A bill that substantially amends the Illinois Day and Temporary Labor Services Act (DTLSA) to impose expansive new duties on Illinois staffing agencies, and on all employers who rely on temporary and day laborers, has been sent to the governor for signature. Governor J.B. Pritzker is widely expected to sign the bill (HB 2862) into law.
Significant changes the Temp Worker Fairness and Protection Act (TWFPA) would make to DTLSA include the addition of an equal pay provision requiring temporary workers to be paid as much as comparable direct-hire employees, expanded protections for day and temporary laborers, and mandated safety training and notice obligations for temporary staffing agencies and their third-party clients.
HB 2862 is scheduled to become effective July 1, 2023, or upon the governor’s signature, whichever is later.
The TWFPA adds an “equal pay for equal work” provision, providing that a day or temporary laborer assigned to work at a third-party client for more than 90 calendar days must be paid the same rate of pay and equivalent benefits as the lowest paid directly hired employee of the client with the same level of seniority and performing comparative work.
Comparative work means work that requires “substantially similar skill, effort, and responsibility.” If no such comparator exists, the laborer must be paid the rate of pay and equivalent benefits of the lowest paid employee of the client with the closest level of seniority.
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