Bill Amendment: IL SB3650 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DAY & TEMPORARY LABOR AGENCIES
Status: 2024-08-09 - Public Act . . . . . . . . . 103-1030 [SB3650 Detail]
Download: Illinois-2023-SB3650-House_Amendment_001.html
Bill Title: DAY & TEMPORARY LABOR AGENCIES
Status: 2024-08-09 - Public Act . . . . . . . . . 103-1030 [SB3650 Detail]
Download: Illinois-2023-SB3650-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3650 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3650 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Day and Temporary Labor Services Act is | ||||||
5 | amended by changing Sections 5, 10, 11, 42, 45, 55, and 85 and | ||||||
6 | by adding Section 43 as follows:
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7 | (820 ILCS 175/5) | ||||||
8 | Sec. 5. Definitions. As used in this Act: | ||||||
9 | "Applicant" means a natural person who seeks a work | ||||||
10 | assignment at a day and temporary labor service agency. | ||||||
11 | "Day or temporary laborer" means a natural person who | ||||||
12 | contracts for employment with a day and temporary labor | ||||||
13 | service agency. | ||||||
14 | "Day and temporary labor" means work performed by a day or | ||||||
15 | temporary laborer at a third party client, the duration of | ||||||
16 | which may be specific or undefined, pursuant to a contract or |
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1 | understanding between the day and temporary labor service | ||||||
2 | agency and the third party client. "Day and temporary labor" | ||||||
3 | does not include labor or employment of a professional or | ||||||
4 | clerical nature. | ||||||
5 | "Day and temporary labor service agency" means any person | ||||||
6 | or entity engaged in the business of employing day or | ||||||
7 | temporary laborers to provide services, for a fee, to or for | ||||||
8 | any third party client pursuant to a contract with the day and | ||||||
9 | temporary labor service agency and the third party client. | ||||||
10 | "Department" means the Department of Labor. | ||||||
11 | "Interested party" means an organization that monitors or | ||||||
12 | is attentive to compliance with public or worker safety laws, | ||||||
13 | wage and hour requirements, or other statutory requirements. | ||||||
14 | "Labor dispute" means any controversy concerning wages, | ||||||
15 | hours, terms, or conditions of employment. | ||||||
16 | "Third party client" means any person that contracts with | ||||||
17 | a day and temporary labor service agency for obtaining day or | ||||||
18 | temporary laborers. | ||||||
19 | "Person" means every natural person, firm, partnership, | ||||||
20 | co-partnership, limited liability company, corporation, | ||||||
21 | association, business trust, or other legal entity, or its | ||||||
22 | legal representatives, agents, or assigns. | ||||||
23 | (Source: P.A. 103-437, eff. 8-4-23.)
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24 | (820 ILCS 175/10) | ||||||
25 | Sec. 10. Employment notice and application receipt. |
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1 | Notice. | ||||||
2 | (a) Employment notice. Whenever a day and temporary labor | ||||||
3 | service agency agrees to send one or more persons to work as | ||||||
4 | day or temporary laborers, the day and temporary labor service | ||||||
5 | agency shall provide to each day or temporary laborer, at the | ||||||
6 | time of dispatch, a statement containing the following items | ||||||
7 | on a form approved by the Department: | ||||||
8 | (1) the name of the day or temporary laborer; | ||||||
9 | (2) the name and nature of the work to be performed , | ||||||
10 | including a list of basic job duties, and the types of | ||||||
11 | equipment, protective clothing, and training that are | ||||||
12 | required for the task; | ||||||
13 | (3) the wages offered; | ||||||
14 | (4) the name and address , including county, of the | ||||||
15 | destination of each day or temporary laborer; | ||||||
16 | (5) terms of transportation; and | ||||||
17 | (6) whether a meal or equipment, or both, are | ||||||
18 | provided, either by the day and temporary labor service | ||||||
19 | agency or the third party client, and the cost of the meal | ||||||
20 | and equipment, if any ; and . | ||||||
21 | (7) for a day or temporary laborer entitled to the pay | ||||||
22 | requirements described in Section 42, either: | ||||||
23 | (A) the seniority and hourly wage of the | ||||||
24 | comparator being used to determine the wage if the | ||||||
25 | wage is determined under paragraph (1) of subsection | ||||||
26 | (a) of Section 42; or |
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1 | (B) the standard occupational classification used | ||||||
2 | if the wage is determined under paragraph (2) of | ||||||
3 | subsection (a) of Section 42. | ||||||
4 | If a day or temporary laborer is assigned to the same | ||||||
5 | assignment for more than one day, the day and temporary labor | ||||||
6 | service agency is required to provide the employment notice | ||||||
7 | only on the first day of the assignment and on any day that any | ||||||
8 | of the terms listed on the employment notice are changed. | ||||||
9 | If the day or temporary laborer is not placed with a third | ||||||
10 | party client or otherwise contracted to work for that day, the | ||||||
11 | day and temporary labor service agency shall, upon request, | ||||||
12 | provide the day and temporary laborer with a confirmation that | ||||||
13 | the day or temporary laborer sought work, signed by an | ||||||
14 | employee of the day and temporary labor service agency, which | ||||||
15 | shall include the name of the agency, the name and address of | ||||||
16 | the day or temporary laborer, and the date and the time that | ||||||
17 | the day or temporary laborer receives the confirmation. | ||||||
18 | (b) (Blank). No day and temporary labor service agency | ||||||
19 | may send any day or temporary laborer to any place where a | ||||||
20 | strike, a lockout, or other labor trouble exists. | ||||||
21 | (b-5) Application receipt. If an applicant seeks a work | ||||||
22 | assignment as a day or temporary laborer with a day and | ||||||
23 | temporary labor service agency, including in-person, online, | ||||||
24 | or through an app-based system, and is not placed with a third | ||||||
25 | party client or otherwise contracted to work for that day by | ||||||
26 | the day and temporary labor service agency, the day and |
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1 | temporary labor service agency shall provide the applicant | ||||||
2 | with a confirmation that the applicant sought work, signed by | ||||||
3 | an employee of the day and temporary labor service agency, on a | ||||||
4 | form approved by the Department, that shall include: | ||||||
5 | (1) the name and location of the day and temporary | ||||||
6 | labor service agency and branch office; | ||||||
7 | (2) the name and address of the applicant; | ||||||
8 | (3) the date and the time that the applicant sought | ||||||
9 | the work assignment; | ||||||
10 | (4) the manner in which the applicant sought the work | ||||||
11 | assignment; and | ||||||
12 | (5) the specific work sites or type of jobs sought by | ||||||
13 | the applicant, if applicable. | ||||||
14 | (c) The Department shall recommend to day and temporary | ||||||
15 | labor service agencies that those agencies employ personnel | ||||||
16 | who can effectively communicate information required in | ||||||
17 | subsections (a) and (b-5) (b) to day or temporary laborers in | ||||||
18 | Spanish, Polish, or any other language that is generally | ||||||
19 | understood in the locale of the day and temporary labor | ||||||
20 | service agency. | ||||||
21 | (Source: P.A. 99-78, eff. 7-20-15; 100-517, eff. 6-1-18 .)
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22 | (820 ILCS 175/11) | ||||||
23 | Sec. 11. Right to refuse assignment to a labor dispute. | ||||||
24 | (a) No day and temporary labor service agency may send a | ||||||
25 | day or temporary laborer to a place where a strike, a lockout, |
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1 | or work stoppage other labor trouble exists because of a labor | ||||||
2 | dispute or where a picket, bannering, or handbilling exists | ||||||
3 | because of a labor dispute without providing, at or before the | ||||||
4 | time of dispatch, a statement, in writing and in a language | ||||||
5 | that the day and temporary laborer understands, informing the | ||||||
6 | day or temporary laborer of the labor dispute and the day or | ||||||
7 | temporary laborer's right to refuse the assignment without | ||||||
8 | prejudice to receiving another assignment. | ||||||
9 | (b) The failure by a day and temporary labor service | ||||||
10 | agency to provide any of the information required by this | ||||||
11 | Section shall constitute a notice violation under Section 95. | ||||||
12 | The failure of a day and temporary labor service agency to | ||||||
13 | provide each piece of information required by this Section at | ||||||
14 | each time it is required by this Section shall constitute a | ||||||
15 | separate and distinct notice violation. If a day and temporary | ||||||
16 | labor service agency claims that it has provided a notice as | ||||||
17 | required under this Section electronically, the day and | ||||||
18 | temporary labor service agency shall bear the burden of | ||||||
19 | showing that the notice was provided if there is a dispute. | ||||||
20 | (Source: P.A. 103-437, eff. 8-4-23.)
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21 | (820 ILCS 175/42) | ||||||
22 | Sec. 42. Equal pay for equal work. | ||||||
23 | (a) A day and temporary labor service agency shall pay a A | ||||||
24 | day or temporary laborer who is assigned to work and performs | ||||||
25 | work at the same a third party client for more than 720 hours |
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1 | within a 12-month period, beginning on or after April 1, 2024, | ||||||
2 | in accordance with one of the following methods: 90 calendar | ||||||
3 | days shall be paid not less than the rate of pay and equivalent | ||||||
4 | benefits as the lowest paid | ||||||
5 | (1) Third party client employee compensation as a | ||||||
6 | basis for compensation. The day or temporary laborer shall | ||||||
7 | be paid as follows: | ||||||
8 | (A) if there is a directly hired comparator | ||||||
9 | employee of the third party client with the same or | ||||||
10 | substantially similar level of seniority at the | ||||||
11 | company and performing the same or substantially | ||||||
12 | similar work on jobs the performance of which requires | ||||||
13 | substantially similar skill, effort, and | ||||||
14 | responsibility, and that are performed under similar | ||||||
15 | working conditions , not less than the straight-time | ||||||
16 | hourly rate of pay or hourly equivalent of the lowest | ||||||
17 | paid directly hired comparator employee of the third | ||||||
18 | party client who is entitled to overtime under the | ||||||
19 | Fair Labor Standards Act of 1938, as amended, with the | ||||||
20 | same or substantially similar level of seniority at | ||||||
21 | the company and performing the same or substantially | ||||||
22 | similar work on jobs the performance of which requires | ||||||
23 | substantially similar skill, effort, and | ||||||
24 | responsibility, and that are performed under similar | ||||||
25 | working conditions; or . | ||||||
26 | (B) if If there is not a directly hired comparator |
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1 | comparative employee of the third party client, the | ||||||
2 | day or temporary laborer shall be paid not less than | ||||||
3 | the straight-time hourly rate of pay or hourly and | ||||||
4 | equivalent benefits of the lowest paid directly direct | ||||||
5 | hired employee of the third party client who is | ||||||
6 | entitled to overtime under the Fair Labor Standards | ||||||
7 | Act of 1938, as amended, company with the closest | ||||||
8 | level of seniority at the third party client company. | ||||||
9 | A day and temporary labor service agency may pay the | ||||||
10 | hourly cash equivalent of the actual cost benefits in | ||||||
11 | lieu of benefits required under this Section . | ||||||
12 | (2) Bureau of Labor Statistics data as a basis for | ||||||
13 | compensation. At the sole discretion of the third party | ||||||
14 | client, the day or temporary laborer shall be paid as | ||||||
15 | follows: | ||||||
16 | (A) if a day or temporary laborer has been | ||||||
17 | assigned to work and performs work at the same third | ||||||
18 | party client for more than 720 hours within a 12-month | ||||||
19 | period, not less than the median base hourly rate, or | ||||||
20 | hourly equivalent if paid on a salary basis, of | ||||||
21 | workers working in the same or a substantially similar | ||||||
22 | job classification, as reflected in the detail level | ||||||
23 | of the most recent Standard Occupational | ||||||
24 | Classification System published by the United States | ||||||
25 | Department of Labor's Bureau of Labor Statistics, in | ||||||
26 | the same metropolitan area or non-metropolitan area of |
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1 | Illinois where the work is performed, as reflected in | ||||||
2 | the most recent Occupational Employment and Wage | ||||||
3 | Statistics Survey, or any successor publication, | ||||||
4 | published by the United States Department of Labor's | ||||||
5 | Bureau of Labor Statistics; or | ||||||
6 | (B) if a day or temporary laborer has been | ||||||
7 | assigned to work and performs work at the same third | ||||||
8 | party client for more than 4,160 hours within a | ||||||
9 | 48-month period, not less than the 75th percentile | ||||||
10 | base hourly rate, or hourly equivalent if paid on a | ||||||
11 | salary basis, of workers working in the same or | ||||||
12 | substantially similar job classification, as reflected | ||||||
13 | in the detail level of the most recent Standard | ||||||
14 | Occupational Classification System published by the | ||||||
15 | United States Department of Labor's Bureau of Labor | ||||||
16 | Statistics, in the same metropolitan area or | ||||||
17 | non-metropolitan area of Illinois where the work is | ||||||
18 | performed, as reflected in the most recent | ||||||
19 | Occupational Employment and Wage Statistics Survey, or | ||||||
20 | any successor publication, published by the United | ||||||
21 | States Department of Labor's Bureau of Labor | ||||||
22 | Statistics. | ||||||
23 | The Department shall provide on its website a link to | ||||||
24 | the publications specified in this paragraph and a link to | ||||||
25 | the United States Department of Labor's guidance on | ||||||
26 | determining standard occupational classifications. |
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1 | (b) A day and temporary labor agency shall provide a day or | ||||||
2 | temporary laborer who is assigned to work and performs work at | ||||||
3 | the same third party client for more than 720 hours within a | ||||||
4 | 12-month period, beginning on or after April 1, 2024, | ||||||
5 | substantially similar benefits to the job classification of | ||||||
6 | employees performing the same or substantially similar work on | ||||||
7 | jobs and performed under similar working conditions. A day and | ||||||
8 | temporary labor service agency may pay the hourly average cash | ||||||
9 | equivalent of the actual cost of the benefits the third party | ||||||
10 | client provides the applicable directly hired employees in | ||||||
11 | lieu of benefits required under this subsection. | ||||||
12 | (c) Upon request, a third party client to which a day or | ||||||
13 | temporary laborer has been assigned to work and performed work | ||||||
14 | for more than 720 hours within a 12-month period or 4,160 hours | ||||||
15 | within a 48-month period 90 calendar days shall be obligated | ||||||
16 | to timely provide the day and temporary labor service agency | ||||||
17 | with all necessary information related to job duties, working | ||||||
18 | conditions, pay, seniority, and benefits it provides to the | ||||||
19 | applicable classification of directly hired employees | ||||||
20 | necessary for the day and temporary labor service agency to | ||||||
21 | comply with this Section. Upon receipt of the accurate and | ||||||
22 | complete information described in this subsection from the | ||||||
23 | third party client, it shall be the responsibility and duty of | ||||||
24 | the day and temporary labor service agency to calculate and | ||||||
25 | determine the straight-time hourly rate of pay and the | ||||||
26 | benefits it shall offer to the day or temporary laborer, |
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1 | including any cash equivalent. The failure by a third party | ||||||
2 | client to provide any of the information required under this | ||||||
3 | Section shall constitute a notice violation by the third party | ||||||
4 | client under Section 95. For purposes of this Section, the day | ||||||
5 | and temporary labor service agency shall be considered a | ||||||
6 | person aggrieved as described in Section 95. For the purposes | ||||||
7 | of this Section, the calculation of the 90 calendar days may | ||||||
8 | not begin until April 1, 2024. | ||||||
9 | (d) For purposes of this Section, "seniority" means the | ||||||
10 | number of calendar months a day or temporary laborer has been | ||||||
11 | assigned to and worked at the third party client compared to | ||||||
12 | the number of calendar months a directly hired comparator | ||||||
13 | employee has been employed by the third party client. | ||||||
14 | (Source: P.A. 103-437, eff. 8-4-23; 103-564, eff. 11-17-23.)
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15 | (820 ILCS 175/43 new) | ||||||
16 | Sec. 43. Exception to equal pay requirements. The | ||||||
17 | requirements set forth in Section 42 shall not apply to any | ||||||
18 | company where the direct hire employees of the third party | ||||||
19 | client performing the same or substantially similar work as | ||||||
20 | the day or temporary laborers assigned to work at the third | ||||||
21 | party client are covered by a valid collective bargaining | ||||||
22 | agreement in effect on April 1, 2024 for the period covered by | ||||||
23 | that current collective bargaining agreement. Thereafter, the | ||||||
24 | hourly cash payment specified in subsection (b) of Section 42 | ||||||
25 | shall not be required if the direct hire employees of the third |
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1 | party client performing the same or substantially similar work | ||||||
2 | as the day or temporary laborers assigned to work at the third | ||||||
3 | party client are covered by a valid collective bargaining | ||||||
4 | agreement for any period covered by that collective bargaining | ||||||
5 | agreement.
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6 | (820 ILCS 175/45) | ||||||
7 | Sec. 45. Registration; Department of Labor. | ||||||
8 | (a) A day and temporary labor service agency which is | ||||||
9 | located, operates or transacts business within this State | ||||||
10 | shall register with the Department of Labor in accordance with | ||||||
11 | rules adopted by the Department for day and temporary labor | ||||||
12 | service agencies and shall be subject to this Act and any rules | ||||||
13 | adopted under this Act. Each day and temporary labor service | ||||||
14 | agency shall provide proof of an employer account number | ||||||
15 | issued by the Department of Employment Security for the | ||||||
16 | payment of unemployment insurance contributions as required | ||||||
17 | under the Unemployment Insurance Act, and proof of valid | ||||||
18 | workers' compensation insurance in effect at the time of | ||||||
19 | registration covering all of its employees. If, at any time, a | ||||||
20 | day and temporary labor service agency's workers' compensation | ||||||
21 | insurance coverage lapses, the agency shall have an | ||||||
22 | affirmative duty to report the lapse of such coverage to the | ||||||
23 | Department and the agency's registration shall be suspended | ||||||
24 | until the agency's workers' compensation insurance is | ||||||
25 | reinstated. The Department may assess each day and temporary |
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1 | labor service agency a non-refundable registration fee not | ||||||
2 | exceeding $3,000 per year per agency and a non-refundable fee | ||||||
3 | not to exceed $750 for each branch office or other location | ||||||
4 | where the agency regularly contracts with day or temporary | ||||||
5 | laborers for services. The fee may be paid by check, money | ||||||
6 | order, or the State Treasurer's E-Pay program or any successor | ||||||
7 | program, and the Department may not refuse to accept a check on | ||||||
8 | the basis that it is not a certified check or a cashier's | ||||||
9 | check. The Department may charge an additional fee to be paid | ||||||
10 | by a day and temporary labor service agency if the agency, or | ||||||
11 | any person on the agency's behalf, issues or delivers a check | ||||||
12 | to the Department that is not honored by the financial | ||||||
13 | institution upon which it is drawn. The Department shall also | ||||||
14 | adopt rules for violation hearings and penalties for | ||||||
15 | violations of this Act or the Department's rules in | ||||||
16 | conjunction with the penalties set forth in this Act. | ||||||
17 | (a-1) At the time of registration with the Department of | ||||||
18 | Labor each year, the day and temporary labor service agency | ||||||
19 | shall submit to the Department of Labor a report containing | ||||||
20 | the information identified in paragraph (9) of subsection (a) | ||||||
21 | of Section 12, broken down by branch office, in the aggregate | ||||||
22 | for all day or temporary laborers assigned within Illinois and | ||||||
23 | subject to this Act during the preceding year. This | ||||||
24 | information shall be submitted on a form created by the | ||||||
25 | Department of Labor. The Department of Labor shall aggregate | ||||||
26 | the information submitted by all registering day and temporary |
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1 | labor service agencies by removing identifying data and shall | ||||||
2 | have the information available to the public only on a | ||||||
3 | municipal and county basis. As used in this paragraph, | ||||||
4 | "identifying data" means any and all information that: (i) | ||||||
5 | provides specific information on individual worker identity; | ||||||
6 | (ii) identifies the service agency in any manner; and (iii) | ||||||
7 | identifies clients utilizing the day and temporary labor | ||||||
8 | service agency or any other information that can be traced | ||||||
9 | back to any specific registering day and temporary labor | ||||||
10 | service agency or its client. The information and reports | ||||||
11 | submitted to the Department of Labor under this subsection by | ||||||
12 | the registering day and temporary labor service agencies are | ||||||
13 | exempt from inspection and copying under Section 7.5 of the | ||||||
14 | Freedom of Information Act. | ||||||
15 | (b) It is a violation of this Act to operate a day and | ||||||
16 | temporary labor service agency without first registering with | ||||||
17 | the Department in accordance with subsection (a) of this | ||||||
18 | Section. The Department shall create and maintain at regular | ||||||
19 | intervals on its website, accessible to the public: (1) a list | ||||||
20 | of all registered day and temporary labor service agencies in | ||||||
21 | the State whose registration is in good standing; (2) a list of | ||||||
22 | day and temporary labor service agencies in the State whose | ||||||
23 | registration has been suspended, including the reason for the | ||||||
24 | suspension, the date the suspension was initiated, and the | ||||||
25 | date, if known, the suspension is to be lifted; and (3) a list | ||||||
26 | of day and temporary labor service agencies in the State whose |
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1 | registration has been revoked, including the reason for the | ||||||
2 | revocation and the date the registration was revoked. The | ||||||
3 | Department has the authority to assess a penalty against any | ||||||
4 | day and temporary labor service agency that fails to register | ||||||
5 | with the Department of Labor in accordance with this Act or any | ||||||
6 | rules adopted under this Act of $500 for each violation. Each | ||||||
7 | day during which a day and temporary labor service agency | ||||||
8 | operates without registering with the Department shall be a | ||||||
9 | separate and distinct violation of this Act. | ||||||
10 | (c) A day and temporary labor service agency applying for | ||||||
11 | registration with the Department An applicant is not eligible | ||||||
12 | to register to operate a day and temporary labor service | ||||||
13 | agency under this Act if the day and temporary labor service | ||||||
14 | agency applying for registration with the Department applicant | ||||||
15 | or any of its officers, directors, partners, or managers or | ||||||
16 | any owner of 25% or greater beneficial interest: | ||||||
17 | (1) has been involved, as owner, officer, director, | ||||||
18 | partner, or manager, of any day and temporary labor | ||||||
19 | service agency whose registration has been revoked or has | ||||||
20 | been suspended without being reinstated within the 5 years | ||||||
21 | immediately preceding the filing of the application; or | ||||||
22 | (2) is under the age of 18. | ||||||
23 | (d) Every agency shall post and keep posted at each | ||||||
24 | location, in a position easily accessible to all day or | ||||||
25 | temporary laborers s , notices as supplied and required by the | ||||||
26 | Department containing a copy or summary of the provisions of |
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1 | the Act and a notice which informs the public of a toll-free | ||||||
2 | telephone number for day or temporary laborers and the public | ||||||
3 | to file wage dispute complaints and other alleged violations | ||||||
4 | by day and temporary labor service agencies. Every day and | ||||||
5 | temporary labor service agency employing day or temporary | ||||||
6 | laborers who communicate with the day and temporary labor | ||||||
7 | service agency by electronic communication shall also provide | ||||||
8 | all required notices by email to its day or temporary laborers | ||||||
9 | or on a website, regularly used by the employer to communicate | ||||||
10 | work-related information, that all day or temporary laborers | ||||||
11 | are able to regularly access, freely and without interference. | ||||||
12 | Such notices shall be in English and any other language | ||||||
13 | generally understood in the locale of the day and temporary | ||||||
14 | labor service agency. | ||||||
15 | (Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23; | ||||||
16 | revised 12-15-23.)
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17 | (820 ILCS 175/55) | ||||||
18 | Sec. 55. Enforcement by the Department. It shall be the | ||||||
19 | duty of the Department to enforce the provisions of this Act | ||||||
20 | when, in the Department's judgment, there is cause and | ||||||
21 | sufficient resources for investigation . The Department shall | ||||||
22 | have the power to conduct investigations in connection with | ||||||
23 | the administration and enforcement of this Act and any | ||||||
24 | investigator with the Department shall be authorized to visit | ||||||
25 | and inspect, at all reasonable times, any places covered by |
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1 | this Act and shall be authorized to inspect, at all reasonable | ||||||
2 | times, contracts for the employment of all day or temporary | ||||||
3 | laborers entered into by a third party client if the | ||||||
4 | Department has received a complaint indicating that the third | ||||||
5 | party client may have contracted with a day and temporary | ||||||
6 | labor service agency that is not registered under this Act. | ||||||
7 | The Department shall conduct hearings in accordance with the | ||||||
8 | Illinois Administrative Procedure Act upon written complaint | ||||||
9 | by an investigator of the Department or any interested person | ||||||
10 | of a violation of the Act. After the hearing, if supported by | ||||||
11 | the evidence, the Department may (i) issue and cause to be | ||||||
12 | served on any party an order to cease and desist from further | ||||||
13 | violation of the Act, (ii) take affirmative or other action as | ||||||
14 | deemed reasonable to eliminate the effect of the violation, | ||||||
15 | (iii) deny, suspend, or revoke any registration under this | ||||||
16 | Act, and (iv) determine the amount of any civil penalty | ||||||
17 | allowed by the Act. The Director of Labor or his or her | ||||||
18 | representative may compel, by subpoena, the attendance and | ||||||
19 | testimony of witnesses and the production of books, payrolls, | ||||||
20 | records, papers, and other evidence in any investigation or | ||||||
21 | hearing and may administer oaths to witnesses. Nothing in this | ||||||
22 | Act applies to labor or employment of a clerical or | ||||||
23 | professional nature. | ||||||
24 | (Source: P.A. 103-437, eff. 8-4-23.)
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25 | (820 ILCS 175/85) |
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1 | Sec. 85. Third party clients. | ||||||
2 | (a) It is a violation of this Act for a third party client | ||||||
3 | to enter into a contract for the employment of day or temporary | ||||||
4 | laborers with any day and temporary labor service agency not | ||||||
5 | registered under Section 45 of this Act. A third party client | ||||||
6 | has a duty to verify a day and temporary labor service agency's | ||||||
7 | status with the Department before entering into a contract | ||||||
8 | with such an agency, and on March 1 and September 1 of each | ||||||
9 | year. A day and temporary labor service agency shall be | ||||||
10 | required to provide each of its third party clients with proof | ||||||
11 | of valid registration issued by the Department at the time of | ||||||
12 | entering into a contract. A day and temporary labor service | ||||||
13 | agency shall be required to notify, both by telephone and in | ||||||
14 | writing, each day or temporary laborer it employs and each | ||||||
15 | third party client with whom it has a contract within 24 hours | ||||||
16 | of any denial, suspension, or revocation of its registration | ||||||
17 | by the Department. All contracts between any day and temporary | ||||||
18 | labor service agency and any third party client shall be | ||||||
19 | considered null and void from the date any such denial, | ||||||
20 | suspension, or revocation of registration becomes effective | ||||||
21 | and until such time as the day and temporary labor service | ||||||
22 | agency becomes registered and considered in good standing by | ||||||
23 | the Department as provided in Section 50 and Section 55. Upon | ||||||
24 | request, the Department shall provide to a third party client | ||||||
25 | a list of entities registered as day and temporary labor | ||||||
26 | service agencies. The Department shall provide on the Internet |
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1 | a list of entities registered as day and temporary labor | ||||||
2 | service agencies. A third party client may rely on information | ||||||
3 | provided by the Department or maintained on the Department's | ||||||
4 | website pursuant to Section 45 of this Act and shall be held | ||||||
5 | harmless if such information maintained or provided by the | ||||||
6 | Department was inaccurate. Any third party client that | ||||||
7 | violates this provision of the Act is subject to a civil | ||||||
8 | penalty of not less than $100 and not to exceed $1,500. Each | ||||||
9 | day during which a third party client contracts with a day and | ||||||
10 | temporary labor service agency not registered under Section 45 | ||||||
11 | of this Act shall constitute a separate and distinct offense. | ||||||
12 | (b) If a third party client leases or contracts with a day | ||||||
13 | and temporary service agency for the services of a day or | ||||||
14 | temporary laborer, the third party client shall share all | ||||||
15 | legal responsibility and liability for the payment of wages | ||||||
16 | under the Illinois Wage Payment and Collection Act and the | ||||||
17 | Minimum Wage Law. | ||||||
18 | (c) Before the assignment of an employee to a worksite | ||||||
19 | employer, a day and temporary labor service agency must: | ||||||
20 | (1) inquire about the client company's safety and | ||||||
21 | health practices and hazards at the actual workplace where | ||||||
22 | the day or temporary laborer will be working to assess the | ||||||
23 | safety conditions, workers tasks, and the client company's | ||||||
24 | safety program; these activities are required at the start | ||||||
25 | of any contract to place day or temporary laborers and may | ||||||
26 | include visiting the client company's actual worksite. If, |
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1 | during the inquiry or anytime during the period of the | ||||||
2 | contract, the day and temporary labor service agency | ||||||
3 | becomes aware of existing job hazards that are not | ||||||
4 | mitigated by the client company, the day and temporary | ||||||
5 | labor service agency must make the client company aware, | ||||||
6 | urge the client company to correct it, and document these | ||||||
7 | efforts, otherwise the day and temporary labor service | ||||||
8 | agency must remove the day or temporary laborers from the | ||||||
9 | client company's worksite; | ||||||
10 | (2) provide training to the day or temporary laborer | ||||||
11 | for general awareness safety training for recognized | ||||||
12 | industry hazards the day or temporary laborer may | ||||||
13 | encounter at the client company's worksite. Industry | ||||||
14 | hazard training must be completed, in the preferred | ||||||
15 | language of the day or temporary laborer, and must be | ||||||
16 | provided at no expense to the day or temporary laborer. | ||||||
17 | The training date and training content must be maintained | ||||||
18 | by the day and temporary staffing agency and provided to | ||||||
19 | the day or temporary laborer; | ||||||
20 | (3) transmit a general description of the training | ||||||
21 | program including topics covered to the client company, | ||||||
22 | whether electronically or on paper, at the start of the | ||||||
23 | contract with the client company; | ||||||
24 | (4) provide the Department's hotline number for the | ||||||
25 | employee to call to report safety hazards and concerns as | ||||||
26 | part of the employment materials provided to the day or |
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1 | temporary laborer; and | ||||||
2 | (5) inform the day or temporary laborer who the day or | ||||||
3 | temporary laborer should report safety concerns to at the | ||||||
4 | workplace. | ||||||
5 | Nothing in this Section shall diminish any existing client | ||||||
6 | company or a day and temporary labor service agency's | ||||||
7 | responsibility as an employer to provide a place of employment | ||||||
8 | free from recognized hazards or to otherwise comply with other | ||||||
9 | health and safety or employment laws. The client company and | ||||||
10 | the day and temporary labor service agency are responsible for | ||||||
11 | compliance with this Section and the rules adopted under this | ||||||
12 | Section. | ||||||
13 | (d) Before the day or temporary laborer engages in work | ||||||
14 | for a client company, the client company must: | ||||||
15 | (1) document and inform the day and temporary labor | ||||||
16 | service agency about anticipated job hazards likely | ||||||
17 | encountered by the day or temporary laborer; | ||||||
18 | (2) review the safety and health awareness training | ||||||
19 | provided by the day and temporary labor service agency to | ||||||
20 | determine if it addresses recognized hazards for the | ||||||
21 | client company's industry; | ||||||
22 | (3) provide specific training tailored to the | ||||||
23 | particular hazards at the client company's worksite | ||||||
24 | consistent with training requirements provided for in | ||||||
25 | standards, guidances, or best practices issued by the | ||||||
26 | federal Occupational Safety and Health Administration ; and |
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1 | (4) document and maintain records of site-specific | ||||||
2 | training and provide confirmation that the training | ||||||
3 | occurred to the day and temporary labor service agency | ||||||
4 | within 3 business days of providing the training. | ||||||
5 | (e) If the client company changes the job tasks or work | ||||||
6 | location and new hazards may be encountered, the client | ||||||
7 | company must: | ||||||
8 | (1) inform both the day and temporary labor service | ||||||
9 | agency and the day or temporary laborer; and | ||||||
10 | (2) inform both the day and temporary labor service | ||||||
11 | agency staffing agency and the day or temporary laborer of | ||||||
12 | job hazards not previously covered before the day or | ||||||
13 | temporary laborer undertakes the new tasks and update | ||||||
14 | personal protective equipment and training for the new job | ||||||
15 | tasks consistent with training requirements provided for | ||||||
16 | in standards, guidances, or best practices issued by the | ||||||
17 | federal Occupational Safety and Health Administration , if | ||||||
18 | necessary. | ||||||
19 | (f) A day and temporary labor service agency or day or | ||||||
20 | temporary laborer may refuse a new job task at the worksite | ||||||
21 | when the task has not been reviewed or if the day or temporary | ||||||
22 | laborer has not had appropriate training to do the new task. | ||||||
23 | (g) A client company that supervises a day or temporary | ||||||
24 | laborer must provide worksite specific training to the day or | ||||||
25 | temporary laborer and must allow a day and temporary labor | ||||||
26 | service agency to visit any worksite where the day or |
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1 | temporary laborer works or will be working to observe and | ||||||
2 | confirm the client company's training and information related | ||||||
3 | to the worksite's job tasks, safety and health practices, and | ||||||
4 | hazards. | ||||||
5 | (Source: P.A. 103-437, eff. 8-4-23.)
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