Governor J.B. Pritzker signed into law HB 2862 (Amendment) on August 4, 2023, which amends the Illinois Day and Labor Services Act (Act) by adding new equal pay obligations and safety and training requirements for employers who hire temporary workers and for staffing agencies that place them—all of which are effective immediately.
The Amendment includes several significant changes. It mandates equal pay for equal work performed by temporary workers who are assigned to a third-party client for more than 90 days. The Amendment requires staffing agencies to inquire into those third-party clients’ safety trainings, health practices, and work site hazards to assess worker tasks and safety conditions. It also requires temporary workers to be informed of any work site “labor trouble” at or before the time of placement, and it greatly expands both the penalties and the number of persons who may file suit under the Act. The most important changes are outlined below.
Equal Pay and Benefits
The Amendment includes a new wage-matching requirement of which both staffing agencies and employers who hire temporary workers must be keenly aware. Temporary workers assigned to a client for more than 90 days must be provided with at least the same rate of pay and equivalent benefits as the lowest paid “comparative employee,” which the Amendment specifies as a directly hired employee performing the same or substantially similar work under similar conditions and at the same level of seniority....
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