In Illinois, laws relating to farm labor are the Field Sanitation Act, the Illinois Migrant Labor Camp Law, and the Farm Labor Contractor Certification Act. Pursuant to Field Sanitation Act, every farm operation must provide the facilities required by the Act when 10 or more workers are employed[i]. The Act stipulates the design of toilet facilities, hand washing facilities and drinking water facilities. Pursuant to the Act, toilet facilities shall provide privacy and toilet paper. Toilets shall be designed to allow proper ventilation and shall be maintained in a clean and sanitary condition[ii]. Hand washing facilities shall include a supply of potable water, soap, and disposable towels or equivalent drying means[iii]. Potable drinking water shall be provided in covered containers with either drinking fountain attachments or with individual sanitary drinking cups provided[iv]. At least one toilet and hand washing facility shall be provided for every 35 agricultural workers, or fraction thereof. Drinking water shall be supplied in sufficient quantity for all workers for their entire work days[v]. Toilet, hand washing, and drinking water facilities shall be located within 1/4 of a mile from any worker[vi].
Pursuant to 210 ILCS 105/12, the Illinois Department of Public Health is authorized and directed to make random inspections as are necessary to determine satisfactory compliance with the Act and the regulations issued thereunder. The Department shall have the power to enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the Act and the regulations. Upon receipt of a complaint or report of a violation of the Act or of the Department’s regulations, the Department will inspect the farm operation complained of. Any person who violates this Act or the Department’s regulations relating thereto shall be guilty of a petty offense and shall be fined no less than $ 100. The aggrieved worker may file suit in the circuit court having jurisdiction over the location of the farming operation. If the court finds that the farm operator has willfully violated any provision of the Act or any regulation promulgated thereunder, the court may in its discretion issue a restraining order or preliminary injunction, as well as a permanent injunction.
Pursuant to Illinois Migrant Labor Camp Law, a license from the Department of Public Health is required to operate or maintain a Migrant Labor Camp within the State of Illinois. Licenses shall be issued upon a calendar year basis and renewed from year to year upon compliance with the requirements of the Act and payment of the annual license fee[vii]. Application for the original license or any renewal thereof shall be filed in the office of the Director at least 60 days prior to the date on which the occupancy and use of such camp is to commence. The camp shall be ready for inspection at least 30 days prior to the date upon which the occupancy and use of such camp is to commence[viii]. Upon inspection, if the Department finds that the Migrant Labor Camp described in the application meets and complies with the provisions of the Act and the rules and regulations of the Department in relation thereto, the Director shall, not less than 15 days prior to the date on which the occupancy and use of such camp is to commence, issue a license to the applicant for the operation of the camp. If the application is denied, the Department shall notify the applicant in writing of such denial not less than 15 days prior to the date on which the occupancy and use of such camp is to commence, setting forth the reasons therefor. If the conditions constituting the basis for such denial are remediable, the applicant may correct such conditions and notify the Department in writing indicating therein the manner in which such conditions have been remedied. Representatives of the Department shall inspect each migrant labor camp at least one time before the laborers arrive and at least one time while the camp is being used, for the purpose of determining whether or not the camp is being maintained and operated in accordance with this Act and the rules and regulations of the Department relating thereto[ix]. In case the license holder fails to maintain and operate a Migrant Labor Camp in accordance with the provisions of the Act and the rules and regulations of the Department relating thereto, the Department may revoke or suspend the license for the operation and maintenance of such camp. The Department shall assess administrative fines against a person who provides housing for migrant workers for violations of this Act or the rules promulgated under this Act. The Department shall provide written notification of violations and allow a minimum of 10 days for correction before imposing administrative fines[x].
Pursuant to 210 ILCS 110/14, any person who operates or maintains a Migrant Labor Camp without securing a license under the Act or who operates or maintains any Migrant Labor Camp or living quarters in violation of the provisions of the Act or any rules or regulations of the Department relating thereto, shall be guilty of a Class A misdemeanor. Each day’s violation constitutes a separate offense. The State’s Attorney of the county in which the violation occurs may bring an action for an injunction to restrain such violations or to enjoin the operation of any such establishment.
Pursuant to 210 ILCS 110/16, the aggrieved worker may file suit in the Circuit Court having jurisdiction over the location of the labor camp. If the Court finds that the labor camp owner has willfully violated any provision of the Act or any regulation promulgated thereunder, the Court may in its discretion issue a restraining order or preliminary injunction, as well as, a permanent injunction. The Department shall deposit all fees and fines collected under this Act into the Facility Licensing Fund[xi].
Pursuant to Farm Labor Contractor Certification Act, a certificate of registration issued by the Director is required to act as a farm labor contractor[xii]. The certificate is valid for one year from the date of issuance[xiii]. 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 has been convicted of violating any provisions of State or federal law or knowingly made any misrepresentations in connection with an application for a certificate or knowingly gave false or misleading information to farm workers concerning the terms, conditions or existence of employment[xiv]. 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.
Pursuant to § 225 ILCS 505/9, a farm labor contractor shall recruit farm workers only after filing a statement with the Department of Labor , containing information such as the location of employment, wages, crops and operations involved, period of employment, and transportation, housing and insurance to be provided to the farm worker.
Pursuant to 225 ILCS 505/13, a person who does business as a farm labor contractor, without having been issued a certificate of registration, 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. 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. Any person who violates any other provision of the Act is guilty of a Class B misdemeanor.
Pursuant to 225 ILCS 505/14 persons claiming to be aggrieved by the misconduct of any farm labor contractor may bring suit for violations of any provision of the Act or any regulation prescribed hereunder in any court of competent jurisdiction for equitable relief, damages and costs. Damages shall be limited to actual damages or $ 500 per violation, whichever is greater.
[i] 210 ILCS 105/4.
[ii] 210 ILCS 105/5.
[iii] 210 ILCS 105/6.
[iv] 210 ILCS 105/7.
[v] 210 ILCS 105/8.
[vi] 210 ILCS 105/9.
[vii] 210 ILCS 110/3.
[viii] 210 ILCS 110/4.
[ix] 210 ILCS 110/6.
[x] 210 ILCS 110/11.
[xi] 210 ILCS 110/18.
[xii] 225 ILCS 505/3.
[xiii] 225 ILCS 505/4.
[xiv] 225 ILCS 505/6.
