99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0047
 
Introduced 1/15/2015, by Sen. James F. Clayborne, Jr.
 
SYNOPSIS AS INTRODUCED:






820 ILCS 175/2
820 ILCS 175/5
820 ILCS 175/12
820 ILCS 175/95

 Amends the Day and Temporary Labor Services Act. In the Section containing legislative findings, adds a finding that temporary laborers are vulnerable to discriminatory practices. Defines "day or temporary labor applicant". In a Section concerning recordkeeping, provides that the day and temporary labor service agency shall keep a record of the race, ethnicity, and gender of each day or temporary laborer or day or temporary labor applicant, as provided by the person who requests employment with or is contracted by the day and temporary labor service agency (instead of "the race and gender of each day or temporary laborer sent by the day and temporary labor service agency"). Provides that the day and temporary labor service agency shall provide each day or temporary labor applicant with and retain a copy of a written notice signed by an employee of the day and temporary labor agency and specifying the date, time, and location the applicant requested employment. Provides that at the time of annual registration, the day and temporary labor service agency shall submit to the Department of Labor, on a form created by the Department, a report containing the information required by the new provisions, grouped by branch office, in the aggregate for all day or temporary laborers assigned within this State in the prior year. Provides that in the case of a health and safety or notice violation, a private right of action exists for compensatory damages and an amount between $50 and $500 for each violation (instead of "up to $500 for the violation"). Makes corresponding changes.



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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, 12, and 95 as follows:

6 (820 ILCS 175/2)

7 Sec. 2. Legislative Findings. 
The General Assembly finds 
8as follows:
9 Over 300,000 workers work as day or temporary laborers in 
10Illinois.
11 Approximately 150 day labor and temporary labor service 
12agencies with nearly 600 branch offices are licensed throughout 
13Illinois. In addition, there is a large, though unknown, number 
14of unlicensed day labor and temporary labor service agencies 
15that operate outside the radar of law enforcement.
16 Recent studies and a survey of low-wage day or temporary 
17laborers themselves finds that as a group, they are 
18particularly vulnerable to abuse of their labor rights, 
19including unpaid wages, failure to pay for all hours worked, 
20minimum wage and overtime violations, and unlawful deduction 
21from pay for meals, transportation, equipment and other items, 
22and discriminatory practices.
23 Current law is inadequate to protect the labor and 
 
 
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1employment rights of these workers.
2 At the same time, in Illinois and in other states, 
3democratically run nonprofit day labor centers, which charge no 
4fee for their services, have been established to provide an 
5alternative for day or temporary laborers to solicit work on 
6street corners. These centers are not subject to this Act.

7(Source: P.A. 94-511, eff. 1-1-06.)




8 (820 ILCS 175/5)



9 Sec. 5. Definitions. As used in this Act:

10 "Day or temporary laborer" means a natural person who 
11contracts
for employment
with a day and temporary labor service 
12agency.

13 "Day or temporary labor applicant" means a natural person 
14who requests a job assignment through a day and temporary labor 
15service agency, whether in person, verbally, in writing, or 
16through an online application process. 
17 "Day and temporary labor" means work performed by a day or 
18temporary laborer at a third party client, the duration of 
19which may be specific or undefined, pursuant to a contract or 
20understanding between the day and temporary labor service 
21agency and the third party client.
"Day and temporary labor" 
22does not include labor or employment of
a professional or

23clerical nature.

24 "Day and temporary labor service agency" means any person 
25or
entity engaged in
the business of employing day or temporary 
 
 
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1laborers to provide
services, for a fee, to or for any
third 
2party client pursuant to a contract with the day and temporary

3labor service agency and
the third party client.

4 "Department" means the Department of Labor.

5 "Third party client" means any person that contracts with a

6day and temporary labor
service agency for obtaining day or 
7temporary laborers.

8 "Person" means every natural person, firm, partnership, 
9co-partnership, limited liability company, corporation, 
10association, business trust, or other legal entity, or its 
11legal representatives, agents, or assigns.

12(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)


13 (820 ILCS 175/12)

14 Sec. 12. Recordkeeping.
15 (a) Whenever a day and temporary labor service agency sends 
16one or more persons to work as day or temporary laborers, the 
17day and temporary labor service agency shall keep the following 
18records 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 day or temporary laborer: the name and 
24 address, the specific location sent to work, the type of 
25 work performed, the number of hours worked, the hourly rate 
 
 
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1 of pay and the date sent. The term "hours worked" has the 
2 meaning ascribed to that term in 56 Ill. Adm. Code 210.110 
3 and in accordance with all applicable rules or court 
4 interpretations under 56 Ill. Adm. Code 210.110. The third 
5 party client shall be required to remit all information 
6 required under this subsection to the day and temporary 
7 labor service agency no later than 7 days following the 
8 last day of the work week worked by the day or temporary 
9 laborer. Failure of a third party client to remit such 
10 information to a day and temporary labor service agency 
11 shall not be a defense to the recordkeeping requirement of 
12 this Section;
13  (3) the name and title of the individual or individuals 
14 at each third party client's place of business responsible 
15 for the transaction;
16  (4) any specific qualifications or attributes of a day 
17 or temporary laborer, requested by each third party client;
18  (5) copies of all contracts, if any, with the third 
19 party client and copies of all invoices for the third party 
20 client;
21  (6) copies of all employment notices provided in 
22 accordance with subsection (a) of Section 10;
23  (7) deductions to be made from each day or temporary 
24 laborer's compensation made by either the third party 
25 client or by the day and temporary labor service agency for 
26 the day or temporary laborer's transportation, food, 
 
 
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1 equipment, withheld income tax, withheld social security 
2 payments and every other deduction;
3  (8) verification of the actual cost of any equipment or 
4 meal charged to a day or temporary laborer;
5  (9) the race, ethnicity, and gender of each day or 
6 temporary laborer or applicant, as provided by the person 
7 who requests employment with or is contracted sent by the 
8 day and temporary labor service agency. The day and 
9 temporary labor service agency shall provide each day or 
10 temporary labor applicant with and retain a copy of a 
11 written notice signed by an employee of the day and 
12 temporary labor agency and specifying the date, time, and 
13 location the applicant requested employment , as provided 
14 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 
18maintain all records under this Section for a period of 3 years 
19from their creation. The records shall be open to inspection by 
20the Department during normal business hours. Records described 
21in paragraphs (1), (2), (3), (6), (7), and (8) of subsection 
22(a) shall be available for review or copying by that day or 
23temporary laborer during normal business hours within 5 days 
24following a written request. In addition, a day and temporary 
25labor service agency shall make records related to the number 
26of hours billed to a third party client for that individual day 
 
 
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1or temporary laborer's hours of work available for review or 
2copying during normal business hours within 5 days following a 
3written request. The day and temporary labor service agency 
4shall make forms, in duplicate, for such requests available to 
5day or temporary laborers at the dispatch office. The day or 
6temporary laborer shall be given a copy of the request form. At 
7the time of registration with the Department under Section 45 
8of this Act, the day and temporary labor service agency shall 
9submit to the Department, on a form created by the Department, 
10a report containing the information identified in paragraph (9) 
11of subsection (a) of this Section, grouped by branch office, in 
12the aggregate for all day or temporary laborers assigned within 
13this State in the prior year. It is a violation of this Section 
14to make any false, inaccurate or incomplete entry into any 
15record required by this Section, or to delete required 
16information from any such record. Failure by the third party 
17client to remit time records to the day and temporary labor 
18service agency as provided in paragraph (a)(2) shall constitute 
19a notice violation by a third party client under Section 95 of 
20this Act unless the third party client has been precluded from 
21submitting such time records for reasons beyond its control. A 
22failure by the third party client to provide time records in 
23accordance with this subsection (b) shall not be a notice 
24violation and shall not be the basis for a suit or other action 
25under Section 95 of this Act against the day and temporary 
26labor service agency.

 
 
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1(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)

2 (820 ILCS 175/95)

3 Sec. 95. Private Right of Action.
4 (a) A person aggrieved by a violation of this Act or any 
5rule adopted under this Act by a day and temporary labor 
6service agency or a third party client may file suit in circuit 
7court of Illinois, in the county where the alleged offense 
8occurred or where any day or temporary laborer who is party to 
9the action resides, without regard to exhaustion of any 
10alternative administrative remedies provided in this Act. A day 
11and temporary labor service agency aggrieved by a violation of 
12this Act or any rule adopted under this Act by a third party 
13client may file suit in circuit court of Illinois, in the 
14county where the alleged offense occurred or where the day and 
15temporary labor service agency which is party to the action is 
16located. Actions may be brought by one or more day or temporary 
17laborers for and on behalf of themselves and other day or 
18temporary laborers similarly situated. A day or temporary 
19laborer whose rights have been violated under this Act by a day 
20and temporary labor service agency or a third party client or a 
21day and temporary labor service agency whose rights have been 
22violated under this Act by a third party client is entitled to 
23collect:
24  (1) in the case of a wage and hour violation, the 
25 amount of any wages, salary, employment benefits, or other 
 
 
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1 compensation denied or lost to the day or temporary laborer 
2 or day and temporary labor service agency by reason of the 
3 violation, plus an equal amount in liquidated damages;
4  (2) in the case of a health and safety or notice 
5 violation, compensatory damages and an amount between $50 
6 and up to $500 for each the violation of each subpart of 
7 each Section;
8  (3) in the case of unlawful retaliation, all legal or 
9 equitable relief as may be appropriate; and
10  (4) attorney's fees and costs.
11 (b) The right of an aggrieved person to bring an action 
12under this Section terminates upon the passing of 3 years from 
13the final date of employment by the day and temporary labor 
14agency or the third party client or upon the passing of 3 years 
15from the date of termination of the contract between the day 
16and temporary labor service agency and the third party client. 
17This limitations period is tolled if a day labor employer has 
18deterred a day and temporary labor service agency or day or 
19temporary laborer's exercise of rights under this Act by 
20contacting or threatening to contact law enforcement agencies.

21(Source: P.A. 96-1185, eff. 7-22-10.)