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*LRB10326052SPS52407b**LRB10326052SPS60288a* SB0281 103RD GENERAL ASSEMBLY State of Illinois and 2024 SB0281 Introduced 2/2/2023, by Sen.
Robert Peters SYNOPSISFiled: AS INTRODUCED:
ILCS3/30/2023 175/210300SB0281sam002 ILCSLRB103 175/526052 ILCSSPS 175/1060288 ILCSa 175/11AMENDMENT newTO ILCSSENATE 175/12BILL ILCS281 175/30AMENDMENT ILCSNO. 175/40 ILCS 175/42 new ILCS 175/45 ILCS 175/50 ILCS 175/55 ILCS 175/67 new ILCS 175/70 ILCS 175/85 ILCS 175/87 new ILCS 175/90 ILCS 175/95 Amends the Day and Temporary Labor Services Act.
Provides______. that a day and temporary labor service agency must provide an application receipt to applicants who seek a work assignment.
ProvidesAmend thatSenate aBill day281 orby temporaryreplacing laborereverything hasafter the rightenacting toclause refusewith anthe assignmentfollowing: to a place where a strike, a lockout, or other labor trouble exists.
Provides"Section that5. a day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work.
ProvidesThe forDay aand rightTemporary ofLabor actionServices Act is amended by interestedchanging partiesSections for2, civil5, penalties30, against45, day50, 55, 70, and temporary85 laborand services.by adding Sections 11, 42, and 67 as follows:
Provides for protections against abusive contracts.
Makes changes in provisions concerning recordkeeping;
wage payment and notices;
work restrictions;
registration;
violations;
enforcement;
penalties;
third party clients;
retaliation;
and private rights of action.
Defines terms.
Effective July 1, 2023.
LRB103 26052 SPS 52407 b A BILL FOR SB0281 LRB103 26052 SPS 52407 b AN ACT concerning employment.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5.
The Day and Temporary Labor Services Act is amended by changing Sections 2, 5, 10, 12, 30, 40, 45, 50, 55, 70, 85, 90, and 95 and by adding Sections 11, 42, 67, and 87 as follows:
Since the passage of this Act, the number of Approximately 150 day labor and temporary labor service agencies registered in Illinois has risen from approximately 150 with 600 branch 10300SB0281sam002 -2- LRB103 26052 SPS 60288 a offices to over 300 with over 800 branch offices with nearly 600 branch offices are licensed throughout Illinois.
SB0281 - 2 - LRB103 26052 SPS 52407 b Recent studies and a survey of low-wage day or temporary laborers themselves have consistently found finds that as a group, they are particularly vulnerable to abuse of their labor rights, including unpaid wages, failure to pay for all hours worked, minimum wage and overtime violations, and unlawful deductions deduction from pay for meals, transportation, equipmentequipment, and other items.
Recent studies and surveys of the day and temporary staffing industry have also found that day or temporary laborers are more than twice as likely to live in poverty, that more than one in 3 depend on public assistance to survive, that such workers are commonly part of a 2-tier pay structure, and that such workers have an occupational injury rate 2 to 3 times higher than directly hired employees.
As a result of the imbalance of negotiating power between a day or temporary laborer and a day and temporary service agency and its client companies due to laborers' precarious and contingent employment relationship, many day or temporary laborers are subjected to abusive contracts that they are required to sign under duress and from which they need to be protected.
It is in the interest of the State of Illinois to ensure compliance with this Act, and it is in the interest of Illinois taxpayers to mitigate the cost of enforcement of this Act by assessing civil penalties against day and temporary service agencies and their client companies that have been found to have violated this Act.
Illinois employers who comply with SB0281 - 3 - LRB103 26052 SPS 52407 b this and other Illinois wage and hour laws are also at a competitive disadvantage with employers who do not comply with such laws, and it is in the interest of the State of Illinois, law-abiding Illinois employers, and Illinois taxpayers to disgorge law-breaking employers of any ill-gotten gains as a result of unlawful practices and to ensure payroll taxes are paid on any such unpaid wages.
Therefore, the public good justifies the establishment of the mechanism set forth in this Act for the Department, the Attorney General, aggrieved employees, or interested parties to disgorge from an Illinois employer who does not comply with this or other Illinois laws referenced herein the amount of such unpaid wages and other remedies, as well as unpaid payroll taxes.
"Applicant""Day or temporary laborer" means a natural person who seekscontracts afor workemployment assignmentwith at a day and temporary labor 10300SB0281sam002 -3- LRB103 26052 SPS 60288 a service agency.
SB0281 - 4 - LRB103 26052 SPS 52407 b "Day or temporary laborer" means a natural person who contracts for employment with a day and temporary labor service agency.
"Family"Interested member"party" means an employee'sorganization child,that spouse,monitors or partyis attentive to acompliance civilwith unionpublic or legalworker guardianship,safety parent,laws, grandparent,wage grandchild,and sibling,hour requirements, or any other individualstatutory relatedrequirements. by blood, marriage, or civil union, or whose close relationship with the employee is the equivalent of a family association as determined by the employee.
"Interested party" means a person, organization, or entity with an interest in compliance with this Act.
An interested party includes, without limitation, a labor organization, a nonprofit organization whose mission or past practice includes SB0281 - 5 - LRB103 26052 SPS 52407 b advocating for the workplace rights of day or temporary laborers, a current or former day or temporary laborer employed by the entity subject to allegations of the violations, whether or not still aggrieved by a violation of this Act at the time of taking any action under this Act, a family member of such a day or temporary laborer, or a competitor of a day and temporary labor service agency or an employee of a competitor of day and temporary labor service agency.
8-28-07.) 10300SB0281sam002 -4- LRB103 26052 SPS 60288 a (820 ILCS 175/10)175/11 new) Sec.
10.
Employment Notice and Application Receipt.
(a) Employment notice.
Whenever a day and temporary labor service agency agrees to send one or more persons to work as day or temporary laborers, the day and temporary labor service agency shall provide to each day or temporary laborer, at the time of dispatch, a statement containing the following items on a form approved by the Department:
SB0281 - 6 - LRB103 26052 SPS 52407 b (1) the name of the day or temporary laborer;
(2) the name and nature of the work to be performed and the types of equipment, protective clothing, and training that are required for the task;
(3) the wages offered;
(4) the name and address of the destination of each day or temporary laborer;
(5) terms of transportation;
and (6) whether a meal or equipment, or both, are provided, either by the day and temporary labor service agency or the third party client, and the cost of the meal and equipment, if any.
The failure of a day and temporary labor service agency to provide a day or temporary laborer with the equipment, protective clothing, and training identified in an employment notice required by this Section shall be a health and safety violation under Section 95.
If a day or temporary laborer is assigned to the same assignment for more than one day, the day and temporary labor service agency is required to provide the employment notice only on the first day of the assignment and on any day that any of the terms listed on the employment notice are changed.
(b) Application receipt.
If the applicant seeks a work assignment and day or temporary laborer is not placed with a third party client or otherwise contracted to work for that day by a day and temporary labor service agency, the day and SB0281 - 7 - LRB103 26052 SPS 52407 b temporary labor service agency shall, upon request, provide the applicant day and temporary laborer with a confirmation that the applicant day or temporary laborer sought work, signed by an employee of the day and temporary labor service agency, on a form approved by the Department, which shall include:
(1) the name and location of the agency and branch office;, (2) the name and address of the applicant;
day or temporary laborer, and (3) the date and the time that the the applicant sought the work assignments;
day or temporary laborer receives the confirmation.
(4) the manner in which the applicant sought the work assignments;
and (5) the specific work sites or type of jobs sought by the applicant, if applicable.
(b) (Blank).
No day and temporary labor service agency may send any day or temporary laborer to any place where a strike, a lockout, or other labor trouble exists.
(c) The Department shall recommend to day and temporary labor service agencies that those agencies employ personnel who can effectively communicate information required in subsection subsections (a) and (b) to day or temporary laborers in Spanish, Polish, or any other language that is generally understood in the locale of the day and temporary SB0281 - 8 - LRB103 26052 SPS 52407 b labor service agency.
Employment notices and application receipts shall be provided to the day or temporary laborer or applicant in a language that the day or temporary laborer or applicant understands.
(d) The failure of a day and temporary labor service agency to provide any of the information required by this Section shall constitute a notice violation under Section 95.
The failure to provide each piece of information required by this Section at each time it is required by this Section shall constitute a separate and distinct violation.
If a day and temporary labor service agency claims that it has electronically provided an employment notice or application receipt as required by this Section, the day and temporary labor service agency shall bear the burden of showing the employment notice or application receipt was provided if there is a dispute.
(Source:
P.A.
99-78, eff.
7-20-15;
100-517, eff.
6-1-18.) (820 ILCS 175/11 new) Sec.
(a) No day and temporary labor service agency may send a day or temporary laborer to a place where a strike, a lockout, or other labor trouble exists without providing, at or before the time of dispatch, a statement, in writing and in a language that the day orand temporary laborer understands, informing the day or temporary laborer of the labor dispute and the day or SB0281 - 9 - LRB103 26052 SPS 52407 b temporary laborer's right to refuse the assignment without prejudice to receiving another assignment.
If a day and temporary labor service agency claims that it has provided a notice as required byunder this Section electronically, the day and temporary labor service agency shall bear the burden of showing that the notice was provided if there is a dispute.
(820 ILCS 175/12)175/30) Sec.
12.
Recordkeeping.
(a) Whenever a day and temporary labor service agency sends one or more persons to work as day or temporary laborers, the day and temporary labor service agency shall keep the following records relating to that transaction:
(1) the name, address and telephone number of each third party client, including each worksite, to which day or temporary laborers were sent by the agency and the date of the transaction;
(2) for each day or temporary laborer:
the name and address, the specific location sent to work, the type of SB0281 - 10 - LRB103 26052 SPS 52407 b work performed, the number of hours worked, the hourly rate of pay and the date sent.
The term "hours worked" has the meaning ascribed to that term in 56 Ill.
Adm.
Code 210.110 and in accordance with all applicable rules or court interpretations under 56 Ill.
Adm.
Code 210.110.
The third party client shall be required to remit all information required under this subsection to the day and temporary labor service agency no later than 7 days following the last day of the work week worked by the day or temporary laborer.
Failure of a third party client to remit such information to a day and temporary labor service agency shall not be a defense to the recordkeeping requirement of this Section;
(3) the name and title of the individual or individuals at each third party client's place of business responsible for the transaction;
(4) any specific qualifications or attributes of a day or temporary laborer, requested by each third party client;
(5) copies of all contracts, if any, with the third party client and copies of all invoices for the third party client;
(6) copies of all employment notices provided in accordance with subsection (a) of Section 10;
(7) deductions to be made from each day or temporary laborer's compensation made by either the third party SB0281 - 11 - LRB103 26052 SPS 52407 b client or by the day and temporary labor service agency for the day or temporary laborer's transportation, food, equipment, withheld income tax, withheld social security payments and every other deduction;
(8) verification of the actual cost of any equipment or meal charged to a day or temporary laborer;
(9) the race and gender of each day or temporary laborer or applicant who seeks work at or is assigned sent by the day and temporary labor service agency, as such information is provided by the day or temporary laborer or applicant;
and (9.5) whether a day or temporary laborer has been placed in a permanent position with a third party client and the date of such placement;
and (10) any additional information required by rules issued by the Department.
(b) The day and temporary labor service agency shall maintain all records under this Section for a period of 3 years from their creation.
The records shall be open to inspection by the Department during normal business hours.
Records described in paragraphs (1), (2), (3), (6), (7), and (8) of subsection (a) shall be available for review or copying by that day or temporary laborer during normal business hours within 5 days following a written request.
In addition, a day and temporary labor service agency shall make records related to the number of hours billed to a third party client for that SB0281 - 12 - LRB103 26052 SPS 52407 b individual day or temporary laborer's hours of work available for review or copying during normal business hours within 5 days following a written request.
The day and temporary labor service agency shall make forms, in duplicate, for such requests available to day or temporary laborers at the dispatch office.
The day or temporary laborer shall be given a copy of the request form.
It is a violation of this Section to make any false, inaccurate or incomplete entry into any record required by this Section, or to delete required information from any such record.
Failure by the third party client to remit time records to the day and temporary labor service agency as provided in paragraph (a)(2) shall constitute a notice violation by a third party client under Section 95 of this Act unless the third party client has been precluded from submitting such time records for reasons beyond its control.
A failure by the third party client to provide time records in accordance with this subsection (b) shall not be a notice violation and shall not be the basis for a suit or other action under Section 95 of this Act against the day and temporary labor service agency.
(Source:
P.A.
94-511, eff.
1-1-06;
95-499, eff.
8-28-07.) (820 ILCS 175/30) Sec.
(a) At the time of payment of wages, a day and temporary labor service agency shall provide each day or temporary SB028110300SB0281sam002 --5- 13 - LRB103 26052 SPS 5240760288 ba laborer with a detailed itemized statement, on the day or temporary laborer's paycheck stub or on a form approved by the Department, listing the following:
(3.5)(4) the ratetotal billedpay toperiod theearnings; client company for each hour worked, including any premium rate or bonus;
SB0281(5) -all 14deductions -made from the day or temporary 10300SB0281sam002 -6- LRB103 26052 SPS 5240760288 ba (4)laborer's compensation made either by the totalthird payparty periodclient earnings;or by the day and temporary labor service agency, and the purpose for which deductions were made, including for the day or temporary laborer's transportation, food, equipment, withheld income tax, withheld social security payments, and every other deduction;
(5) all deductions made from the day or temporary laborer's compensation made either by the third party client or by the day and temporary labor service agency, and the purpose for which deductions were made, including for the day or temporary laborer's transportation, food, equipment, withheld income tax, withheld social security payments, and every other deduction;
and (5.5) the then-current maximum placement fee as defined and calculated in Section 40;
Any third party client who violates this subsection (a-1) may be subject to a civil penalty of not less than $100 and not more than $1,500 to exceed $500 for each violation found by the Department.
Such civil penalty shall may increase to not less than $500 and not more than $7,500 $2,500 for a second or subsequent violation.
For purposes of this subsection (a-1), each violation of this subsection (a-1) for each day or temporary laborer and for each day the violation continues shall constitute a separate SB0281 - 15 - LRB103 26052 SPS 52407 b and distinct violation.
(b) A day and temporary labor service agency shall provide each worker an annual earnings summary within a reasonable time after the preceding calendar year, but in no case later 10300SB0281sam002 -7- LRB103 26052 SPS 60288 a than February 1.
The day and temporary labor service agency may provide this notice by conspicuously posting the notice at the location SB0281 - 16 - LRB103 26052 SPS 52407 b where the wages are received by the day or temporary laborers.
(d) No day and temporary labor service agency shall charge any day or temporary laborer for cashing a check issued by the agency for wages earned by a day or temporary laborer who 10300SB0281sam002 -8- LRB103 26052 SPS 60288 a performed work through that agency.
(g) A day or temporary laborer who is contracted by a day SB0281 - 17 - LRB103 26052 SPS 52407 b and temporary labor service agency to work at a third party client's worksite but is not utilized by the third party client shall be paid by the day and temporary labor service agency for a minimum of 4 hours of pay at the agreed upon rate 10300SB0281sam002 -9- LRB103 26052 SPS 60288 a of pay.
SB0281 - 18 - LRB103 26052 SPS 52407 b (i) The failure of a day and temporary labor service agency or client company to provide any of the information required by this Section shall constitute a notice violation under Section 95.
The failure to provide each piece of information required by this Section at each time it is required by this Section shall constitute a separate and distinct notice violation.
6-1-18.) (820 ILCS 175/40)175/42 new) Sec.
40.
Work Restriction.
No day and temporary labor service agency shall restrict the right of a day or temporary laborer to accept a permanent position with a third party client to whom the day or temporary laborer has been referred for work or restrict the right of such third party client to offer such employment to a day or temporary laborer.
A day and temporary labor service agency may charge a placement fee to a third party client for employing a day or temporary laborer for whom a contract for work was effected by the day and temporary labor service agency not to exceed the equivalent of the total daily commission rate the day and temporary labor service agency would have received over a 60-day period, reduced by the equivalent of the daily commission rate the day and temporary labor service agency would have received for each day the day or temporary laborer has performed work for the day and temporary labor service agency in the preceding 12 SB0281 - 19 - LRB103 26052 SPS 52407 b months.
Days worked at a day and temporary labor service agency in the 12 months preceding the effective date of this amendatory Act of the 94th General Assembly shall be included for purposes of calculating the maximum placement fee described in this Section.
However, placement of a day or temporary laborer who is contracted by a day and temporary labor service agency to provide skilled labor shall not be subject to any placement fee cap.
For purposes of this Section, a day or temporary laborer who performs "skilled labor" shall apply only where the day and temporary labor service agency performs an advanced application process, a screening process, which may include processes such as advanced testing, and a job interview.
No fee provided for under this Section may be assessed or collected by the day and temporary labor service agency when the day or temporary laborer is offered permanent work following the suspension or revocation of the day and temporary labor service agency's registration by the Department.
(Source:
P.A.
94-511, eff.
1-1-06.) (820 ILCS 175/42 new) Sec.
A day or temporary 10300SB0281sam002 -10- LRB103 26052 SPS 60288 a laborer who is assigned to work at a third party client for more than one60 weekcalendar days shall be paid not less than the average rate of pay and equivalent benefits as the lowest paid directly hired employeesemployee of the third party client performingwith the same orlevel substantiallyof SB0281seniority -at 20the -company LRB103and 26052performing SPSthe 52407same bor substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and that are performed under similar working conditions.
AIf there is not a directly hired comparative employee of the third party client, the day andor temporary laborlaborer serviceshall agencybe maypaid paynot less than the hourlyrate cashof pay and equivalent benefits of benefitsthe inlowest lieupaid direct hired employee of providingthe company with the benefitsclosest requiredlevel byof thisseniority Section.at the company.
UponA request, a third party client to which a day or temporary laborer has been assigned for more than one week shall be obligated to timely provide the day and temporary labor service agency withmay allpay necessarythe informationhourly relatedcash toequivalent job duties, pay, and benefits of directly hired employees necessary for the dayactual andcost temporarybenefits laborin servicelieu agencyof tobenefits complyrequired withunder this Section.
TheUpon failurerequest, by a third party client to providewhich anya ofday or temporary laborer has been assigned for more than 60 calendar days shall be obligated to timely provide the day and temporary labor service agency with all necessary information requiredrelated byto thisjob Sectionduties, shallpay, constituteand abenefits noticeof violationdirectly byhired employees necessary for the thirdday partyand clienttemporary underlabor Sectionservice 95.agency to comply with this Section.
The failure by a third party client to provide any of the information required under this Section shall constitute a notice violation by the third party client under Section 95.
For purposes of this Section, the day and temporary labor 10300SB0281sam002 -11- LRB103 26052 SPS 60288 a service agency shall be considered a person aggrieved as described in Section 95.
Each day and temporary labor service agency shall provide proof of an employer account number issued by the Department of Employment Security for the SB0281 - 21 - LRB103 26052 SPS 52407 b payment of unemployment insurance contributions as required under the Unemployment Insurance Act, and proof of valid workers' compensation insurance in effect at the time of registration covering all of its employees.
The Department may assess each day and temporary labor service agency a non-refundable registration fee not exceeding $5,000$3,000 $1,000 per year per agency and a non-refundable fee not to exceed $1,000$750 $250 for each branch 10300SB0281sam002 -12- LRB103 26052 SPS 60288 a office or other location where the agency regularly contracts with day or temporary laborers for services.
The Department shall also adopt rules for violation hearings and penalties for violations of this Act or the Department's rules in conjunction with the penalties set forth SB0281 - 22 - LRB103 26052 SPS 52407 b in this Act.
(a-1) At the time of registration with the Department of Labor each year, the day and temporary labor service agency shall submit to the Department of Labor a report containing the information identified in paragraphs paragraph (9) and (9.5) of subsection (a) of Section 12, broken down by branch office, in the aggregate for all day or temporary laborers assigned within Illinois and subject to this Act during the preceding year.
The Department of Labor shall aggregate the information submitted by all registering day and temporary labor service agencies by removing identifying data and shall have the information available to the public only on a 10300SB0281sam002 -13- LRB103 26052 SPS 60288 a municipal and county basis.
As used in this subsection and subsection (a-2) this paragraph, "identifying data" means any and all information that:
Any(b) summaryIt reportsis createda byviolation theof SB0281this -Act 23to -operate LRB103a 26052day SPSand 52407temporary blabor Departmentservice shallagency bewithout madefirst availableregistering forwith public inspection on the Department'sDepartment websitein andaccordance shallwith notsubsection be(a) exempt from inspection and copying under the Freedom of Informationthis Act.Section.
(a-2) When a day and temporary labor service agency registers with the Department, it shall submit to the Department a report containing (i) the total number of W-2 forms issued to day or temporary laborers in Illinois during the prior year broken down by branch office and (ii) the total number of hours billed by the day and temporary labor service agency from a branch office in Illinois broken down by branch office.
This information shall be submitted on a form created by the Department.
The Department shall aggregate the information submitted by all registering day and temporary labor service agencies by removing identifying data and shall make the information available to the public on a municipal and county basis.
The information and reports submitted to the Department under this subsection by the registering day and temporary labor service agencies are exempt from inspection and copying under the Freedom of Information Act.
Any summary reports created by the Department shall be made available for public inspection on the Department's website and shall not be exempt from inspection and copying under the Freedom of Information Act.
(a-3) The Department shall deny a day and temporary labor service agency's registration until all of the information required in subsections (a-1) and (a-2) has been provided.
SB0281 - 24 - LRB103 26052 SPS 52407 b (b) It is a violation of this Act to operate a day and temporary labor service agency without first registering with the Department in accordance with subsection (a) of this Section.
The 10300SB0281sam002 -14- LRB103 26052 SPS 60288 a Department has the authority to assess a penalty against any day and temporary labor service agency that fails to register with the Department of Labor in accordance with this Act or any rules adopted under this Act of $500 for each violation.
(1) has been involved, as owner, officer, director, SB0281 - 25 - LRB103 26052 SPS 52407 b partner, or manager, of any day and temporary labor service agency whose registration has been revoked or has been suspended without being reinstated within the 5 years immediately preceding the filing of the application;
Such notices shall be in English or any other language generally understood in the locale of the 10300SB0281sam002 -15- LRB103 26052 SPS 60288 a day and temporary labor service agency.
The Attorney General, pursuant to its authority under Section 6.3 of the Attorney General Act, may request that a circuit court suspend or revoke the registration of a day and temporary labor service agency when warranted by public health concern SB0281 - 26 - LRB103 26052 SPS 52407 b or violations of this Act.
The Attorney General shall provide notice to the Director prior to requesting the suspension or revocation of the registration of a day and temporary labor service agency.
(a) It shall be the duty of the Department to enforce the provisions of this Act.
The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act and any investigator with the Department shall be authorized to visit and inspect, at all reasonable times, any places covered by this Act and shall be 10300SB0281sam002 -16- LRB103 26052 SPS 60288 a authorized to inspect, at all reasonable times, contracts for the employment of all day or temporary laborers entered into by a third party client if the Department has received a complaint indicating that the third party client may have contracted with a day and temporary labor service agency that is not registered under this Act.
After the hearing, if supported by the evidence, the Department may (i) issue and cause to be served on any party an order to cease and desist from further violation of the Act, (ii) take affirmative or other action as deemed reasonable to eliminate the effect of the violation, (iii) deny, suspend, or revoke any registration under this Act, and (iv) determine the SB0281 - 27 - LRB103 26052 SPS 52407 b amount of any civil penalty allowed by the Act.
(b) If action has been initiated by an interested party as to any violations pursuant to this Section prior to an investigation by the Department, the Department shall not launch an investigation of such violations until the conclusion of the civil matter.
The Department may intervene in the civil matter as a party in interest.
Intervention by the Department shall not alter the rights of the interested party under Section 67.
(c) Nothing in this Section shall in any way preclude a day or temporary laborer or their representatives from bringing an action to enforce rights pursuant to Section 95.
Action for civil penalties brought by an 10300SB0281sam002 -17- LRB103 26052 SPS 60288 a interested party.
(a) Upon a reasonable belief that a day and temporary labor service agency or a third party client covered by this Act is in violation of any part of this Act, an interested SB0281party -may 28initiate -a LRB103civil 26052action SPSin 52407the bcounty partywhere maythe filealleged suitoffenses againstoccurred theor coveredwhere entityany inparty ato circuitthe court,action inresides, anyasserting countythat wherea someviolation orof all the allegedAct offenseshas occurred, withoutpursuant regard to exhaustionthe offollowing anysequence alternativeof administrativeevents: remedies provided in this Act.
(b)(1) InThe aninterested actionparty broughtsubmits underto thisthe Section,Department anof interestedLabor partya maycomplaint recoverdescribing againstthe violation and naming the coveredday entityor anytemporary statutorylabor penaltiesservice setagency forthor inthird Sectionparty 70client andalleged injunctiveto relief.have violated this Act.
An(2) interestedThe partyDepartment whosends prevailsnotice shallof receivecomplaint 10%to ofthe anynamed statutoryparties penaltiesalleged assessed,to plushave anyviolated attorney'sthis feesAct and expenses in bringing the action.interested party.
The remainingnamed 90%parties ofmay anyeither statutorycontest penalties assessed shall be deposited into the Childalleged Laborviolation andor Daycure and Temporary Labor Services Enforcement Fund and shall be used exclusively for enforcement of this Act by the Department.alleged violation.
(c)(3) IfThe thenamed Departmentparties hascontest initiatedor ancure investigationthe of any alleged violation within 30 days after the receipt of the Actnotice atof complaint or, if the timenamed aparty civildoes actionnot isrespond filed,within 30 days, the civilDepartment actionissues shalla benotice stayedof asright to thosesue violationsto until the Departmentinterested hasparty completedas itsdescribed investigation.in paragraph (4).
Recovery(4) byThe the Department ofissues civila penaltiesnotice under Section 70 for any violation of theright Actto shallsue be an absolute defense to the civilinterested actionparty, byif anone interestedor partymore asof tothe thosefollowing violationshas only.occurred:
(d)(i) Thethe rightnamed of an interested party tohas bringcured an action under this Section terminates upon the passingalleged ofviolation 3to years from the latestsatisfaction date of the violation.Director;
This10300SB0281sam002 period-18- isLRB103 tolled26052 forSPS the60288 period a civil(ii) actionthe underDirector thishas Sectiondetermined that the allegation is stayedunjustified pendingor that the outcomeDepartment ofdoes annot investigationhave byjurisdiction over the Department.matter or the parties;
SB0281or -(iii) 29the -Director LRB103has 26052determined SPSthat 52407the ballegation (e)is Nothingjustified inor thishas Sectionnot shallmade in any way prevent a daydetermination, orand temporaryeither laborerhas ordecided hisnot orto herexercise representativesjurisdiction fromover bringingthe anmatter actionor tohas enforceconcluded rightsadministrative pursuantenforcement toof Sectionthe 95.matter.
(b) If within 180 days after service of the notice of complaint to the parties, the Department has not (i) resolved the contest and cure period, (ii) with the mutual agreement of the parties, extended the time for the named party to cure the violation and resolve the complaint, or (iii) issued a right to sue letter, the interested party may initiate a civil action for penalties.
The parties may extend the 180-day period by mutual agreement.
The limitations period for the interested party to bring an action for the alleged violation of the Act shall be tolled for the 180-day period and for the period of any mutually agreed extensions.
At the end of the 180-day period, or any mutually agreed extensions, the Department shall issue a right to sue letter to the interested party.
(c) Any claim or action filed under this Section must be made within 3 years of the alleged conduct resulting in the complaint plus any period for which the limitations period has 10300SB0281sam002 -19- LRB103 26052 SPS 60288 a been tolled.
(d) In an action brought pursuant to this Section, an interested party may recover against the covered entity any statutory penalties set forth in Section 70 and injunctive relief.
An interested party who prevails in a civil action shall receive 10% of any statutory penalties assessed, plus any attorneys' fees and expenses in bringing the action.
The remaining 90% of any statutory penalties assessed shall be deposited into the Child Labor and Day and Temporary Labor Services Enforcement Fund and shall be used exclusively for the purposes set forth in Section 17.3 of the Child Labor Law.
(a) A day and temporary labor service agency or third party client that violates any of the provisions of this Act or any rule adopted under this Act shall be subject to a civil penalty of not less than $100 and not more than $18,000 to exceed $1,000 $6,000 for each violation violations found in the first audit by the Department or determined by a court in a civil action brought by an interested party, or determined by a court in a civil action brought by the Attorney General pursuant to its authority under Section 6.3 of the Attorney General Act.
Following a first audit or civil action, a day and temporary labor service agency or third party client shall be subject to a civil penalty of not less than $500$250 and not more than $7,500 10300SB0281sam002 -20- LRB103 26052 SPS 60288 a to exceed $2,500 for each repeat violation found by the Department or circuit court within 3 years.
In determining the amount of a penalty, the Director or circuit court shall consider the appropriateness of the penalty to the day and temporary labor service agency or third party client SB0281 - 30 - LRB103 26052 SPS 52407 b charged, upon the determination of the gravity of the violations.
(b) The Department shall adopt rules for violation hearings and penalties for violations of this Act or the 10300SB0281sam002 -21- LRB103 26052 SPS 60288 a Department's rules in conjunction with the penalties set forth in this Act.
7-22-10.) (820 ILCS 175/85) SB0281 - 31 - LRB103 26052 SPS 52407 b Sec.
All contracts between any day and temporary labor service agency and any third party client shall be 10300SB0281sam002 -22- LRB103 26052 SPS 60288 a considered null and void from the date any such denial, suspension, or revocation of registration becomes effective and until such time as the day and temporary labor service agency becomes registered and considered in good standing by the Department as provided in Section 50 and Section 55.
The Department shall provide on the Internet SB0281 - 32 - LRB103 26052 SPS 52407 b a list of entities registered as day and temporary labor service agencies.
Any third party client that violates this provision of the Act is subject to a civil penalty of not less than $100 and not to exceed $1,000$1,500 $500.
(c)10300SB0281sam002 Whenever-23- aLRB103 day26052 orSPS temporary60288 laborer is assigned to work at a third(c) partyBefore client, the dayassignment or temporary laborer shall receive training on all machinery that the day or temporary laborer is required to operate or work on in the vicinity of wherean reasonableemployee precautions would be expected to bea takenworksite equivalentemployer, toa any training provided to directly hired employees of the third party client who operate the same or substantially similar machinery in advance of the day orand SB0281 - 33 - LRB103 26052 SPS 52407 b temporary laborerlabor operatingservice oragency workingmust: in the vicinity of such machinery.
The(1) thirdinquire partyabout the client andcompany's daysafety and temporaryhealth laborpractices serviceand agencyhazards shallat jointlythe haveactual aworkplace dutywhere tothe ensureday thator suchtemporary traininglaborer iswill providedbe inworking advanceto ofassess anythe worksafety performedconditions, byworkers atasks, dayand orthe temporaryclient laborer.company's safety program;
Failurethese toactivities provideare therequired trainingat prescribed in this Section constitutes a health and safety violation by the thirdstart partyof clientany andcontract theto place day andor temporary laborlaborers serviceand agencymay underinclude Sectionvisiting 95 in addition to any other relief available to the dayclient orcompany's temporaryactual laborerworksite. under law.
If, during the inquiry or anytime during the period of the contract, the day and temporary labor service agency becomes aware of existing job hazards that are not mitigated by the client company, the day and temporary labor service agency must make the client company aware, urge the client company to correct it, and document these efforts, otherwise the day and temporary labor service agency must remove the day or temporary laborers from the client company's worksite;
(2) provide training to the day or temporary laborer for general awareness safety training for recognized industry hazards the day or temporary laborer may encounter at the client company's worksite.
Industry hazard training must be completed, in the preferred language of the day or temporary laborer, and must be provided at no expense to the day or temporary laborer.
The training date and training content must be maintained 10300SB0281sam002 -24- LRB103 26052 SPS 60288 a by the day and temporary staffing agency and provided to the day or temporary laborer;
(3) transmit a general description of the training program including topics covered to the client company, whether electronically or on paper, at the start of the contract with the client company;
(4) provide the Department's hotline number for the employee to call to report safety hazards and concerns as part of the employment materials provided to the day or temporary laborer;
and (5) inform the day or temporary laborer who the day or temporary laborer should report safety concerns to at the workplace.
Nothing in this Section shall diminish any existing client company or a day and temporary labor service agency's responsibility as an employer to provide a place of employment free from recognized hazards or to otherwise comply with other health and safety or employment laws.
The client company and the day and temporary labor service agency are responsible for compliance with this Section and the rules adopted under this Section.
(d) Before the day or temporary laborer engages in work for a client company, the client company must:
(1) document and inform the day and temporary labor service agency about anticipated job hazards likely encountered by the day or temporary laborer;
10300SB0281sam002 -25- LRB103 26052 SPS 60288 a (2) review the safety and health awareness training provided by the day and temporary labor service agency to determine if it addresses recognized hazards for the client company's industry;
(3) provide specific training tailored to the particular hazards at the client company's worksite;
and (4) document and maintain records of site-specific training and provide confirmation that the training occurred to the day and temporary labor service agency within 3 business days of providing the training.
(e) If the client company changes the job tasks or work location and new hazards may be encountered, the client company must:
(1) inform both the day and temporary labor service agency and the day or temporary laborer;
and (2) inform both the day and temporary labor service agency staffing agency and the day or temporary laborer of job hazards not previously covered before the day or temporary laborer undertakes the new tasks and update personal protective equipment and training for the new job tasks, if necessary.
(f) A day and temporary labor service agency or day or temporary laborer may refuse a new job task at the worksite when the task has not been reviewed or if the day or temporary laborer has not had appropriate training to do the new task.
(g) A client company that supervises a day or temporary 10300SB0281sam002 -26- LRB103 26052 SPS 60288 a laborer must provide worksite specific training to the day or temporary laborer and must allow a day and temporary labor service agency to visit any worksite where the day or temporary laborer works or will be working to observe and confirm the client company's training and information related to the worksite's job tasks, safety and health practices, and hazards.
1-1-06.) (820Section ILCS99. 175/87 new) Sec.
87.
Prohibition against abusive contracts.
(a) Any contract entered into between a day or temporary laborer and a day and temporary labor service agency or third party client that in any way limits or affects the day or temporary laborer's ability to enforce rights under this Act, including the venue for enforcement, or other workplace-based rights under Illinois law must meet the following criteria to be valid and enforceable:
(1) the contract must be in writing and executed by original, ink signatures with a hard copy given to the day or temporary laborer;
(2) the contract must be signed by any party that seeks to bind the day or temporary laborer to the agreement;
SB0281 - 34 - LRB103 26052 SPS 52407 b (3) the contract must be valid only for the term of the day or temporary laborer's current assignment to a client company and expires after the assignment concludes;
(4) the original contract must be maintained and produced in any proceeding to enforce the terms of the contract;
and (5) if any provision of such a contract is deemed unenforceable under Illinois law, the entire agreement must be unenforceable.
(b) Any contract entered into between a temporary labor service agency and any third party client that may impact a day or temporary laborer's wages, ability to work at another day and temporary labor service agency or third party client company must be disclosed and a copy provided to each day or temporary laborer in a language that the day or temporary laborer understands within 7 days after the contract goes into effect or impacts the day or temporary laborer.
(c) The failure by a day and temporary labor service agency or client company to provide any of the information required by this Section shall constitute a notice violation under Section 95.
The failure to provide each piece of information required by this Section at each time it is required by this Section shall constitute a separate and distinct notice violation.
(820 ILCS 175/90) SB0281 - 35 - LRB103 26052 SPS 52407 b Sec.
90.
Retaliation.
(a) Prohibition.
It is a violation of this Act for a day and temporary labor service agency or third party client, or any agent of a day and temporary labor service agency or third party client, to retaliate through removal from an assignment, a failure to assign, discharge, or in any other manner of negative job actions against any day or temporary laborer for exercising any rights granted under this Act.
Such retaliation shall subject a day and temporary labor service agency or third party client, or both, to civil penalties pursuant to this Act or a private cause of action.
(b) Protected Acts from Retaliation.
It is a violation of this Act for a day and temporary labor service agency or third party client to retaliate against a day or temporary laborer for:
(1) making a complaint to a day and temporary labor service agency, to a third party client, to a co-worker, to a community organization, before a public hearing, or to a State or federal agency that rights guaranteed under this Act have been violated;
(2) causing to be instituted any proceeding under or related to this Act;
or (3) testifying or preparing to testify in an investigation or proceeding under this Act;
or.
(4) refusing an assignment to any place where a strike, a lockout, or other labor trouble exists.
SB0281 - 36 - LRB103 26052 SPS 52407 b (Source:
P.A.
94-511, eff.
1-1-06.) (820 ILCS 175/95) Sec.
95.
Private Right of Action.
(a) A person aggrieved by a violation of this Act or any rule adopted under this Act by a day and temporary labor service agency or a third party client may file suit in circuit court of Illinois, in the county where the alleged offense occurred or where any day or temporary laborer who is party to the action resides, without regard to exhaustion of any alternative administrative remedies provided in this Act.
A day and temporary labor service agency aggrieved by a violation of this Act or any rule adopted under this Act by a third party client may file suit in circuit court of Illinois, in the county where the alleged offense occurred or where the day and temporary labor service agency which is party to the action is located.
Actions may be brought by one or more day or temporary laborers for and on behalf of themselves and other day or temporary laborers similarly situated.
A day or temporary laborer whose rights have been violated under this Act by a day and temporary labor service agency or a third party client or a day and temporary labor service agency whose rights have been violated under this Act by a third party client is entitled to collect:
(1) in the case of a wage and hour violation, the amount of any wages, salary, employment benefits, or other SB0281 - 37 - LRB103 26052 SPS 52407 b compensation denied or lost to the day or temporary laborer or day and temporary labor service agency by reason of the violation, plus an equal amount in liquidated damages;
(2) in the case of a health and safety or notice violation, compensatory damages and an amount of not less than $100 but not more than $1,000 for each up to $500 for the violation of each subpart of each Section;
(3) in the case of unlawful retaliation, the greater of all legal or equitable relief as may be appropriate or liquidated damages equal to $25,000 per incident of retaliation, at the selection of the aggrieved person, and reinstatement, if appropriate;
and (4) attorney's fees and costs.
(a-5) Upon a reasonable belief that a day and temporary labor service agency has violated any provision of this Act, an interested party shall have the right to bring an action for any such violation on the same basis as an aggrieved day or temporary laborer provided in subsection (a), except that the interested party need not be aggrieved in order to:
(1) disgorge, in the case of a wage and hour violation, any financial benefit to the employer from unpaid wages in the amount of all unpaid wages, plus statutory interest and statutory damages and attorneys' fees and costs as provided herein and in the Minimum Wage Law and Wage Payment and Collection Act;
and SB0281 - 38 - LRB103 26052 SPS 52407 b (2) pursue, in the case of a health and safety or notice violation, an amount of not less than $100 but not more than $1,000 for each violation of each subpart of each Section.
An interested party may bring an action to disgorge the amounts provided in paragraphs (1) and (2) for similarly situated employees of the day and temporary labor service agency who do not request to exclude themselves from the proceeding.
In adjudicating an action involving a class of similarly situated employees brought under this subsection, the circuit court shall apply the procedures set forth in Part 8 of Article II of the Code of Civil Procedure, except that there shall be no requirement that the interested party have a claim or claims that are common to or are typical of the members of the class.
Any funds for unpaid wages, statutory interest or statutory damages disgorged from an employer and awarded in an action brought under this subsection shall be distributed to all employees, other than those who exclude themselves from the action pursuant to the procedure set forth in subsection (b) of Section 2-804 of the Code of Civil Procedure, in proportion to the amount of each employee's unpaid wages.
(b) The right of an aggrieved person to bring an action under this Section terminates upon the passing of 3 years from the final date of employment by the day and temporary labor agency or the third party client or upon the passing of 3 years SB0281 - 39 - LRB103 26052 SPS 52407 b from the date of termination of the contract between the day and temporary labor service agency and the third party client.
This limitations period is tolled if a day labor employer has deterred a day and temporary labor service agency or day or temporary laborer's exercise of rights under this Act by contacting or threatening to contact law enforcement agencies.
The right of an interested party to bring an action under this Section on behalf of a day or temporary laborer, a group of day or temporary laborers, or a class of day or temporary laborers terminates 3 years after the date of termination of the contract between the day and temporary labor service agency and the third party client.
(Source:
P.A.
96-1185, eff.
7-22-10.) Section 99.
This Act takes effect July 1, 2023.2023.".