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1 | | (c) Applications, related documents, and medical |
2 | | records received by the Experimental Organ Transplantation |
3 | | Procedures Board and any and all documents or other records |
4 | | prepared by the Experimental Organ Transplantation |
5 | | Procedures Board or its staff relating to applications it |
6 | | has received. |
7 | | (d) Information and records held by the Department of |
8 | | Public Health and its authorized representatives relating |
9 | | to known or suspected cases of sexually transmissible |
10 | | disease or any information the disclosure of which is |
11 | | restricted under the Illinois Sexually Transmissible |
12 | | Disease Control Act. |
13 | | (e) Information the disclosure of which is exempted |
14 | | under Section 30 of the Radon Industry Licensing Act. |
15 | | (f) Firm performance evaluations under Section 55 of |
16 | | the Architectural, Engineering, and Land Surveying |
17 | | Qualifications Based Selection Act. |
18 | | (g) Information the disclosure of which is restricted |
19 | | and exempted under Section 50 of the Illinois Prepaid |
20 | | Tuition Act. |
21 | | (h) Information the disclosure of which is exempted |
22 | | under the State Officials and Employees Ethics Act, and |
23 | | records of any lawfully created State or local inspector |
24 | | general's office that would be exempt if created or |
25 | | obtained by an Executive Inspector General's office under |
26 | | that Act. |
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1 | | (i) Information contained in a local emergency energy |
2 | | plan submitted to a municipality in accordance with a local |
3 | | emergency energy plan ordinance that is adopted under |
4 | | Section 11-21.5-5 of the Illinois Municipal Code. |
5 | | (j) Information and data concerning the distribution |
6 | | of surcharge moneys collected and remitted by wireless |
7 | | carriers under the Wireless Emergency Telephone Safety |
8 | | Act. |
9 | | (k) Law enforcement officer identification information |
10 | | or driver identification information compiled by a law |
11 | | enforcement agency or the Department of Transportation |
12 | | under Section 11-212 of the Illinois Vehicle Code. |
13 | | (l) Records and information provided to a residential |
14 | | health care facility resident sexual assault and death |
15 | | review team or the Executive Council under the Abuse |
16 | | Prevention Review Team Act. |
17 | | (m) Information provided to the predatory lending |
18 | | database created pursuant to Article 3 of the Residential |
19 | | Real Property Disclosure Act, except to the extent |
20 | | authorized under that Article. |
21 | | (n) Defense budgets and petitions for certification of |
22 | | compensation and expenses for court appointed trial |
23 | | counsel as provided under Sections 10 and 15 of the Capital |
24 | | Crimes Litigation Act. This subsection (n) shall apply |
25 | | until the conclusion of the trial of the case, even if the |
26 | | prosecution chooses not to pursue the death penalty prior |
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1 | | to trial or sentencing. |
2 | | (o) Information that is prohibited from being |
3 | | disclosed under Section 4 of the Illinois Health and |
4 | | Hazardous Substances Registry Act. |
5 | | (p) Security portions of system safety program plans, |
6 | | investigation reports, surveys, schedules, lists, data, or |
7 | | information compiled, collected, or prepared by or for the |
8 | | Regional Transportation Authority under Section 2.11 of |
9 | | the Regional Transportation Authority Act or the St. Clair |
10 | | County Transit District under the Bi-State Transit Safety |
11 | | Act. |
12 | | (q) Information prohibited from being disclosed by the |
13 | | Personnel Records Review Act. |
14 | | (r) Information prohibited from being disclosed by the |
15 | | Illinois School Student Records Act. |
16 | | (s) Information the disclosure of which is restricted |
17 | | under Section 5-108 of the Public Utilities Act.
|
18 | | (t) All identified or deidentified health information |
19 | | in the form of health data or medical records contained in, |
20 | | stored in, submitted to, transferred by, or released from |
21 | | the Illinois Health Information Exchange, and identified |
22 | | or deidentified health information in the form of health |
23 | | data and medical records of the Illinois Health Information |
24 | | Exchange in the possession of the Illinois Health |
25 | | Information Exchange Authority due to its administration |
26 | | of the Illinois Health Information Exchange. The terms |
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1 | | "identified" and "deidentified" shall be given the same |
2 | | meaning as in the Health Insurance Portability and |
3 | | Accountability Act of 1996, Public Law 104-191, or any |
4 | | subsequent amendments thereto, and any regulations |
5 | | promulgated thereunder. |
6 | | (u) Records and information provided to an independent |
7 | | team of experts under Brian's Law. |
8 | | (v) Names and information of people who have applied |
9 | | for or received Firearm Owner's Identification Cards under |
10 | | the Firearm Owners Identification Card Act or applied for |
11 | | or received a concealed carry license under the Firearm |
12 | | Concealed Carry Act, unless otherwise authorized by the |
13 | | Firearm Concealed Carry Act; and databases under the |
14 | | Firearm Concealed Carry Act, records of the Concealed Carry |
15 | | Licensing Review Board under the Firearm Concealed Carry |
16 | | Act, and law enforcement agency objections under the |
17 | | Firearm Concealed Carry Act. |
18 | | (w) Personally identifiable information which is |
19 | | exempted from disclosure under subsection (g) of Section |
20 | | 19.1 of the Toll Highway Act. |
21 | | (x) Information which is exempted from disclosure |
22 | | under Section 5-1014.3 of the Counties Code or Section |
23 | | 8-11-21 of the Illinois Municipal Code. |
24 | | (y) Confidential information under the Adult |
25 | | Protective Services Act and its predecessor enabling |
26 | | statute, the Elder Abuse and Neglect Act, including |
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1 | | information about the identity and administrative finding |
2 | | against any caregiver of a verified and substantiated |
3 | | decision of abuse, neglect, or financial exploitation of an |
4 | | eligible adult maintained in the Registry established |
5 | | under Section 7.5 of the Adult Protective Services Act. |
6 | | (z) Records and information provided to a fatality |
7 | | review team or the Illinois Fatality Review Team Advisory |
8 | | Council under Section 15 of the Adult Protective Services |
9 | | Act. |
10 | | (aa) Information which is exempted from disclosure |
11 | | under Section 2.37 of the Wildlife Code. |
12 | | (bb) Information which is or was prohibited from |
13 | | disclosure by the Juvenile Court Act of 1987. |
14 | | (cc) Recordings made under the Law Enforcement |
15 | | Officer-Worn Body Camera Act, except to the extent |
16 | | authorized under that Act. |
17 | | (dd) Information that is prohibited from being |
18 | | disclosed under Section 45 of the Condominium and Common |
19 | | Interest Community Ombudsperson Act. |
20 | | (ee) (dd) Information that is exempted from disclosure |
21 | | under Section 30.1 of the Pharmacy Practice Act. |
22 | | (ff) Information and reports that are required to be |
23 | | submitted to the Department of Labor by registering day and |
24 | | temporary labor service agencies but are exempt from |
25 | | disclosure under subsection (a-1) of Section 45 of the Day |
26 | | and Temporary Labor Services Act. |
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1 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, |
2 | | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; |
3 | | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; |
4 | | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. |
5 | | 8-19-16; revised 9-1-16.)
|
6 | | Section 5. The Day and Temporary Labor Services Act is |
7 | | amended by changing Sections 10, 20, 30, and 45 and by adding |
8 | | Section 33 as follows:
|
9 | | (820 ILCS 175/10)
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10 | | Sec. 10. Employment Notice.
|
11 | | (a) Whenever a day and temporary labor service agency |
12 | | agrees
to send one or more persons to work as day or temporary |
13 | | laborers,
the day and temporary labor service
agency shall |
14 | | provide to each day or temporary laborer, at the time of |
15 | | dispatch, a
statement containing the following items on a form |
16 | | approved by the Department: |
17 | | (1) the name of the day or temporary laborer; |
18 | | (2) the name and nature of the work to be
performed and |
19 | | the types of equipment, protective clothing, and training |
20 | | that are required for the task ; |
21 | | (3) the
wages
offered; |
22 | | (4) the name and address of the destination of each day |
23 | | or temporary laborer; |
24 | | (5) terms of transportation;
and |
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1 | | (6) whether a meal or equipment, or both, are provided, |
2 | | either by the
day and temporary labor service
agency or the |
3 | | third party client, and the cost of the meal and equipment, |
4 | | if any.
|
5 | | If a day or temporary laborer is assigned to the same |
6 | | assignment for more than one day, the day and temporary labor |
7 | | service agency is required to provide the employment notice |
8 | | only on the first day of the assignment and on any day that any |
9 | | of the terms listed on the employment notice are changed.
|
10 | | If the day or temporary laborer is not placed with a third |
11 | | party client or otherwise contracted to work for that day, the |
12 | | day and temporary labor service agency shall, upon request, |
13 | | provide the day and temporary laborer with a confirmation that |
14 | | the day or temporary laborer sought work, signed by an employee |
15 | | of the day and temporary labor service agency, which shall |
16 | | include the name of the agency, the name and address of the day |
17 | | or temporary laborer, and the date and the time that the day or |
18 | | temporary laborer receives the confirmation.
|
19 | | (b) No day and temporary labor service agency may send any
|
20 | | day or temporary laborer to any place
where a strike, a |
21 | | lockout, or other labor trouble exists.
|
22 | | (c) The
Department shall recommend to day and temporary |
23 | | labor service
agencies that those agencies
employ personnel who |
24 | | can effectively
communicate information required in |
25 | | subsections (a) and (b) to day or
temporary laborers in
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26 | | Spanish, Polish, or any other language that is generally |
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1 | | understood in the locale of
the day and temporary labor service |
2 | | agency.
|
3 | | (Source: P.A. 99-78, eff. 7-20-15.)
|
4 | | (820 ILCS 175/20)
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5 | | Sec. 20. Transportation. |
6 | | (a) A day and temporary labor service
agency or a third
|
7 | | party client or a contractor or agent of either shall charge no |
8 | | fee to transport a
day or temporary
laborer to or from the |
9 | | designated work site. |
10 | | (b) A day and temporary labor service agency is responsible |
11 | | for the conduct and performance of any person who transports a |
12 | | day or temporary laborer from the agency to a work site, unless |
13 | | the transporter is: (1) a public mass transportation system as |
14 | | defined in Section 2 of the Local Mass Transit District Act; |
15 | | (2) a common carrier; (3) the day or temporary laborer |
16 | | providing his or her own transportation; or (4) selected |
17 | | exclusively by and at the sole choice of the day or temporary |
18 | | laborer for transportation in a vehicle not owned or operated |
19 | | by the day and temporary labor service agency. If any day and |
20 | | temporary labor service agency provides transportation to a day |
21 | | or temporary laborer or refers a day or temporary laborer as |
22 | | provided in subsection (c), the day and temporary labor service |
23 | | agency may not allow a motor vehicle to be used for the |
24 | | transporting of day or temporary laborers if the agency knows |
25 | | or should know that the motor vehicle used for the |
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1 | | transportation of day or temporary laborers is unsafe or not |
2 | | equipped as required by this Act or by any rule adopted under |
3 | | this Act, unless the vehicle is: (1) the property of a public |
4 | | mass transportation system as defined in Section 2 of the Local |
5 | | Mass Transit District Act; (2) the property of a common |
6 | | carrier; (3) the day or temporary laborer's personal vehicle; |
7 | | or (4) a vehicle of a day or temporary laborer used to carpool |
8 | | other day or temporary laborers and which is selected |
9 | | exclusively by and at the sole choice of the day or temporary |
10 | | laborer for transportation. |
11 | | (c) A day and temporary labor service agency may not refer |
12 | | a day or temporary laborer to any person for transportation to |
13 | | a work site unless that person is (1) a public mass |
14 | | transportation system as defined in Section 2 of the Local Mass |
15 | | Transit District Act or (2) providing the transportation at no |
16 | | fee. Directing the day or temporary laborer to accept a |
17 | | specific car pool as a condition of work shall be considered a |
18 | | referral by the day and temporary labor service agency. Any |
19 | | mention or discussion of the cost of a car pool shall be |
20 | | considered a referral by the agency. Informing a day or |
21 | | temporary laborer of the availability of a car pool driven by |
22 | | another day or temporary laborer shall not be considered a |
23 | | referral by the agency. |
24 | | (d) Any
motor vehicle that is owned or operated by the day
|
25 | | and temporary labor service agency or a
third party client, or |
26 | | a contractor or agent of either, or to which a day and |
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1 | | temporary labor service agency refers a day or temporary |
2 | | laborer, which is used for the
transportation of day or |
3 | | temporary laborers shall have proof of
financial |
4 | | responsibility as
provided for in Chapter 8 of the Illinois |
5 | | Vehicle Code or as required by Department rules. The driver of |
6 | | the vehicle shall hold a valid license to operate motor |
7 | | vehicles in the correct classification and shall be required to |
8 | | produce the license immediately upon demand by the Department, |
9 | | its inspectors or deputies, or any other person authorized to |
10 | | enforce this Act. The Department shall forward a violation of |
11 | | this subsection to the appropriate law enforcement authorities |
12 | | or regulatory agencies, whichever is applicable.
|
13 | | (e) No motor vehicle that is owned or operated by the day |
14 | | and temporary labor service agency or a third party client, or |
15 | | a contractor or agent of either, or to which a day and |
16 | | temporary labor service agency refers a day or temporary |
17 | | laborer, which is used for the transportation of day or |
18 | | temporary laborers may be operated if it does not have a seat |
19 | | and a safety belt for each passenger. The Department shall |
20 | | forward a violation of this subsection to the appropriate law |
21 | | enforcement authorities or regulatory agencies, whichever is |
22 | | applicable.
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23 | | (f) If the day or temporary laborer is provided |
24 | | transportation from the point of application to the worksite by |
25 | | the hiring labor service agency operating pursuant to this Act, |
26 | | the day or temporary laborer shall also be provided |
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1 | | transportation back to the point of application, unless the day |
2 | | or temporary laborer advises or agrees prior to leaving for the |
3 | | place of employment to obtain alternative transportation after |
4 | | the work shift is completed. |
5 | | (Source: P.A. 94-511, eff. 1-1-06.)
|
6 | | (820 ILCS 175/30)
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7 | | Sec. 30. Wage Payment and Notice.
|
8 | | (a) At the time of
payment of wages, a day and temporary
|
9 | | labor service agency
shall provide each day or temporary |
10 | | laborer with a detailed
itemized
statement, on the day or |
11 | | temporary laborer's paycheck stub or on a form approved by the |
12 | | Department, listing the following: |
13 | | (1) the name, address, and telephone number of each |
14 | | third party client at which the day or temporary laborer |
15 | | worked. If this information is provided on the day or |
16 | | temporary laborer's paycheck stub, a code for each third |
17 | | party client may be used so long as the required |
18 | | information for each coded third party client is made |
19 | | available to the day or temporary laborer; |
20 | | (2) the number of hours worked by the day or temporary |
21 | | laborer at each third party client each day during the pay |
22 | | period. If the day or temporary laborer is assigned to work |
23 | | at the same work site of the same third party client for |
24 | | multiple days in the same work week, the day and temporary |
25 | | labor service agency may record a summary of hours worked |
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1 | | at that third party client's worksite so long as the first |
2 | | and last day of that work week are identified as well. The |
3 | | term "hours worked" has the meaning ascribed to that term |
4 | | in 56 Ill. Adm. Code 210.110 and in accordance with all |
5 | | applicable rules or court interpretations under 56 Ill. |
6 | | Adm. Code 210.110; |
7 | | (3) the rate of payment for each hour worked, including |
8 | | any premium rate or bonus; |
9 | | (4) the total pay period earnings; |
10 | | (5) all deductions made from the day or temporary |
11 | | laborer's compensation made either by the third party |
12 | | client or by the day and temporary labor service agency, |
13 | | and the purpose for which deductions were made, including |
14 | | for the day or temporary laborer's transportation, food, |
15 | | equipment, withheld income tax, withheld social security |
16 | | payments, and every other deduction; and |
17 | | (6) any additional information required by rules |
18 | | issued by the Department.
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19 | | (a-1) For each day or temporary laborer who is contracted |
20 | | to work a single day, the third party client shall, at the end |
21 | | of the work day, provide such day or temporary laborer with a |
22 | | Work Verification Form, approved by the Department, which shall |
23 | | contain the date, the day or temporary laborer's name, the work |
24 | | location, and the hours worked on that day. Any third party |
25 | | client who violates this subsection (a-1) may be subject to a |
26 | | civil penalty not to exceed $500 for each violation found by |
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1 | | the Department. Such civil penalty may increase to $2,500 for a |
2 | | second or subsequent violation. For purposes of this subsection |
3 | | (a-1), each violation of this subsection (a-1) for each day or |
4 | | temporary laborer and for each day the violation continues |
5 | | shall constitute a separate and distinct violation.
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6 | | (b) A day and temporary labor service agency shall provide |
7 | | each
worker an annual
earnings summary within a reasonable time |
8 | | after the preceding calendar
year, but in no case later than |
9 | | February 1. A day and temporary
labor service agency shall,
at |
10 | | the time of each wage payment, give notice to day or temporary |
11 | | laborers
of the
availability of the annual earnings summary or |
12 | | post such a notice in a
conspicuous place in the public |
13 | | reception area.
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14 | | (c) At the request of a day or temporary
laborer, a day and |
15 | | temporary labor service agency shall
hold the daily wages of |
16 | | the day or temporary laborer and make
either weekly, bi-weekly, |
17 | | or semi-monthly
payments. The wages shall be paid in a single |
18 | | check, or, at the day or temporary laborer's sole option, by |
19 | | direct deposit or other manner approved by the Department, |
20 | | representing
the wages earned during the period, either weekly, |
21 | | bi-weekly, or semi-monthly,
designated by the day or temporary |
22 | | laborer in accordance with the
Illinois Wage Payment
and |
23 | | Collection Act. Vouchers or any other method of payment which |
24 | | is not generally negotiable shall be prohibited as a method of |
25 | | payment of wages. Day and temporary labor service agencies that
|
26 | | make daily wage
payments shall provide written notification to |
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1 | | all day or temporary
laborers of the right to
request weekly, |
2 | | bi-weekly, or semi-monthly checks. The day and temporary
labor |
3 | | service agency may
provide this notice by conspicuously posting |
4 | | the notice at the location
where the wages are received by the |
5 | | day or temporary laborers.
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6 | | (d) No day and temporary labor service agency shall charge |
7 | | any
day or temporary laborer for
cashing a check issued by the |
8 | | agency for wages earned by a
day or temporary laborer who
|
9 | | performed work through that agency. No day and temporary labor |
10 | | service agency or third party client shall charge any day or |
11 | | temporary laborer for the expense of conducting any consumer |
12 | | report, as that term is defined in the Fair Credit Reporting |
13 | | Act, 15 U.S.C. 1681a(d), any criminal background check of any |
14 | | kind, or any drug test of any kind.
|
15 | | (e) Day or temporary laborers shall be paid no less than |
16 | | the
wage rate stated in the
notice as provided in Section 10 of |
17 | | this Act for all the work performed on
behalf of the third |
18 | | party client in addition to the work listed in the
written |
19 | | description.
|
20 | | (f) The total amount deducted for meals, equipment, and |
21 | | transportation may not cause a day or temporary laborer's |
22 | | hourly wage to fall below the State or federal minimum wage. |
23 | | However, a day and temporary labor service agency may deduct |
24 | | the actual market value of reusable equipment provided to the |
25 | | day or temporary laborer by the day and temporary labor service |
26 | | agency which the day or temporary laborer fails to return, if |
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1 | | the day or temporary laborer provides a written authorization |
2 | | for such deduction at the time the deduction is made. |
3 | | (g) A day or temporary laborer who is contracted by a day |
4 | | and temporary labor service agency to work at a third party |
5 | | client's worksite but is not utilized by the third party client |
6 | | shall be paid by the day and temporary labor service agency for |
7 | | a minimum of 4 hours of pay at the agreed upon rate of pay. |
8 | | However, in the event the day and temporary labor service |
9 | | agency contracts the day or temporary laborer to work at |
10 | | another location during the same shift, the day or temporary |
11 | | laborer shall be paid by the day and temporary labor service |
12 | | agency for a minimum of 2 hours of pay at the agreed upon rate |
13 | | of pay.
|
14 | | (h) A third party client is required to pay wages and |
15 | | related payroll taxes to a licensed day and temporary labor |
16 | | service agency for services performed by the day or temporary |
17 | | laborer for the third party client according to payment terms |
18 | | outlined on invoices, service agreements, or stated terms |
19 | | provided by the day and temporary labor service agency. A third |
20 | | party client who fails to comply with this subsection (h) is |
21 | | subject to the penalties provided in Section 70 of this Act. |
22 | | The Department shall review a complaint filed by a licensed day |
23 | | and temporary labor agency. The Department shall review the |
24 | | payroll and accounting records of the day and temporary labor |
25 | | service agency and the third party client for the period in |
26 | | which the violation of this Act is alleged to have occurred to |
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1 | | determine if wages and payroll taxes have been paid to the |
2 | | agency and that the day or temporary laborer has been paid the |
3 | | wages owed him or her. |
4 | | (Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
|
5 | | (820 ILCS 175/33 new) |
6 | | Sec. 33. Permanent placement. A day and temporary labor |
7 | | service shall attempt to place a current temporary laborer into |
8 | | a permanent position with a client when the client informs the |
9 | | agency of its plan to hire a permanent employee for a position |
10 | | like the positions for which employees are being provided by |
11 | | the agency at the same work location.
|
12 | | (820 ILCS 175/45)
|
13 | | Sec. 45. Registration; Department of Labor. |
14 | | (a) A day and temporary
labor service
agency which is |
15 | | located, operates or transacts business within this State shall |
16 | | register with the Department of Labor in accordance with rules
|
17 | | adopted by the Department for day and temporary labor service
|
18 | | agencies and shall be subject to this Act and any rules adopted |
19 | | under this Act. Each day and temporary labor service agency |
20 | | shall provide proof of an employer account number issued by the |
21 | | Department of Employment Security for the payment of |
22 | | unemployment insurance contributions as required under the |
23 | | Unemployment Insurance Act, and proof of valid workers' |
24 | | compensation insurance in effect at the time of registration |
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1 | | covering all of its employees. If, at any time, a day and |
2 | | temporary labor service agency's workers' compensation |
3 | | insurance coverage lapses, the agency shall have an affirmative |
4 | | duty to report the lapse of such coverage to the Department and |
5 | | the agency's registration shall be suspended until the agency's |
6 | | workers' compensation insurance is reinstated. The Department |
7 | | may assess each day and temporary labor service agency a |
8 | | non-refundable
registration fee
not exceeding $1,000 per year |
9 | | per agency and a non-refundable fee not to exceed $250 for each |
10 | | branch office or other location where the agency regularly |
11 | | contracts with day or temporary laborers for services. The fee |
12 | | may be paid by check or money order
and the Department may not |
13 | | refuse to accept a check on the basis that it is
not a |
14 | | certified check or a cashier's check. The Department may charge |
15 | | an
additional fee to be paid by a day and temporary labor |
16 | | service agency if the agency, or any person on the
agency's |
17 | | behalf, issues or delivers a check to the Department that is |
18 | | not
honored by the financial institution upon which it is |
19 | | drawn. The Department
shall also adopt rules
for violation
|
20 | | hearings and penalties for violations of this Act or the |
21 | | Department's rules
in conjunction with the penalties set forth |
22 | | in this Act. |
23 | | (a-1) At the time of registration with the Department of |
24 | | Labor each year, the day and temporary labor service agency |
25 | | shall submit to the Department of Labor a report containing the |
26 | | information identified in paragraph (9) of subsection (a) of |
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1 | | Section 12, broken down by branch office, in the aggregate for |
2 | | all day or temporary laborers assigned within Illinois and |
3 | | subject to this Act during the preceding year. This information |
4 | | shall be submitted on a form created by the Department of |
5 | | Labor. The Department of Labor shall aggregate the information |
6 | | submitted by all registering day and temporary labor service |
7 | | agencies by removing identifying data and shall have the |
8 | | information available to the public only on a municipal and |
9 | | county basis. As used in this paragraph, "identifying data" |
10 | | means any and all information that: (i) provides specific |
11 | | information on individual worker identity; (ii) identifies the |
12 | | service agency in any manner; and (iii) identifies clients |
13 | | utilizing the day and temporary labor service agency or any |
14 | | other information that can be traced back to any specific |
15 | | registering day and temporary labor service agency or its |
16 | | client. The information and reports submitted to the Department |
17 | | of Labor under this subsection by the registering day and |
18 | | temporary labor service agencies are exempt from inspection and |
19 | | copying under Section 7.5 of the Freedom of Information Act. |
20 | | (b) It is a violation of this Act to operate a day and |
21 | | temporary labor service agency without first registering with |
22 | | the Department in accordance with subsection (a) of this |
23 | | Section. The Department shall create and maintain at regular |
24 | | intervals on its website, accessible to the public: (1) a list |
25 | | of all registered day and temporary labor service agencies in |
26 | | the State whose registration is in good standing; (2) a list of |
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1 | | day and temporary labor service agencies in the State whose |
2 | | registration has been suspended, including the reason for the |
3 | | suspension, the date the suspension was initiated, and the |
4 | | date, if known, the suspension is to be lifted; and (3) a list |
5 | | of day and temporary labor service agencies in the State whose |
6 | | registration has been revoked, including the reason for the |
7 | | revocation and the date the registration was revoked. The |
8 | | Department has the authority to assess a penalty against any |
9 | | day and temporary labor service agency that fails to register |
10 | | with the Department of Labor in accordance with this Act or any |
11 | | rules adopted under this Act of $500 for each violation. Each |
12 | | day during which a day and temporary labor service agency |
13 | | operates without registering with the Department shall be a |
14 | | separate and distinct violation of this Act. |
15 | | (c) An applicant is not eligible to register to operate a |
16 | | day and temporary labor service agency under this Act if the |
17 | | applicant or any of its officers, directors, partners, or |
18 | | managers or any owner of 25% or greater beneficial interest: |
19 | | (1) has been involved, as owner, officer, director, |
20 | | partner, or manager, of any day and temporary labor service |
21 | | agency whose registration has been revoked or has been |
22 | | suspended without being reinstated within the 5 years |
23 | | immediately preceding the filing of the application; or |
24 | | (2) is under the age of 18. |
25 | | (d) Every agency shall post and keep posted at each |
26 | | location, in a position easily accessible to all employees, |
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1 | | notices as supplied and required by the Department containing a |
2 | | copy or summary of the provisions of the Act and
a notice which |
3 | | informs
the public of a toll-free telephone number for day or |
4 | | temporary laborers
and the public to
file wage dispute |
5 | | complaints and other alleged violations by
day and temporary |
6 | | labor service
agencies. Such notices shall be in English or any |
7 | | other language generally understood in the locale of the day |
8 | | and temporary labor service agency.
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9 | | (Source: P.A. 94-511, eff. 1-1-06.)".
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