Help stop upfront finder's fee from domestic, placement agencies in the state of IL

Help stop upfront finder's fee from domestic, placement agencies in the state of IL

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Paul Hyski started this petition to Refund prohibited upfront fees in full by local authority and

Many private placement agencies charge upfront fees which are prohibited according to IL Attorney General and IL Labor Dept...

Can an agency charge an upfront fee for placement services? No. The agency shall not receive a placement fee until the applicant has accepted a position tendered by the employer. Acceptance means a mutual agreement, verbal or written, between the employee and employer as to starting salary position, time and place of employment - https://www.illinois.gov/idol/FAQs/Pages/Private-Employment-Agency-FAQ.aspx

"Private Employment Agency Act (225 ILCS 515): requires all private employment agencies and employment counselors to acquire licensing from the Department of Labor, prohibits upfront fees and false representations and requires that the applicant be refunded if the applied job was not available"- Does it say that local authority will refund prohibited upfront fees in full?

ftp://www.ilga.gov/jcar/admincode/077/077002450D02140R.html

but state of Illinois does not have any remedies to protect financially abused workers described in Private Employment Agency Act in contrast to state of WI which refund those fees in FULL for registered and unlicensed agencies.

Draft - let's adopt the law from WI. This is time for F/r/EE FUN by correction in legislation Private Employment Agency Act - "If a person acts as an employment agent without the license required under s. ... or after the person’s license is suspended or revoked under s. ..., the department may order the person to refund all fees and charges that the person collected while unlicensed" and " If the agent did not inform worker by written notice in his/her contract who is responsible for taxes, worker's compensation, liability insurance covering injury to the home care worker, etc. ... or misinformed about hourly wages for live-in workers (penalties for no time sheet to the agency). Private, placement employment agencies MUST refund all the fees to the applicant by local authority" or " No agent can charge up front fee for finding employment until the position is accepted by both parties as a mutual agreement in writing". Only deposit is NOT prohibited and can be charge up to 10-15% of the full fee which must be as the same as registered by IL Labor Dept. by "FOIA REQUEST" release to the individual".

Also,"the employment agent shall clearly advise the applicant who is liable for all necessary expenses incurred by the applicant when referred to a position outside the city/state where the agent is located. Failure by the agent to advise the applicant in writing who is responsible for the expenses shall result in the employment agent being liable for the expenses incurred".

The written job description in placement agencies must clearly notify the homecare workers about possible deduction of lodging or allowance for meals, exclude sleeping time in 24 hour period up to 8 hours, etc... understand interpretation of hours worked such as: waiting time or on-call time, rest and meal breaks. In other words, "if the worker’s sleep is interrupted by a call to work, the time interrupted counts as hours worked. If the worker cannot get at least five hours of sleep during the scheduled off-duty period, she/he must be paid for the entire night". 

"In order to deduct sleep time for full-time and relief employees, the employees shall be provided private quarters in a homelike environment. A reasonable agreement shall be reached, in advance, regarding compensable time. The employer and the employee may agree to exclude up to 8 hours per night of uninterrupted sleep time. They may also agree to exclude a period of off-duty time during the day when the employee is completely relieved of all responsibilities. These exclusions shall be the result of an employe-employer agreement and not a unilateral decision of the employer. Such an agreement should normally be in writing to preclude any possible misunderstanding of the terms and conditions of the individual's employment"

Allowance for board and lodging -" Where board or lodging or both are furnished by the employer and accepted and received by a particular employee, an allowance may be made not to exceed the following amounts:

a. Lodging
1. All employees except opportunity and minor employees $58.00 per week or $8.30 per day.

b. Meals
1. All employees except opportunity and minor employees $87.00 per week or $4.15-5.00 per meal.

It is perfect time to stop employment scam from agencies which forced YOU to pay upfront finder’s fee and charge us by cash only. Let them legally charge deposit up to 10-15% of the total amount and collect the rest of the fee after 14-21 days. Also, let Senators finally established charges based on short- (up to 90 days) and long term jobs which are mostly undefined in “FOIA request”

see the sample ...https://www2.illinois.gov/idol/Laws-Rules/legal/Pages/Freedom-of-Information-Act.aspx

and hard to predict for most agencies and senior’s family members. Finally, we stop illegal charges and dis-grace period (up to 30 days only) from employment agencies in this playing field which was partially fix for all homecare workers by IL Governor in 2017.

 "For placement of 3 calendar months or more duration, regarded as a permanent position by both parties, the total fee charged to an applicant for employment may not exceed the following schedule:

 for example: If the length of employment is shorter than 90 days. The agency will make refund of 1 week fee to the worker because the agencies usually charge up to 2 week’s fee for permanent position. If the agency will not pay back in 3 days. The Labor Department will recover 50% of the amount to the worker. Finally, the DISGRACE PERIOD of 30 days will be fix based on agencies excessive fees!

 "The total fee charged to an applicant for employment for temporary placements of less than 3 calendar months may not exceed 18-20% of the wages of the applicant. The total fee charged for a temporary placement may not exceed 50% of the fee charged for a permanent placement.

 If a job applicant accepts employment and thereafter fails to report for work, the gross fee charged to such applicant may not exceed 25% of the maximum fee allowed in this section, provided, however, if the applicant remains with their same employer, the fee may not exceed 50%.

 “No agent shall charge an applicant interest for failure to make payment of fees when due, unless the interest requirement and the interest rate are stated on a written contract signed by the applicant. An agent may include as part of the agency contract a provision that, if an applicant is referred to an employer for a permanent position and fails to get that position, but, within 6 months does secure employment with that employer as a result of the referral, he or she may be liable for the fee to the agency”

Hopefully our Senators will establish “CLEAN HANDS DOCTRINE” based on wage-theft/fees which fully refund our money before and after this doctrine will possibly effect all victimized workers without statute of limitations based on high number of complaints to local authority which must be redone by creative lawmakers in order to fix misleading employment practices -www.nelp.org/wp-content/uploads/2015/03/RightsBeginAtHomeIL.pdf Also, the state of IL need to improve anti-retaliation protection in PEAA  or in other state regulations which are very weak in contrast to state of MA -https://www.mass.gov/files/documents/2018/09/04/dw-notice-2018.pdf 

0 have signed. Let’s get to 100!
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