On Aug. 4, Illinois Gov. JB Pritzker signed HB 2862 into law, significantly amending the Illinois Day and Temporary Labor Services Act. Effective immediately, these amendments provide temporary laborers with strengthened equal pay rights and protection with several new safety and training requirements.

The Equal Pay for Equal Work provisions of the amended act continue Illinois' commitment to maintaining wage transparency and classifying workers as employees, rather than contractors. The amendments place obligations on temp agencies as well as third-party clients that utilize temporary laborers. These include:

• A temporary laborer who is assigned to work at a third-party client for more than 90 calendar days shall be paid no less than the rate of pay and equivalent of benefits of the lowest paid directly hired comparator employee of the third-party client.
• If there is not a directly hired comparator employee, the temporary laborer shall be paid no less than the rate of pay and equivalent benefits of the lowest paid directly hired employee of the third-party client.
• The temp agency may pay the hourly cash equivalent of the actual cost of the benefits, as opposed to providing the benefits.
• Upon request, the third-party client to which a temporary laborer has been assigned for more than 90 calendar days must provide the temp agency with necessary information related to job duties, pay, and benefits of directly hired employees.
• The third-party client's failure to provide the...

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