reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart C - HOURS OF EMPLOYMENT › Section 250.315 - Section 8.1(b) Work Hours Waiver Record Keeping and Disclosure Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer
				shall keep a copy of the certificate for a work hours waiver at the exact
				place(s) and address(es) where the minor is working during the hours covered by
				the waiver.
b) An employer shall
				maintain a certificate for a work hours waiver issued pursuant to Section
				8.1(b)
				of the Act and Section
				250.310
				of this Part for each minor employee for at least 3 years, irrespective of
				whether the employee has been terminated.
c) An employer shall make all certificates
				for a work hours waiver available for inspection and transcription by a duly
				authorized agent of the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart D - EMPLOYMENT CERTIFICATE ISSUING OFFICERS › Section 250.400 - Certification by Issuing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
Section 10 of the Act requires certification by duly
				  authorized representatives of the Regional or District Superintendent of
				  Schools before a minor under 16 can be employed under the Act and this Part.
				  Issuing officers are responsible for:
a) A knowledge of the Act and this
				Part;
b) Issuing legal employment
				certificates and maintaining necessary records to comply with Sections 10, 11
				and 12 of the Act;
c) A
				determination of the legality of the minor's proposed employment and whether
				the minor is academically and physically capable of performing the work in
				addition to the school requirements. If any one of these three tests is not
				satisfied, the issuing officer shall refuse to issue the employment certificate
				and notify the minor and the proposed employer of that refusal;
d) Suspension and Revocation of an Employment
				Certificate
1) Petitioning the Department to
				suspend any employment certificate:
A) Found
				to be illegally or improperly issued; or
B) When the minor's parent, guardian or
				school principal believes the employment is interfering with the best physical,
				intellectual or moral development of the minor; and
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart D - EMPLOYMENT CERTIFICATE ISSUING OFFICERS › Section 250.400 - Issuing Officers are responsible for

Current through Register Vol. 48, No. 28, July 12, 2024
a) A knowledge of the Child Labor Law, the
				Rules and Regulations issued thereto, and the Department of Labor Publication
				"Procedures for Issuance of Certificates under the Illinois Child Labor
				Law".
b) Issuing legal employment
				certificates and maintaining necessary records to comply with Section 10
				through Section 12 of the Act.
c) A
				determination of the legality of the minor's proposed employment and whether or
				not the minor is academically and physically capable of performing the work in
				addition to the school requirements. If any one of the three tests are not
				satisfied the issuing officer shall refuse to issue the employment certificate
				and notify the minor and the proposed employer of such refusal.
d) The petitioning of the Department of Labor
				to suspend any employment certificate found to be illegally or improperly
				issued, or where it is believed the employment is interfering with the best
				physical, intellectual or moral development of the minor.
e) Issuance upon request of Certificate of
				Age for individuals sixteen (16) through nineteen (19) years of age,
				inclusive.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart E - RESPONSIBILITIES OF EMPLOYERS › Section 250.500 - Employer Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
The employer of the minor shall:
a) Upon receiving a "Notice of Suspension",
				immediately suspend the employment of the minor until the final order is
				received. The employer is then responsible for proper action as dictated by the
				final order (see Section
				250.700);
b) Become informed in the application of the
				Act and this Part to the employer's establishment or enterprise. Information on
				the Act and this Part is available at the Department's website and will be
				provided upon request;
c) Maintain
				a time record on each minor employee for at least 3 years from the date of
				employment, irrespectively of whether the employee has been
				terminated;
d) Keep the required
				time records, or duplicate copies of those records, at the place of employment
				or business, at which the minor is currently employed and retain time records
				for terminated employees at the place of employment for at least 6 months after
				the date of termination or in accordance with 56 Ill. Adm. Code
				210.730
				if records are kept outside business premises; and
e) Make available, during the regular
				business hours observed by the employer, the required time records for
				inspection and copying by a duly authorized agent of the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart F - APPLICABILITY OF THE ILLINOIS ADMINISTRATIVE PROCEDURE ACT › Section 250.600 - Revocation of Employment Certificates; Civil Penalty Assessments

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of the Illinois Administrative Procedure Act
				  (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.) shall apply to contested
				  cases involving the revocation of employment certificates under Section 16 and
				  17 of the Act and the final determination of civil penalties under Sections 17
				  and 17.3 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart G - HEARING PROCESS › Section 250.700 - Procedure and Time Table for Suspension or Revocation of Employment Certificates

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department of Labor shall notify all interested parties to an employment
				certificate suspension pursuant to Section 16 and 17 of the Act of the
				Department's suspension action and of the Department's hearing procedure to
				either reinstate or revoke the certificate.
b) A minor may, within 10 days after receipt
				of a suspension notice, request an informal investigation conference. The
				request must be mailed to the Department's Chicago office. The Department shall
				make an initial determination with respect to the legal and factual merits of
				the minor's request.
c) If the
				request presents a reasonable issue of law or fact, an informal investigative
				conference shall be conducted at the Department's Chicago or Springfield office
				within 21 days of the issuance of the suspension notice. If the request is
				denied, the Department shall notify the minor of its findings in writing within
				10 days.
d) If an informal
				conference is held, and the matter resolved, the Department shall within 10
				days after the conference issue a final order.
e) If an informal investigative conference
				was requested and held but did not resolve the matter, a minor may make a
				written request within 10 days after the investigative conference for an
				administrative hearing pursuant to Section
				250.715
				of this Part. A request shall be prominently marked "request for administrative
				hearing on employment certificate." The Department shall conduct the hearing at
				its Chicago or Springfield office within 21 days after the informal hearing.
				The Department shall issue a final order 10 days after the administrative
				hearing.
f) If a minor does not
				tender a request for an administrative hearing to the Department within 10 days
				after an informal investigative conference, the suspension shall become a final
				order of revocation on the 22nd day after the investigative hearing.
g) As used herein "day" shall refer to a
				calendar day. If the deadline for a conference or a hearing request falls on a
				weekend or a holiday, the minor may tender the request on the next following
				business day.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart G - HEARING PROCESS › Section 250.705 - Procedure for Child Labor Penalty Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall conduct
				investigations, conferences, or hearings for the purpose of assessing penalties
				as provided under Section 17 of the Act.
b) When the Department finds, upon evidence
				resulting from an investigation pursuant to Section 17 of the Act, that an
				employer has violated the Child Labor Law or Department regulations, the
				Department may convene an informal investigative conference for the purpose of
				obtaining evidence, identifying the issues in dispute, and exploring the
				possibility of a negotiated settlement. Notice of the conference shall be given
				to the employer at least 10 days prior thereto and shall identify the
				individuals requested to attend, along with any books, records or documents the
				employer must produce at the conference. The Department shall consider the
				matter resolved in the event a settlement has been reached prior to the
				conference date.
c) An employer may
				be accompanied at the informal investigative conference by an attorney, and by
				a translator if necessary. The employer may bring witnesses to the conference
				in addition to those whose attendance may be specifically requested by the
				Department, but the Department employee conducting the conference shall decide
				which witnesses shall be heard and the order in which they will be heard. The
				Department employee conducting the conference may exclude witnesses and other
				persons from the conference when they are not giving evidence, except that the
				employer's counsel, and translator if necessary, may be permitted to remain
				throughout. The Department employee shall conduct and control the proceedings.
				No tape recording, stenographic report or other verbatim record of the
				conference may be made.
d) If any
				person becomes disruptive or abusive, the Departmental employee shall exclude
				the person from the conference and shall continue the conference without the
				excluded individual.
e) If the
				informal investigative conference is held but did not resolve the dispute, a
				final determination on the amount of civil penalties shall be made in an
				administrative hearing pursuant to the provisions of the Illinois
				Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et
				seq.) and Section 250.775 of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart G - HEARING PROCESS › Section 250.710 - Assessing Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				administrative determination of an amount of civil penalties, not to exceed
				$5,000 for each violation of the Act and the regulations, shall be based on the
				available evidence of the violation(s) and shall consider the size of the
				employer's business and the gravity of the violation(s).
b) The Department's assessment of civil
				penalties shall consider the size of the employer's business. The assessment
				shall take into account the number of employees employed by the employer, the
				gross dollar volume of sales or business done, the employer's capital
				investments and financial resources, and other information relevant to the size
				of the employer's business.
c) The
				Department's assessment of civil penalties shall consider the gravity of the
				offense(s). The assessment shall take into consideration, among other things,
				any history of prior violations, any evidence of willfulness or failure to take
				reasonable precautions to avoid violations, the number of minors illegally
				employed, the age of the minors employed, the absence of employment
				certificates, the occupations in which the minors were employed, exposure of
				the minors to hazards and any resultant injury to the minors, the duration of
				the illegal employment, and, as appropriate, the hours of the day in which it
				occurred and whether the employment was during or outside school hours. The
				Department shall not consider an employer's assertion that it was unaware of
				the Act and/or these regulations as a mitigating factor in determining the
				gravity of the offense(s).
d) A
				determination of civil penalties made in an administrative hearing pursuant to
				the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars.
				1001-1 et seq.) and Section
				250.715
				of this Part shall be final.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart G - HEARING PROCESS › Section 250.715 - Procedure for Contested Cases; Suspension or Revocation of Employment Certificates; Final Determinations of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall conduct administrative hearings for all
				  contested cases involving the revocation of employment certificates and the
				  final determination of civil penalties pursuant to the Illinois Administrative
				  Procedure Act [5 ILCS 100 ] and to 56 Ill. Adm. Code 120.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.800 - Minimum Age

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section 1 of the Act shall be charged for each
				  minor employee under the age of fourteen (14) not exempt from the
				  Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.805 - Hours of Work

Current through Register Vol. 48, No. 28, July 12, 2024
A separate violation of Section 3 of the Act shall be charged
				  for every instance in which an employer employed, permitted, or allowed a minor
				  to work:
a) for more than six
				consecutive days in any calendar week,
b) over 48 hours in any calendar week when
				school is not in session,
c) over
				eight hours per day,
d) between 7
				p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from
				June 1 until Labor Day,
e) over
				three hours on a day school is in session,
f) over eight hours per day combining school
				and work hours,
g) over twenty-four
				hours in any calendar week when school is in session. (For specific
				requirements for minors under sixteen appearing in television or motion picture
				productions, see Sections
				250.305
				-
				250.315,
				and
				250.855
				).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.810 - Meal Period

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section 4 of the Act shall be charged for each
				  minor during each work period of five or more continuous hours uninterrupted by
				  a thirty (30) minute meal period.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.815 - Posting of Hours

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section 5 of the Act shall be charged for each
				  minor employed where employer has failed to post an abstract of the Act and/or
				  a schedule of hours of work and/or meal periods.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.820 - Time Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) A violation
				of Section 6 of the Act shall be charged for each minor employed upon whom the
				employer has failed to keep a register of name, age and place of
				residence.
b) A violation of
				Section
				250.500 c
				of this Part shall be charged for each minor employed upon whom the employer
				has failed to keep a record of time starting and ending work, time out and time
				in after meals, and the daily and weekly totals of hours worked.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.825 - Hazardous Occupations

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section 7 of the Act and/or Section
				  250.210,
				  250.215,
				  250.220,
				  250.235,
				  or
				  250.240
				  of this Part, as appropriate, shall be charged for each minor employed in a
				  hazardous occupation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.830 - Minor Under Sixteen Appearing in Theatrical Productions

Current through Register Vol. 48, No. 28, July 12, 2024
A violation shall be charged under Section 8 of the Act for
				  each minor employed;
a) for whom an
				employment certificate has not been issued,
b) that performs in more than two
				performances in a given day,
c)
				that participates in excess of eight performances in a given week, or nine when
				a holiday occurs in that week,
d)
				that performs without the presence of the parent or guardian or by other
				appointed person charged with the care of the minor,
e) that performs in excess of six days in a
				week,
f) that performs in excess of
				twenty-four (24) hours per week,
g)
				that fails to attend school as provided by the Illinois School Code,
h) that is not provided proper rest and/or
				dressing room facilities.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.835 - Employment Certificate Required

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section 9 of the Act shall be charged for each
				  minor employed without an employment certificate.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.840 - Duties of Employers

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section 13 of the Act shall be charged for
				  each minor for whom the employer is unable to produce an employment
				  certificate.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.845 - Violations of Section 250.260 of the Rules and Regulations Pertaining to Employment of Minors as Models

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section
				  250.260
				  of this Part shall be charged for each minor for whom an employer has failed to
				  comply with each applicable subsection thereof.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.850 - Parent/Guardian Not Present at Performance

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of Section
				  250.265
				  of this Part shall be charged for each minor appearing in a rehearsal or
				  performance during time which the parent or guardian is not
				  present.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.855 - Minors Under Sixteen Appearing in Television or Motion Picture Productions

Current through Register Vol. 48, No. 28, July 12, 2024
A violation shall be charged under Section
				  8.1 of the Act for
				  each child performer employed:
a) for
				whom an employment certificate has not been issued;
b) who performs without the presence of the
				chaperone;
c) who performs in
				excess of the time limits set forth in Sec.
				250.302(a);
d) who performs or makes up school hours in
				excess of six days in a week;
e)
				who fails to attend school or receive educational services as required by the
				Illinois School Code;
f) who is not
				provided with a 12-hour rest break at the end of the performers work day and
				prior to the commencement of the child performer's next day of work or
				school;
g) who is not provided with
				separate and adequate facilities for rest, schooling and recreation;
h) who is an infant under 15 days old from
				the date indicated on the child's birth certificate; or
i) who is under one year of age and was born
				before the 37th week of the mother's
				pregnancy.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart H - AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS › Section 250.860 - Minors: Athletic or Acrobatic Activity and Stunts

Current through Register Vol. 48, No. 28, July 12, 2024
It shall be a violation of the Act to require a minor
				  performing in any theatrical, television and/or motion picture production to
				  perform any unusual athletic or acrobatic activity or stunts unless the minor
				  and parent or guardian represent that the minor is capable of performing such
				  activity and the parent or guardian gives prior consent in writing. Provided no
				  minor shall be required to work in any hazardous situation which places him or
				  her in a clear and present danger to life or limb, regardless of any parental
				  consent.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 252 - CHILD BEREAVEMENT LEAVE › Section 252.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Child Bereavement Leave Act [820 ILCS
				154]
.
"Child" means an employee's son or daughter who is a
				biological, adopted, or foster child, a stepchild, a legal ward, or a child of
				a person standing in loco parentis.
"Department" means the Illinois Department of
				Labor.
"Employee" means eligible employee, as defined by FMLA
				section 101(2).
"Employer" means employer, as defined by FMLA section
				101(4)
(Section 5 of the Act)
.
"FMLA" means the federal Family and Medical Leave Act of 1993
				(29 USC 2601
				et seq.).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 252 - CHILD BEREAVEMENT LEAVE › Section 252.10 - Bereavement Leave

Current through Register Vol. 48, No. 28, July 12, 2024
a)
All
			 employees shall be entitled to use a maximum of 2 weeks (10 work days) of
			 unpaid bereavement leave to:
1)
attend the funeral, or alternative to a funeral, of a
			 child;
2)
make
			 arrangements necessitated by the death of the child; or
3)
grieve the death of the
			 child.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 252 - CHILD BEREAVEMENT LEAVE › Section 252.15 - Existing Leave

Current through Register Vol. 48, No. 28, July 12, 2024
An employee who is entitled to take paid or unpaid
				leave (including family, medical, sick, annual, personal, or similar leave)
				from employment, pursuant to federal, State, or local law, a collective
				bargaining agreement, or an employment benefits program or plan may elect to
				substitute any period of that leave for an equivalent period of leave provided
				under Section 10
of the Act. [820 ILCS
				154/15]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 252 - CHILD BEREAVEMENT LEAVE › Section 252.20 - Unlawful Employer Practices

Current through Register Vol. 48, No. 28, July 12, 2024
a)
It is unlawful for any employer to take any adverse action against an
			 employee because the employee:
1)
exercises rights or attempts to exercise rights under the
			 Act;
2)
opposes
			 practices that the employee believes to be in violation of the Act;
			 or
3)
supports the
			 exercise of rights of another under the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 252 - CHILD BEREAVEMENT LEAVE › Section 252.25 - Department Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Department will administer and enforce the Act. The Department
			 shall have the powers and the parties shall have the rights, provided
			 in
Article 10 of
the Illinois Administrative Procedure
			 Act
[5 ILCS 100 /Art.10]
for contested cases. The Department
			 has the power to conduct investigations in connection with the administration
			 and enforcement of the Act, including the power to conduct depositions and
			 discovery and to issue subpoenas. If the Department finds cause to believe that
			 the Act has been violated, the Department shall notify the parties in writing
			 and the matter shall be referred to an Administrative Law Judge to schedule a
			 formal hearing in accordance with
56 Ill. Adm. Code 120 (Rules of
			 Procedure in Administrative Hearings)
.
b)
The Department is authorized to
			 impose civil penalties prescribed in Section 30 of the Act in administrative
			 proceedings that comply with the Illinois Administrative Procedure Act and to
			 supervise the payment of the unpaid wages and damages owing to the employee or
			 employees under the Act.
c)
The Department may bring any legal
			 action necessary to recover the amount of unpaid wages, damages, and penalties,
			 and the employer shall be required to pay the costs. Any sums recovered by the
			 Department on behalf of an employee under the Act shall be paid to the employee
			 or employees affected. However,
no more than
20% of any
			 penalty collected from the employer for a violation of the Act shall be
			 deposited into the Child Bereavement Fund, a special fund created in the State
			 treasury, and used for the enforcement of the Act.
d)
The Attorney General may bring an
			 action to enforce the collection of any civil penalty imposed under the
			 Act.
[5 ILCS 100/25]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 252 - CHILD BEREAVEMENT LEAVE › Section 252.30 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
An
			 employee who believes his or her rights under the Act or this Part have been
			 violated may, within 60 days after the date of the last event constituting the
			 alleged violation for which the action is brought, file a complaint with the
			 Department or file a civil action.
b) Penalties
1)
An employer
found to have
			 violated
any provision of the Act or this Part is subject to a civil
			 penalty for each employee affected, as follows:
A)
First offense, a civil
			 penalty
of
$500;
B)
Second or subsequent offense, a
			 civil penalty
of
$1,000.
[820 ILCS
			 154/30]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 252 - CHILD BEREAVEMENT LEAVE › Section 252.35 - Initiation of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall serve its decision on the parties via certified U.S. mail,
			 postage prepaid, return receipt requested, addressed to the last known
			 addresses of the parties. A party may request a hearing within ten days after
			 the date of service via certified mail or personal delivery to the
			 Department.
b) Hearings shall be
			 conducted pursuant to the provisions of Article 10 of the Illinois
			 Administrative Procedure Act [5 ILCS 100 /Art. 10] and the Department's Rules
			 of Procedure in Administrative Hearings (56 Ill. Adm. Code 120).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart A - GENERAL PROVISIONS › Section 260.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Day and Temporary Labor Services Act [820
				  ILCS 175 ].
"Contract" means an agreement, written, oral or otherwise as
				  agreed to between the parties.
"Day" means a calendar day.
"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 day or
				  temporary laborer at a third party client, the duration of which may be
				  specific or undefined, pursuant to a contract or understanding between the day
				  and temporary labor service agency and 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 and 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 agency and the third party
				  client, and which is located, operates or transacts business within the State
				  of Illinois. [820 ILCS 175/5
				  ]
"Department" means the Illinois Department of Labor.
"Director" means the Director of Labor or a duly authorized
				  representative.
"Hours worked" has the meaning ascribed to that term in 56
				  Ill. Adm. Code
				  210.110.
				  [820
				  ILCS 175/30(a)(2) ]
"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.
"Professional" means, for purposes of the Day and Temporary
				  Labor Services Act [820 ILCS 175 ], any person who meets the duties test of a
				  professional under
				  29 CFR
				  541.3 as of March 30, 2003 (no later dates or
				  editions). Specifically, this means any employee engaged in work predominantly
				  intellectual and varied in character, rather than routine mental, manual,
				  mechanical or physical work.
"Third Party Client" means any person that contracts with a
				  day and temporary labor service agency for obtaining day or temporary laborers.
				  [820 ILCS 175/5
				  ]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart B - COMPLAINT AND INVESTIGATION › Section 260.210 - Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				investigation may be made by written or oral inquiry, field visit, conference
				or any method or combination of methods deemed suitable in the discretion of
				the Department. The Director may examine a day and temporary labor agency's
				books and records, as well as any other documents reasonably related to the
				investigation, to determine whether a violation of the Act has
				occurred.
b) The Director shall
				notify all parties of the results of the investigation and shall issue a
				violation notice when the investigation has established that a violation of the
				Act or this Part occurred or is occurring.
c) If the Director issues a written decision,
				a party shall have the right to appeal a violation in accordance with the
				procedures set forth in Section
				260.610 of
				this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart B - COMPLAINT AND INVESTIGATION › Section 260.220 - Complaints by Interested Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before an
				interested party may initiate a civil action in the county where an alleged
				violation of the Act occurred or where any party to the civil action resides,
				the interested party shall follow the procedural steps below:
1) The interested party shall file a
				complaint with the Department.
2)
				The Department, in response to the complaint filed by the interested party,
				shall send a notice of complaint to the named parties indicating that the named
				party may contest or cure the allegations in the complaint within 30
				days.
3) If the named parties do not
				cure or respond to the notice within 30 days, then Department shall issue a
				Right to Sue letter to the interested party.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart B - COMPLAINT AND INVESTIGATION › Section 260.230 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) A day and
				temporary labor service agency or third party client found to have violated any
				provision of the Act or this Part is subject to a civil penalty of not less
				than $100 and not more than $18,000 for the first violation.
b) Any subsequent violation is subject to a
				civil penalty of not less than $250 and not more than $7,500.
c) The Department may issue a separate
				violation to an agency or third party client for each day or temporary laborer
				that is found to be affected by a violation of the Act.
d) When determining the amount of a penalty,
				the Director shall consider the following factors:
1) The seriousness of the violation,
				including the nature, circumstances, extent, and gravity of the violation,
				including probability that death or serious physical or mental harm to a
				laborer will result or has resulted, the severity of the actual or potential
				harm, and the extent to which the provisions of the applicable statutes or
				regulations were violated;
2) The
				economic harm to the laborer caused by the violation;
3) The history of previous
				violations;
4) The amount necessary
				to deter a future violation;
5)
				Efforts by the day and temporary labor service agency or third party client to
				correct the violation; and
6) Any
				other matter that justice may require.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart C - REGISTRATION PROCESS › Section 260.300 - Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person shall
				employ day laborers to provide services to or for any third party client
				pursuant to a contract with itself and the third party client unless that
				person or entity has obtained a non-transferable certificate from the
				Department evidencing the person is registered with the Department.
b) A day and temporary labor service agency
				must register each location or branch office with the Department from which it
				will be operated.
c) A day and
				temporary labor service agency shall keep, and prominently display, the
				certificate of registration in the public access area at each location where it
				operates.
d) A person that is
				licensed as a private employment agency must also register with the Department
				as a day and temporary labor service agency if it engages in the business of
				employing day and temporary laborers to provide services to or for any third
				party client pursuant to a contract with the person or entity and the third
				party client.
e) A person or entity
				must register as a day and temporary labor service agency with the Department
				when, on an isolated or incidental basis, it employs persons to provide
				professional or clerical services to or for any third party client pursuant to
				a contract with the person and the third party client, in addition to its
				primary business of employing day and temporary laborers to provide services to
				or for any third party client pursuant to a contract with the person and the
				third party client.
f) In the case
				of a day and temporary labor service agency that operates both day and
				temporary labor locations and separate locations providing professional,
				clerical or other non-day labor services, the requirements of subsections (c)
				and (d) of this Section shall apply only to the agency's day and temporary
				labor locations.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart C - REGISTRATION PROCESS › Section 260.320 - Expiration and Renewal of Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Registration of a day and temporary labor
				service agency shall be for a term of one calendar year and shall expire at the
				end of the calendar year unless the Department revokes or suspends the
				registration sooner. A period of suspension does not extend the registration
				for any period of time.
b) A day
				and temporary labor service agency must apply for renewal at least 60 days
				prior to the expiration of its registration with the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart C - REGISTRATION PROCESS › Section 260.330 - Registration Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The initial
				application to register a day and temporary labor service agency must be
				accompanied by a $1,000 fee for each agency and a $250 fee for each branch
				office or other location where the agency regularly contracts with day or
				temporary laborers for services.
b)
				The application for renewal of registration for a day and temporary labor
				service agency must be accompanied by a $1,000 fee for each agency and a $250
				fee for each branch office or other location where the agency regularly
				contracts with day or temporary laborers for services.
c) The fee to initially apply for, or renew,
				a registration may be paid by certified check, cashier's check or money order
				made payable to the Illinois Department of Labor.
d) The fee to initially apply for, or renew,
				a registration is not refundable.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.400 - Employment Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) A day and
				temporary labor service agency shall provide at the time of dispatch, to each
				day and temporary laborer who is sent to work as a day and temporary laborer, a
				statement that contains the following information:
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 day or temporary laborer;
5) the terms of transportation;
6) whether a meal or equipment or both is
				provided by either the day and temporary labor service agency or the third
				party client and the cost of the meal and equipment, if any; and [820 ILCS
				175/10(a)(1)-(6) ]
7) if using codes on the day or temporary
				laborer's paycheck stub to identify third party clients, the code or codes that
				correlate to where the day or temporary laborer is being sent to
				work.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.401 - Right to Refuse Assignment Due to Labor Dispute

Current through Register Vol. 48, No. 28, July 12, 2024
a) A day and
				temporary labor service agency must inquire whether a strike, lockout, or other
				labor dispute exists at a third party client before sending a day or temporary
				laborer to work there.
b) A day or
				temporary laborer shall have the right to refuse assignment to a place where a
				strike, lockout, other labor dispute exists without prejudice, and to receive
				another assignment.
c) A day and
				temporary labor service agency shall not send a day or temporary laborer to a
				place where a strike, a lockout, or other labor dispute exists unless it has
				complied with Section
				260.400(a)(9).
d) If a day and temporary labor service
				agency fails to provide the information to the day or temporary laborer as
				required by Section 260.400(a)(9),
				then it shall constitute a notice violation subject to a private right of
				action under Section 95 of the Act.
e) If a day or temporary laborer refuses
				assignment to location where a strike, lockout, or other labor dispute exists,
				then it shall be illegal for the day and temporary labor service agency or the
				third party client to retaliate against the day or temporary laborer under
				Section 90 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.405 - Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) On or before a
				day or temporary laborer's first day working at a client company each year, the
				day and temporary labor service agency shall provide general safety training to
				each day or temporary laborer for each client company that the day or temporary
				laborer is dispatched to.
b) This
				training shall be provided at no expense to the day or temporary laborer, or
				the day or temporary laborer must be compensated for time spent in
				training.
c) The training shall
				reflect all existing job hazards known to the client company or the agency,
				including hazards that have been reported to the client or the agency by a day
				or temporary laborer. This must include, but is not limited to, any of the
				following types of hazards which are present on the job site:
1) hazards which necessitate the use of
				personal protective equipment;
2)
				fall hazards;
3) electrocution
				hazards;
4) hazards of being struck
				by objects;
5) getting caught or
				between hazards;
6)
				machinery-related hazards;
7)
				chemical or other substance-related hazards;
8) repetitive-motion hazards; and
9) emergency action
				plans.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.410 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 12 of the Act, day and temporary labor
				  service agencies shall keep the following records during regular business hours
				  at the place the records are kept:
a)
the name, address and telephone number of each third party client,
				including each work site, to which day or temporary laborers were sent by the
				agency and the date of the transaction;
b) the name and 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, for each day or temporary
				laborer;
c) the name and title of
				the individual or individuals at each third party client's place of business
				responsible for the transaction;
d)
				any specific qualifications or attributes of a day or temporary laborer
				requested by each third party client;
e) copies of all contracts, if any, with the
				third party client and copies of all invoices for the third party
				client;
f) copies of all employment
				notices provided in accordance with Section 10 of the Act and this
				Subpart;
g) deductions to be made
				from each day or temporary 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 food, equipment, withheld income tax, withheld social
				security payments and every other deduction;
h) verification of the actual cost of any
				equipment or meal charged to a day or temporary laborer; [820 ILCS
				175/12 ]
i) the race and gender of each day or
				temporary laborer sent by the day and temporary labor service agency, as
				provided by the day or temporary laborer;
j) number of hours billed by the day and
				temporary labor service agency to each third party client for each day or
				temporary laborer; and
k) a legend
				or explanation sheet for the code or codes used on a day or temporary laborer's
				paycheck stub that identifies the third party client or third party clients for
				whom the day or temporary laborer worked.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.420 - Inspection and Maintenance of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				is authorized to inspect and copy any records or notices required to be kept
				under the Act and this Part during regular business hours at the place where
				the records are maintained. The records or notices required to be kept under
				the Act and this Part shall be kept within the State of Illinois at an office
				of the day and temporary labor service agency. The refusal of an agency to
				produce for inspection or copying of the records will be considered grounds to
				revoke the agency's registration.
b) Records required under this Section shall
				be maintained for a period of three years from their creation. However, records
				shall be maintained for a longer period while there is an open case pending
				against the agency.
c) Day and
				temporary labor service agencies shall make the records described in Section
				260.410(a), (b), (c), (f),
				(g), and (h) of this Part available to a day
				or temporary laborer during normal business hours within 5 days following a
				written request. In addition, during normal business hours and within 5 days
				following a written request, day and temporary labor service agencies shall
				make available to the individual making the request records relating to the
				number of hours billed to a third party client for that individual day or
				temporary laborer's hours of work.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.430 - Meals

Current through Register Vol. 48, No. 28, July 12, 2024
A day and temporary labor service agency shall not charge a
				  day or temporary laborer for any meal not consumed by the day or temporary
				  laborer. If a meal is consumed by the day or temporary laborer, no more than
				  the actual cost of the meal may be charged. The purchase of a meal cannot be a
				  condition of employment for the day or temporary laborer. (See
				  820 ILCS
				  175/15.)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart D - DUTIES AND RESPONSIBILITIES OF DAY AND TEMPORARY LABOR SERVICE AGENCIES › Section 260.440 - Transportation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A day and
				temporary labor service agency or a third party client or contractor or agent
				of either shall not charge a 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, except as provided in Section 20 of the Act.
				[820 ILCS
				175/20 ]
c) A day and temporary labor service agency
				shall not refer a day or temporary laborer to any person for transportation to
				a work site, except as provided in Section 20 of the Act.