Ill. Admin. Code tit. 56 § 260.230

Current through Register Vol. 48, No. 25, June 21, 2024

Section 260.230 - [Effective until 1/4/2024] Penalties

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.

Ill. Admin. Code tit. 56, § 260.230

Emergency rule added at 47 Ill. Reg. 12457, effective 8/7/2023, for a maximum of 150 days (EMERGENCY)