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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Day and Temporary Labor Services Act is | ||||||
| 5 | amended by changing Sections 5, 12, and 95 as follows:
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| 6 | (820 ILCS 175/5)
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| 7 | Sec. 5. Definitions. As used in this Act:
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| 8 | "Day or temporary laborer" means a natural person who | ||||||
| 9 | contracts
for employment
with a day and temporary labor service | ||||||
| 10 | agency.
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| 11 | "Day or temporary labor applicant" means a natural person | ||||||
| 12 | who requests a job assignment through a day and temporary labor | ||||||
| 13 | service agency, whether in person, verbally, in writing, or | ||||||
| 14 | through an online application process. | ||||||
| 15 | "Day and temporary labor" means work performed by a day or | ||||||
| 16 | temporary laborer at a third party client, the duration of | ||||||
| 17 | which may be specific or undefined, pursuant to a contract or | ||||||
| 18 | understanding between the day and temporary labor service | ||||||
| 19 | agency and the third party client.
"Day and temporary labor" | ||||||
| 20 | does not include labor or employment of
a professional or
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| 21 | clerical nature.
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| 22 | "Day and temporary labor service agency" means any person | ||||||
| 23 | or
entity engaged in
the business of employing day or temporary | ||||||
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| 1 | laborers to provide
services, for a fee, to or for any
third | ||||||
| 2 | party client pursuant to a contract with the day and temporary
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| 3 | labor service agency and
the third party client.
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| 4 | "Department" means the Department of Labor.
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| 5 | "Third party client" means any person that contracts with a
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| 6 | day and temporary labor
service agency for obtaining day or | ||||||
| 7 | temporary laborers.
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| 8 | "Person" means every natural person, firm, partnership, | ||||||
| 9 | co-partnership, limited liability company, corporation, | ||||||
| 10 | association, business trust, or other legal entity, or its | ||||||
| 11 | legal representatives, agents, or assigns.
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| 12 | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
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| 13 | (820 ILCS 175/12)
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| 14 | Sec. 12. Recordkeeping. | ||||||
| 15 | (a) The Whenever a day and temporary labor service agency | ||||||
| 16 | sends one or more persons to work as day or temporary laborers, | ||||||
| 17 | the day and temporary labor service agency shall keep the | ||||||
| 18 | following records relating to that transaction: | ||||||
| 19 | (1) the name, address and telephone number of each | ||||||
| 20 | third party client, including each worksite, to which day | ||||||
| 21 | or temporary laborers were sent by the agency and the date | ||||||
| 22 | of the transaction; | ||||||
| 23 | (2) for each person that applies to become a day or | ||||||
| 24 | temporary laborer: the name and address, the race, | ||||||
| 25 | ethnicity, and gender, as provided by the person who | ||||||
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| 1 | requests employment, and, if applicable, the specific | ||||||
| 2 | location sent to work, the type of work performed, the | ||||||
| 3 | number of hours worked, the hourly rate of pay and the date | ||||||
| 4 | sent. The term "hours worked" has the meaning ascribed to | ||||||
| 5 | that term in 56 Ill. Adm. Code 210.110 and in accordance | ||||||
| 6 | with all applicable rules or court interpretations under 56 | ||||||
| 7 | Ill. Adm. Code 210.110. The third party client shall be | ||||||
| 8 | required to remit all information required under this | ||||||
| 9 | subsection to the day and temporary labor service agency no | ||||||
| 10 | later than 7 days following the last day of the work week | ||||||
| 11 | worked by the day or temporary laborer. Failure of a third | ||||||
| 12 | party client to remit such information to a day and | ||||||
| 13 | temporary labor service agency shall not be a defense to | ||||||
| 14 | the recordkeeping requirement of this Section; | ||||||
| 15 | (3) the name and title of the individual or individuals | ||||||
| 16 | at each third party client's place of business responsible | ||||||
| 17 | for the transaction; | ||||||
| 18 | (4) any specific qualifications or attributes of a day | ||||||
| 19 | or temporary laborer, requested by each third party client; | ||||||
| 20 | (5) copies of all contracts, if any, with the third | ||||||
| 21 | party client and copies of all invoices for the third party | ||||||
| 22 | client; | ||||||
| 23 | (6) copies of all employment notices provided in | ||||||
| 24 | accordance with subsection (a) of Section 10; | ||||||
| 25 | (7) deductions to be made from each day or temporary | ||||||
| 26 | laborer's compensation made by either the third party | ||||||
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| 1 | client or by the day and temporary labor service agency for | ||||||
| 2 | the day or temporary laborer's transportation, food, | ||||||
| 3 | equipment, withheld income tax, withheld social security | ||||||
| 4 | payments and every other deduction; | ||||||
| 5 | (8) verification of the actual cost of any equipment or | ||||||
| 6 | meal charged to a day or temporary laborer; | ||||||
| 7 | (9) the race and gender of each day or temporary | ||||||
| 8 | laborer sent by the day and temporary labor service agency | ||||||
| 9 | a copy of the
written notice, signed and stamped by an | ||||||
| 10 | employee of the day and
temporary labor agency specifying | ||||||
| 11 | the date, time, and
location the applicant requested | ||||||
| 12 | employment, provided to each day or
temporary labor | ||||||
| 13 | applicant by the day and
temporary labor service agency , as | ||||||
| 14 | provided by the day or temporary laborer;
and | ||||||
| 15 | (10) any additional information required by rules | ||||||
| 16 | issued by the Department. | ||||||
| 17 | (b) The day and temporary labor service agency shall | ||||||
| 18 | maintain all records under this Section for a period of 3 years | ||||||
| 19 | from their creation. The records shall be open to inspection by | ||||||
| 20 | the Department and the Department of Human Rights during normal | ||||||
| 21 | business hours. Records described in paragraphs (1), (2), (3), | ||||||
| 22 | (6), (7), and (8) of subsection (a) shall be available for | ||||||
| 23 | review or copying by that day or temporary laborer during | ||||||
| 24 | normal business hours within 5 days following a written | ||||||
| 25 | request. In addition, a day and temporary labor service agency | ||||||
| 26 | shall make records related to the number of hours billed to a | ||||||
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| 1 | third party client for that individual day or temporary | ||||||
| 2 | laborer's hours of work available for review or copying during | ||||||
| 3 | normal business hours within 5 days following a written | ||||||
| 4 | request. The day and temporary labor service agency shall make | ||||||
| 5 | forms, in duplicate, for such requests available to day or | ||||||
| 6 | temporary laborers at the dispatch office. The day or temporary | ||||||
| 7 | laborer shall be given a copy of the request form. It is a | ||||||
| 8 | violation of this Section to make any false, inaccurate or | ||||||
| 9 | incomplete entry into any record required by this Section, or | ||||||
| 10 | to delete required information from any such record. Failure by | ||||||
| 11 | the third party client to remit time records to the day and | ||||||
| 12 | temporary labor service agency as provided in paragraph (a)(2) | ||||||
| 13 | shall constitute a notice violation by a third party client | ||||||
| 14 | under Section 95 of this Act unless the third party client has | ||||||
| 15 | been precluded from submitting such time records for reasons | ||||||
| 16 | beyond its control. A failure by the third party client to | ||||||
| 17 | provide time records in accordance with this subsection (b) | ||||||
| 18 | shall not be a notice violation and shall not be the basis for | ||||||
| 19 | a suit or other action under Section 95 of this Act against the | ||||||
| 20 | day and temporary labor service agency.
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| 21 | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
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| 22 | (820 ILCS 175/95)
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| 23 | Sec. 95. Private Right of Action. | ||||||
| 24 | (a) A person aggrieved by a violation of this Act or any | ||||||
| 25 | rule adopted under this Act by a day and temporary labor | ||||||
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| 1 | service agency or a third party client may file suit in circuit | ||||||
| 2 | court of Illinois, in the county where the alleged offense | ||||||
| 3 | occurred or where any day or temporary laborer who is party to | ||||||
| 4 | the action resides, without regard to exhaustion of any | ||||||
| 5 | alternative administrative remedies provided in this Act. A day | ||||||
| 6 | and temporary labor service agency aggrieved by a violation of | ||||||
| 7 | this Act or any rule adopted under this Act by a third party | ||||||
| 8 | client may file suit in circuit court of Illinois, in the | ||||||
| 9 | county where the alleged offense occurred or where the day and | ||||||
| 10 | temporary labor service agency which is party to the action is | ||||||
| 11 | located. Actions may be brought by one or more day or temporary | ||||||
| 12 | laborers for and on behalf of themselves and other day or | ||||||
| 13 | temporary laborers similarly situated. A day or temporary | ||||||
| 14 | laborer whose rights have been violated under this Act by a day | ||||||
| 15 | and temporary labor service agency or a third party client or a | ||||||
| 16 | day and temporary labor service agency whose rights have been | ||||||
| 17 | violated under this Act by a third party client is entitled to | ||||||
| 18 | collect: | ||||||
| 19 | (1) in the case of a wage and hour violation, the | ||||||
| 20 | amount of any wages, salary, employment benefits, or other | ||||||
| 21 | compensation denied or lost to the day or temporary laborer | ||||||
| 22 | or day and temporary labor service agency by reason of the | ||||||
| 23 | violation, plus an equal amount in liquidated damages; | ||||||
| 24 | (2) in the case of a health and safety or notice | ||||||
| 25 | violation, compensatory damages and an amount between $50 | ||||||
| 26 | and up to $500 for each the violation of each subpart of | ||||||
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| 1 | each Section; | ||||||
| 2 | (3) in the case of unlawful retaliation, all legal or | ||||||
| 3 | equitable relief as may be appropriate; and | ||||||
| 4 | (4) attorney's fees and costs. | ||||||
| 5 | (b) The right of an aggrieved person to bring an action | ||||||
| 6 | under this Section terminates upon the passing of 3 years from | ||||||
| 7 | the final date of employment by the day and temporary labor | ||||||
| 8 | agency or the third party client or upon the passing of 3 years | ||||||
| 9 | from the date of termination of the contract between the day | ||||||
| 10 | and temporary labor service agency and the third party client. | ||||||
| 11 | This limitations period is tolled if a day labor employer has | ||||||
| 12 | deterred a day and temporary labor service agency or day or | ||||||
| 13 | temporary laborer's exercise of rights under this Act by | ||||||
| 14 | contacting or threatening to contact law enforcement agencies.
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| 15 | (Source: P.A. 96-1185, eff. 7-22-10.)
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