225 ILCS 505/ Illinois Farm Labor Contractor Certification Act.
(225 ILCS 505/1) (from Ch. 111, par. 801)
Sec. 1. This Act shall be known and may be cited as the "Illinois Farm Labor Contractor Certification Act".
(Source: P.A. 79‑900.) |
(225 ILCS 505/2) (from Ch. 111, par. 802)
Sec. 2. As used in this Act: (a) "Farm labor contractor" means (1) any person who for a fee or other valuable consideration recruits, supplies or hires, or transports in connection therewith, into or within the State, any farmworker not of such contractor's immediate family to work for, or under the direction, supervision or control of, a third person, and (2) any person who for a fee or other valuable consideration recruits, supplies or hires, or transports in connection therewith, into or within the State, any farmworker not of such contractor's immediate family, and who for a fee or other valuable consideration directs, supervises or controls all or any part of the work of such farmworkers or who disburses wages to such farmworkers. However, the term "farm labor contractor" does not include full‑time regular employees of food processing companies when such employees are engaged in recruiting for such companies, provided such employees are not compensated according to the number of farmworkers they recruit.
(b) "Department" means the Illinois Department of Labor.
(c) "Director" means the Director of the Illinois Department of Labor.
(d) "Certificate" means a certificate of registration as a farm labor contractor issued under this Act.
(e) "Person" means any individual, partnership, firm, association or corporation.
(f) "Farmworker" means any person who moves seasonally from one place to another, within or without the State, for the purpose of obtaining employment relating to the planting, raising or harvesting of any agricultural or horticultural commodities, or the handling, packing or processing of such commodities on the farm where produced or at the place of first processing after leaving such farm.
(Source: P.A. 79‑900.) |
(225 ILCS 505/3) (from Ch. 111, par. 803)
Sec. 3. No person shall act as a farm labor contractor unless that person has in his or her immediate possession a certificate of registration issued by the Director under this Act, and unless such certificate is in full force and effect. No certificate may be transferred or assigned to a person other than the one to whom it is issued.
(Source: P.A. 79‑900.) |
(225 ILCS 505/4) (from Ch. 111, par. 804)
Sec. 4. The Director shall issue a certificate of registration as a farm labor contractor, which is valid for one year from the date of issuance, to any applicant who:
(a) Submits a written application on forms prescribed by the Department, which shall be subscribed and sworn to by the applicant and contain that information required by the Department. Such required information shall include, but is not limited to, the names and addresses of all persons who are financially interested in the proposed farm labor contractor operation, together with the amount of their respective interests.
(b) After investigation by the Department, satisfies the Department as to the applicant's good character, competency and responsibility.
(c) Pays to the Department a certification fee of $50.
(d) Presents proof satisfactory to the Department of the existence of an insurance policy which adequately insures the applicant against liability for damages to persons or property arising out of the applicant's ownership of, operation of, or his causing to be operated any vehicle for the transportation of farmworkers in connection with the applicant's business, activities or operations as a farm labor contractor.
(Source: P.A. 81‑684.) |
(225 ILCS 505/5) (from Ch. 111, par. 805)
Sec. 5. Every full‑time or regular employee of any farm labor contractor certified under this Act is required to carry identification of such employment in such employee's immediate personal possession when engaging in activities for the farm labor contractor. The Department shall issue regulations specifying the nature of such required identification. Any such employee shall be subject to the provisions of this Act and regulations prescribed hereunder to the same extent as if he were required to obtain a certificate of registration in his own name.
(Source: P.A. 79‑900.) |
(225 ILCS 505/6) (from Ch. 111, par. 806)
Sec. 6. After reasonable notice and a fair hearing pursuant to regulations prescribed by the Department, the Director may refuse to issue, revoke, suspend, or refuse to renew a certificate of registration to any farm labor contractor if the Director finds that such contractor:
(a) has violated or failed to comply with any of the provisions of this Act;
(b) has knowingly made any misrepresentation or false statement in connection with an application for a certificate or any renewal of a certificate;
(c) does not meet the requirements for the issuance of a certificate under Section 4;
(d) has been convicted of violating any provision of State or federal law, including any applicable orders of any State or federal court;
(e) has failed to comply with Chapter 13 of "The Illinois Vehicle Code", relating to the inspection of vehicles;
(f) has knowingly given false or misleading information to farmworkers concerning the terms, conditions or existence of employment.
The Department may refuse to issue or may suspend the certificate of registration of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(Source: P.A. 84‑221.) |
(225 ILCS 505/7) (from Ch. 111, par. 807)
Sec. 7. Any farm labor contractor may deposit with the Department a surety bond in the sum of $5,000, payable to the people of the State of Illinois and conditioned on compliance by the farm labor contractor with all terms and conditions of this Act and rules and regulations of the Department relating thereto. Whenever a farm labor contractor has deposited a surety bond with the Department, any action brought under Section 14 of this Act must be maintained upon such bond. Any claim against a farm labor contractor may be assigned and may be enforced in the name of the assignee. However, the aggregate liability of the surety shall in no event exceed the penal sum of such bond. Any remedy provided in this Section is not exclusive of any other remedy which otherwise exists.
(Source: P.A. 81‑684.) |
(225 ILCS 505/8) (from Ch. 111, par. 808)
Sec. 8. Every farm labor contractor certified under this Act shall:
(a) Carry his or her certificate of registration, or a certified copy thereof, with him or her at all times and exhibit such certificate or copy to all persons with whom he or she intends to deal as a farm labor contractor prior to so dealing.
(b) Pay or distribute promptly when due, to the individuals entitled thereto, all moneys or other things of value entrusted to such contractor by any third person for such purpose.
(c) Comply with the terms and provisions of agreements and arrangements entered into in the course of doing business as a farm labor contractor with farmworkers and farm operators.
(d) Have displayed prominently at every site where work is being performed or is to be performed, and on all vehicles used by the farm labor contractor for the transportation of farmworkers, a written statement in English, and in such other languages in which the farmworkers are fluent, showing the rate of compensation the contractor is receiving and the rate of compensation such contractor is paying to farmworkers for services rendered to, for or under the control of the farm operator.
(e) In the event he pays farmworkers either on his own behalf or on behalf of another person, keep payroll records which shall show for each farmworker total earnings in each payroll period, all withholdings from wages, and net earnings. In addition, for farmworkers employed on a time basis, the number of units of time employed and the rate per unit of time shall be recorded on the payroll records, and for farmworkers employed on a piece rate basis, the number of units of work performed and the rate per unit shall be recorded on such records.
(f) Semi‑monthly, or at the time of each payment of wages, furnish each of the farmworkers employed by such contractor an itemized statement in writing detailing each and every deduction made from such wages, either as a detachable part of the check, draft or voucher constituting payment or as a separate statement.
(Source: P.A. 79‑900.) |
(225 ILCS 505/9) (from Ch. 111, par. 809)
Sec. 9. (a) The recruitment of farmworkers by a farm labor contractor is prohibited unless such contractor first files with the Department, on forms required by the Department, a statement containing the following information:
(1) the location of employment;
(2) the crops and operations involved;
(3) the transportation, housing and insurance to be provided farmworkers;
(4) rates of compensation or wages;
(5) the period of employment;
(6) the existence of any strike, or other concerted stoppage, slowdown or interruption of operations by employees;
(7) all charges to be made by the farm labor contractor for his services; and
(8) the existence of any arrangements with any owner, proprietor or agent of any commercial or retail establishment in the area of employment under which the farm labor contractor is to receive a commission or any other benefit resulting from any sales provided to such commercial or retail establishment from the farmworkers such contractor recruits.
(b) The same information required to be disclosed under paragraph (a) of this Section shall also be disclosed by a farm labor contractor to every farmworker at the time of recruitment. The disclosure under this paragraph shall be in writing, in a language in which the farmworker is fluent, written in a manner understandable by farmworkers, and on such forms as the Director requires.
(Source: P.A. 79‑900.) |
(225 ILCS 505/10) (from Ch. 111, par. 810)
Sec. 10. Every farm labor contractor is prohibited from requiring any farmworker to purchase any goods or services from such contractor or any other person.
(Source: P.A. 79‑900.) |
(225 ILCS 505/11) (from Ch. 111, par. 811)
Sec. 11. The records required by Section 8(e) of this Act together with such other books and documents as may be necessary to verify the entries in such records shall be open to inspection by the Director or his authorized representatives at any reasonable time and as often as may be necessary.
(Source: P.A. 79‑900.) |
(225 ILCS 505/12) (from Ch. 111, par. 812)
Sec. 12. The provisions of the Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto, apply to and govern all proceedings instituted for judicial review of final administrative decisions of the Director under this Act. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.) |
(225 ILCS 505/13) (from Ch. 111, par. 813)
Sec. 13. (a) A person who does business as a farm labor contractor, as defined in Section 2, without having been issued a certificate of registration under this Act, is guilty of a Class A misdemeanor, and any such person who commits such offense more than once is guilty of a Class 4 felony.
(b) Any person who engages the services of any farm labor contractor who does not possess a current, valid certificate of registration at the time of such contracting is guilty of a Class B misdemeanor.
(c) Any person who violates any other provision of this Act is guilty of a Class B misdemeanor.
(Source: P.A. 79‑900.) |
(225 ILCS 505/14) (from Ch. 111, par. 814)
Sec. 14. Notwithstanding any other remedies provided by law, persons claiming to be aggrieved by the misconduct of any farm labor contractor certified under this Act may bring suit for violations of any provision of this Act or any regulation prescribed hereunder in any court of competent jurisdiction for equitable relief, damages and costs. Damages under this Section shall be limited to actual damages or $500 per violation, whichever is greater.
(Source: P.A. 81‑684.) |