Required Posting for Day and Temporary Labor Service Agencies

              Revised January 1, 2006
ILLINOIS DEPARTMENT OF LABOR
REQUIRED POSTING FOR DAY AND TEMPORARY
LABOR SERVICE AGENCIES
The Day and Temporary Labor Services Act (820 ILCS 175/1 et seq) provides for the regulation of day and temporary labor agencies, establishes
worker rights and protections, specifies the duties and responsibilities of day and temporary labor agencies and third party clients, sets forth
penalties and enforcement procedures for violations of the law and requires third party clients that contract with day or temporary labor agencies to
verify that they are registered with the Department of Labor or face monetary penalties. The following is a summary of the law, however the Act
contains additional information that may affect individual cases or claims. For more information on this Act and other laws we enforce, please visit
our website at: www.state.il.us/agency/idol.
Registration
Day and temporary labor agencies located in or transacting business in Illinois must register with the Illinois Department of Labor, provide proof of
required unemployment insurance contributions and valid workers’ compensation insurance and report any lapse in workers’ compensation
coverage to the Department. Registered agencies are listed on the Department’s website at: www.state.il.us/agency/idol/listings/dlagency.htm
Every agency must post in the public access area of each work location or branch office a notice provided by the Department of Labor summarizing
the provisions of this Act, along with the toll-free number for reporting violations and complaints. This notice shall be in English or any other
language generally understood in the locale of the agency. Agencies must also post in public access areas any other state or federally mandated
postings.
Required Notices to Employees
Day and temporary labor service agencies must provide workers with an employment notice at the time of dispatch, describing the terms and
conditions of their employment, including the nature of work to be performed, the wages to be paid, the name, address and location of where the
work will be performed, terms of transportation and whether meals or equipment will be provided and any costs associated with such meals and
equipment.
Day and temporary labor service agencies must also provide each worker with a wage notice at the time of payment that includes the name
address and telephone number of each third party client for whom work was performed; the number of hours worked by the laborer at each third
party client each day during the pay period; the rate of pay for all hours worked, including any premium or bonus pay; total earnings during the pay
period; and all deductions made for meals, equipment, income tax and social security withholdings and any other deductions.
For workers contracted to work a single day, third party clients must provide workers with a work verification form at the end of the work day that
contains the date, worker’s name, work location and hours worked that day.
A worker who is sent by the agency to a third party client, but is then not utilized by that client must be paid a minimum of four hours of pay at the
agreed upon rate by the day and temporary labor agency. However, if that worker is given work during the same shift at another location, he or she
shall be paid for two hours of pay at the agreed upon rate of pay (in addition to the pay for hours worked during that shift).
Wages and Deductions
The wages paid to day laborers must be in compliance with all state and federal laws, including minimum wage and overtime laws and the total
amount deducted for meals and equipment may not cause a worker’s hourly wage to fall below the state or federal minimum wage. Agencies
cannot make deductions from a worker’s paycheck unless the worker approves the deductions in writing on a form approved by the Department and
agencies may not charge workers for cashing paychecks issued by their agency.
Recordkeeping Requirements
Day and temporary labor service agencies must keep and maintain for a period of three years detailed records relating to every day laborer’s work
and these records must be open to inspection by the Department of Labor during normal business hours. In addition, records relating to an
individual worker and any hours billed to third party clients for his or her labor must be available for review or copying by the worker within 5 days
following a written request.
Transportation
Day and temporary labor agencies, third party clients (and their contractors or agents) are prohibited from charging workers for transportation
between the agency and the designated worksite. Agencies, third party clients (and their contractors or agents) are responsible for the conduct and
performance of persons providing transportation and drivers must have a valid and appropriate motor vehicle license, proof of financial responsibility
as well as seats and safety belts for every passenger. Any violations of these requirements discovered by the Department shall be forwarded to
appropriate law enforcement or regulatory agencies.
Placement Fee Restrictions
Day and temporary labor agencies cannot restrict the right of a laborer to accept a permanent position with a third party client to whom they have
been referred for work. They also cannot restrict the right of third party clients to offer employment to a day and temporary laborer, however day
and temporary labor agencies may charge limited placement fees to third party clients who offer employment to day laborers.
Worker Retaliation Prohibited/Private Right of Action
Day and temporary labor agencies and third party clients are prohibited from retaliating against workers for exercising their rights, including making
a complaint, testifying or participating in an investigation under this Act. Any retaliation taken against a worker in violation of this Act shall be
subject to civil penalties or a private cause of action. In addition to administrative remedies available through the Illinois Department of Labor, a
person aggrieved by any violation of this Act may file suit in Illinois circuit court.
To report violations or make a complaint,
call our toll-free hotline at:
1-877-314-7052
Printed by the Authority of the State of Illinois W.O. 120905 1000 copies 12/05