Rep. Carol Ammons
Filed: 3/9/2017
 
 


 




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1
AMENDMENT TO HOUSE BILL 690 




2 AMENDMENT NO. ______. Amend House Bill 690 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Day and Temporary Labor Services Act is 
5amended by changing Sections 2, 5, 10, 12, 20, 30, 40, 45, 85, 
690, and 95 as follows:

7 (820 ILCS 175/2)

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

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




16 (820 ILCS 175/5)



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

18 "Day or temporary laborer" means an individual a natural 
19person who contracts
for employment
with a day and temporary 
20labor service agency.

21 "Day and temporary labor" means work performed by a day or 
22temporary laborer at a third party client, the duration of 
23which may be specific or undefined, pursuant to a contract or 
24understanding between the day and temporary labor service 
25agency and the third party client.
"Day and temporary labor" 
 
 
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1does not include labor or employment of
a professional or

2clerical nature.

3 "Day and temporary labor service agency" means any person 
4or
entity engaged in
the business of employing day or temporary 
5laborers to provide
services, for a fee, to or for any
third 
6party client pursuant to a contract with the day and temporary

7labor service agency and
the third party client.

8 "Department" means the Department of Labor.

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

10day and temporary labor
service agency for obtaining day or 
11temporary laborers.

12 "Person" means every natural person, firm, partnership, 
13co-partnership, limited liability company, corporation, 
14association, business trust, or other legal entity, or its 
15legal representatives, agents, or assigns.

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





17 (820 ILCS 175/10)



18 Sec. 10. Employment Notice. 

19 (a) Whenever a day and temporary labor service agency 
20agrees
to send one or more persons to work as day or temporary 
21laborers,
the day and temporary labor service
agency shall 
22provide to each day or temporary laborer, at the time of 
23dispatch, a
statement containing the following items on a form 
24approved by the Department:
25  (1) the name of the day or temporary laborer;
 
 
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1  (2) the name and nature of the work to be
performed;
2  (3) the
wages
offered;
3  (4) the name and address of the destination of each day 
4 or temporary laborer;
5  (5) terms of transportation;
and
6  (6) whether a meal or equipment, or both, are provided, 
7 either by the
day and temporary labor service
agency or the 
8 third party client, and the cost of the meal and equipment, 
9 if any;
10  (7) for multi-day assignments, the schedule; and
11  (8) the length of the assignment.
12 In the event of a change in the schedule, shift, or 
13location of an assignment for a multi-day assignment of a day 
14or temporary laborer, the day and temporary labor service 
15agency shall provide written notice of such change not less 
16than 48 hours in advance to the day or temporary laborer, where 
17possible. The day and temporary labor service agency shall bear 
18the burden of showing it was not possible to provide such 
19notice where required.

20 If a day or temporary laborer is assigned to the same 
21assignment for more than one day, the day and temporary labor 
22service agency is required to provide the employment notice 
23only on the first day of the assignment and on any day that any 
24of the terms listed on the employment notice are changed.

25 If the day or temporary laborer is not placed with a third 
26party client or otherwise contracted to work for that day, the 
 
 
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1day and temporary labor service agency shall, upon request, 
2provide the day and temporary laborer with a confirmation that 
3the day or temporary laborer sought work, signed by an employee 
4of the day and temporary labor service agency, which shall 
5include the name of the agency, the name and address of the day 
6or temporary laborer, and the date and the time that the day or 
7temporary laborer receives the confirmation.

8 (b) No day and temporary labor service agency may send any

9day or temporary laborer to any place
where a strike, a 
10lockout, or other labor trouble exists.

11 (c) The
Department shall recommend to day and temporary 
12labor service
agencies that those agencies
employ personnel who 
13can effectively
communicate information required in 
14subsections (a) and (b) to day or
temporary laborers in

15Spanish, Polish, or any other language that is generally 
16understood in the locale of
the day and temporary labor service 
17agency.

18(Source: P.A. 99-78, eff. 7-20-15.)


19 (820 ILCS 175/12)

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

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




21 (820 ILCS 175/20)



22 Sec. 20. Transportation. 
23 (a) A day and temporary labor service
agency or a third

24party client or a contractor or agent of either shall charge no 
25fee to transport a
day or temporary
laborer to or from the 
 
 
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1designated work site.
2 (b) A day and temporary labor service agency is responsible 
3for the conduct and performance of any person who transports a 
4day or temporary laborer from the agency to a work site, unless 
5the transporter is: (1) a public mass transportation system as 
6defined in Section 2 of the Local Mass Transit District Act; 
7(2) a common carrier; (3) the day or temporary laborer 
8providing his or her own transportation; or (4) selected 
9exclusively by and at the sole choice of the day or temporary 
10laborer for transportation in a vehicle not owned or operated 
11by the day and temporary labor service agency. If any day and 
12temporary labor service agency provides transportation to a day 
13or temporary laborer or refers a day or temporary laborer as 
14provided in subsection (c), the day and temporary labor service 
15agency may not allow a motor vehicle to be used for the 
16transporting of day or temporary laborers if the agency knows 
17or should know that the motor vehicle used for the 
18transportation of day or temporary laborers is unsafe or not 
19equipped as required by this Act or by any rule adopted under 
20this Act, unless the vehicle is: (1) the property of a public 
21mass transportation system as defined in Section 2 of the Local 
22Mass Transit District Act; (2) the property of a common 
23carrier; (3) the day or temporary laborer's personal vehicle; 
24or (4) a vehicle of a day or temporary laborer used to carpool 
25other day or temporary laborers and which is selected 
26exclusively by and at the sole choice of the day or temporary 
 
 
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1laborer for transportation.
2 (c) A day and temporary labor service agency may not refer 
3a day or temporary laborer to any person for transportation to 
4a work site unless that person is (1) a public mass 
5transportation system as defined in Section 2 of the Local Mass 
6Transit District Act or (2) providing the transportation at no 
7fee. Directing the day or temporary laborer to accept a 
8specific car pool as a condition of work shall be considered a 
9referral by the day and temporary labor service agency. Any 
10mention or discussion of the cost of a car pool shall be 
11considered a referral by the agency. Informing a day or 
12temporary laborer of the availability of a car pool driven by 
13another day or temporary laborer shall not be considered a 
14referral by the agency.
15 (d) Any
motor vehicle that is owned or operated by the day

16and temporary labor service agency or a
third party client, or 
17a contractor or agent of either, or to which a day and 
18temporary labor service agency refers a day or temporary 
19laborer, which is used for the
transportation of day or 
20temporary laborers shall have proof of
financial 
21responsibility as
provided for in Chapter 8 of the Illinois 
22Vehicle Code or as required by Department rules. The driver of 
23the vehicle shall hold a valid license to operate motor 
24vehicles in the correct classification and shall be required to 
25produce the license immediately upon demand by the Department, 
26its inspectors or deputies, or any other person authorized to 
 
 
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1enforce this Act. The Department shall forward a violation of 
2this subsection to the appropriate law enforcement authorities 
3or regulatory agencies, whichever is applicable.

4 (e) No motor vehicle that is owned or operated by the day 
5and temporary labor service agency or a third party client, or 
6a contractor or agent of either, or to which a day and 
7temporary labor service agency refers a day or temporary 
8laborer, which is used for the transportation of day or 
9temporary laborers may be operated if it does not have a seat 
10and a safety belt for each passenger. The Department shall 
11forward a violation of this subsection to the appropriate law 
12enforcement authorities or regulatory agencies, whichever is 
13applicable.

14 (f) If the day or temporary laborer is provided 
15transportation from the point of application to the worksite by 
16the hiring labor service agency operating pursuant to this Act, 
17the day or temporary laborer shall also be provided 
18transportation back to the point of application, unless the day 
19or temporary laborer advises or agrees prior to leaving for the 
20place of employment to obtain alternative transportation after 
21the work shift is completed.
22(Source: P.A. 94-511, eff. 1-1-06.)





23 (820 ILCS 175/30)



24 Sec. 30. Wage Payment and Notice. 


25 (a) At the time of
payment of wages, a day and temporary

 
 
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1labor service agency
shall provide each day or temporary 
2laborer with a detailed
itemized
statement, on the day or 
3temporary laborer's paycheck stub or on a form approved by the 
4Department, listing the following:
5  (1) the name, address, and telephone number of each 
6 third party client at which the day or temporary laborer 
7 worked. If this information is provided on the day or 
8 temporary laborer's paycheck stub, a code for each third 
9 party client may be used so long as the required 
10 information for each coded third party client is made 
11 available to the day or temporary laborer;
12  (2) the number of hours worked by the day or temporary 
13 laborer at each third party client each day during the pay 
14 period. If the day or temporary laborer is assigned to work 
15 at the same work site of the same third party client for 
16 multiple days in the same work week, the day and temporary 
17 labor service agency may record a summary of hours worked 
18 at that third party client's worksite so long as the first 
19 and last day of that work week are identified as well. The 
20 term "hours worked" has the meaning ascribed to that term 
21 in 56 Ill. Adm. Code 210.110 and in accordance with all 
22 applicable rules or court interpretations under 56 Ill. 
23 Adm. Code 210.110;
24  (3) the rate of payment for each hour worked, including 
25 any premium rate or bonus;
26  (4) the total pay period earnings;
 
 
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1  (5) all deductions made from the day or temporary 
2 laborer's compensation made either by the third party 
3 client or by the day and temporary labor service agency, 
4 and the purpose for which deductions were made, including 
5 for the day or temporary laborer's transportation, food, 
6 equipment, withheld income tax, withheld social security 
7 payments, and every other deduction; and
8  (5.5) the current maximum amount of a placement fee 
9 which the day and temporary labor service agency may charge 
10 to a third party client to directly hire the day or 
11 temporary laborer pursuant to subsection (a) of Section 40; 
12 and
13  (6) any additional information required by rules 
14 issued by the Department.

15 (a-1) For each day or temporary laborer who is contracted 
16to work a single day, the third party client shall, at the end 
17of the work day, provide such day or temporary laborer with a 
18Work Verification Form, approved by the Department, which shall 
19contain the date, the day or temporary laborer's name, the work 
20location, and the hours worked on that day. Any third party 
21client who violates this subsection (a-1) may be subject to a 
22civil penalty not to exceed $500 for each violation found by 
23the Department. Such civil penalty may increase to $2,500 for a 
24second or subsequent violation. For purposes of this subsection 
25(a-1), each violation of this subsection (a-1) for each day or 
26temporary laborer and for each day the violation continues 
 
 
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1shall constitute a separate and distinct violation.

2 (b) A day and temporary labor service agency shall provide 
3each
worker an annual
earnings summary within a reasonable time 
4after the preceding calendar
year, but in no case later than 
5February 1. A day and temporary
labor service agency shall,
at 
6the time of each wage payment, give notice to day or temporary 
7laborers
of the
availability of the annual earnings summary or 
8post such a notice in a
conspicuous place in the public 
9reception area.

10 (c) At the request of a day or temporary
laborer, a day and 
11temporary labor service agency shall
hold the daily wages of 
12the day or temporary laborer and make
either weekly, bi-weekly, 
13or semi-monthly
payments. The wages shall be paid in a single 
14check, or, at the day or temporary laborer's sole option, by 
15direct deposit or other manner approved by the Department, 
16representing
the wages earned during the period, either weekly, 
17bi-weekly, or semi-monthly,
designated by the day or temporary 
18laborer in accordance with the
Illinois Wage Payment
and 
19Collection Act. Vouchers or any other method of payment which 
20is not generally negotiable shall be prohibited as a method of 
21payment of wages. Day and temporary labor service agencies that

22make daily wage
payments shall provide written notification to 
23all day or temporary
laborers of the right to
request weekly, 
24bi-weekly, or semi-monthly checks. The day and temporary
labor 
25service agency may
provide this notice by conspicuously posting 
26the notice at the location
where the wages are received by the 
 
 
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1day or temporary laborers.

2 (d) No day and temporary labor service agency shall charge 
3any
day or temporary laborer for
cashing a check issued by the 
4agency for wages earned by a
day or temporary laborer who

5performed work through that agency. No day and temporary labor 
6service agency or third party client shall charge any day or 
7temporary laborer for the expense of conducting any consumer 
8report, as that term is defined in the Fair Credit Reporting 
9Act, 15 U.S.C. 1681a(d), any criminal background check of any 
10kind, or any drug test of any kind.

11 (e) Day or temporary laborers shall be paid no less than 
12the
wage rate stated in the
notice as provided in Section 10 of 
13this Act for all the work performed on
behalf of the third 
14party client in addition to the work listed in the
written 
15description.

16 (f) The total amount deducted for meals, equipment, and 
17transportation may not cause a day or temporary laborer's 
18hourly wage to fall below the State or federal minimum wage. 
19However, a day and temporary labor service agency may deduct 
20the actual market value of reusable equipment provided to the 
21day or temporary laborer by the day and temporary labor service 
22agency which the day or temporary laborer fails to return, if 
23the day or temporary laborer provides a written authorization 
24for such deduction at the time the deduction is made.
25 (g) A day or temporary laborer who is contracted by a day 
26and temporary labor service agency to work at a third party 
 
 
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1client's worksite but is not utilized by the third party client 
2shall be paid by the day and temporary labor service agency for 
3a minimum of 4 hours of pay at the agreed upon rate of pay. 
4However, in the event the day and temporary labor service 
5agency contracts the day or temporary laborer to work at 
6another location during the same shift, the day or temporary 
7laborer shall be paid by the day and temporary labor service 
8agency for a minimum of 2 hours of pay at the agreed upon rate 
9of pay.

10 (h) A third party client is required to pay wages and 
11related payroll taxes to a licensed day and temporary labor 
12service agency for services performed by the day or temporary 
13laborer for the third party client according to payment terms 
14outlined on invoices, service agreements, or stated terms 
15provided by the day and temporary labor service agency. A third 
16party client who fails to comply with this subsection (h) is 
17subject to the penalties provided in Section 70 of this Act. 
18The Department shall review a complaint filed by a licensed day 
19and temporary labor agency. The Department shall review the 
20payroll and accounting records of the day and temporary labor 
21service agency and the third party client for the period in 
22which the violation of this Act is alleged to have occurred to 
23determine if wages and payroll taxes have been paid to the 
24agency and that the day or temporary laborer has been paid the 
25wages owed him or her. 
26(Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)





 
 
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1 (820 ILCS 175/40)



2 Sec. 40. Work Restriction, Placement Reporting, Health and 
3Safety Training, and Equivalent Pay and Benefits.
4 (a) No day and temporary labor service
agency shall

5restrict the right of a day or temporary laborer to accept a

6permanent position with a third
party client to whom the day or 
7temporary laborer has been
referred for
work or restrict the 
8right of such third party client to offer such
employment to a 
9day or temporary laborer. A day and temporary labor service 
10agency may charge a placement fee to a third party client for 
11employing a day or temporary laborer for whom a contract for 
12work was effected by the day and temporary labor service agency 
13not to exceed the equivalent of the total daily commission rate 
14the day and temporary labor service agency would have received 
15over a 60-day period, reduced by the equivalent of the daily 
16commission rate the day and temporary labor service agency 
17would have received for each day the day or temporary laborer 
18has performed work for the day and temporary labor service 
19agency in the preceding 12 months. Days worked at a day and 
20temporary labor service agency in the 12 months preceding the 
21effective date of this amendatory Act of the 94th General 
22Assembly
shall be included for purposes of calculating the 
23maximum placement fee described in this Section. However, 
24placement of a day or temporary laborer who is contracted by a 
25day and temporary labor service agency to provide skilled labor 
 
 
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1shall not be subject to any placement fee cap. For purposes of 
2this Section, a day or temporary laborer who performs "skilled 
3labor" shall apply only where the day and temporary labor 
4service agency performs an advanced application process, a 
5screening process, which may include processes such as advanced 
6testing, and a job interview. Any day and temporary labor 
7service agency which charges a placement fee to a third party 
8client for employing a day or temporary laborer must include on 
9the Wage Payment and Notice form of each affected day or 
10temporary laborer the maximum amount of a fee that may be 
11charged to a third party client by the day and temporary labor 
12service agency. Failure to provide such information shall 
13constitute a separate notice violation for each day the day and 
14temporary labor service agency fails to provide the required 
15information. No fee provided for under this Section may be 
16assessed or collected by the day and temporary labor service 
17agency when the day or temporary laborer is offered permanent 
18work following the suspension or revocation of the day and 
19temporary labor service agency's registration by the 
20Department.

21 (b) Each year, at the time of registration with the 
22Department as required by Section 45, each day and temporary 
23labor service agency shall submit to the Department, on a form 
24created by the Department, the number of day or temporary 
25laborers such agency has placed in a permanent position
with a 
26third party client in the preceding 12 months as well as the 
 
 
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1percentage such permanent placements represent of the total 
2number of day or temporary laborers contracted by the agency 
3during the same period. Each day a day and temporary labor 
4service agency fails to fully comply with the requirements of 
5this subsection shall constitute a separate notice violation.
6 (c) Any day or temporary laborer assigned to work at a 
7third party client shall not be paid less than the same average 
8rate of pay and equivalent benefits as a permanent employee of 
9the third party client performing the same or substantially 
10similar work on jobs the performance of which requires equal 
11skill, effort, and responsibility, and which are performed 
12under similar working conditions. Each violation of this 
13subsection for each affected day or temporary laborer shall 
14constitute a separate wage and hour violation.
15 (d) Any day and temporary labor service agency and third

16party client must comply with all applicable Occupational 
17Safety and Health Administration (OSHA) standards for all day 
18or temporary laborers including, but not limited to, 
19recordkeeping, safety and health training, powered industrial 
20trucks, bloodborne pathogens, hazard communications, personal 
21protective equipment, whistleblower rights, and recordkeeping. 
22Under OSHA, both third party clients and day and temporary 
23service agencies are joint employers of day or temporary 
24laborers, and are both responsible for providing and 
25maintaining a safe work environment for these laborers. To 
26ensure that OSHA standards are met for day or temporary 
 
 
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1laborers, third party clients and temporary and day labor 
2service agencies must implement the following actions laid out 
3by OSHA in its Temporary Worker Initiative:
4  (1) The day and temporary labor service agency and the 
5 third party client must set out their respective 
6 responsibilities for compliance with all relevant OSHA 
7 standards in their contract.
8  (2) The tasks the day or temporary laborer is expected 
9 to perform, and the safety and health responsibilities of 
10 each employer as stated in the day and temporary labor 
11 service agency-third party client contract should be 
12 communicated to the laborer before the laborer begins work 
13 at the job site.
14  (3) Day and temporary labor service agencies have a 
15 duty to inquire into the conditions of their laborers' 
16 assigned workplaces at third party clients. They must 
17 ensure that they are sending laborers to a safe workplaces.
18  (4) Ignorance of hazards is not an excuse.
19  (5) Day and temporary labor service agencies must 
20 determine what conditions exist at their third party 
21 clients, what hazards may be encountered, and how best to 
22 ensure protection for the day or temporary laborers.
23  (6) The day and temporary labor service agency has the 
24 duty to inquire and verify that the third party client has 
25 fulfilled its responsibilities for a safe workplace.
26  (7) Third party clients must provide day or temporary 
 
 
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1 laborers with the identical OSHA required safety training, 
2 protective equipment and other safeguards that are 
3 provided to the third party client's directly hired 
4 employees performing similar or the same work. 
5  (8) The key is communication between the day and 
6 temporary labor service agency and the third party client 
7 to ensure that the necessary protections are provided.
8  (9) The day and temporary labor service agencies need 
9 not become experts on specific workplace hazards, but must 
10 determine what conditions exist at their third party 
11 clients, what hazards may be encountered, and how best to 
12 ensure protection for the day or temporary laborers.
13  (10) The day and temporary labor service agency has the 
14 duty to inquire and verify that the host has fulfilled its 
15 responsibilities for a safe workplace.
16  (11) Just as important, third party clients must treat 
17 laborers like third party client's directly hired workers 
18 in terms of training and safety and health protections. 
19(Source: P.A. 94-511, eff. 1-1-06.)





20 (820 ILCS 175/45)



21 Sec. 45. Registration; Department of Labor. 
22 (a) A day and temporary
labor service
agency which is 
23located, operates or transacts business within this State shall 
24register with the Department of Labor in accordance with rules

25adopted by the Department for day and temporary labor service

 
 
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1agencies and shall be subject to this Act and any rules adopted 
2under this Act. Each day and temporary labor service agency 
3shall provide proof of an employer account number issued by the 
4Department of Employment Security for the payment of 
5unemployment insurance contributions as required under the 
6Unemployment Insurance Act, and proof of valid workers' 
7compensation insurance in effect at the time of registration 
8covering all of its employees. If, at any time, a day and 
9temporary labor service agency's workers' compensation 
10insurance coverage lapses, the agency shall have an affirmative 
11duty to report the lapse of such coverage to the Department and 
12the agency's registration shall be suspended until the agency's 
13workers' compensation insurance is reinstated. The Department 
14may assess each day and temporary labor service agency a 
15non-refundable
registration fee
not exceeding $2,000 $1,000 
16per year per agency and a non-refundable fee not to exceed $750 
17$250 for each branch office or other location where the agency 
18regularly contracts with day or temporary laborers for 
19services. The fee may be paid by check or money order
and the 
20Department may not refuse to accept a check on the basis that 
21it is
not a certified check or a cashier's check. The 
22Department may charge an
additional fee to be paid by a day and 
23temporary labor service agency if the agency, or any person on 
24the
agency's behalf, issues or delivers a check to the 
25Department that is not
honored by the financial institution 
26upon which it is drawn. The Department
shall also adopt rules

 
 
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1for violation
hearings and penalties for violations of this Act 
2or the Department's rules
in conjunction with the penalties set 
3forth in this Act.
4 (a-5) At the time of registration with the Department each 
5year, a day and temporary labor service agency shall provide 
6the Department with a report containing the information 
7identified in paragraph (9) of subsection (a) of Section 12, 
8broken down by branch office, in the aggregate for all day or 
9temporary laborers assigned within Illinois in the prior year 
10to be submitted on a form created by the Department.
11 (b) It is a violation of this Act to operate a day and 
12temporary labor service agency without first registering with 
13the Department in accordance with subsection (a) of this 
14Section. The Department shall create and maintain at regular 
15intervals on its website, accessible to the public: (1) a list 
16of all registered day and temporary labor service agencies in 
17the State whose registration is in good standing; (2) a list of 
18day and temporary labor service agencies in the State whose 
19registration has been suspended, including the reason for the 
20suspension, the date the suspension was initiated, and the 
21date, if known, the suspension is to be lifted; and (3) a list 
22of day and temporary labor service agencies in the State whose 
23registration has been revoked, including the reason for the 
24revocation and the date the registration was revoked. The 
25Department has the authority to assess a penalty against any 
26day and temporary labor service agency that fails to register 
 
 
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1with the Department of Labor in accordance with this Act or any 
2rules adopted under this Act of $500 for each violation. Each 
3day during which a day and temporary labor service agency 
4operates without registering with the Department shall be a 
5separate and distinct violation of this Act.
6 (b-5) No day and temporary labor service agency may 
7register without obtaining a surety bond issued by a surety 
8company admitted to do business in this State. The principal 
9sum of the bond shall not be less than $150,000. A copy of the 
10bond shall be filed with the Department.
11 The bond required by this Section shall be in favor of, and 
12payable to, the people of the State of Illinois, and shall be 
13for the benefit of any employee damaged by his or her 
14employer's failure
to pay wages, interest on wages, or fringe 
15benefits, or damaged by violation of this Section.
16 Thirty days prior to the cancellation or termination of
any

17surety bond required by this Section, the surety shall send 
18written notice to both the employer and the Department 
19identifying the bond and the date of the cancellation or 
20termination.
21 An employer shall not conduct any business until the 
22employer
obtains a new surety bond and files a copy of it with 
23the Department.
24 This subsection does not apply to an employer covered by a 
25valid collective bargaining agreement, if the agreement 
26expressly provides for all of the following:
 
 
10000HB0690ham001- 25 -LRB100 00003 JLS 23276 a


1  (i) Wages.
2  (ii) Hours of work.
3  (iii) Working conditions.
4  (iv) An expeditious process to resolve disputes 
5 concerning nonpayment of wages.
6  (v) The employer has documented that a current workers' 
7 compensation insurance policy is in effect for the 
8 employees.
9  (vi) The employer is otherwise in compliance with all 
10 provisions of this Section.
11 (b-6) The principal executive officer of a day and 
12temporary labor service agency shall certify under oath at the 
13time of registration of the day and temporary labor service 
14agency each year on a form created by the Department that:
15  (1) the signing officer has reviewed the registration 
16 form of the day and temporary labor service agency and 
17 confirmed the information is true and accurate to the best 
18 of his or her knowledge;
19  (2) the signing officer has reviewed the recordkeeping 
20 practices of the day and temporary labor service agency and 
21 confirmed that the recordkeeping practices comply with the 
22 requirements of Section 12 to the best of his or her 
23 knowledge;
24  (3) the signing officer has reviewed the day and 
25 temporary labor service agency's filing as required by 
26 subsection (b) of Section 40 related to
the placement of 
 
 
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1 day or temporary laborers in permanent positions with third 
2 party clients and has confirmed that such practices comply 
3 with the requirements of Section 20 to the best of his or 
4 her knowledge;
5  (4) the signing officer has reviewed the day and 
6 temporary labor service agency's practices related to the 
7 transportation of day or temporary laborers and has 
8 confirmed that such practices comply with the requirements 
9 of Section 20 to the best of his or her knowledge;
10  (5) the signing officer has reviewed and is responsible 
11 for the surety bond posted by the agency and its renewals; 
12 and
13  (6) the signing officer:
14   (A) is responsible for establishing and 
15 maintaining internal controls to comply with the 
16 recordkeeping requirements; and
17   (B) has evaluated the effectiveness of the 
18 internal controls.
19 (c) An applicant is not eligible to register to operate a 
20day and temporary labor service agency under this Act if the 
21applicant or any of its officers, directors, partners, or 
22managers or any owner of 25% or greater beneficial interest:
23  (1) has been involved, as owner, officer, director, 
24 partner, or manager, of any day and temporary labor service 
25 agency whose registration has been revoked or has been 
26 suspended without being reinstated within the 5 years 
 
 
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1 immediately preceding the filing of the application; or
2  (2) is under the age of 18.
3 (d) Every agency shall post and keep posted at each 
4location, in a position easily accessible to all employees, 
5notices as supplied and required by the Department containing a 
6copy or summary of the provisions of the Act and
a notice which 
7informs
the public of a toll-free telephone number for day or 
8temporary laborers
and the public to
file wage dispute 
9complaints and other alleged violations by
day and temporary 
10labor service
agencies. Such notices shall be in English or any 
11other language generally understood in the locale of the day 
12and temporary labor service agency.


13 (e) No day and temporary labor service agency shall be 
14permitted to register to operate in Illinois until it has 
15complied with the requirements of this Section.
16(Source: P.A. 94-511, eff. 1-1-06.)





17 (820 ILCS 175/85)



18 Sec. 85. Third party clients. 
19 (a) It is a violation of this Act for a third party client 
20to enter into a contract for the employment of
day or temporary 
21laborers with any day and temporary labor service agency
not 
22registered under Section 45 of this Act.
A third party client 
23has a duty to verify a day and temporary labor service agency's 
24status with the Department before entering into a contract with 
25such an agency, and on March 1 and September 1 of each year. A 
 
 
10000HB0690ham001- 28 -LRB100 00003 JLS 23276 a


1day and temporary labor service agency shall be required to 
2provide each of its third party clients with proof of valid 
3registration issued by the Department at the time of entering 
4into a contract. A day and temporary labor service agency shall 
5be required to notify, both by telephone and in writing, each 
6day or temporary laborer it employs and each third party client 
7with whom it has a contract within 24 hours of any denial, 
8suspension, or revocation of its registration by the 
9Department. All contracts between any day and temporary labor 
10service agency and any third party client shall be considered 
11null and void from the date any such denial, suspension, or 
12revocation of registration becomes effective and until such 
13time as the day and temporary labor service agency becomes 
14registered and considered in good standing by the Department as 
15provided in Section 50 and Section 55. Upon request, the 
16Department shall provide to a third party client a list
of 
17entities registered as day and temporary labor service 
18agencies. The
Department shall
provide on the Internet a list 
19of entities registered as day and temporary
labor service 
20agencies. A third party client may rely on information provided 
21by the Department or maintained on the Department's website 
22pursuant to Section 45 of this Act and shall be held harmless 
23if such information maintained or provided by the Department 
24was inaccurate. Any third party client that violates this 
25provision of the Act is subject to a civil penalty not to 
26exceed $500. Each day during which a third party client 
 
 
10000HB0690ham001- 29 -LRB100 00003 JLS 23276 a


1contracts with a day and temporary labor service agency not 
2registered under Section 45 of this Act shall constitute a 
3separate and distinct offense.


4 (b) If a third party client leases or contracts with a day 
5and temporary service agency for the services of a day or 
6temporary laborer, the third party client shall share all legal 
7responsibility and liability for: (i) the payment of wages 
8under the Illinois Wage Payment and Collection Act and the 
9Minimum Wage Law and (ii) any obligation to pay the 4 hours' 
10minimum pay as required in subsection (g) of Section 30 or 
11obligation to pay statutory damages as provided in Section 95.
12(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)


13 (820 ILCS 175/90)

14 Sec. 90. Retaliation.
15 (a) Prohibition. It is a violation of this Act for a day 
16and temporary labor service agency or third party client, or 
17any agent of a day and temporary labor service agency or third 
18party client, to retaliate through discharge or in any other 
19manner against any day or temporary laborer for exercising any 
20rights granted under this Act. The termination or disciplinary 
21action by a day and temporary labor service agency against a 
22day or temporary laborer within 90 days of the person's 
23exercise of rights protected under this Act shall raise a 
24rebuttable presumption of having done so in retaliation for the 
25exercise of those rights. Such retaliation shall subject a day 
 
 
10000HB0690ham001- 30 -LRB100 00003 JLS 23276 a


1and temporary labor service agency or third party client, or 
2both, to civil penalties pursuant to this Act or a private 
3cause of action.
4 (b) Protected Acts from Retaliation. It is a violation of 
5this Act for a day and temporary labor service agency or third 
6party client to retaliate against a day or temporary laborer 
7for:
8  (1) making a complaint to a day and temporary labor 
9 service agency, to a third party client, to a co-worker, to 
10 a community organization, before a public hearing, or to a 
11 State or federal agency that rights guaranteed under this 
12 Act have been violated;
13  (2) causing to be instituted any proceeding under or 
14 related to this Act; or
15  (3) testifying or preparing to testify in an 
16 investigation or proceeding under this Act.

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

18 (820 ILCS 175/95)

19 Sec. 95. Private Right of Action.
20 (a) A person aggrieved by a violation of this Act or any 
21rule adopted under this Act by a day and temporary labor 
22service agency or a third party client may file suit in circuit 
23court of Illinois, in the county where the alleged offense 
24occurred or where any day or temporary laborer who is party to 
25the action resides, without regard to exhaustion of any 
 
 
10000HB0690ham001- 31 -LRB100 00003 JLS 23276 a


1alternative administrative remedies provided in this Act. A day 
2and temporary labor service agency aggrieved by a violation of 
3this Act or any rule adopted under this Act by a third party 
4client may file suit in circuit court of Illinois, in the 
5county where the alleged offense occurred or where the day and 
6temporary labor service agency which is party to the action is 
7located. Actions may be brought by one or more day or temporary 
8laborers for and on behalf of themselves and other day or 
9temporary laborers similarly situated. A day or temporary 
10laborer whose rights have been violated under this Act by a day 
11and temporary labor service agency or a third party client or a 
12day and temporary labor service agency whose rights have been 
13violated under this Act by a third party client is entitled to 
14collect:
15  (1) in the case of a wage and hour violation, the 
16 amount of any wages, salary, employment benefits, or other 
17 compensation denied or lost to the day or temporary laborer 
18 or day and temporary labor service agency by reason of the 
19 violation, plus an equal amount in liquidated damages;
20  (2) in the case of a health and safety or notice 
21 violation, compensatory damages and an amount between $50 
22 and up to $500 for each the violation of each subpart of 
23 each Section;
24  (3) in the case of any violation of subsection (a) of 
25 Section 40 relating to any unlawful restrictions by a day 
26 and temporary labor service agency on the right of a day or 
 
 
10000HB0690ham001- 32 -LRB100 00003 JLS 23276 a


1 temporary laborer to accept a permanent position with a 
2 third party client or the right of a third party client to 
3 offer such employment to a day or temporary laborer, $50 
4 for each day or temporary laborer affected by the day and 
5 temporary labor service agency's policy, practice, or 
6 agreement and for each day such policy, practice, or 
7 agreement is in effect, plus actual damages;
8  (4) (3) in the case of unlawful retaliation, the 
9 greater of all legal or equitable relief as may be 
10 appropriate or $10,000, at the selection of the aggrieved 
11 day or temporary laborer; and
12  (5) (4) attorney's fees and costs.
13 (b) The right of an aggrieved person to bring an action 
14under this Section terminates upon the passing of 3 years from 
15the final date of employment by the day and temporary labor 
16agency or the third party client or upon the passing of 3 years 
17from the date of termination of the contract between the day 
18and temporary labor service agency and the third party client. 
19This limitations period is tolled if a day labor employer has 
20deterred a day and temporary labor service agency or day or 
21temporary laborer's exercise of rights under this Act by 
22contacting or threatening to contact law enforcement agencies.

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