant  to  a  contract  with  the
14    temporary  staffing  day  labor  service  and the third party
15    employer.
16        "Department" means the Department of Labor.
17        "Third party employer" means any  person  that  contracts
18    with  a  temporary  staffing day labor service agency for the
19    employment of temporary staffers day laborers.
20    (Source: P.A. 91-579, eff. 1-1-00.)

21        (820 ILCS 175/10)
22        Sec. 10. Statement.
23        (a) Whenever  a  temporary  staffing  day  labor  service
24    agency  agrees  to  send  one  or  more  persons  to  work as
25    temporary staffers day laborers, the temporary  staffing  day
26    labor  service    agency  shall,  upon request by a temporary
27    staffer day laborer, provide to  the  temporary  staffer  day
28    laborer a statement containing the following items: "Name and
29    nature  of  the  work  to  be  performed",  "wages  offered",
30    "destination    of    the   person   employed",   "terms   of
31    transportation",  and  whether  a  meal  and   equipment   is
32    provided, either  by the temporary staffing day labor service
33    or  the  third  party  employer, and the cost of the meal and
 
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 1    equipment, if any.
 2        (b) No temporary staffing day labor  service  agency  may
 3    send  any  temporary staffer day laborer to any place where a
 4    strike, a lockout, or  other  labor  trouble  exists  without
 5    first  notifying  the  temporary  staffer  day laborer of the
 6    conditions.
 7        (c) The Department shall recommend to temporary  staffing
 8    day  labor  service  agencies   that  those  agencies  employ
 9    personnel   who   can   effectively  communicate  information
10    required in subsections (a) and (b) to temporary staffers day
11    laborers in Spanish, Polish, or any other  language  that  is
12    generally  used  in  the locale of the temporary staffing day
13    labor agency.
14    (Source: P.A. 91-579, eff. 1-1-00.)

15        (820 ILCS 175/15)
16        Sec. 15.  Meals.  A temporary staffing day labor  service
17    agency or a third party employer shall not charge a temporary
18    staffer  day laborer more than the actual cost of a meal.  In
19    no case shall the purchase  of  a  meal  be  a  condition  of
20    employment for a temporary staffer day laborer.
21    (Source: P.A. 91-579, eff. 1-1-00.)

22        (820 ILCS 175/20)
23        Sec. 20.  Transportation.  A temporary staffing day labor
24    service agency or a third party employer shall charge no more
25    than  the  actual  cost  to transport a temporary staffer day
26    laborer to or from the designated  work  site;  however,  the
27    total  cost  to  each temporary staffer day laborer shall not
28    exceed 3% of the  temporary  staffer's  day  laborer's  daily
29    wages.   Any  motor  vehicle that is owned or operated by the
30    temporary staffing day labor service agency or a third  party
31    employer,  or  a  contractor of either, which is used for the
32    transportation of temporary staffers day laborers shall  have
 
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 1    proof  of financial responsibility as provided for in Chapter
 2    8 of the Illinois Vehicle Code.
 3    (Source: P.A. 91-579, eff. 1-1-00.)

 4        (820 ILCS 175/25)
 5        Sec. 25.  Temporary staffer Day laborer  equipment.   For
 6    any  safety  equipment,  clothing,  accessories, or any other
 7    items required by the nature of  the  work,  either  by  law,
 8    custom,  or as a requirement of the third party employer, the
 9    temporary staffing day labor  service  agency  or  the  third
10    party  employer  may charge the temporary staffer day laborer
11    the market value of the  item  temporarily  provided  to  the
12    temporary  staffer day laborer by the third party employer if
13    the temporary staffer day laborer fails to return such  items
14    to  the  third  party  employer or the temporary staffing day
15    labor service agency.  For  any  other  equipment,  clothing,
16    accessories,  or  any  other items the temporary staffing day
17    labor  service  agency  makes  available  for  purchase,  the
18    temporary staffer day laborer shall not be charged more  than
19    the actual market value for the item.
20    (Source: P.A. 91-579, eff. 1-1-00.)

21        (820 ILCS 175/30)
22        Sec. 30.  Wage Payment.
23        (a)   At  the  time  of the payment of wages, a temporary
24    staffing  day  labor  service  agency  shall   provide   each
25    temporary  staffer  day  laborer  with  an itemized statement
26    showing in detail each deduction made from the wages.
27        (b) A temporary staffing day labor service  agency  shall
28    provide  each  worker  an  annual  earnings  summary within a
29    reasonable time after the preceding calendar year, but in  no
30    case  later  than February 1.  A temporary staffing day labor
31    service agency shall, at the time of each wage payment,  give
32    notice to temporary staffers day laborers of the availability
 
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 1    of  the  annual  earnings  summary or post such a notice in a
 2    conspicuous place in the public reception area.
 3        (c)  At the request of a temporary staffer,  a  temporary
 4    staffing  day  laborer, a day labor service agency shall hold
 5    the daily wages of the temporary staffer day laborer and make
 6    either weekly or semi-monthly payments.  The wages  shall  be
 7    paid  in  a single check representing the wages earned during
 8    the period, either weekly or semi-monthly, designated by  the
 9    temporary staffer day laborer in accordance with the Illinois
10    Wage  Payment  and  Collection  Act.   Temporary staffing Day
11    labor service agencies that make daily  wage  payments  shall
12    provide  written  notification  to all temporary staffers day
13    laborers of the  right  to  request  weekly  or  semi-monthly
14    checks.   The temporary staffing day labor service agency may
15    provide this notice by conspicuously posting  the  notice  at
16    the  location  where  the wages are received by the temporary
17    staffers day laborers.
18        (d)  No temporary staffing day labor service agency shall
19    charge any temporary staffer day laborer for cashing a  check
20    issued  by the agency for wages earned by a temporary staffer
21    day laborer who performed work through that agency.
22        (e)  Temporary staffers Day laborers  shall  be  paid  no
23    less  than  the wage rate stated in the notice as provided in
24    Section 10 of this Act for all the work performed  on  behalf
25    of the third party employer in addition to the work listed in
26    the written description.
27    (Source: P.A. 91-579, eff. 1-1-00.)

28        (820 ILCS 175/35)
29        Sec.  35.   Public  Access Area.  Each temporary staffing
30    day labor service agency shall provide  adequate  seating  in
31    the  public  access  area  of the offices of the agency.  The
32    public access area shall be the location for  the  employment
33    and  wage  notices  required  by Section 10 of this Act.  The
 
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 1    public access area shall allow for access  to  restrooms  and
 2    water.
 3    (Source: P.A. 91-579, eff. 1-1-00.)

 4        (820 ILCS 175/40)
 5        Sec.  40.   Work  Restriction.  No temporary staffing day
 6    labor service agency shall restrict the right of a  temporary
 7    staffer  day  laborer  to  accept a permanent position with a
 8    third party  employer  to  whom  the  temporary  staffer  day
 9    laborer  has  been referred for work or restrict the right of
10    such third party employer  to  offer  such  employment  to  a
11    temporary staffer day laborer.  Nothing in this Section shall
12    restrict  a  temporary staffing day labor service agency from
13    receiving a placement fee from the third party  employer  for
14    employing a temporary staffer day laborer for whom a contract
15    for  work  was  effected  by the temporary staffing day labor
16    service agency.
17    (Source: P.A. 91-579, eff. 1-1-00.)

18        (820 ILCS 175/45)
19        Sec. 45.  Registration; Department of Labor.  A temporary
20    staffing day labor service agency  shall  register  with  the
21    Department  of  Labor in accordance with rules adopted by the
22    Department for temporary staffing day labor service  agencies
23    that  operate  within  the  State.  The Department may assess
24    each agency a non-refundable registration fee  not  exceeding
25    $250  per  year.  The fee may be paid by check or money order
26    and the Department may not refuse to accept a  check  on  the
27    basis  that it is not a certified check or a cashier's check.
28    The Department may charge an additional fee to be paid by  an
29    agency  if  the agency, or any person on the agency's behalf,
30    issues or delivers a check to  the  Department  that  is  not
31    honored  by the financial institution upon which it is drawn.
32    The Department shall also adopt rules for violation  hearings
 
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 1    and  penalties for violations of this Act or the Department's
 2    rules in conjunction with the fines and penalties  set  forth
 3    in this Act.  The Department shall cause to be posted in each
 4    agency  a  notice  which  informs  the  public of a toll-free
 5    telephone number for temporary staffers day laborers and  the
 6    public  to  file  wage  dispute  complaints and other alleged
 7    violations by temporary staffing day labor service agencies.
 8    (Source: P.A. 91-579, eff. 1-1-00.)

 9        (820 ILCS 175/50)
10        Sec. 50.   Violations.  The  Department  shall  have  the
11    authority   to  suspend  or  revoke  the  registration  of  a
12    temporary staffing day labor service agency if  warranted  by
13    public health and safety concerns or violations of this Act.
14    (Source: P.A. 91-579, eff. 1-1-00.)

15        (820 ILCS 175/55 new)
16        Sec.  55.  Enforcement.  It  shall  be  the  duty  of the
17    Department  to  enforce  the  provisions  of  this  Act.  The
18    Department shall have the power to conduct investigations  in
19    connection  with  the  administration and enforcement of this
20    Act  and  any  investigator  with  the  Department  shall  be
21    authorized to visit and inspect, at all reasonable times, any
22    places covered by this  Act.  The  Department  shall  conduct
23    hearings  in  accordance  with  the  Illinois  Administrative
24    Procedure  Act,  as  amended,  upon  written  complaint by an
25    investigator of the Department or any interested person of  a
26    violation  of the Act. After the hearing, if supported by the
27    evidence, the Department may (i) issue and cause to be served
28    on any party an  order  to  cease  and  desist  from  further
29    violation  of  the Act, (ii) take affirmative or other action
30    as  deemed  reasonable  to  eliminate  the  effect   of   the
31    violation,  (iii)  deny,  suspend, or revoke any registration
32    under this Act, and (iv) determine the amount  of  any  civil
 
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 1    penalty  allowed  by the Act. The Director of Labor or his or
 2    her representative may compel, by  subpoena,  the  attendance
 3    and  testimony  of  witnesses  and  the  production of books,
 4    payrolls,  records,  papers,  and  other  evidence   in   any
 5    investigation   or   hearing  and  may  administer  oaths  to
 6    witnesses.

 7        (820 ILCS 175/60 new)
 8        Sec. 60.  Review under  Administrative  Review  Law.  Any
 9    party to a proceeding under this Act may apply for and obtain
10    judicial  review  of an order of the Department entered under
11    this  Act  in  accordance  with   the   provisions   of   the
12    Administrative  Review Law, as amended, and the Department in
13    proceedings under the Act may obtain an order from the  court
14    for the enforcement of its order.

15        (820 ILCS 175/65 new)
16        Sec.   65.  Contempt.   Whenever   it  appears  that  any
17    temporary staffing service agency has violated a valid  order
18    of  the  Department  issued  under  this Act, the Director of
19    Labor may commence an action and obtain  from  the  court  an
20    order  commanding  the  temporary  staffing service agency to
21    obey the order of the Department or  be  adjudged  guilty  of
22    contempt of court and punished accordingly.

23        (820 ILCS 175/70 new)
24        Sec. 70.  Penalties.  A temporary staffing service agency
25    that  violates  any  of the provisions of this Act concerning
26    registration, transportation,  equipment,  meals,  wages,  or
27    waiting  rooms  shall  be  subject  to a civil penalty not to
28    exceed $500 for any violations found in the first  audit  and
29    not  to  exceed $5,000 for any violations found in the second
30    audit.  For any violations that are found in  a  third  audit
31    that  are  within  7  years  of  the  earlier violations, the
 
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 1    Department may revoke the registration of the  violator.   In
 2    determining  the  amount  of  a  penalty,  the Director shall
 3    consider the appropriateness of the penalty to the  temporary
 4    staffing  service  agency  charged, upon the determination of
 5    the gravity of the violations. The  amount  of  the  penalty,
 6    when finally determined may be:
 7             (1)  Recovered  in  a  civil  action  brought by the
 8        Director  of  Labor  in  any  circuit  court.   In   this
 9        litigation, the Director of Labor shall be represented by
10        the Attorney General.
11             (2)  Ordered  by  the  court,  in action brought for
12        violation under this Act, to be paid to the  Director  of
13        Labor.
14        Any  administrative determination by the Department as to
15    the amount of each penalty shall be final unless reviewed  as
16    provided in Section 60 of this Act.

17        (820 ILCS 175/75 new)
18        Sec.  75.  Willful violations. Whoever willfully violates
19    any of the provisions of this Act or any rule  adopted  under
20    this  Act,  or whoever obstructs the Department of Labor, its
21    inspectors or deputies, or any  other  person  authorized  to
22    inspect  places  of employment under this Act shall be guilty
23    of a Class A misdemeanor. Each day during which  a  violation
24    of  this  Act  continues  shall  constitute  a  separate  and
25    distinct  offense,  and  the  employment  of  any  person  in
26    violation  of  the  Act shall, with respect to each person so
27    employed,  constitute  a  separate  and   distinct   offense.
28    Whenever,  in  the  opinion of the Department, a violation of
29    the  Act  has  occurred,  the  Department  shall  report  the
30    violation to the Attorney General of  this  State  who  shall
31    prosecute all reported violations.

32        (820 ILCS 175/80 new)
 
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 1        Sec.  80.  Child Labor and Temporary Staffing Enforcement
 2    Fund. All moneys received as fees and civil  penalties  under
 3    this  Act  shall  be  deposited  into  the  Child  Labor  and
 4    Temporary  Staffing  Enforcement Fund and may be used for the
 5    purposes set forth in Section 17.3 of the Child Labor Law.

 6        Section 15.  The Child Labor Law is amended  by  changing
 7    Section 17.3 as follows:

 8        (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
 9        Sec.   17.3.   Any  employer  who  violates  any  of  the
10    provisions of this Act or any rule or regulation issued under
11    the Act shall be subject to a civil penalty of not to  exceed
12    $5,000 for each such violation.  In determining the amount of
13    such penalty, the appropriateness of such penalty to the size
14    of  the  business  of the employer charged and the gravity of
15    the violation  shall  be  considered.   The  amount  of  such
16    penalty, when finally determined, may be
17             (1)  recovered  in  a  civil  action  brought by the
18        Director  of  Labor  in  any  circuit  court,  in   which
19        litigation  the Director of Labor shall be represented by
20        the Attorney General;
21             (2)  ordered by the court, in an action brought  for
22        violation under Section 19, to be paid to the Director of
23        Labor.
24        Any  administrative  determination  by  the Department of
25    Labor of the amount of each penalty  shall  be  final  unless
26    reviewed as provided in Section 17.1 of this Act.
27        Civil  penalties  recovered  under  this Section shall be
28    paid into the Child Labor and Temporary Staffing  Enforcement
29    Fund,  a  special  fund  which is hereby created in the State
30    treasury.  Moneys Monies in  the  Fund  may  shall  be  used,
31    subject    to    appropriation,   for   exemplary   programs,
32    demonstration projects,  and  other  activities  or  purposes
 
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 1    related  to the enforcement of this Act or for the activities
 2    or purposes related  to  the  enforcement  of  the  Temporary
 3    Staffing Services Act.
 4    (Source: P.A. 87-139; 88-365.)

 5        Section  99.   Effective  date.   This  Act  takes effect
 6    January 1, 2003.

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