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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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