ILLINOIS DEPARTMENT OF LABOR LABOR ... - Cook …

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: 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: 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

Revised January 1, 2006

DISPLACED EMPLOYEE RIGHTS

ON SUCCESSOR CONTRACTS

UNDER EXECUTIVE ORDER 13495

AND THE SERVICE CONTRACT ACT

The contract for [_____________________________] services currently performed by [_____________________________] has been awarded to a new (successor) contractor [_____________________________]. The new contractor's first date of performance on the contract will be [_____________________________].

If the work is to be performed at the same location, the new contractor is generally required to offer employment to the employees who worked on the contract during the last 30 days of the current contract, except as follows:

? Employees who will not be laid off or discharged as a result of the new contract award are not entitled to an offer of employment.

? Managerial, supervisory, or non-service employees on the current contract are not entitled to an offer of employment.

? The new contractor may reduce the size of the current workforce; therefore, only a portion of the existing workforce may receive employment offers. However, the new contractor must offer employment to the displaced employees for which they are qualified if any openings occur during the first 90 days of performance on the new contract.

? The new contractor may employ its current employee on the new contract before offering employment to the existing contractor's employees only if the new contractor's current employee has worked for the new contractor for at least 3 months immediately preceding the first date of performance on the new contract and would otherwise face layoff or discharge if not employed under the new contract.

? Where the new contractor has reason to believe, based on written credible information from a knowledgeable source, that an employee's job performance while working on the current contract has been unsuitable, the employee is not entitled to an offer of employment on the new contract.

? An employee hired to work under the current Federal service contract and one or more nonfederal service contracts as part of a single job is not entitled to an offer of employment on the new contract, provided that the existing contractor did not deploy the employee in a manner that was designed to avoid the purposes of Executive Order 13495.

Time limit to accept offer: If you are offered employment on the new contract, you will have at least 10 days to accept the offer.

Complaints: Any employee(s) or authorized employee representative(s) of the predecessor contractor who believes that he or she is entitled to an offer of employment with the new contractor and who has not received an offer, may file a complaint, within 120 days from the first date of contract performance, with the Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. You may file a complaint or seek additional information using the contact information below.

WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR

202-693-1399 displaced@ whd

WH1503 REV 10/17

"EEO is the Law" Poster Supplement

Employers Holding Federal Contracts or Subcontracts Section Revisions

The Executive Order 11246 section is revised as follows: RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

PAY SECRECY Executive Order 11246, as amended, protects applicants and employees from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.

The Individuals with Disabilities section is revised as follows: INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals with disabilities from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship to the employer. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

The Vietnam Era, Special Disabled Veterans section is revised as follows: PROTECTED VETERANS The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination against, and requires affirmative action to recruit, employ, and advance in employment, disabled veterans, recently separated veterans (i.e., within three years of discharge or release from active duty), active duty wartime or campaign badge veterans, or Armed Forces service medal veterans.

Mandatory Supplement to EEOC P/E-1(Revised 11/09) "EEO is the Law" Poster.

If you believe that you have experienced discrimination contact OFCCP: 1-800-397-6251 | TTY 1-877-889-5627 | .

Equal Employment Opportunity is

THE LAW

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

Applicants to and employees of most private employers, state and local governments, educational institutions,

employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN

GENETICS

Title VII of the Civil Rights Act of 1964, as amended, protects applicants and

Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants

employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, and employees from discrimination based on genetic information in hiring,

job training, classification, referral, and other aspects of employment, on the basis promotion, discharge, pay, fringe benefits, job training, classification, referral, and

of race, color, religion, sex (including pregnancy), or national origin. Religious

other aspects of employment. GINA also restricts employers' acquisition of genetic

discrimination includes failing to reasonably accommodate an employee's religious information and strictly limits disclosure of genetic information. Genetic information

practices where the accommodation does not impose undue hardship.

includes information about genetic tests of applicants, employees, or their family

members; the manifestation of diseases or disorders in family members (family

DISABILITY

medical history); and requests for or receipt of genetic services by applicants,

Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect employees, or their family members.

qualified individuals from discrimination on the basis of disability in hiring, promotion,

discharge, pay, fringe benefits, job training, classification, referral, and other

RETALIATION

aspects of employment. Disability discrimination includes not making reasonable

All of these Federal laws prohibit covered entities from retaliating against a

accommodation to the known physical or mental limitations of an otherwise qualified person who files a charge of discrimination, participates in a discrimination

individual with a disability who is an applicant or employee, barring undue hardship. proceeding, or other wise opposes an unlawful employment practice.

AGE

WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED

The Age Discrimination in Employment Act of 1967, as amended, protects

There are strict time limits for filing charges of employment discrimination. To

applicants and employees 40 years of age or older from discrimination based on preserve the ability of EEOC to act on your behalf and to protect your right to file a

age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, private lawsuit, should you ultimately need to, you should contact EEOC promptly

referral, and other aspects of employment.

when discrimination is suspected:

The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000

SEX (WAGES)

(toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing

In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as impairments). EEOC field office information is available at or

amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in in most telephone directories in the U.S. Government or Federal Government

the payment of wages to women and men performing substantially equal work, section. Additional information about EEOC, including information about charge

in jobs that require equal skill, effort, and responsibility, under similar working filing, is available at .

conditions, in the same establishment.

Employers Holding Federal Contracts or Subcontracts

Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within

three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).

RETALIATION Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:

The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at OFCCP-Public@, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

Programs or Activities Receiving Federal Financial Assistance

RACE, COLOR, NATIONAL ORIGIN, SEX In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.

INDIVIDUALS WITH DISABILITIES Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job.

If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement

EEOC-P/E-1 (Revised 11/09)

State of Illinois Illinois Department of Public Health

Emergency Care for

CHOKING

CONSCIOUS VICTIM

If victim CAN breathe, cough or make sounds, DO NOT INTERFERE.

If victim CANNOT breathe, cough or make sounds, ask if you can help.

Give quick upward thrusts above the belly button and

below the ribs until object is forced out,

victim can breathe again, or victim

becomes unconscious

UNCONSCIOUS VICTIM

Send someone to call 911 and get the Automated External Defibrillator (AED). IF YOU ARE ALONE, perform 5 sets of 30 compressions and 2 breaths before

leaving to call 911. Follow these steps.

1

2

3

Give 30 compressions pushing down AT LEAST 2 inches on the center of the chest Place one hand on top of the other. Push hard.

Open the airway and check the mouth for objects. Remove the obstructing object only if you see it.

With the airway open, attempt to give TWO breaths.

If unsuccessful, return to compressions.

Repeat steps 1, 2 and 3 until victim starts breathing or until emergency medical help arrives.

Illinois Department of Public Health

Emergency Medical Systems and Highway Safety 422 S. 5th St., Third Floor Springfield, IL 62701 ? 217-785-2080

Standards for CPR and ECC are consistent with American Heart Association recommendations.

IOCI 14-210

? Have someone call for an ambulance, rescue squad or EMS. ? DO NOT PRACTICE ON PEOPLE. Abdominal thrusts may cause injury. ? Use back blows and chest thrust on infants. Use chest thrust on pregnant women

and obese victims. ? For children 1 to 8 years of age, compress at the depth of approximately 2 inches. ? Learn to perform emergency care for choking and cardiopulmonary resuscitation (CPR). ? For CPR training information, call your local American Heart Association or

American Red Cross chapter.

EMPLOYEE RIGHTS

FOR WORKERS WITH DISABILITIES PAID AT SUBMINIMUM WAGES

This establishment has a certificate authorizing the payment of subminimum wages to workers who are disabled for the work they are performing. Authority to pay subminimum wages to workers with disabilities generally applies to work covered by the Fair Labor Standards Act (FLSA), McNamara-O'Hara Service Contract Act (SCA), and/or Walsh-Healey Public Contracts Act (PCA). Such subminimum wages are referred to as "commensurate wage rates" and are less than the basic hourly rates stated in an SCA wage determination and/or less than the FLSA minimum wage of $7.25 per hour. A "commensurate wage rate" is based on the worker's individual productivity, no matter how limited, in proportion to the wage and productivity of experienced workers who do not have disabilities that impact their productivity when performing essentially the same type, quality, and quantity of work in the geographic area from which the labor force of the community is drawn.

Employers shall make this poster available and display it where employees and the parents and guardians of workers with disabilities can readily see it.

WORKERS WITH DISABILITIES

Subminimum wages under section 14(c) are not applicable unless a worker's disability actually impairs the worker's earning or productive capacity for the work being performed. The fact that a worker may have a disability is not in and of itself sufficient to warrant the payment of a subminimum wage.

For purposes of payment of commensurate wage rates under a certificate, a worker with a disability is defined as: An individual whose earnings or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed.

Disabilities which may affect productive capacity include an intellectual or developmental disability, psychiatric disability, a hearing or visual impairment, and certain other impairments. The following do not ordinarily affect productive capacity for purposes of paying commensurate wage rates: educational disabilities; chronic unemployment; receipt of welfare benefits; nonattendance at school; juvenile delinquency; and correctional parole or probation.

WORKER NOTIFICATION Each worker with a disability and, where appropriate, the parent or guardian of such worker, shall be informed orally and in writing by the employer of the terms of the certificate under which such worker is employed.

KEY ELEMENTS OF COMMENSURATE WAGE RATES

? Nondisabled worker standard--The objective gauge (usually a time study of the production of workers who do not have disabilities that impair their productivity for the job) against which the productivity of a worker with a disability is measured.

? Prevailing wage rate--The wage paid to experienced workers who do not have disabilities that impair their productivity for the same or similar work and who are performing such work in the area. Most SCA contracts include a wage determination specifying the prevailing wage rates to be paid for SCA-covered work.

? Evaluation of the productivity of the worker with a disability--Documented measurement of the production of the worker with a disability (in terms of quantity and quality).

The wages of all workers paid commensurate wages must be reviewed, and adjusted if appropriate, at periodic intervals. At a minimum, the productivity of hourly-paid workers must be reevaluated at least every six months and a new prevailing wage survey must be conducted at least once every twelve months. In addition, prevailing wages must be reviewed, and adjusted as appropriate, whenever there is a change in the job or a change in the prevailing wage rate, such as when the applicable state or federal minimum wage is increased.

WIOA

The Workforce Innovation and Opportunity Act of 2014 (WIOA) amended the Rehabilitation Act by adding section 511, which places limitations on the payment of subminimum wages to individuals with disabilities by mandating the completion of certain requirements prior to and during the payment of a subminimum wage.

EXECUTIVE ORDER 13658

Executive Order 13658, Establishing a Minimum Wage for Contractors, established a minimum wage that generally must be paid to workers performing on or in connection with a covered contract with the Federal Government. Workers covered by this Executive Order and due the full Executive Order minimum wage include workers with disabilities whose wages are calculated pursuant to certificates issued under section 14(c) of the FLSA.

FRINGE BENEFITS

Neither the FLSA nor the PCA have provisions requiring vacation, holiday, or sick pay nor other fringe benefits such as health insurance or pension plans. SCA wage determinations may require such fringe benefit payments (or a cash equivalent). Workers paid under a certificate authorizing commensurate wage rates must receive the full fringe benefits listed on the SCA wage determination.

OVERTIME

Generally, if a worker is performing work subject to the FLSA, SCA, and/or PCA, that worker must be paid at least 1 1/2 times their regular rate of pay for all hours worked over 40 in a workweek.

CHILD LABOR

Minors younger than 18 years of age must be employed in accordance with the child labor provisions of the FLSA. No persons under 16 years of age may be employed in manufacturing or on a PCA contract.

PETITION PROCESS

Workers with disabilities paid at subminimum wages may petition the Administrator of the Wage and Hour Division of the Department of Labor for a review of their wage rates by an Administrative Law Judge. No particular form of petition is required, except that it must be signed by the worker with a disability or his or her parent or guardian and should contain the name and address of the employer. Petitions should be mailed to: Administrator, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW, Washington, D.C. 20210.

WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243 TTY: 1-877-889-5627

whd

WH1284 REV 01/18

EMPLOYEE RIGHTS

ON GOVERNMENT CONTRACTS

THIS ESTABLISHMENT IS PERFORMING GOVERNMENT CONTRACT WORK SUBJECT TO:

(CHECK ONE)

SERVICE CONTRACT ACT (SCA) PUBLIC CONTRACTS ACT (PCA)

MINIMUM WAGES

Your rate must be no less than the federal minimum wage established by the Fair Labor Standards Act (FLSA).

A higher rate may be required for SCA contracts if a wage determination applies. Such wage determination will be posted as an attachment to this notice.

FRINGE BENEFITS SCA wage determinations may require fringe benefit payments (or a

cash equivalent). PCA contracts do not require fringe benefits.

OVERTIME PAY

You must be paid 1.5 times your basic rate of pay for all hours worked over 40 in a week. There are some exceptions.

CHILD LABOR

No person under 16 years of age may be employed on a PCA contract.

SAFETY & HEALTH Work must be performed under conditions that are sanitary, and not

hazardous or dangerous to employees' health and safety.

ENFORCEMENT

Specific DOL agencies are responsible for the administration of these laws. To file a complaint or obtain information, contact the Wage and Hour Division (WHD) by calling its toll-free help line at 1-866-4-USWAGE (1-866-487-9243), or visit whd

Contact the Occupational Safety and Health Administration (OSHA) by calling 1-800-321-OSHA (1-800-321-6742), or visit

WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243 TTY: 1-877-889-5627

whd

WH1313 REV 04/09 page 1 of 2

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