(820 ILCS 175/1)
Sec. 1. 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.)
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(820 ILCS 175/2)
Sec. 2. Legislative Findings. The
General Assembly finds as follows:
Over 300,000 workers work as day
or temporary laborers in Illinois.
Approximately 150 day labor and
temporary labor service agencies with nearly 600 branch offices
are licensed throughout Illinois.
In addition, there is a large, though unknown, number of unlicensed
day labor and temporary labor service agencies that operate outside
the radar of law enforcement.
Recent studies and a survey of
low-wage day or temporary laborers themselves finds that
as a group, they are particularly vulnerable to abuse of their
labor rights, including unpaid wages, failure to pay for all
hours worked, minimum wage and overtime violations, and unlawful
deduction from pay for meals, transportation, equipment and other
items.
Current law is inadequate to protect
the labor and employment rights of these workers.
At the same time, in Illinois and
in other states, democratically run nonprofit day labor centers,
which charge no fee for their services, have been established
to provide an alternative for day or temporary laborers to solicit
work on street corners. These centers are not subject to this
Act.
(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/5)
Sec. 5. Definitions. As used in
this Act:
"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
labor or employment that is occasional or irregular at which
a person is employed for not longer than the time period required
to complete the assignment for which the person was hired and
where wage payments are made directly or indirectly by the day
and temporary labor service agency or the third party client
for work undertaken by day or temporary laborers pursuant to
a contract between the day and temporary labor service agency
with the third party client. "Day and temporary labor" does
not include labor or employment of a professional or clerical
nature.
"Day and temporary labor service
agency" means any person or entity engaged in the business
of employing day or temporary laborers to provide services, for
a fee, to or for any third party client pursuant to a contract
with the day and temporary labor service and the third party
client.
"Department" means the
Department of Labor.
"Third party client" means
any person that contracts with a day and temporary labor service
agency for obtaining day or temporary laborers.
"Person" means every
natural person, firm, partnership, co-partnership, limited
liability company, corporation, association, business trust,
or other legal entity, or its legal representatives, agents,
or assigns.
(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/10)
Sec. 10. Employment Notice.
(a) 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 containing
the following items on a form approved by the Department:
(1) the
name of the day or temporary laborer;
(2) the
name and nature of the work to be performed;
(3) the
wages offered;
(4) the
name and address of the destination of each
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day or temporary laborer;
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(5)
terms of transportation; and
(6) whether
a meal or equipment, or both, provided,
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either by the day and temporary labor
service agency or the third party client, and
the cost of the meal and equipment, if any.
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If a day or temporary
laborer is assigned to the same assignment for more
than one day, the day and temporary labor service agency
is required to provide the employment notice only on
the first day of the assignment and on any day that
any of the terms listed on the employment notice are
changed.
If the day or temporary laborer
is not placed with a third party client or otherwise contracted
to work for that day, the day and temporary labor service agency
shall, upon request, provide the day and temporary laborer with
a confirmation that the day or temporary laborer sought work, signed
by an employee of the day and temporary labor service agency, which
shall include the name of the agency, the name and address of the
day or temporary laborer, and the date and the time that the day
or temporary laborer receives the confirmation.
(b) No day and temporary labor
service agency may send any day or temporary laborer to any place
where a strike, a lockout, or other labor trouble exists.
(c) The Department shall recommend
to day and temporary labor service agencies that those agencies
employ personnel who can effectively communicate information required
in subsections (a) and (b) to day or temporary laborers in Spanish,
Polish, or any other language that is generally understood in the
locale of the day and temporary labor service agency.
(Source: P.A. 93-375, eff. 1-1-04; 94-511,
eff. 1-1-06.)
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(820 ILCS 175/12)
Sec. 12. 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
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third party client, including each worksite,
to which day or temporary laborers were sent
by the agency and the date of the transaction;
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(2)
for each day or temporary laborer: the name and
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address, the specific location sent
to work, the type of work performed, the number
of hours worked, the hourly rate of pay and
the date sent;
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(3)
the name and title of the individual or
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individuals at each third party client's
place of business responsible for the transaction;
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(4)
any specific qualifications or attributes of a
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day or temporary laborer, requested
by each third party client;
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(5)
copies of all contracts, if any, with the third
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party client and copies of all invoices
for the third party client;
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(6)
copies of all employment notices provided in
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accordance with subsection (a) of Section
10;
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(7)
deductions to be made from each day or temporary
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laborer's compensation made by either
the third party client or by the day and temporary
labor service agency for the day or temporary
laborer's transportation, food, equipment,
withheld income tax, withheld social security
payments and every other deduction;
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(8)
verification of the actual cost of any equipment
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or meal charged to a day or temporary
laborer;
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(9)
the race and gender of each day or temporary
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laborer sent by the day and temporary
labor service agency, as provided by the day
or temporary laborer; and
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(10)
any additional information required by rules
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issued by the Department.
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(b) The day and
temporary labor service agency shall
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maintain all records under this Section
for a period of 3 years from their creation.
The records shall be open to inspection by
the Department during normal business hours.
Records described in paragraphs (1), (2), (3),
(6), (7), and (8) of subsection (a) shall be
available for review or copying by that day
or temporary laborer during normal business
hours within 5 days following a written request.
In addition, a day and temporary labor service
agency shall make records related to the number
of hours billed to a third party client for
that individual day or temporary laborer's
hours of work available for review or copying
during normal business hours within 5 days
following a written request. The day and temporary
labor service agency shall make forms, in duplicate,
for such requests available to day or temporary
laborers at the dispatch office. The day or
temporary laborer shall be given a copy of
the request form. It is a violation of this
Section to make any false, inaccurate or incomplete
entry into any record required by this Section,
or to delete required information from any
such record.
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(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/15)
Sec. 15. 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 temporary laborer.
(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/20)
Sec. 20. 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
person who transports a day or temporary laborer from the agency
to a work site, unless the transporter is: (1) a public mass
transportation system as defined in Section 2 of the Local Mass
Transit District Act; (2) a common carrier; (3) the day or temporary
laborer providing his or her own transportation; or (4) selected
exclusively by and at the sole choice of the day or temporary
laborer for transportation in a vehicle not owned or operated
by the day and temporary labor service agency. If any day and
temporary labor service agency provides transportation to a day
or temporary laborer or refers a day or temporary laborer as
provided in subsection (c), the day and temporary labor service
agency may not allow a motor vehicle to be used for the transporting
of day or temporary laborers if the agency knows or should know
that the motor vehicle used for the transportation of day or
temporary laborers is unsafe or not equipped as required by this
Act or by any rule adopted under this Act, unless the vehicle
is: (1) the property of a public mass transportation system as
defined in Section 2 of the Local Mass Transit District Act;
(2) the property of a common carrier; (3) the day or temporary
laborer's personal vehicle; or (4) a vehicle of a day or temporary
laborer used to carpool other day or temporary laborers and which
is selected exclusively by and at the sole choice of the day
or temporary laborer for transportation.
(c) A day and temporary labor service
agency may not refer a day or temporary laborer to any person
for transportation to a work site unless that person is (1) a
public mass transportation system as defined in Section 2 of
the Local Mass Transit District Act or (2) providing the transportation
at no fee. Directing the day or temporary laborer to accept a
specific car pool as a condition of work shall be considered
a referral by the day and temporary labor service agency. Any
mention or discussion of the cost of a car pool shall be considered
a referral by the agency. Informing a day or temporary laborer
of the availability of a car pool driven by another day or temporary
laborer shall not be considered a referral by the agency.
(d) Any motor vehicle that is owned
or operated by the day and temporary labor service agency or
a third party client, or a contractor or agent of either, or
to which a day and temporary labor service agency refers a day
or temporary laborer, which is used for the transportation of
day or temporary laborers shall have proof of financial responsibility
as provided for in Chapter 8 of the Illinois Vehicle Code or
as required by Department rules. The driver of the vehicle shall
hold a valid license to operate motor vehicles in the correct
classification and shall be required to produce the license immediately
upon demand by the Department, its inspectors or deputies, or
any other person authorized to enforce this Act. The Department
shall forward a violation of this subsection to the appropriate
law enforcement authorities or regulatory agencies, whichever
is applicable.
(e) No motor vehicle that is owned
or operated by the day and temporary labor service agency or
a third party client, or a contractor or agent of either, or
to which a day and temporary labor service agency refers a day
or temporary laborer, which is used for the transportation of
day or temporary laborers may be operated if it does not have
a seat and a safety belt for each passenger. The Department shall
forward a violation of this subsection to the appropriate law
enforcement authorities or regulatory agencies, whichever is
applicable.
(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/25)
Sec. 25. 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 the market value of the
item temporarily provided to the day or temporary laborer by
the third party client if the day or temporary laborer fails
to return such items to the third party client or the day and
temporary labor service agency. For any other equipment, clothing,
accessories, or any other items the day and temporary labor service
agency makes available for purchase, the day or temporary laborer
shall not be charged more than the actual market value for the
item.
(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/30)
Sec. 30. 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, and telephone number of each
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third party client at which the day
or temporary laborer worked. If this information
is provided on the day or temporary laborer's
paycheck stub, a code for each third party
client may be used so long as the required
information for each coded third party client
is made available to the day or temporary laborer;
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(2)
the number of hours worked by the day or
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temporary laborer at each third party
client each day during the pay period;
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(3)
the rate of payment for each hour worked,
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including any premium rate or bonus;
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(4)
the total pay period earnings;
(5) all
deductions made from the day or temporary
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laborer's compensation made either by
the third party client or by the day and temporary
labor service agency, and the purpose for which
deductions were made, including for the day
or temporary laborer's transportation, food,
equipment, withheld income tax, withheld social
security payments, and every other deduction;
and
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(6)
any additional information required by rules
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issued by the Department.
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(a-1) For
each day or temporary laborer who is contracted to
work a single day, the third party client shall, at
the end of the work day, provide such day or temporary
laborer with a Work Verification Form, approved by
the Department, which shall contain the date, the day
or temporary laborer's name, the work location, and
the hours worked on that day. Any third party client
who violates this subsection (a-1) may be subject
to a civil penalty not to exceed $500 for each violation
found by the Department. Such civil penalty may increase
to $2,500 for a second or subsequent violation. For
purposes of this subsection (a-1), each violation
of this subsection (a-1) for each day or temporary
laborer and for each day the violation continues shall
constitute a separate and distinct violation.
(b) A day and temporary labor service
agency shall provide each worker an annual earnings summary within
a reasonable time after the preceding calendar year, but in no
case later than February 1. A day and temporary labor service agency
shall, at the time of each wage payment, give notice to day or
temporary laborers of the availability of the annual earnings summary
or post such a notice in a conspicuous place in the public reception
area.
(c) At the request of a day or
temporary laborer, a day and temporary labor service agency shall
hold the daily wages of the day or temporary laborer and make either
weekly, bi-weekly, or semi-monthly payments. The wages
shall be paid in a single check, or, at the day or temporary laborer's
sole option, by direct deposit or other manner approved by the
Department, representing the wages earned during the period, either
weekly, bi-weekly, or semi-monthly, designated by the
day or temporary laborer in accordance with the Illinois Wage Payment
and Collection Act. Vouchers or any other method of payment which
is not generally negotiable shall be prohibited as a method of
payment of wages. Day and temporary labor service agencies that
make daily wage payments shall provide written notification to
all day or temporary laborers of the right to request weekly, bi-weekly,
or semi-monthly checks. The day and temporary labor service
agency may provide this notice by conspicuously posting the notice
at the location where the wages are received by the day or temporary
laborers.
(d) No day and temporary labor
service agency shall charge any day or temporary laborer for cashing
a check issued by the agency for wages earned by a day or temporary
laborer who performed work through that agency.
(e) Day or temporary laborers shall
be paid no less than the wage rate stated in the notice as provided
in Section 10 of this Act for all the work performed on behalf
of the third party client in addition to the work listed in the
written description.
(f) The total amount deducted for
meals, equipment, and transportation may not cause a day or temporary
laborer's hourly wage to fall below the State or federal minimum
wage. However, a day and temporary labor service agency may deduct
the actual market value of reusable equipment provided to the day
or temporary laborer by the day and temporary labor service agency
which the day or temporary laborer fails to return, if the day
or temporary laborer provides a written authorization for such
deduction at the time the deduction is made.
(g) A day or temporary laborer
who is contracted by a day and temporary labor service agency to
work at a third party client's worksite but is not utilized by
the third party client shall be paid by the day and temporary labor
service agency for a minimum of 4 hours of pay at the agreed upon
rate of pay. However, in the event the day and temporary labor
service agency contracts the day or temporary laborer to work at
another location during the same shift, the day or temporary laborer
shall be paid by the day and temporary labor service agency for
a minimum of 2 hours of pay at the agreed upon rate of pay.
(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/35)
Sec. 35. 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 shall allow for access
to restrooms and water.
(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/40)
Sec. 40. 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 or temporary laborer.
A day and temporary labor service agency may charge a placement
fee to a third party client for employing a day or temporary
laborer for whom a contract for work was effected by the day
and temporary labor service agency not to exceed the equivalent
of the total daily commission rate the day and temporary labor
service agency would have received over a 60-day period,
reduced by the equivalent of the daily commission rate the day
and temporary labor service agency would have received for each
day the day or temporary laborer has performed work for the day
and temporary labor service agency in the preceding 12 months.
Days worked at a day and temporary labor service agency in the
12 months preceding the effective date of this amendatory Act
of the 94th General Assembly shall be included for purposes of
calculating the maximum placement fee described in this Section.
However, placement of a day or temporary laborer who is contracted
by a day and temporary labor service agency to provide skilled
labor shall not be subject to any placement fee cap. For purposes
of this Section, a day or temporary laborer who performs "skilled
labor" shall apply only where the day and temporary labor
service agency performs an advanced application process, a screening
process, which may include processes such as advanced testing,
and a job interview. No fee provided for under this Section may
be assessed or collected by the day and temporary labor service
agency when the day or temporary laborer is offered permanent
work following the suspension or revocation of the day and temporary
labor service agency's registration by the Department.
(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/45)
Sec. 45. 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 and any rules
adopted under this Act. Each day and temporary labor service
agency shall provide proof of an employer account number issued
by the Department of Employment Security for the payment of unemployment
insurance contributions as required under the Unemployment Insurance
Act, and proof of valid workers' compensation insurance in effect
at the time of registration covering all of its employees. If,
at any time, a day and temporary labor service agency's workers'
compensation insurance coverage lapses, the agency shall have
an affirmative duty to report the lapse of such coverage to the
Department and the agency's registration shall be suspended until
the agency's workers' compensation insurance is reinstated. The
Department may assess each day and temporary labor service agency
a non-refundable registration fee not exceeding $1,000
per year per agency and a non-refundable fee not to exceed
$250 for each branch office or other location where the agency
regularly contracts with day or temporary laborers for services.
The fee may be paid by check or money order and the Department
may not refuse to accept a check on the basis that it is not
a certified check or a cashier's check. The Department may charge
an additional fee to be paid by a day and temporary labor service
agency if the agency, or any person on the agency's behalf, issues
or delivers a check to the Department that is not honored by
the financial institution upon which it is drawn. The Department
shall also adopt rules for violation hearings and penalties for
violations of this Act or the Department's rules in conjunction
with the penalties set forth in this Act.
(b) It is a violation of this Act
to operate a day and temporary labor service agency without first
registering with the Department in accordance with subsection
(a) of this Section. The Department shall create and maintain
at regular intervals on its website, accessible to the public:
(1) a list of all registered day and temporary labor service
agencies in the State whose registration is in good standing;
(2) a list of day and temporary labor service agencies in the
State whose registration has been suspended, including the reason
for the suspension, the date the suspension was initiated, and
the date, if known, the suspension is to be lifted; and (3) a
list of day and temporary labor service agencies in the State
whose registration has been revoked, including the reason for
the revocation and the date the registration was revoked. The
Department has the authority to assess a penalty against any
day and temporary labor service agency that fails to register
with the Department of Labor in accordance with this Act or any
rules adopted under this Act of $500 for each violation. Each
day during which a day and temporary labor service agency operates
without registering with the Department shall be a separate and
distinct violation of this Act.
(c) An applicant is not eligible
to register to operate a day and temporary labor service agency
under this Act if the applicant or any of its officers, directors,
partners, or managers or any owner of 25% or greater beneficial
interest:
(1) has
been involved, as owner, officer, director,
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partner, or manager, of any day and
temporary labor service agency whose registration
has been revoked or has been suspended without
being reinstated within the 5 years immediately
preceding the filing of the application; or
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(2)
is under the age of 18.
(d) Every agency shall post and
keep posted at each
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location, in a position easily accessible
to all employees, notices as supplied and required
by the Department containing a copy or summary
of the provisions of the Act and a notice which
informs the public of a toll-free telephone
number for day or temporary laborers and the
public to file wage dispute complaints and
other alleged violations by day and temporary
labor service agencies. Such notices shall
be in English or any other language generally
understood in the locale of the day and temporary
labor service agency.
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(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/50)
Sec. 50. 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.
(Source: P.A. 94-511, eff. 1-1-06.)
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