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91_SB0079eng SB79 Engrossed 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 labor or employment that is occasional 10 or irregular at which a person is employed for not longer 11 than the time period required to complete the assignment for 12 which the person was hired and where wage payments are made 13 directly or indirectly by the day labor service agency or the 14 third party employer for work undertaken by day laborers 15 pursuant to a contract between the day labor service agency 16 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. Statement. 27 (a) Whenever a day labor service agency agrees to send 28 one or more persons to work as day laborers, the day labor 29 service agency shall, upon request by a day laborer, provide 30 to the day laborer a statement containing the following SB79 Engrossed -2- LRB9101764WHdv 1 items: "Name and nature of the work to be performed", "wages 2 offered", "destination of the person employed", "terms of 3 transportation", and whether a meal and equipment is 4 provided, either by the day labor service or the third party 5 employer, and the cost of the meal and equipment, if any. 6 (b) No day labor service agency may send any day laborer 7 to any place where a strike, a lockout, or other labor 8 trouble exists without first notifying the day laborer of the 9 conditions. 10 (c) The Department shall recommend to day labor service 11 agencies that those agencies employ personnel who can 12 effectively communicate information required in subsections 13 (a) and (b) to day laborers in Spanish, Polish, or any other 14 language that is generally used in the locale of the day 15 labor agency. 16 Section 15. Meals. A day labor service agency or a 17 third party employer shall not charge a day laborer more than 18 the actual cost of a meal. In no case shall the purchase of 19 a meal be a condition of employment for a day laborer. 20 Section 20. Transportation. A day labor service agency 21 or a third party employer shall charge no more than the 22 actual cost to transport a day laborer to or from the 23 designated work site; however, the total cost to each day 24 laborer shall not exceed 3% of the day laborer's daily wages. 25 Any motor vehicle that is owned or operated by the day labor 26 service agency or a third party employer, or a contractor of 27 either, which is used for the transportation of day laborers 28 shall have proof of financial responsibility as provided for 29 in Chapter 8 of the Illinois Vehicle Code. 30 Section 25. Day laborer equipment. For any safety 31 equipment, clothing, accessories, or any other items required SB79 Engrossed -3- LRB9101764WHdv 1 by the nature of the work, either by law, custom, or as a 2 requirement of the third party employer, the day labor 3 service agency or the third party employer may charge the day 4 laborer the market value of the item temporarily provided to 5 the day laborer by the third party employer if the day 6 laborer fails to return such items to the third party 7 employer or the day labor service agency. For any other 8 equipment, clothing, accessories, or any other items the day 9 labor service agency makes available for purchase, the day 10 laborer shall not be charged more than the actual market 11 value for the item. 12 Section 30. Wage Payment. 13 (a) At the time of the payment of wages, a day labor 14 service agency shall provide each day laborer with an 15 itemized statement showing in detail each deduction made from 16 the wages. 17 (b) A day labor service agency shall provide each worker 18 an annual earnings summary within a reasonable time after the 19 preceding calendar year, but in no case later than February 20 1. A day labor service agency shall, at the time of each 21 wage payment, give notice to day laborers of the availability 22 of the annual earnings summary or post such a notice in a 23 conspicuous place in the public reception area. 24 (c) At the request of a day laborer, a day labor service 25 agency shall hold the daily wages of the day laborer and make 26 either weekly or semi-monthly payments. The wages shall be 27 paid in a single check representing the wages earned during 28 the period, either weekly or semi-monthly, designated by the 29 day laborer in accordance with the Illinois Wage Payment and 30 Collection Act. Day labor service agencies that make daily 31 wage payments shall provide written notification to all day 32 laborers of the right to request weekly or semi-monthly 33 checks. The day labor service agency may provide this notice SB79 Engrossed -4- LRB9101764WHdv 1 by conspicuously posting the notice at the location where the 2 wages are received by the day laborers. 3 (d) No day labor service agency shall charge any day 4 laborer for cashing a check issued by the agency for wages 5 earned by a day laborer who performed work through that 6 agency. 7 (e) Day laborers shall be paid no less than the wage 8 rate stated in the notice as provided in Section 10 of this 9 Act for all the work performed on behalf of the third party 10 employer in addition to the work listed in the written 11 description. 12 Section 35. Public Access Area. Each day labor service 13 agency shall provide adequate seating in the public access 14 area of the offices of the agency. The public access area 15 shall be the location for the employment and wage notices 16 required by Section 10 of this Act. The public access area 17 shall allow for access to restrooms and water. 18 Section 40. Work Restriction. No day labor service 19 agency shall restrict the right of a day laborer to accept a 20 permanent position with a third party employer to whom the 21 day laborer has been referred for work or restrict the right 22 of such third party employer to offer such employment to a 23 day laborer. Nothing in this Section shall restrict a day 24 labor service agency from receiving a placement fee from the 25 third party employer for employing a day laborer for whom a 26 contract for work was effected by the day labor service 27 agency. 28 Section 45. Registration; Department of Labor. A day 29 labor service agency shall register with the Department of 30 Labor in accordance with rules adopted by the Department for 31 day labor service agencies that operate within the State. SB79 Engrossed -5- LRB9101764WHdv 1 The Department may assess each agency a registration fee not 2 exceeding $250. The Department shall also adopt rules for 3 violation hearings and penalties for violations of this Act 4 or the Department's rules. The Department shall cause to be 5 posted in each agency a notice which informs the public of a 6 toll-free telephone number for day laborers and the public to 7 file wage dispute complaints and other alleged violations by 8 day labor service agencies. 9 Section 50. Violations. A day labor service agency that 10 fails to register with the Department of Labor in accordance 11 with this Act shall be guilty of a petty offense for which a 12 fine of $1,000 may be imposed for the first offense and shall 13 be guilty of a Class C misdemeanor for a second or 14 subsequent offense. The Department shall have the authority 15 to suspend or revoke the registration of a day labor service 16 agency if warranted by public health and safety concerns or 17 violations of this Act. 18 Section 99. Effective Date. This Act takes effect on 19 January 1, 2000.