[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
92_SB1975ham001
LRB9212627WHpcam
1 AMENDMENT TO SENATE BILL 1975
2 AMENDMENT NO. . Amend Senate Bill 1975 by replacing
3 everything after the enacting clause with the following:
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 Day and Temporary Labor
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 day and temporary labor services.
16 (820 ILCS 175/1)
17 Sec. 1. Short Title. This Act may be cited as the Day
18 and Temporary Labor Services Act.
19 (Source: P.A. 91-579, eff. 1-1-00.)
-2- LRB9212627WHpcam
1 (820 ILCS 175/5)
2 Sec. 5. Definitions. As used in this Act:
3 "Day or temporary laborer" means a natural person who
4 contracts for employment with a day and temporary labor
5 service agency.
6 "Day and temporary labor" means labor or employment that
7 is occasional or irregular at which a person is employed for
8 not longer than the time period required to complete the
9 assignment for which the person was hired and where wage
10 payments are made directly or indirectly by the day and
11 temporary labor service agency or the third party employer
12 for work undertaken by day or temporary laborers pursuant to
13 a contract between the day and temporary labor service agency
14 with the third party employer. "Day and temporary labor" does
15 not include labor or employment of a professional or clerical
16 nature.
17 "Day and temporary labor service agency" means any person
18 or entity engaged in the business of employing day or
19 temporary laborers to provide services to or for any third
20 party employer pursuant to a contract with the day and
21 temporary labor service and the third party employer.
22 "Department" means the Department of Labor.
23 "Third party employer" means any person that contracts
24 with a day and temporary labor service agency for the
25 employment of day or temporary laborers.
26 (Source: P.A. 91-579, eff. 1-1-00.)
27 (820 ILCS 175/10)
28 Sec. 10. Statement.
29 (a) Whenever a day and temporary labor service agency
30 agrees to send one or more persons to work as day or
31 temporary laborers, the day and temporary labor service
32 agency shall, upon request by a day or temporary laborer,
33 provide to the day or temporary laborer a statement
-3- LRB9212627WHpcam
1 containing the following items: "Name and nature of the work
2 to be performed", "wages offered", "destination of the person
3 employed", "terms of transportation", and whether a meal and
4 equipment is provided, either by the day and temporary labor
5 service or the third party employer, and the cost of the meal
6 and equipment, if any.
7 (b) No day and temporary labor service agency may send
8 any day or temporary laborer to any place where a strike, a
9 lockout, or other labor trouble exists without first
10 notifying the day or temporary laborer of the conditions.
11 (c) The Department shall recommend to day and temporary
12 labor service agencies that those agencies employ personnel
13 who can effectively communicate information required in
14 subsections (a) and (b) to day or temporary laborers in
15 Spanish, Polish, or any other language that is generally used
16 in the locale of the day and temporary labor agency.
17 (Source: P.A. 91-579, eff. 1-1-00.)
18 (820 ILCS 175/15)
19 Sec. 15. Meals. A day and temporary labor service
20 agency or a third party employer shall not charge a day or
21 temporary laborer more than the actual cost of a meal. In no
22 case shall the purchase of a meal be a condition of
23 employment for a day or temporary laborer.
24 (Source: P.A. 91-579, eff. 1-1-00.)
25 (820 ILCS 175/20)
26 Sec. 20. Transportation. A day and temporary labor
27 service agency or a third party employer shall charge no more
28 than the actual cost to transport a day or temporary laborer
29 to or from the designated work site; however, the total cost
30 to each day or temporary laborer shall not exceed 3% of the
31 day or temporary laborer's daily wages. Any motor vehicle
32 that is owned or operated by the day and temporary labor
-4- LRB9212627WHpcam
1 service agency or a third party employer, or a contractor of
2 either, which is used for the transportation of day or
3 temporary laborers shall have proof of financial
4 responsibility as provided for in Chapter 8 of the Illinois
5 Vehicle Code.
6 (Source: P.A. 91-579, eff. 1-1-00.)
7 (820 ILCS 175/25)
8 Sec. 25. Day or temporary laborer equipment. For any
9 safety equipment, clothing, accessories, or any other items
10 required by the nature of the work, either by law, custom, or
11 as a requirement of the third party employer, the day and
12 temporary labor service agency or the third party employer
13 may charge the day or temporary laborer the market value of
14 the item temporarily provided to the day or temporary laborer
15 by the third party employer if the day or temporary laborer
16 fails to return such items to the third party employer or the
17 day and temporary labor service agency. For any other
18 equipment, clothing, accessories, or any other items the day
19 and temporary labor service agency makes available for
20 purchase, the day or temporary laborer shall not be charged
21 more than the actual market value for the item.
22 (Source: P.A. 91-579, eff. 1-1-00.)
23 (820 ILCS 175/30)
24 Sec. 30. Wage Payment.
25 (a) At the time of the payment of wages, a day and
26 temporary labor service agency shall provide each day or
27 temporary laborer with an itemized statement showing in
28 detail each deduction made from the wages.
29 (b) A day and temporary labor service agency shall
30 provide each worker an annual earnings summary within a
31 reasonable time after the preceding calendar year, but in no
32 case later than February 1. A day and temporary labor
-5- LRB9212627WHpcam
1 service agency shall, at the time of each wage payment, give
2 notice to day or temporary laborers of the availability of
3 the annual earnings summary or post such a notice in a
4 conspicuous place in the public reception area.
5 (c) At the request of a day or temporary laborer, a day
6 and temporary labor service agency shall hold the daily wages
7 of the day or temporary laborer and make either weekly or
8 semi-monthly payments. The wages shall be paid in a single
9 check representing the wages earned during the period, either
10 weekly or semi-monthly, designated by the day or temporary
11 laborer in accordance with the Illinois Wage Payment and
12 Collection Act. Day and temporary labor service agencies
13 that make daily wage payments shall provide written
14 notification to all day or temporary laborers of the right to
15 request weekly or semi-monthly checks. The day and temporary
16 labor service agency may provide this notice by conspicuously
17 posting the notice at the location where the wages are
18 received by the day or temporary laborers.
19 (d) No day and temporary labor service agency shall
20 charge any day or temporary laborer for cashing a check
21 issued by the agency for wages earned by a day or temporary
22 laborer who performed work through that agency.
23 (e) Day or temporary laborers shall be paid no less than
24 the wage rate stated in the notice as provided in Section 10
25 of this Act for all the work performed on behalf of the third
26 party employer in addition to the work listed in the written
27 description.
28 (Source: P.A. 91-579, eff. 1-1-00.)
29 (820 ILCS 175/35)
30 Sec. 35. Public Access Area. Each day and temporary
31 labor service agency shall provide adequate seating in the
32 public access area of the offices of the agency. The public
33 access area shall be the location for the employment and wage
-6- LRB9212627WHpcam
1 notices required by Section 10 of this Act. The public
2 access area shall allow for access to restrooms and water.
3 (Source: P.A. 91-579, eff. 1-1-00.)
4 (820 ILCS 175/40)
5 Sec. 40. Work Restriction. No day and temporary labor
6 service agency shall restrict the right of a day or temporary
7 laborer to accept a permanent position with a third party
8 employer to whom the day or temporary laborer has been
9 referred for work or restrict the right of such third party
10 employer to offer such employment to a day or temporary
11 laborer. Nothing in this Section shall restrict a day and
12 temporary labor service agency from receiving a placement fee
13 from the third party employer for employing a day or
14 temporary laborer for whom a contract for work was effected
15 by the day and temporary labor service agency.
16 (Source: P.A. 91-579, eff. 1-1-00.)
17 (820 ILCS 175/45)
18 Sec. 45. Registration; Department of Labor. A day and
19 temporary labor service agency shall register with the
20 Department of Labor in accordance with rules adopted by the
21 Department for day and temporary labor service agencies that
22 operate within the State. The Department may assess each
23 agency a non-refundable registration fee not exceeding $250
24 per year. The fee may be paid by check or money order and
25 the Department may not refuse to accept a check on the basis
26 that it is not a certified check or a cashier's check. The
27 Department may charge an additional fee to be paid by an
28 agency if the agency, or any person on the agency's behalf,
29 issues or delivers a check to the Department that is not
30 honored by the financial institution upon which it is drawn.
31 The Department shall also adopt rules for violation hearings
32 and penalties for violations of this Act or the Department's
-7- LRB9212627WHpcam
1 rules in conjunction with the fines and penalties set forth
2 in this Act. The Department shall cause to be posted in each
3 agency a notice which informs the public of a toll-free
4 telephone number for day or temporary laborers and the public
5 to file wage dispute complaints and other alleged violations
6 by day and temporary labor service agencies.
7 (Source: P.A. 91-579, eff. 1-1-00.)
8 (820 ILCS 175/50)
9 Sec. 50. Violations. The Department shall have the
10 authority to suspend or revoke the registration of a day and
11 temporary labor service agency if warranted by public health
12 and safety concerns or violations of this Act.
13 (Source: P.A. 91-579, eff. 1-1-00.)
14 (820 ILCS 175/55 new)
15 Sec. 55. Enforcement. It shall be the duty of the
16 Department to enforce the provisions of this Act. The
17 Department shall have the power to conduct investigations in
18 connection with the administration and enforcement of this
19 Act and any investigator with the Department shall be
20 authorized to visit and inspect, at all reasonable times, any
21 places covered by this Act. The Department shall conduct
22 hearings in accordance with the Illinois Administrative
23 Procedure Act upon written complaint by an investigator of
24 the Department or any interested person of a violation of the
25 Act. After the hearing, if supported by the evidence, the
26 Department may (i) issue and cause to be served on any party
27 an order to cease and desist from further violation of the
28 Act, (ii) take affirmative or other action as deemed
29 reasonable to eliminate the effect of the violation, (iii)
30 deny, suspend, or revoke any registration under this Act, and
31 (iv) determine the amount of any civil penalty allowed by the
32 Act. The Director of Labor or his or her representative may
-8- LRB9212627WHpcam
1 compel, by subpoena, the attendance and testimony of
2 witnesses and the production of books, payrolls, records,
3 papers, and other evidence in any investigation or hearing
4 and may administer oaths to witnesses. Nothing in this Act
5 applies to labor or employment of a clerical or professional
6 nature.
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, and the Department in proceedings
13 under the Act may obtain an order from the court for the
14 enforcement of its order.
15 (820 ILCS 175/65 new)
16 Sec. 65. Contempt. Whenever it appears that any day and
17 temporary labor service agency has violated a valid order of
18 the Department issued under this Act, the Director of Labor
19 may commence an action and obtain from the court an order
20 commanding the day and temporary labor service agency to obey
21 the order of the Department or be adjudged guilty of contempt
22 of court and punished accordingly.
23 (820 ILCS 175/70 new)
24 Sec. 70. Penalties. A day and temporary labor service
25 agency that violates any of the provisions of this Act
26 concerning registration, transportation, equipment, meals,
27 wages, or waiting rooms shall be subject to a civil penalty
28 not to exceed $500 for any violations found in the first
29 audit by the Department and not to exceed $5,000 for any
30 violations found in the second audit by the Department. For
31 any violations that are found in a third audit by the
-9- LRB9212627WHpcam
1 Department that are within 7 years of the earlier violations,
2 the Department may revoke the registration of the violator.
3 In determining the amount of a penalty, the Director shall
4 consider the appropriateness of the penalty to the day and
5 temporary labor service agency charged, upon the
6 determination of the gravity of the violations. The amount of
7 the penalty, when finally determined, may be:
8 (1) Recovered in a civil action brought by the
9 Director of Labor in any circuit court. In this
10 litigation, the Director of Labor shall be represented by
11 the Attorney General.
12 (2) Ordered by the court, in an action brought by
13 any party for a violation under this Act, to be paid to
14 the Director of Labor.
15 Any administrative determination by the Department as to
16 the amount of each penalty shall be final unless reviewed as
17 provided in Section 60 of this Act.
18 (820 ILCS 175/75 new)
19 Sec. 75. Willful violations. Whoever willfully violates
20 any of the provisions of this Act or any rule adopted under
21 this Act, or whoever obstructs the Department of Labor, its
22 inspectors or deputies, or any other person authorized to
23 inspect places of employment under this Act shall be guilty
24 of a Class A misdemeanor. Each day during which a violation
25 of this Act continues shall constitute a separate and
26 distinct offense, and the employment of any person in
27 violation of the Act shall, with respect to each person so
28 employed, constitute a separate and distinct offense.
29 Whenever, in the opinion of the Department, a violation of
30 the Act has occurred, the Department shall report the
31 violation to the Attorney General of this State who shall
32 have authority to prosecute all reported violations.
-10- LRB9212627WHpcam
1 (820 ILCS 175/80 new)
2 Sec. 80. Child Labor and Day and Temporary Labor
3 Enforcement Fund. All moneys received as fees and civil
4 penalties under this Act shall be deposited into the Child
5 Labor and Day and Temporary Labor Enforcement Fund and may be
6 used for the purposes set forth in Section 17.3 of the Child
7 Labor Law.
8 Section 15. The Child Labor Law is amended by changing
9 Section 17.3 as follows:
10 (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
11 Sec. 17.3. Any employer who violates any of the
12 provisions of this Act or any rule or regulation issued under
13 the Act shall be subject to a civil penalty of not to exceed
14 $5,000 for each such violation. In determining the amount of
15 such penalty, the appropriateness of such penalty to the size
16 of the business of the employer charged and the gravity of
17 the violation shall be considered. The amount of such
18 penalty, when finally determined, may be
19 (1) recovered in a civil action brought by the
20 Director of Labor in any circuit court, in which
21 litigation the Director of Labor shall be represented by
22 the Attorney General;
23 (2) ordered by the court, in an action brought for
24 violation under Section 19, to be paid to the Director of
25 Labor.
26 Any administrative determination by the Department of
27 Labor of the amount of each penalty shall be final unless
28 reviewed as provided in Section 17.1 of this Act.
29 Civil penalties recovered under this Section shall be
30 paid into the Child Labor and Day and Temporary Labor
31 Enforcement Fund, a special fund which is hereby created in
32 the State treasury. Moneys Monies in the Fund may shall be
-11- LRB9212627WHpcam
1 used, subject to appropriation, for exemplary programs,
2 demonstration projects, and other activities or purposes
3 related to the enforcement of this Act or for the activities
4 or purposes related to the enforcement of the Day and
5 Temporary Labor Services Act.
6 (Source: P.A. 87-139; 88-365.)
7 Section 99. Effective date. This Act takes effect
8 January 1, 2003.".