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91_SB0079
LRB9101764WHdv
1 AN ACT in relation to day labor services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short Title. This Act may be cited as the
5 Day Labor Services Act.
6 Section 5. Definitions. As used in this Act:
7 "Day laborer" means a natural person who contracts for
8 employment with a day labor service agency.
9 "Day labor" means temporary labor or employment that is
10 occasional or irregular at which a person is employed for not
11 longer that the time period required to complete the
12 temporary assignment for which the person was hired and where
13 wage payments are made directly or indirectly by the day
14 labor service agency or the third party employer for work
15 undertaken by day laborers pursuant to a contract between the
16 day labor service agency with the third party employer.
17 "Day labor service agency" means any person or entity
18 engaged in the business of employing day laborers to provide
19 services to or for any third party employer pursuant to a
20 contract with the day labor service and the third party
21 employer.
22 "Department" means the Department of Labor.
23 "Third party employer" means any person that contracts
24 with a day labor service agency for the employment of day
25 laborers.
26 Section 10. Job Notices.
27 (a) A day labor service agency shall, in the public
28 reception area, post a list of all employers that are seeking
29 day laborers which shall include the following:
30 (1) the name and address of the employer and the
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1 address of the work site if different from that of the
2 employer;
3 (2) the type of job opportunity for day laborers;
4 (3) the amount of wages to be paid per hour for the
5 work; and
6 (4) whether transportation is available, the cost
7 of transportation, if any, whether the work site is
8 accessible by public or personal transportation and the
9 approximate commute time to the work site.
10 (b) A day labor service agency shall, for each job
11 opportunity posted, provide a detailed description of the
12 work which shall include the following:
13 (1) a detailed description of the work to be
14 performed by the day laborer, including any requirements
15 for special attire, accessories, or safety equipment;
16 (2) whether the day laborer will be charged for
17 using special attire, accessories, or safety equipment;
18 (3) the exact address of the work site and a
19 telephone number at which a day laborer can be reached
20 for emergency purposes; if the location is in a rural
21 area, the notice must also contain directions to the work
22 site;
23 (4) the amount of wages to be paid per hour for the
24 work, the time of day the work will begin, the time of
25 day the work will end, and the overtime rate of pay;
26 (5) if transportation is to be provided to the work
27 site, either by the day labor service agency or the third
28 party employer, the cost of the transportation, if any,
29 and whether the work site is accessible by public or
30 personal transportation and the approximate commute time
31 to and from the work site; and
32 (6) whether a meal is provided, either by the day
33 labor service agency or the third party employer, and the
34 cost of the meal, if any.
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1 (c) The notices required to be posted under subsections
2 (a) and (b) of this Section shall be written in English and
3 any other language that is generally used in the locale of
4 the day labor service agency. In counties with a population
5 of 500,000 or greater, the notices shall be printed in
6 English, Spanish, and Polish.
7 Section 15. Meals. A day labor service agency or a
8 third party employer shall not charge a day laborer more than
9 the actual cost of a meal. In no case shall the purchase of
10 a meal be a condition of employment for a day laborer.
11 Section 20. Transportation. A day labor service agency
12 or a third party employer shall charge no more than the
13 actual cost to transport a day laborer to or from the
14 designated work site; however, the total cost to each day
15 laborer shall not exceed 3% of the day laborer's daily wages.
16 Any motor vehicle that is owned or operated by the day labor
17 service agency or a third party employer, or a contractor of
18 either, which is used for the transportation of day laborers
19 shall have proof of financial responsibility as provided for
20 in Chapter 8 of the Illinois Vehicle Code.
21 Section 25. Day laborer equipment. For any safety
22 equipment, clothing, accessories, or any other items required
23 by the nature of the work, either by law, custom, or as a
24 requirement of the third party employer, the day labor
25 service agency or the third party employer may charge the day
26 laborer the market value of the item temporarily provided to
27 the day laborer by the third party employer if the day
28 laborer fails to return such items to the third party
29 employer or the day labor service agency. For any other
30 equipment, clothing, accessories, or any other items the day
31 labor service agency makes available for purchase, the day
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1 laborer shall not be charged more than the actual market
2 value for the item.
3 Section 30. Wage Payment.
4 (a) At the time of the payment of wages, a day labor
5 service agency shall provide each day laborer with an
6 itemized statement showing in detail each deduction made from
7 the wages.
8 (b) A day labor service agency shall provide each worker
9 an annual earnings summary within a reasonable time after the
10 preceding calendar year, but in no case later than February
11 1. A day labor service agency shall, at the time of each
12 wage payment, give notice to day laborers of the availability
13 of the annual earnings summary or post such a notice in a
14 conspicuous place in the public reception area.
15 (c) At the request of a day laborer, a day labor service
16 agency shall hold the daily wages of the day laborer and make
17 either weekly or semi-monthly payments. The wages shall be
18 paid in a single check representing the wages earned during
19 the period, either weekly or semi-monthly, designated by the
20 day laborer in accordance with the Illinois Wage Payment and
21 Collection Act. Day labor service agencies that make daily
22 wage payments shall provide written notification to all day
23 laborers of the right to request weekly or semi-monthly
24 checks. The day labor service agency may provide this notice
25 by conspicuously posting the notice at the location where the
26 wages are received by the day laborers.
27 (d) No day labor service agency shall charge any day
28 laborer for cashing a check issued by the agency for wages
29 earned by a day laborer who performed work through that
30 agency.
31 (e) Day laborers shall be paid no less that the wage
32 rate stated in the notice as provided in Section 10 of this
33 Act for all the work performed on behalf of the third party
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1 employer in addition to the work listed in the written
2 description.
3 Section 30. Public Access Area. Each day labor service
4 agency shall provide adequate seating in the public access
5 area of the offices of the agency. The public access area
6 shall be the location for the employment and wage notices
7 required by Section 10 of this Act. The public access area
8 shall allow for access to restrooms and water.
9 Section 35. Work Restriction. No day labor service
10 agency shall restrict the right of a day laborer to accept a
11 permanent position with a third party employer to whom the
12 day laborer has been referred for temporary work or restrict
13 the right of such third party employer to offer such
14 employment to a day laborer. Nothing in this Section shall
15 restrict a day labor service agency from receiving a
16 placement fee from the third party employer for employing a
17 day laborer for whom a contract for temporary work was
18 effected by the day labor service agency.
19 Section 40. Registration; Department of Labor. A day
20 labor service agency shall register with the Department of
21 Labor in accordance with rules adopted by the Department for
22 day labor service agencies that operate within the State.
23 The Department may assess each agency a registration fee not
24 exceeding $250. The Department shall also adopt rules for
25 violation hearings and penalties for violations of this Act
26 or the Department's rules. The Department shall cause to be
27 posted in each agency a notice which informs the public of a
28 toll free telephone number for day laborers and the public to
29 file wage dispute complaints and other alleged violations by
30 day labor service agencies.
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1 Section 45. Violations. A day labor service agency that
2 fails to register with the Department of Labor in accordance
3 with this Act shall be guilty of a petty offense for which a
4 fine of $1,000 may be imposed for the first offense and shall
5 be guilty of a Class C misdemeanor for a second or
6 subsequent offense. The Department shall have the authority
7 to suspend or revoke the registration of a day labor service
8 agency if warranted by public health and safety concerns or
9 violations of this Act.
10 Section 99. Effective Date. This Act takes effect on
11 January 1, 2000.