820 ILCS 175/1
Short Title
Short Title. This Act may be cited as the Day and Temporary Labor Services Act. (Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)
Illinois Compiled Statutes 820 ILCS 175 — Day and Temporary Labor Services Act.
Illinois · statute · 820 ILCS 175 · 31 active provisions
Provisions
820 ILCS 175/2
Legislative findings
Legislative findings. The General Assembly finds as follows: Since the passage of this Act, the number of workers who work as day or temporary laborers in Illinois has risen from approximately 300,000 to more than 650,000 according to data collected by the Department of Labor. Since the passage of this Act, the number…
820 ILCS 175/5
Definitions
Definitions. As used in this Act: "Applicant" means a natural person who seeks a work assignment at a day and temporary labor service agency. "Day or temporary laborer" means a natural person who contracts for employment with a day and temporary labor service agency. "Day and temporary labor" means work performed by a…
820 ILCS 175/10
Employment notice and application receipt
Employment notice and application receipt. (a) Employment notice. Whenever a day and temporary labor service agency agrees to send one or more persons to work as day or temporary laborers, the day and temporary labor service agency shall provide to each day or temporary laborer, at the time of dispatch, a statement con…
820 ILCS 175/11
Right to refuse assignment to a labor dispute
Right to refuse assignment to a labor dispute. (a) No day and temporary labor service agency may send a day or temporary laborer to a place where a strike, lockout, or work stoppage exists because of a labor dispute or where a picket, bannering, or handbilling exists because of a labor dispute without providing, at or…
820 ILCS 175/12
Recordkeeping
Recordkeeping. (a) Whenever a day and temporary labor service agency sends one or more persons to work as day or temporary laborers, the day and temporary labor service agency shall keep the following records relating to that transaction: (1) the name, address and telephone number of each third party client, including…
820 ILCS 175/15
Meals
Meals. A day and temporary labor service agency or a third party client shall not charge a day or temporary laborer for any meal not consumed by the day and temporary laborer and, if consumed, no more than the actual cost of a meal. In no case shall the purchase of a meal be a condition of employment for a day or tempo…
820 ILCS 175/20
Transportation
Transportation. (a) A day and temporary labor service agency or a third party client or a contractor or agent of either shall charge no fee to transport a day or temporary laborer to or from the designated work site. (b) A day and temporary labor service agency is responsible for the conduct and performance of any pers…
820 ILCS 175/25
Day or temporary laborer equipment
Day or temporary laborer equipment. For any safety equipment, clothing, accessories, or any other items required by the nature of the work, either by law, custom, or as a requirement of the third party client, the day and temporary labor service agency or the third party client may charge the day or temporary laborer t…
820 ILCS 175/30
Wage payment and notice
Wage payment and notice. (a) At the time of payment of wages, a day and temporary labor service agency shall provide each day or temporary laborer with a detailed itemized statement, on the day or temporary laborer's paycheck stub or on a form approved by the Department, listing the following: (1) the name, address, an…
820 ILCS 175/33
Permanent placement
Permanent placement. A day and temporary labor service shall attempt to place a current temporary laborer into a permanent position with a client when the client informs the agency of its plan to hire a permanent employee for a position like the positions for which employees are being provided by the agency at the same…
820 ILCS 175/35
Public Access Area
Public Access Area. Each day and temporary labor service agency shall provide adequate seating in the public access area of the offices of the agency. The public access area shall be the location for the notices required by Section 45 of this Act and any other State or federally mandated posting. The public access area…
820 ILCS 175/40
Work Restriction
Work Restriction. No day and temporary labor service agency shall restrict the right of a day or temporary laborer to accept a permanent position with a third party client to whom the day or temporary laborer has been referred for work or restrict the right of such third party client to offer such employment to a day o…
820 ILCS 175/42
Equal pay for equal work
Equal pay for equal work. (a) A day and temporary labor service agency shall pay a day or temporary laborer who is assigned to work and performs work at the same third party client for more than 720 hours within a 12-month period, beginning on or after April 1, 2024, in accordance with one of the following methods: (1)…
820 ILCS 175/43
Exception to equal pay requirements
Exception to equal pay requirements. The requirements set forth in Section 42 shall not apply to any company where the direct hire employees of the third party client performing the same or substantially similar work as the day or temporary laborers assigned to work at the third party client are covered by a valid coll…
820 ILCS 175/45
Registration; Department of Labor
Registration; Department of Labor. (a) A day and temporary labor service agency which is located, operates or transacts business within this State shall register with the Department of Labor in accordance with rules adopted by the Department for day and temporary labor service agencies and shall be subject to this Act…
820 ILCS 175/47
Location of a day and temporary labor service agency
Location of a day and temporary labor service agency. (a) In a municipality with more than 1,000,000 inhabitants, a day or temporary labor service agency may not operate or transact business at a location within 1,000 feet of: (i) a school building or a building in which a Boys and Girls Club is located; or (ii) real p…
820 ILCS 175/50
Violations
Violations. The Department shall have the authority to deny, suspend, or revoke the registration of a day and temporary labor service agency if warranted by public health and safety concerns or violations of this Act. The Attorney General, pursuant to its authority under Section 6.3 of the Attorney General Act, may req…
820 ILCS 175/55
Enforcement by the Department
Enforcement by the Department. It shall be the duty of the Department to enforce the provisions of this Act when, in the Department's judgment, there is cause and sufficient resources for investigation. The Department shall have the power to conduct investigations in connection with the administration and enforcement o…
820 ILCS 175/60
Review under Administrative Review Law
Review under Administrative Review Law. Any party to a proceeding under this Act may apply for and obtain judicial review of an order of the Department entered under this Act in accordance with the provisions of the Administrative Review Law, and the Department in proceedings under the Act may obtain an order from the…
820 ILCS 175/65
Contempt
Contempt. Whenever it appears that any day and temporary labor service agency has violated a valid order of the Department issued under this Act, the Director of Labor may commence an action and obtain from the court an order commanding the day and temporary labor service agency to obey the order of the Department or b…
820 ILCS 175/67
Action for civil penalties brought by an interested party
Action for civil penalties brought by an interested party. (a) Upon a reasonable belief that a day and temporary labor service agency or a third party client covered by this Act is in violation of any part of this Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or…
820 ILCS 175/70
Penalties
Penalties. (a) A day and temporary labor service agency or third party client that violates any of the provisions of this Act or any rule adopted under this Act shall be subject to a civil penalty of not less than $100 and not more than $18,000 for violations found in the first audit by the Department or determined by…
820 ILCS 175/75
Willful violations
Willful violations. (a) Whoever willfully violates any of the provisions of this Act or any rule adopted under this Act, or whoever obstructs the Department of Labor, its inspectors or deputies, or any other person authorized to inspect places of employment under this Act shall be liable for penalties up to double the…
820 ILCS 175/80
Child Labor and Day and Temporary Labor Services Enforcement Fund
Child Labor and Day and Temporary Labor Services Enforcement Fund. All moneys received as fees and civil penalties under this Act shall be deposited into the Child Labor and Day and Temporary Labor Services Enforcement Fund and may be used for the purposes set forth in Section 75 of the Child Labor Law of 2024.(Source:…
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