On August 4, 2023, Illinois Governor JB Pritzker signed into law HB 2862, which significantly amends the Illinois Day and Temporary Labor Services Act (the “Act”). The amendments, which took effect immediately, provide most temporary workers with increased equal pay rights and include new safety and training requirements. Shortly thereafter, on August 7, 2023, the Illinois Department of Labor (“IDOL”) adopted emergency rules to provide additional details and clarifications regarding the amendments. It is important to note that the Act does not apply to professional and clerical temporary workers.

Among the most notable changes in HB 2862 and IDOL’s related guidance are:

• Equal pay and benefits. Temporary laborers assigned to work at a third-party company for more than 90 calendar days (whether consecutively or intermittently) within any 12-month period must be paid at least the same wage as the lowest-paid comparable direct-hire employee and must receive equivalent benefits as comparable direct-hire employees. If there is no comparable direct-hire employee, the temporary laborer must be paid at least the same wage and equivalent benefits as the lowest-paid direct-hire employee of the third-party client.

IDOL guidance clarified that the 90-day clock starts to run after HB 2862’s effective date of August 4, 2023. If compensation increases are required to comply with the Act’s requirements, the increased wage will apply as of the temporary laborer’s 91st day working at the...

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