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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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