Illinois Day and Temporary Labor Services Act Updates

We understand that the recent amendment, HB 2862, to the Illinois Day and Temporary Services Act has raised concerns and questions among many of our clients. We want to assure you that we are here to support you through these changes and provide solutions tailored to your specific needs.

We are committed to supporting you through this legislative shift and ensuring a smooth transition. Our priority is to help minimize any disruptions and provide you with the best solutions for your business.

Please feel free to reach out to your dedicated representative with any immediate questions or concerns. We are here to assist you in any way possible.


Will temporary employees be furloughed after 90 days?

Absolutely not! Our goal is to ensure that hard-working temporary employees continue to contribute to your business beyond the initial 90-day period. Workers assigned to a third-party client for more than ninety calendar days, beginning when the legislation is signed and becomes effective, must receive, from the labor agency, compensation and benefits that are at least equal to those of the lowest-paid directly hired employee of the third-party client who performs similar work at the same level of seniority. If there is no directly hired employee who performs similar work, the worker must be paid and provided with benefits at the rate of the lowest-paid directly hired employee of the third-party client who has the most similar seniority level.

What if we want to hire temporary employees as full-time staff?

If you decide to convert current temps into full-time staff, we can help with the transition process and conversion fees. We understand the value of exceptional talent and provide a seamless process to integrate them into your core team.

Are there alternatives to the changes affecting temporary employees?

Certainly! We offer alternative service options such as Direct Hire and DirectSource placements that bypass the rules impacting temporary employees. These options ensure continuity and flexibility for your workforce needs.

Must third-party clients offer the temporary employee benefits directly?

No. Third-party clients can provide to the staffing agency the hourly cash equivalent of the “actual cost” of benefits instead of providing the benefits directly.

What else do these amendments require of third-party clients?

The amendments impose training and notice requirements on third-party clients as well. Third-party clients need to document and inform the temporary staffing agency of any anticipated job hazards likely to be encountered by the laborer and provide specific safety training tailored to the particular hazards at the client’s worksite.

Does the amendment apply to professional or clerical work?

The Amendments to the Illinois Day and Temporary Labor Services Act do NOT apply to work that is professional or clerical. The Act’s definition of “day and temporary labor” remains unchanged and still refers to “work performed by a day or temporary laborer at a third-party client” but specifically excludes work of a “professional or clerical nature.”