On Aug. 4, Illinois Governor J.B. Pritzker signed HB 2862, which takes effect immediately. The bill substantially amends the Day and Temporary Labor Services Act, 820 ILCS 175 (the “Act”). The amendments provide expanded rights for qualified temporary and day workers, in addition to requiring increased safety oversight by temporary labor service (staffing) agencies and their third-party clients (“clients”) that utilize day and temporary workers. These amendments will also increase penalties for violations. Notably, the amendments also contain an equal-pay-for-equal-work provision guaranteeing that temporary workers who work more than 90 days for a client must be paid wages and benefits equal to comparable employees directly hired by the client.
The bill is expected to cover most of the estimated 650,000 temporary and day workers in Illinois, as only “employment of a clerical and professional nature” is excluded. Additionally, a labor agency is defined as an “entity engaged in the business of employing day or temporary laborers to provide services, for a fee, to or for any client pursuant to contract with the [labor agency] and the third party client.” Illinois is now the second state in the nation to require that the pay for temporary laborers equal the pay and benefits of their non-temporary counterparts. Illinois now follows suit with New Jersey’s first equal pay mandate. The New Jersey Act took effect on Aug. 5.
Equal Pay for Equal Work Provisions
The amendments...
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