At a Glance:

This month, Illinois pressed pause on the implementation of one part of the sweeping amendments made to the Illinois Day and Temporary Labor Services Act ("DTLSA" or the "Act"). The "equal pay for equal work" provision — one of many amendments to the DTLSA that Taft previously covered in an alert — requires that day and temporary laborers who work at a client company for more than 90 days receive equal pay and benefits as compared to directly hired employees. This 90-day clock was supposed to start ticking on Aug. 4, 2023. Not anymore. On Nov. 17, the Governor signed House Bill 3641, which delays the implementation and enforcement of this provision until April 1, 2024.

What This Means for Staffing Agencies and Their Client Companies

The equal pay for equal work provision of the DTLSA applies to day and temporary laborers who have worked at a client company for more than 90 days in any 12-month period. Under this most recent Amendment to the Act, the 90-day clock will not begin to run until April 1, 2024.

All other amendments to the DTLSA that took effect on Aug. 4, 2023, remain effective. Accordingly, staffing agencies and the companies who contract with them should continue to work together and with counsel to comply with the Act's provisions, including those regarding safety hazard awareness and training, labor disputes, notice requirements, registration, and record-keeping requirements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.