Bill Text: IL HB0690 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Day and Temporary Labor Services Act. Requires a day and temporary labor service agency (agency) to notify a day or temporary laborer (laborer) in writing of the schedule and length of multi-day assignments. Requires an agency to keep records on the ethnicity of each laborer or applicant and the date, time, and location at which an applicant requested employment. Requires an agency to provide a laborer with transportation back to the point of hire at the end of each work day. Requires an agency to indicate on a laborer's payment stub the current maximum amount of any placement fee charged to a third party client. Prohibits an agency or third party client from charging a laborer for the expense of conducting a consumer report, a criminal background check, or a drug test. Requires an agency to submit to the Department of Labor the total number of laborers the agency has placed in a permanent position. Requires laborers to be paid at a rate no less than the same average rate of pay as a permanent employee performing the same or substantially similar work. Requires a third party client to conduct a job hazard analysis for each job to which a laborer might be sent. Requires an agency to obtain a surety bond of no less than $150,000 and to comply with other specified registration requirements. Makes a third party client liable for any obligation to pay the 4 hours minimum pay or any statutory damages required under the Act. Provides that termination or disciplinary action against a laborer within 90 days of the person's exercise of rights protected under the Act shall raise a rebuttable presumption of retaliation. Makes other changes.

Spectrum: Partisan Bill (Democrat 38-1)

Status: (Enrolled) 2017-07-24 - Sent to the Governor [HB0690 Detail]

Download: Illinois-2017-HB0690-Enrolled.html



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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by wireless
25 carriers under the Wireless Emergency Telephone Safety
26 Act.

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1 (k) Law enforcement officer identification information
2 or driver identification information compiled by a law
3 enforcement agency or the Department of Transportation
4 under Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential
6 health care facility resident sexual assault and death
7 review team or the Executive Council under the Abuse
8 Prevention Review Team Act.
9 (m) Information provided to the predatory lending
10 database created pursuant to Article 3 of the Residential
11 Real Property Disclosure Act, except to the extent
12 authorized under that Article.
13 (n) Defense budgets and petitions for certification of
14 compensation and expenses for court appointed trial
15 counsel as provided under Sections 10 and 15 of the Capital
16 Crimes Litigation Act. This subsection (n) shall apply
17 until the conclusion of the trial of the case, even if the
18 prosecution chooses not to pursue the death penalty prior
19 to trial or sentencing.
20 (o) Information that is prohibited from being
21 disclosed under Section 4 of the Illinois Health and
22 Hazardous Substances Registry Act.
23 (p) Security portions of system safety program plans,
24 investigation reports, surveys, schedules, lists, data, or
25 information compiled, collected, or prepared by or for the
26 Regional Transportation Authority under Section 2.11 of

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1 the Regional Transportation Authority Act or the St. Clair
2 County Transit District under the Bi-State Transit Safety
3 Act.
4 (q) Information prohibited from being disclosed by the
5 Personnel Records Review Act.
6 (r) Information prohibited from being disclosed by the
7 Illinois School Student Records Act.
8 (s) Information the disclosure of which is restricted
9 under Section 5-108 of the Public Utilities Act.
10 (t) All identified or deidentified health information
11 in the form of health data or medical records contained in,
12 stored in, submitted to, transferred by, or released from
13 the Illinois Health Information Exchange, and identified
14 or deidentified health information in the form of health
15 data and medical records of the Illinois Health Information
16 Exchange in the possession of the Illinois Health
17 Information Exchange Authority due to its administration
18 of the Illinois Health Information Exchange. The terms
19 "identified" and "deidentified" shall be given the same
20 meaning as in the Health Insurance Portability and
21 Accountability Act of 1996, Public Law 104-191, or any
22 subsequent amendments thereto, and any regulations
23 promulgated thereunder.
24 (u) Records and information provided to an independent
25 team of experts under Brian's Law.
26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act or applied for
3 or received a concealed carry license under the Firearm
4 Concealed Carry Act, unless otherwise authorized by the
5 Firearm Concealed Carry Act; and databases under the
6 Firearm Concealed Carry Act, records of the Concealed Carry
7 Licensing Review Board under the Firearm Concealed Carry
8 Act, and law enforcement agency objections under the
9 Firearm Concealed Carry Act.
10 (w) Personally identifiable information which is
11 exempted from disclosure under subsection (g) of Section
12 19.1 of the Toll Highway Act.
13 (x) Information which is exempted from disclosure
14 under Section 5-1014.3 of the Counties Code or Section
15 8-11-21 of the Illinois Municipal Code.
16 (y) Confidential information under the Adult
17 Protective Services Act and its predecessor enabling
18 statute, the Elder Abuse and Neglect Act, including
19 information about the identity and administrative finding
20 against any caregiver of a verified and substantiated
21 decision of abuse, neglect, or financial exploitation of an
22 eligible adult maintained in the Registry established
23 under Section 7.5 of the Adult Protective Services Act.
24 (z) Records and information provided to a fatality
25 review team or the Illinois Fatality Review Team Advisory
26 Council under Section 15 of the Adult Protective Services

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1 Act.
2 (aa) Information which is exempted from disclosure
3 under Section 2.37 of the Wildlife Code.
4 (bb) Information which is or was prohibited from
5 disclosure by the Juvenile Court Act of 1987.
6 (cc) Recordings made under the Law Enforcement
7 Officer-Worn Body Camera Act, except to the extent
8 authorized under that Act.
9 (dd) Information that is prohibited from being
10 disclosed under Section 45 of the Condominium and Common
11 Interest Community Ombudsperson Act.
12 (ee) (dd) Information that is exempted from disclosure
13 under Section 30.1 of the Pharmacy Practice Act.
14 (ff) Information and reports that are required to be
15 submitted to the Department of Labor by registering day and
16 temporary labor service agencies but are exempt from
17 disclosure under subsection (a-1) of Section 45 of the Day
18 and Temporary Labor Services Act.
19(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
20eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2199-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2299-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
238-19-16; revised 9-1-16.)
24 Section 5. The Day and Temporary Labor Services Act is
25amended by changing Sections 10, 20, 30, and 45 and by adding

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1Section 33 as follows:
2 (820 ILCS 175/10)
3 Sec. 10. Employment Notice.
4 (a) Whenever a day and temporary labor service agency
5agrees to send one or more persons to work as day or temporary
6laborers, the day and temporary labor service agency shall
7provide to each day or temporary laborer, at the time of
8dispatch, a statement containing the following items on a form
9approved by the Department:
10 (1) the name of the day or temporary laborer;
11 (2) the name and nature of the work to be performed and
12 the types of equipment, protective clothing, and training
13 that are required for the task;
14 (3) the wages offered;
15 (4) the name and address of the destination of each day
16 or temporary laborer;
17 (5) terms of transportation; and
18 (6) whether a meal or equipment, or both, are provided,
19 either by the day and temporary labor service agency or the
20 third party client, and the cost of the meal and equipment,
21 if any.
22 If a day or temporary laborer is assigned to the same
23assignment for more than one day, the day and temporary labor
24service agency is required to provide the employment notice
25only on the first day of the assignment and on any day that any

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1of the terms listed on the employment notice are changed.
2 If the day or temporary laborer is not placed with a third
3party client or otherwise contracted to work for that day, the
4day and temporary labor service agency shall, upon request,
5provide the day and temporary laborer with a confirmation that
6the day or temporary laborer sought work, signed by an employee
7of the day and temporary labor service agency, which shall
8include the name of the agency, the name and address of the day
9or temporary laborer, and the date and the time that the day or
10temporary laborer receives the confirmation.
11 (b) No day and temporary labor service agency may send any
12day or temporary laborer to any place where a strike, a
13lockout, or other labor trouble exists.
14 (c) The Department shall recommend to day and temporary
15labor service agencies that those agencies employ personnel who
16can effectively communicate information required in
17subsections (a) and (b) to day or temporary laborers in
18Spanish, Polish, or any other language that is generally
19understood in the locale of the day and temporary labor service
20agency.
21(Source: P.A. 99-78, eff. 7-20-15.)
22 (820 ILCS 175/20)
23 Sec. 20. Transportation.
24 (a) A day and temporary labor service agency or a third
25party client or a contractor or agent of either shall charge no

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1fee to transport a day or temporary laborer to or from the
2designated work site.
3 (b) A day and temporary labor service agency is responsible
4for the conduct and performance of any person who transports a
5day or temporary laborer from the agency to a work site, unless
6the transporter is: (1) a public mass transportation system as
7defined in Section 2 of the Local Mass Transit District Act;
8(2) a common carrier; (3) the day or temporary laborer
9providing his or her own transportation; or (4) selected
10exclusively by and at the sole choice of the day or temporary
11laborer for transportation in a vehicle not owned or operated
12by the day and temporary labor service agency. If any day and
13temporary labor service agency provides transportation to a day
14or temporary laborer or refers a day or temporary laborer as
15provided in subsection (c), the day and temporary labor service
16agency may not allow a motor vehicle to be used for the
17transporting of day or temporary laborers if the agency knows
18or should know that the motor vehicle used for the
19transportation of day or temporary laborers is unsafe or not
20equipped as required by this Act or by any rule adopted under
21this Act, unless the vehicle is: (1) the property of a public
22mass transportation system as defined in Section 2 of the Local
23Mass Transit District Act; (2) the property of a common
24carrier; (3) the day or temporary laborer's personal vehicle;
25or (4) a vehicle of a day or temporary laborer used to carpool
26other day or temporary laborers and which is selected

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1exclusively by and at the sole choice of the day or temporary
2laborer for transportation.
3 (c) A day and temporary labor service agency may not refer
4a day or temporary laborer to any person for transportation to
5a work site unless that person is (1) a public mass
6transportation system as defined in Section 2 of the Local Mass
7Transit District Act or (2) providing the transportation at no
8fee. Directing the day or temporary laborer to accept a
9specific car pool as a condition of work shall be considered a
10referral by the day and temporary labor service agency. Any
11mention or discussion of the cost of a car pool shall be
12considered a referral by the agency. Informing a day or
13temporary laborer of the availability of a car pool driven by
14another day or temporary laborer shall not be considered a
15referral by the agency.
16 (d) Any motor vehicle that is owned or operated by the day
17and temporary labor service agency or a third party client, or
18a contractor or agent of either, or to which a day and
19temporary labor service agency refers a day or temporary
20laborer, which is used for the transportation of day or
21temporary laborers shall have proof of financial
22responsibility as provided for in Chapter 8 of the Illinois
23Vehicle Code or as required by Department rules. The driver of
24the vehicle shall hold a valid license to operate motor
25vehicles in the correct classification and shall be required to
26produce the license immediately upon demand by the Department,

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1its inspectors or deputies, or any other person authorized to
2enforce this Act. The Department shall forward a violation of
3this subsection to the appropriate law enforcement authorities
4or regulatory agencies, whichever is applicable.
5 (e) No motor vehicle that is owned or operated by the day
6and temporary labor service agency or a third party client, or
7a contractor or agent of either, or to which a day and
8temporary labor service agency refers a day or temporary
9laborer, which is used for the transportation of day or
10temporary laborers may be operated if it does not have a seat
11and a safety belt for each passenger. The Department shall
12forward a violation of this subsection to the appropriate law
13enforcement authorities or regulatory agencies, whichever is
14applicable.
15 (f) If the day or temporary laborer is provided
16transportation from the point of application to the worksite by
17the hiring labor service agency operating pursuant to this Act,
18the day or temporary laborer shall also be provided
19transportation back to the point of application, unless the day
20or temporary laborer advises or agrees prior to leaving for the
21place of employment to obtain alternative transportation after
22the work shift is completed.
23(Source: P.A. 94-511, eff. 1-1-06.)
24 (820 ILCS 175/30)
25 Sec. 30. Wage Payment and Notice.

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1 (a) At the time of payment of wages, a day and temporary
2labor service agency shall provide each day or temporary
3laborer with a detailed itemized statement, on the day or
4temporary laborer's paycheck stub or on a form approved by the
5Department, listing the following:
6 (1) the name, address, and telephone number of each
7 third party client at which the day or temporary laborer
8 worked. If this information is provided on the day or
9 temporary laborer's paycheck stub, a code for each third
10 party client may be used so long as the required
11 information for each coded third party client is made
12 available to the day or temporary laborer;
13 (2) the number of hours worked by the day or temporary
14 laborer at each third party client each day during the pay
15 period. If the day or temporary laborer is assigned to work
16 at the same work site of the same third party client for
17 multiple days in the same work week, the day and temporary
18 labor service agency may record a summary of hours worked
19 at that third party client's worksite so long as the first
20 and last day of that work week are identified as well. The
21 term "hours worked" has the meaning ascribed to that term
22 in 56 Ill. Adm. Code 210.110 and in accordance with all
23 applicable rules or court interpretations under 56 Ill.
24 Adm. Code 210.110;
25 (3) the rate of payment for each hour worked, including
26 any premium rate or bonus;

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1 (4) the total pay period earnings;
2 (5) all deductions made from the day or temporary
3 laborer's compensation made either by the third party
4 client or by the day and temporary labor service agency,
5 and the purpose for which deductions were made, including
6 for the day or temporary laborer's transportation, food,
7 equipment, withheld income tax, withheld social security
8 payments, and every other deduction; and
9 (6) any additional information required by rules
10 issued by the Department.
11 (a-1) For each day or temporary laborer who is contracted
12to work a single day, the third party client shall, at the end
13of the work day, provide such day or temporary laborer with a
14Work Verification Form, approved by the Department, which shall
15contain the date, the day or temporary laborer's name, the work
16location, and the hours worked on that day. Any third party
17client who violates this subsection (a-1) may be subject to a
18civil penalty not to exceed $500 for each violation found by
19the Department. Such civil penalty may increase to $2,500 for a
20second or subsequent violation. For purposes of this subsection
21(a-1), each violation of this subsection (a-1) for each day or
22temporary laborer and for each day the violation continues
23shall constitute a separate and distinct violation.
24 (b) A day and temporary labor service agency shall provide
25each worker an annual earnings summary within a reasonable time
26after the preceding calendar year, but in no case later than

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1February 1. A day and temporary labor service agency shall, at
2the time of each wage payment, give notice to day or temporary
3laborers of the availability of the annual earnings summary or
4post such a notice in a conspicuous place in the public
5reception area.
6 (c) At the request of a day or temporary laborer, a day and
7temporary labor service agency shall hold the daily wages of
8the day or temporary laborer and make either weekly, bi-weekly,
9or semi-monthly payments. The wages shall be paid in a single
10check, or, at the day or temporary laborer's sole option, by
11direct deposit or other manner approved by the Department,
12representing the wages earned during the period, either weekly,
13bi-weekly, or semi-monthly, designated by the day or temporary
14laborer in accordance with the Illinois Wage Payment and
15Collection Act. Vouchers or any other method of payment which
16is not generally negotiable shall be prohibited as a method of
17payment of wages. Day and temporary labor service agencies that
18make daily wage payments shall provide written notification to
19all day or temporary laborers of the right to request weekly,
20bi-weekly, or semi-monthly checks. The day and temporary labor
21service agency may provide this notice by conspicuously posting
22the notice at the location where the wages are received by the
23day or temporary laborers.
24 (d) No day and temporary labor service agency shall charge
25any day or temporary laborer for cashing a check issued by the
26agency for wages earned by a day or temporary laborer who

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1performed work through that agency. No day and temporary labor
2service agency or third party client shall charge any day or
3temporary laborer for the expense of conducting any consumer
4report, as that term is defined in the Fair Credit Reporting
5Act, 15 U.S.C. 1681a(d), any criminal background check of any
6kind, or any drug test of any kind.
7 (e) Day or temporary laborers shall be paid no less than
8the wage rate stated in the notice as provided in Section 10 of
9this Act for all the work performed on behalf of the third
10party client in addition to the work listed in the written
11description.
12 (f) The total amount deducted for meals, equipment, and
13transportation may not cause a day or temporary laborer's
14hourly wage to fall below the State or federal minimum wage.
15However, a day and temporary labor service agency may deduct
16the actual market value of reusable equipment provided to the
17day or temporary laborer by the day and temporary labor service
18agency which the day or temporary laborer fails to return, if
19the day or temporary laborer provides a written authorization
20for such deduction at the time the deduction is made.
21 (g) A day or temporary laborer who is contracted by a day
22and temporary labor service agency to work at a third party
23client's worksite but is not utilized by the third party client
24shall be paid by the day and temporary labor service agency for
25a minimum of 4 hours of pay at the agreed upon rate of pay.
26However, in the event the day and temporary labor service

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1agency contracts the day or temporary laborer to work at
2another location during the same shift, the day or temporary
3laborer shall be paid by the day and temporary labor service
4agency for a minimum of 2 hours of pay at the agreed upon rate
5of pay.
6 (h) A third party client is required to pay wages and
7related payroll taxes to a licensed day and temporary labor
8service agency for services performed by the day or temporary
9laborer for the third party client according to payment terms
10outlined on invoices, service agreements, or stated terms
11provided by the day and temporary labor service agency. A third
12party client who fails to comply with this subsection (h) is
13subject to the penalties provided in Section 70 of this Act.
14The Department shall review a complaint filed by a licensed day
15and temporary labor agency. The Department shall review the
16payroll and accounting records of the day and temporary labor
17service agency and the third party client for the period in
18which the violation of this Act is alleged to have occurred to
19determine if wages and payroll taxes have been paid to the
20agency and that the day or temporary laborer has been paid the
21wages owed him or her.
22(Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
23 (820 ILCS 175/33 new)
24 Sec. 33. Permanent placement. A day and temporary labor
25service shall attempt to place a current temporary laborer into

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1a permanent position with a client when the client informs the
2agency of its plan to hire a permanent employee for a position
3like the positions for which employees are being provided by
4the agency at the same work location.
5 (820 ILCS 175/45)
6 Sec. 45. Registration; Department of Labor.
7 (a) A day and temporary labor service agency which is
8located, operates or transacts business within this State shall
9register with the Department of Labor in accordance with rules
10adopted by the Department for day and temporary labor service
11agencies and shall be subject to this Act and any rules adopted
12under this Act. Each day and temporary labor service agency
13shall provide proof of an employer account number issued by the
14Department of Employment Security for the payment of
15unemployment insurance contributions as required under the
16Unemployment Insurance Act, and proof of valid workers'
17compensation insurance in effect at the time of registration
18covering all of its employees. If, at any time, a day and
19temporary labor service agency's workers' compensation
20insurance coverage lapses, the agency shall have an affirmative
21duty to report the lapse of such coverage to the Department and
22the agency's registration shall be suspended until the agency's
23workers' compensation insurance is reinstated. The Department
24may assess each day and temporary labor service agency a
25non-refundable registration fee not exceeding $1,000 per year

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1per agency and a non-refundable fee not to exceed $250 for each
2branch office or other location where the agency regularly
3contracts with day or temporary laborers for services. The fee
4may be paid by check , or money order , or the State
5Treasurer's E-Pay program or any successor program, and the
6Department may not refuse to accept a check on the basis that
7it is not a certified check or a cashier's check. The
8Department may charge an additional fee to be paid by a day and
9temporary labor service agency if the agency, or any person on
10the agency's behalf, issues or delivers a check to the
11Department that is not honored by the financial institution
12upon which it is drawn. The Department shall also adopt rules
13for violation hearings and penalties for violations of this Act
14or the Department's rules in conjunction with the penalties set
15forth in this Act.
16 (a-1) At the time of registration with the Department of
17Labor each year, the day and temporary labor service agency
18shall submit to the Department of Labor a report containing the
19information identified in paragraph (9) of subsection (a) of
20Section 12, broken down by branch office, in the aggregate for
21all day or temporary laborers assigned within Illinois and
22subject to this Act during the preceding year. This information
23shall be submitted on a form created by the Department of
24Labor. The Department of Labor shall aggregate the information
25submitted by all registering day and temporary labor service
26agencies by removing identifying data and shall have the

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1information available to the public only on a municipal and
2county basis. As used in this paragraph, "identifying data"
3means any and all information that: (i) provides specific
4information on individual worker identity; (ii) identifies the
5service agency in any manner; and (iii) identifies clients
6utilizing the day and temporary labor service agency or any
7other information that can be traced back to any specific
8registering day and temporary labor service agency or its
9client. The information and reports submitted to the Department
10of Labor under this subsection by the registering day and
11temporary labor service agencies are exempt from inspection and
12copying under Section 7.5 of the Freedom of Information Act.
13 (b) It is a violation of this Act to operate a day and
14temporary labor service agency without first registering with
15the Department in accordance with subsection (a) of this
16Section. The Department shall create and maintain at regular
17intervals on its website, accessible to the public: (1) a list
18of all registered day and temporary labor service agencies in
19the State whose registration is in good standing; (2) a list of
20day and temporary labor service agencies in the State whose
21registration has been suspended, including the reason for the
22suspension, the date the suspension was initiated, and the
23date, if known, the suspension is to be lifted; and (3) a list
24of day and temporary labor service agencies in the State whose
25registration has been revoked, including the reason for the
26revocation and the date the registration was revoked. The

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1Department has the authority to assess a penalty against any
2day and temporary labor service agency that fails to register
3with the Department of Labor in accordance with this Act or any
4rules adopted under this Act of $500 for each violation. Each
5day during which a day and temporary labor service agency
6operates without registering with the Department shall be a
7separate and distinct violation of this Act.
8 (c) An applicant is not eligible to register to operate a
9day and temporary labor service agency under this Act if the
10applicant or any of its officers, directors, partners, or
11managers or any owner of 25% or greater beneficial interest:
12 (1) has been involved, as owner, officer, director,
13 partner, or manager, of any day and temporary labor service
14 agency whose registration has been revoked or has been
15 suspended without being reinstated within the 5 years
16 immediately preceding the filing of the application; or
17 (2) is under the age of 18.
18 (d) Every agency shall post and keep posted at each
19location, in a position easily accessible to all employees,
20notices as supplied and required by the Department containing a
21copy or summary of the provisions of the Act and a notice which
22informs the public of a toll-free telephone number for day or
23temporary laborers and the public to file wage dispute
24complaints and other alleged violations by day and temporary
25labor service agencies. Such notices shall be in English or any
26other language generally understood in the locale of the day

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1and temporary labor service agency.
2(Source: P.A. 94-511, eff. 1-1-06.)
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