LawFlash
August 30, 2023
Illinois recently issued legislation expanding the information sharing and safety training obligations of companies that contract with day and temporary labor service agencies.
On August 4, 2023, Illinois enacted House Bill 2862, which amends the Day and Temporary Labor Services Act (the Act), effective July 1, 2023, to strengthen the rights and safety protections of day and temporary workers. On August 7, 2023, the Illinois Department of Labor (IDOL) issued Emergency Rules amending the Act’s implementing regulations, and on August 18, 2023, IDOL published Proposed Permanent Rules that would do the same. The Proposed Rules largely mirror the Emergency Rules, with some additional provisions, including further recordkeeping obligations for third-party clients with respect to day and temporary workers.
NO CHANGE TO DEFINITION OF ‘DAY AND TEMPORARY LABOR’
Importantly, the amendment does not change the Act’s definition of “day and temporary labor,” which specifically excludes “labor or employment of a clerical or professional nature.” “Professional” is defined in the Illinois Administrative Code (Ill. Admin Code. Tit. 56, Sec. 160.100) as “any person who meets the duties test of a professional under 29 CFR 541.3 as of March 30, 2003,” including “any employee engaged in work predominantly intellectual and varied in character, rather than routine mental, manual, mechanical or physical work.”
Accordingly, the scope of the Act is limited to the type of...
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