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


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 29-0)

Status: (Introduced) 2017-04-24 - House Floor Amendment No. 3 Referred to Rules Committee [HB0690 Detail]

Download: Illinois-2017-HB0690-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0690

Introduced , by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:
See Index

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.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 5. The Day and Temporary Labor Services Act is
5amended by changing Sections 2, 5, 10, 12, 20, 30, 40, 45, 85,
690, and 95 as follows:
7 (820 ILCS 175/2)
8 Sec. 2. Legislative Findings. The General Assembly finds
9as follows:
10 Over 300,000 workers work as day or temporary laborers in
11Illinois.
12 Approximately 150 day labor and temporary labor service
13agencies with nearly 600 branch offices are licensed throughout
14Illinois. In addition, there is a large, though unknown, number
15of unlicensed day labor and temporary labor service agencies
16that operate outside the radar of law enforcement.
17 Recent studies and a survey of low-wage day or temporary
18laborers themselves finds that as a group, they are
19particularly vulnerable to abuse of their labor rights,
20including unpaid wages, failure to pay for all hours worked,
21minimum wage and overtime violations, and unlawful deduction
22from pay for meals, transportation, equipment and other items
23as well as discriminatory practices.

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1 Current law is inadequate to protect the labor and
2employment rights of these workers.
3 At the same time, in Illinois and in other states,
4democratically run nonprofit day labor centers, which charge no
5fee for their services, have been established to provide an
6alternative for day or temporary laborers to solicit work on
7street corners. These centers are not subject to this Act.
8(Source: P.A. 94-511, eff. 1-1-06.)
9 (820 ILCS 175/5)
10 Sec. 5. Definitions. As used in this Act:
11 "Day or temporary laborer" means an individual a natural
12person who contracts for employment with a day and temporary
13labor service agency.
14 "Day or temporary labor applicant" means an individual who
15requests a job assignment through a day and temporary labor
16service agency, whether in person, verbally or in writing, or
17through an online application process.
18 "Day and temporary labor" means work performed by a day or
19temporary laborer at a third party client, the duration of
20which may be specific or undefined, pursuant to a contract or
21understanding between the day and temporary labor service
22agency and the third party client. "Day and temporary labor"
23does not include labor or employment of a professional or
24clerical nature.
25 "Day and temporary labor service agency" means any person

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1or entity engaged in the business of employing day or temporary
2laborers to provide services, for a fee, to or for any third
3party client pursuant to a contract with the day and temporary
4labor service agency and the third party client.
5 "Department" means the Department of Labor.
6 "Third party client" means any person that contracts with a
7day and temporary labor service agency for obtaining day or
8temporary laborers.
9 "Person" means every natural person, firm, partnership,
10co-partnership, limited liability company, corporation,
11association, business trust, or other legal entity, or its
12legal representatives, agents, or assigns.
13(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
14 (820 ILCS 175/10)
15 Sec. 10. Employment Notice.
16 (a) Whenever a day and temporary labor service agency
17agrees to send one or more persons to work as day or temporary
18laborers, the day and temporary labor service agency shall
19provide to each day or temporary laborer, at the time of
20dispatch, a statement containing the following items on a form
21approved by the Department:
22 (1) the name of the day or temporary laborer;
23 (2) the name and nature of the work to be performed;
24 (3) the wages offered;
25 (4) the name and address of the destination of each day

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1 or temporary laborer;
2 (5) terms of transportation; and
3 (6) whether a meal or equipment, or both, are provided,
4 either by the day and temporary labor service agency or the
5 third party client, and the cost of the meal and equipment,
6 if any;
7 (7) for multi-day assignments, the schedule; and
8 (8) the length of the assignment. In the event of a
9 change in the schedule, shift, or location of an assignment
10 for a multi-day assignment of a day or temporary laborer,
11 the day and temporary labor service agency shall provide
12 written notice of such change not less than 48 hours in
13 advance to the day or temporary laborer, where possible.
14 The day and temporary labor service agency shall bear the
15 burden of showing it was not possible to provide such
16 notice where required.
17 If a day or temporary laborer is assigned to the same
18assignment for more than one day, the day and temporary labor
19service agency is required to provide the employment notice
20only on the first day of the assignment and on any day that any
21of the terms listed on the employment notice are changed.
22 If the day or temporary laborer is not placed with a third
23party client or otherwise contracted to work for that day, the
24day and temporary labor service agency shall, upon request,
25provide the day and temporary laborer with a confirmation that
26the day or temporary laborer sought work, signed by an employee

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1of the day and temporary labor service agency, which shall
2include the name of the agency, the name and address of the day
3or temporary laborer, and the date and the time that the day or
4temporary laborer receives the confirmation.
5 (b) No day and temporary labor service agency may send any
6day or temporary laborer to any place where a strike, a
7lockout, or other labor trouble exists.
8 (c) The Department shall recommend to day and temporary
9labor service agencies that those agencies employ personnel who
10can effectively communicate information required in
11subsections (a) and (b) to day or temporary laborers in
12Spanish, Polish, or any other language that is generally
13understood in the locale of the day and temporary labor service
14agency.
15(Source: P.A. 99-78, eff. 7-20-15.)
16 (820 ILCS 175/12)
17 Sec. 12. Recordkeeping.
18 (a) Whenever a day and temporary labor service agency sends
19one or more persons to work as day or temporary laborers, the
20day and temporary labor service agency shall keep the following
21records relating to that transaction:
22 (1) the name, address and telephone number of each
23 third party client, including each worksite, to which day
24 or temporary laborers were sent by the agency and the date
25 of the transaction;

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1 (2) for each day or temporary laborer: the name and
2 address, the specific location sent to work, the type of
3 work performed, the number of hours worked, the hourly rate
4 of pay and the date sent. The term "hours worked" has the
5 meaning ascribed to that term in 56 Ill. Adm. Code 210.110
6 and in accordance with all applicable rules or court
7 interpretations under 56 Ill. Adm. Code 210.110. The third
8 party client shall be required to remit all information
9 required under this subsection to the day and temporary
10 labor service agency no later than 7 days following the
11 last day of the work week worked by the day or temporary
12 laborer. Failure of a third party client to remit such
13 information to a day and temporary labor service agency
14 shall not be a defense to the recordkeeping requirement of
15 this Section;
16 (3) the name and title of the individual or individuals
17 at each third party client's place of business responsible
18 for the transaction;
19 (4) any specific qualifications or attributes of a day
20 or temporary laborer, requested by each third party client;
21 (5) copies of all contracts, if any, with the third
22 party client and copies of all invoices for the third party
23 client;
24 (6) copies of all employment notices provided in
25 accordance with subsection (a) of Section 10;
26 (7) deductions to be made from each day or temporary

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1 laborer's compensation made by either the third party
2 client or by the day and temporary labor service agency for
3 the day or temporary laborer's transportation, food,
4 equipment, withheld income tax, withheld social security
5 payments and every other deduction;
6 (8) verification of the actual cost of any equipment or
7 meal charged to a day or temporary laborer;
8 (9) the race, ethnicity, and gender of each day or
9 temporary laborer or applicant, as provided by each such
10 person, who requests employment with or is contracted of
11 each day or temporary laborer sent by the day and temporary
12 labor service agency. For each applicant, the day and
13 temporary labor service agency is required to provide the
14 applicant with and retain a copy of a written notice
15 specifying the date, time, and location at which the
16 applicant requested employment, signed by an employee of
17 the day and temporary labor service agency , as provided by
18 the day or temporary laborer; and
19 (10) any additional information required by rules
20 issued by the Department.
21 (b) The day and temporary labor service agency shall
22maintain all records under this Section for a period of 3 years
23from their creation. The records shall be open to inspection by
24the Department during normal business hours. Records described
25in paragraphs (1), (2), (3), (6), (7), and (8) of subsection
26(a) shall be available for review or copying by that day or

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1temporary laborer during normal business hours within 5 days
2following a written request. In addition, a day and temporary
3labor service agency shall make records related to the number
4of hours billed to a third party client for that individual day
5or temporary laborer's hours of work available for review or
6copying during normal business hours within 5 days following a
7written request. The day and temporary labor service agency
8shall make forms, in duplicate, for such requests available to
9day or temporary laborers at the dispatch office. The day or
10temporary laborer shall be given a copy of the request form. It
11is a violation of this Section to make any false, inaccurate or
12incomplete entry into any record required by this Section, or
13to delete required information from any such record. Failure by
14the third party client to maintain and remit accurate time
15records to the day and temporary labor service agency as
16provided in paragraph (a)(2) shall constitute a notice
17violation by a third party client under Section 95 of this Act
18unless the third party client has been precluded from
19submitting such time records for reasons beyond its control. A
20failure by the third party client to provide time records in
21accordance with this subsection (b) shall not be a notice
22violation and shall not be the basis for a suit or other action
23under Section 95 of this Act against the day and temporary
24labor service agency.
25(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)

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1 (820 ILCS 175/20)
2 Sec. 20. Transportation.
3 (a) A day and temporary labor service agency or a third
4party client or a contractor or agent of either shall charge no
5fee to transport a day or temporary laborer to or from the
6designated work site.
7 (b) A day and temporary labor service agency is responsible
8for the conduct and performance of any person who transports a
9day or temporary laborer from the agency to a work site, unless
10the transporter is: (1) a public mass transportation system as
11defined in Section 2 of the Local Mass Transit District Act;
12(2) a common carrier; (3) the day or temporary laborer
13providing his or her own transportation; or (4) selected
14exclusively by and at the sole choice of the day or temporary
15laborer for transportation in a vehicle not owned or operated
16by the day and temporary labor service agency. If any day and
17temporary labor service agency provides transportation to a day
18or temporary laborer or refers a day or temporary laborer as
19provided in subsection (c), the day and temporary labor service
20agency may not allow a motor vehicle to be used for the
21transporting of day or temporary laborers if the agency knows
22or should know that the motor vehicle used for the
23transportation of day or temporary laborers is unsafe or not
24equipped as required by this Act or by any rule adopted under
25this Act, unless the vehicle is: (1) the property of a public
26mass transportation system as defined in Section 2 of the Local

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

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1Vehicle Code or as required by Department rules. The driver of
2the vehicle shall hold a valid license to operate motor
3vehicles in the correct classification and shall be required to
4produce the license immediately upon demand by the Department,
5its inspectors or deputies, or any other person authorized to
6enforce this Act. The Department shall forward a violation of
7this subsection to the appropriate law enforcement authorities
8or regulatory agencies, whichever is applicable.
9 (e) No motor vehicle that is owned or operated by the day
10and temporary labor service agency or a third party client, or
11a contractor or agent of either, or to which a day and
12temporary labor service agency refers a day or temporary
13laborer, which is used for the transportation of day or
14temporary laborers may be operated if it does not have a seat
15and a safety belt for each passenger. The Department shall
16forward a violation of this subsection to the appropriate law
17enforcement authorities or regulatory agencies, whichever is
18applicable.
19 (f) Unless the day laborer requests otherwise, when a day
20laborer has been transported to a work site, the day labor
21employer shall provide transportation back to the point of hire
22at the end of each work day.
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 (5.5) the current maximum amount of a placement fee
10 which the day and temporary labor service agency may charge
11 to a third party client to directly hire the day or
12 temporary laborer pursuant to subsection (a) of Section 40;
13 and
14 (6) any additional information required by rules
15 issued by the Department.
16 (a-1) For each day or temporary laborer who is contracted
17to work a single day, the third party client shall, at the end
18of the work day, provide such day or temporary laborer with a
19Work Verification Form, approved by the Department, which shall
20contain the date, the day or temporary laborer's name, the work
21location, and the hours worked on that day. Any third party
22client who violates this subsection (a-1) may be subject to a
23civil penalty not to exceed $500 for each violation found by
24the Department. Such civil penalty may increase to $2,500 for a
25second or subsequent violation. For purposes of this subsection
26(a-1), each violation of this subsection (a-1) for each day or

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

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

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1and temporary labor service agency to work at a third party
2client's worksite but is not utilized by the third party client
3shall be paid by the day and temporary labor service agency for
4a minimum of 4 hours of pay at the agreed upon rate of pay.
5However, in the event the day and temporary labor service
6agency contracts the day or temporary laborer to work at
7another location during the same shift, the day or temporary
8laborer shall be paid by the day and temporary labor service
9agency for a minimum of 2 hours of pay at the agreed upon rate
10of pay.
11 (h) A third party client is required to pay wages and
12related payroll taxes to a licensed day and temporary labor
13service agency for services performed by the day or temporary
14laborer for the third party client according to payment terms
15outlined on invoices, service agreements, or stated terms
16provided by the day and temporary labor service agency. A third
17party client who fails to comply with this subsection (h) is
18subject to the penalties provided in Section 70 of this Act.
19The Department shall review a complaint filed by a licensed day
20and temporary labor agency. The Department shall review the
21payroll and accounting records of the day and temporary labor
22service agency and the third party client for the period in
23which the violation of this Act is alleged to have occurred to
24determine if wages and payroll taxes have been paid to the
25agency and that the day or temporary laborer has been paid the
26wages owed him or her.

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1(Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
2 (820 ILCS 175/40)
3 Sec. 40. Work Restriction, Placement Reporting, Health and
4Safety Training, and Equivalent Pay and Benefits.
5 (a) No day and temporary labor service agency shall
6restrict the right of a day or temporary laborer to accept a
7permanent position with a third party client to whom the day or
8temporary laborer has been referred for work or restrict the
9right of such third party client to offer such employment to a
10day or temporary laborer. A day and temporary labor service
11agency may charge a placement fee to a third party client for
12employing a day or temporary laborer for whom a contract for
13work was effected by the day and temporary labor service agency
14not to exceed the equivalent of the total daily commission rate
15the day and temporary labor service agency would have received
16over a 60-day period, reduced by the equivalent of the daily
17commission rate the day and temporary labor service agency
18would have received for each day the day or temporary laborer
19has performed work for the day and temporary labor service
20agency in the preceding 12 months. Days worked at a day and
21temporary labor service agency in the 12 months preceding the
22effective date of this amendatory Act of the 94th General
23Assembly shall be included for purposes of calculating the
24maximum placement fee described in this Section. However,
25placement of a day or temporary laborer who is contracted by a

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1day and temporary labor service agency to provide skilled labor
2shall not be subject to any placement fee cap. For purposes of
3this Section, a day or temporary laborer who performs "skilled
4labor" shall apply only where the day and temporary labor
5service agency performs an advanced application process, a
6screening process, which may include processes such as advanced
7testing, and a job interview. Any day and temporary labor
8service agency which charges a placement fee to a third party
9client for employing a day or temporary laborer must include on
10the Wage Payment and Notice form of each affected day or
11temporary laborer the maximum amount of a fee that may be
12charged to a third party client by the day and temporary labor
13service agency. Failure to provide such information shall
14constitute a separate notice violation for each day the day and
15temporary labor service agency fails to provide the required
16information. No fee provided for under this Section may be
17assessed or collected by the day and temporary labor service
18agency when the day or temporary laborer is offered permanent
19work following the suspension or revocation of the day and
20temporary labor service agency's registration by the
21Department.
22 (b) Each year, at the time of registration with the
23Department as required by Section 45, each day and temporary
24labor service agency shall submit to the Department, on a form
25created by the Department, the number of day or temporary
26laborers such agency has placed in a permanent position with a

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1third party client in the preceding 12 months as well as the
2percentage such permanent placements represent of the total
3number of day or temporary laborers contracted by the agency
4during the same period. Each day a day and temporary labor
5service agency fails to fully comply with the requirements of
6this subsection shall constitute a separate notice violation.
7 (c) Any day or temporary laborer assigned to work at a
8third party client shall not be paid less than the same average
9rate of pay and equivalent benefits as a permanent employee of
10the third party client performing the same or substantially
11similar work on jobs the performance of which requires equal
12skill, effort, and responsibility, and which are performed
13under similar working conditions. Each violation of this
14subsection for each affected day or temporary laborer shall
15constitute a separate wage and hour violation.
16 (d) Any day and temporary labor service agency and third
17party client that has assigned workers to work in a warehouse,
18general industry, construction, or recycling job must
19implement the following prior to assigning any worker:
20 (1) The third party client must conduct a job hazard
21 analysis for each job to which a day or temporary worker
22 might be sent. This analysis must include a review of all
23 possible hazards, all safety equipment and processes
24 required to prevent injuries and illnesses, and specify the
25 training required to ensure a worker is not injured on the
26 job. The third party client must retain this hazard

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1 analysis in its records under this Section and provide a
2 copy to the day and temporary labor service agency.
3 (2) Jointly review the task assignments and job hazard
4 analysis for each worker in order to identify and eliminate
5 all possible workplace safety and health hazards and
6 specify the necessary training and protective equipment
7 necessary for each worker. The third party client must
8 document each worker's specific training and health and
9 hazard abatement competencies related to this job. This
10 written analysis must be retained by the third party client
11 and its staff for the duration of the job, plus an
12 additional 3 years.
13 (3) Provide specific hands-on, in-person training by
14 the third party client prior to starting any new
15 assignment. This training must include information and
16 instruction on specific job health and safety hazards of
17 the job and worksite, the modifications implemented to
18 prevent the hazard, how to do the job safely and what
19 protective equipment is required, and how to report
20 concerns.
21 (4) All third party clients that use day or temporary
22 service workers must implement an injury and illness
23 prevention program that includes an attestation that
24 management of the company is committed to health and
25 safety, identify procedures for hazard identification and
26 control, job hazard analysis, hazards training for all

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1 workers, and any procedures or protective equipment
2 required to do the job safely; a written statement by the
3 third party client to ensure that any worker injured will
4 not be retaliated against nor discriminated against for
5 reporting the injury, and evaluation.
6(Source: P.A. 94-511, eff. 1-1-06.)
7 (820 ILCS 175/45)
8 Sec. 45. Registration; Department of Labor.
9 (a) A day and temporary labor service agency which is
10located, operates or transacts business within this State shall
11register with the Department of Labor in accordance with rules
12adopted by the Department for day and temporary labor service
13agencies and shall be subject to this Act and any rules adopted
14under this Act. Each day and temporary labor service agency
15shall provide proof of an employer account number issued by the
16Department of Employment Security for the payment of
17unemployment insurance contributions as required under the
18Unemployment Insurance Act, and proof of valid workers'
19compensation insurance in effect at the time of registration
20covering all of its employees. If, at any time, a day and
21temporary labor service agency's workers' compensation
22insurance coverage lapses, the agency shall have an affirmative
23duty to report the lapse of such coverage to the Department and
24the agency's registration shall be suspended until the agency's
25workers' compensation insurance is reinstated. The Department

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1may assess each day and temporary labor service agency a
2non-refundable registration fee not exceeding $2,000 $1,000
3per year per agency and a non-refundable fee not to exceed $750
4$250 for each branch office or other location where the agency
5regularly contracts with day or temporary laborers for
6services. The fee may be paid by check or money order and the
7Department may not refuse to accept a check on the basis that
8it is not a certified check or a cashier's check. The
9Department may charge an additional fee to be paid by a day and
10temporary labor service agency if the agency, or any person on
11the agency's behalf, issues or delivers a check to the
12Department that is not honored by the financial institution
13upon which it is drawn. The Department shall also adopt rules
14for violation hearings and penalties for violations of this Act
15or the Department's rules in conjunction with the penalties set
16forth in this Act.
17 (a-5) At the time of registration with the Department each
18year, a day and temporary labor service agency shall provide
19the Department with a report containing the information
20identified in paragraph (9) of subsection (a) of Section 12,
21broken down by branch office, in the aggregate for all day or
22temporary laborers assigned within Illinois in the prior year
23to be submitted on a form created by the Department.
24 (b) It is a violation of this Act to operate a day and
25temporary labor service agency without first registering with
26the Department in accordance with subsection (a) of this

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1Section. The Department shall create and maintain at regular
2intervals on its website, accessible to the public: (1) a list
3of all registered day and temporary labor service agencies in
4the State whose registration is in good standing; (2) a list of
5day and temporary labor service agencies in the State whose
6registration has been suspended, including the reason for the
7suspension, the date the suspension was initiated, and the
8date, if known, the suspension is to be lifted; and (3) a list
9of day and temporary labor service agencies in the State whose
10registration has been revoked, including the reason for the
11revocation and the date the registration was revoked. The
12Department has the authority to assess a penalty against any
13day and temporary labor service agency that fails to register
14with the Department of Labor in accordance with this Act or any
15rules adopted under this Act of $500 for each violation. Each
16day during which a day and temporary labor service agency
17operates without registering with the Department shall be a
18separate and distinct violation of this Act.
19 (b-5) No day and temporary labor service agency may
20register without obtaining a surety bond issued by a surety
21company admitted to do business in this State. The principal
22sum of the bond shall not be less than $150,000. A copy of the
23bond shall be filed with the Department.
24 The bond required by this Section shall be in favor of, and
25payable to, the people of the State of Illinois, and shall be
26for the benefit of any employee damaged by his or her

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1employer's failure to pay wages, interest on wages, or fringe
2benefits, or damaged by violation of this Section.
3 Thirty days prior to the cancellation or termination of any
4surety bond required by this Section, the surety shall send
5written notice to both the employer and the Department
6identifying the bond and the date of the cancellation or
7termination.
8 An employer shall not conduct any business until the
9employer obtains a new surety bond and files a copy of it with
10the Department.
11 This subsection shall not apply to an employer covered by a
12valid collective bargaining agreement, if the agreement
13expressly provides for all of the following:
14 (i) Wages.
15 (ii) Hours of work.
16 (iii) Working conditions.
17 (iv) An expeditious process to resolve disputes
18 concerning nonpayment of wages.
19 (v) The employer has documented that a current workers'
20 compensation insurance policy is in effect for the
21 employees.
22 (vi) The employer is otherwise in compliance with all
23 provisions of this Section.
24 (b-6) The principal executive officer of a day and
25temporary labor service agency shall certify under oath at the
26time of registration of the day and temporary labor service

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1agency each year on a form created by the Department that:
2 (1) the signing officer has reviewed the registration
3 form of the day or temporary labor service agency and
4 confirmed the information is true and accurate to the best
5 of his or her knowledge;
6 (2) the signing officer has reviewed the recordkeeping
7 practices of the day and temporary labor service agency and
8 confirmed that the recordkeeping practices comply with the
9 requirements of Section 12 to the best of his or her
10 knowledge;
11 (3) the signing officer has reviewed the day and
12 temporary labor service agency's filing as required by
13 subsection (b) of Section 40 related to the placement of
14 day or temporary laborers in permanent positions with third
15 party clients and has confirmed that such practices comply
16 with the requirements of Section 20 to the best of his or
17 her knowledge;
18 (4) the signing officer has reviewed the day and
19 temporary labor service agency's practices related to the
20 transportation of day or temporary laborers and has
21 confirmed that such practices comply with the requirements
22 of Section 20 to the best of his or her knowledge;
23 (5) the signing officer has reviewed and is responsible
24 for the surety bond posted by the agency and its renewals;
25 and
26 (6) the signing officer:

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1 (A) is responsible for establishing and
2 maintaining internal controls to comply with the
3 recordkeeping requirements; and
4 (B) has evaluated the effectiveness of the
5 internal controls.
6 (c) An applicant is not eligible to register to operate a
7day and temporary labor service agency under this Act if the
8applicant or any of its officers, directors, partners, or
9managers or any owner of 25% or greater beneficial interest:
10 (1) has been involved, as owner, officer, director,
11 partner, or manager, of any day and temporary labor service
12 agency whose registration has been revoked or has been
13 suspended without being reinstated within the 5 years
14 immediately preceding the filing of the application; or
15 (2) is under the age of 18.
16 (d) Every agency shall post and keep posted at each
17location, in a position easily accessible to all employees,
18notices as supplied and required by the Department containing a
19copy or summary of the provisions of the Act and a notice which
20informs the public of a toll-free telephone number for day or
21temporary laborers and the public to file wage dispute
22complaints and other alleged violations by day and temporary
23labor service agencies. Such notices shall be in English or any
24other language generally understood in the locale of the day
25and temporary labor service agency.
26 (e) No day and temporary labor service agency shall be

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1permitted to register to operate in Illinois until it has
2complied with the requirements of this Section.
3(Source: P.A. 94-511, eff. 1-1-06.)
4 (820 ILCS 175/85)
5 Sec. 85. Third party clients.
6 (a) It is a violation of this Act for a third party client
7to enter into a contract for the employment of day or temporary
8laborers with any day and temporary labor service agency not
9registered under Section 45 of this Act. A third party client
10has a duty to verify a day and temporary labor service agency's
11status with the Department before entering into a contract with
12such an agency, and on March 1 and September 1 of each year. A
13day and temporary labor service agency shall be required to
14provide each of its third party clients with proof of valid
15registration issued by the Department at the time of entering
16into a contract. A day and temporary labor service agency shall
17be required to notify, both by telephone and in writing, each
18day or temporary laborer it employs and each third party client
19with whom it has a contract within 24 hours of any denial,
20suspension, or revocation of its registration by the
21Department. All contracts between any day and temporary labor
22service agency and any third party client shall be considered
23null and void from the date any such denial, suspension, or
24revocation of registration becomes effective and until such
25time as the day and temporary labor service agency becomes

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1registered and considered in good standing by the Department as
2provided in Section 50 and Section 55. Upon request, the
3Department shall provide to a third party client a list of
4entities registered as day and temporary labor service
5agencies. The Department shall provide on the Internet a list
6of entities registered as day and temporary labor service
7agencies. A third party client may rely on information provided
8by the Department or maintained on the Department's website
9pursuant to Section 45 of this Act and shall be held harmless
10if such information maintained or provided by the Department
11was inaccurate. Any third party client that violates this
12provision of the Act is subject to a civil penalty not to
13exceed $500. Each day during which a third party client
14contracts with a day and temporary labor service agency not
15registered under Section 45 of this Act shall constitute a
16separate and distinct offense.
17 (b) If a third party client leases or contracts with a day
18and temporary service agency for the services of a day or
19temporary laborer, the third party client shall share all legal
20responsibility and liability for: (i) the payment of wages
21under the Illinois Wage Payment and Collection Act and the
22Minimum Wage Law and (ii) any obligation to pay the 4 hours
23minimum pay as required in subsection (g) of Section 30 or
24obligation to pay statutory damages as provided in Section 95.
25(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)

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1 (820 ILCS 175/90)
2 Sec. 90. Retaliation.
3 (a) Prohibition. It is a violation of this Act for a day
4and temporary labor service agency or third party client, or
5any agent of a day and temporary labor service agency or third
6party client, to retaliate through discharge or in any other
7manner against any day or temporary laborer for exercising any
8rights granted under this Act. The termination or disciplinary
9action by a day and temporary labor service agency against a
10day or temporary laborer within 90 days of the person's
11exercise of rights protected under this Act shall raise a
12rebuttable presumption of having done so in retaliation for the
13exercise of those rights. Such retaliation shall subject a day
14and temporary labor service agency or third party client, or
15both, to civil penalties pursuant to this Act or a private
16cause of action.
17 (b) Protected Acts from Retaliation. It is a violation of
18this Act for a day and temporary labor service agency or third
19party client to retaliate against a day or temporary laborer
20for:
21 (1) making a complaint to a day and temporary labor
22 service agency, to a third party client, to a co-worker, to
23 a community organization, before a public hearing, or to a
24 State or federal agency that rights guaranteed under this
25 Act have been violated;
26 (2) causing to be instituted any proceeding under or

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1 related to this Act; or
2 (3) testifying or preparing to testify in an
3 investigation or proceeding under this Act.
4(Source: P.A. 94-511, eff. 1-1-06.)
5 (820 ILCS 175/95)
6 Sec. 95. Private Right of Action.
7 (a) A person aggrieved by a violation of this Act or any
8rule adopted under this Act by a day and temporary labor
9service agency or a third party client may file suit in circuit
10court of Illinois, in the county where the alleged offense
11occurred or where any day or temporary laborer who is party to
12the action resides, without regard to exhaustion of any
13alternative administrative remedies provided in this Act. A day
14and temporary labor service agency aggrieved by a violation of
15this Act or any rule adopted under this Act by a third party
16client may file suit in circuit court of Illinois, in the
17county where the alleged offense occurred or where the day and
18temporary labor service agency which is party to the action is
19located. Actions may be brought by one or more day or temporary
20laborers for and on behalf of themselves and other day or
21temporary laborers similarly situated. A day or temporary
22laborer whose rights have been violated under this Act by a day
23and temporary labor service agency or a third party client or a
24day and temporary labor service agency whose rights have been
25violated under this Act by a third party client is entitled to

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1collect:
2 (1) in the case of a wage and hour violation, the
3 amount of any wages, salary, employment benefits, or other
4 compensation denied or lost to the day or temporary laborer
5 or day and temporary labor service agency by reason of the
6 violation, plus an equal amount in liquidated damages;
7 (2) in the case of a health and safety or notice
8 violation, compensatory damages and an amount between $50
9 and up to $500 for each the violation of each subpart of
10 each Section;
11 (3) in the case of any violation of subsection (a) of
12 Section 40, relating to any unlawful restrictions by a day
13 and temporary labor service agency on the right of a day or
14 temporary laborer to accept a permanent position with a
15 third party client or the right of a third party client to
16 offer such employment to a day or temporary laborer, $50
17 for each day or temporary laborer affected by the day and
18 temporary labor service agency's policy, practice, or
19 agreement and for each day such policy, practice, or
20 agreement is in effect, plus actual damages;
21 (4) (3) in the case of unlawful retaliation, the
22 greater of all legal or equitable relief as may be
23 appropriate or $10,000, at the selection of the aggrieved
24 day or temporary laborer; and
25 (5) (4) attorney's fees and costs.
26 (b) The right of an aggrieved person to bring an action

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1under this Section terminates upon the passing of 3 years from
2the final date of employment by the day and temporary labor
3agency or the third party client or upon the passing of 3 years
4from the date of termination of the contract between the day
5and temporary labor service agency and the third party client.
6This limitations period is tolled if a day labor employer has
7deterred a day and temporary labor service agency or day or
8temporary laborer's exercise of rights under this Act by
9contacting or threatening to contact law enforcement agencies.
10(Source: P.A. 96-1185, eff. 7-22-10.)

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1 INDEX
2 Statutes amended in order of appearance