On May 19, 2023, both Houses of the Illinois General Assembly passed HB2862, which amends the Day and Temporary Labor Services Act, 820 ILCS 175/. On June 16, 2023, the bill was sent to the Governor, with an effective date that is the later of July 1, 2023, or the date it is signed by the Governor. If the Governor has not signed or vetoed the bill by August 15, 2023, it will become law automatically.

The bill makes significant changes to the Act that will impact both staffing agencies that employ day or temporary laborers and the clients who engage their services. As detailed below, the amendment:

• Requires that laborers assigned to a client for more than 90 calendar days receive “equal pay for equal work,” including benefits, as compared to direct employees of the client, and that clients share information with the staffing agency sufficient to ensure that requirement is met.
• Requires notice to laborers when the assignment is to a site experiencing a strike, lockout, or “other labor trouble.”
• Requires staffing agencies to make inquiries about safety at the client worksite, advise the client of any existing job hazards, provide training to its laborers placed on assignment, and provide information about the training to its client.
• Requires clients to disclose information about anticipated job hazards, review the staffing agency’s training, provide training tailored to the site, and permit the agency to visit the site to observe safety practices.
• Increases fees charged to...

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