Section 260.230  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 violations found in the first audit by the Department. [820 ILCS 175/70]

b)         Any violation found after the first audit is subject to a civil penalty of not less than $250 and not more than $7,500. [820 ILCS 175/70]

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 or this Part.  (See 820 ILCS 175/70.)

d)         When determining the amount of a penalty under this Section, 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 day or temporary laborer caused by the violation;

3)         The history of previous violations by the day and temporary labor service agency or third party client;

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;

6)         The size of the employer; and

7)         Any other factor that justice may require.

(Source:  Added at 50 Ill. Reg. 7177, effective April 28, 2026)