Read this letter of support
from Illinois State Representative, Eddie Washington.
|
Gov. Blagojevich Signs Strengthened At a press conference convened today, it was announced that Governor Rod Blagojevich signed House Bill 3471 into law. The new law will add additional worker protections to the Day Labor Services Act which was passed in 2000. Sponsored by Rep. Cynthia Soto (D-Chicago) and Sen. Miguel del Valle (D-Chicago), HB 3471 was crafted in cooperation with a number of day labor worker service organizations as well as organizing groups including San Lucas Workers Center. SLWC worker/leaders participated in crafting the language of the bill as well as advocating for its passage at the state capitol in Springfield, IL. Speaking at the press conference, SLWC Worker/Leader Kevin Anderson spoke stated: “We would like to thank the workers for their efforts and dedication to making this happen. Because without the workers, this wouldn’t have happened. This bill is very important to me. I went to Springfield twice to make sure that this bill would be passed. This bill gives us more power to stand up for our rights. This law will ensure that workers get paid for every hour that is worked. We look forward to working with the Department of Labor to make sure this law is enforced.
Background In 2000, the Illinois Day Labor Services Act was established to force agencies to be licensed by the state, to limit their abilities to charge the workers for delivery, and to address a number of other issues. When arrogant agencies ignored the law, the Illinois Department of Labor (IDOL) at the instigation of San Lucas Workers’ Center, recovered $817,835.35 for 17,9982 persons who had been overcharged for delivery to worksites in 2000. Despite victories like these, it was clear that the law needed to be strengthened. Our experience with the non-enforcement of the Chicago Day Labor Services Ordinance also made it clear that strict enforcement of the law was crucial. Community groups, organizers, and day laborers took up this task in 2004 resulting in the new law. How the New Amendments May Improve Enforcement It has always been clear that licensing the agencies with the threat of revoking that license was key to forcing them to comply with standards of work that most other people take for granted. Thus, SLWC has always stressed the need for licensing and laws that expose agencies to the threat of losing their licenses. The amendments impose stricter registration requirements on agencies in Illinois. These include: * The IDOL can impose a $500 fine for each day an agency operates without a license. * Requires agencies to maintain Workers’ Compensation insurance. * Third party employers using an unlicensed agency risk a $500 fine. * Increase the registration fee from $250 to $1000 with added $250 for every branch. IDOL is given greater enforcement power through significantly greater monetary penalties for violating the law. Workers are also given the right to pursue justice by privately suing renegade agencies. The law stipulates that workers’ lawyers will be compensated by the defendant if the worker prevails in court. This makes representation of relatively small claims more attractive to lawyers who otherwise would not be able to afford to represent low-wage laborers against their employers. This also makes violating wage and hour or discrimination laws less appealing for employers who have commonly abused workers’ rights with impunity. The hope that workers can gain their day in court either personally or in a class action suit using this rule gives people hope that they can gain justice where before this seemed to be a waste of energy even to consider. Records Day Labor agencies will be required to provide each worker with a statement that specifies where the person is being sent, what the job is, and what he rate of pay is. People only needed for one day will also be given a receipt from the worksite for the hours worked. These requirements are designed to ensure that the laborers have records concerning what pay they should expect when they are given their checks. Prohibition on shifting financial burdens onto the workers At the recommendation of SLWC Worker/Leader, Mark Saulys, the new law stipulates that any worker who is sent to a worksite and is then sent back to the agency by the client because of lack of work will be required to receive four hours pay. Charges from day labor agencies as "finder’s fees" for client companies taking on day laborers as permanent workers will be limited so as not to discourage companies from employing people as regular employees. Retaliation Day labor agencies, their dispatchers, and even their drivers have been known to refuse to provide work for people who complain about the various conditions that the agency places upon them. Strong civil penalties will be available in order for workers to enforce their right to be treated fairly. San Lucas Workers Center has heard story after story of people "fired" by agencies for speaking up for themselves, their fellow workers, or even for filing for unemployment insurance when they have not been sent out to work for long periods. Legal prohibitions against agency or employer retaliation are crucial to a workers’ ability to maintain their dignity on the job. How the Act was Passed SLWC workers also played a key role in getting the legislation passed in Springfield. Initially there was confusion among legislators. Many believed the bill provided sole support to immigrant workers. In order to secure broad support for the measure, SLWC Worker/Leader Mario Johnson worked directly with African American legislators to ensure they fully understood the bill. Johnson said, "It was important to remind legislators that this bill could help all day labor workers, regardless of race or gender." Workers Comment on the New Law SLWC Board Member Mark Saulys stressed that enforcement was the key, “There are some provisions that should be helpful to workers. However, you can pass all the laws you want but without enforcement, what good are they?” SLWC Board Chairman Randy Smith added, “I’m not going to say the law is going to work unless the workers decide to stand up and really let the owners and the client companies know there is a law in place.” The law will take effect January 1, 2006. |
