SB3744 DAY&TEMPORARY LABOR SERVICES | Illinois Bill

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3744

Introduced 2/5/2026, by Sen. Dale Fowler

SYNOPSIS AS INTRODUCED:

820 ILCS 175/2
820 ILCS 175/2a new
820 ILCS 175/5
820 ILCS 175/5a new
820 ILCS 175/11
820 ILCS 175/30
820 ILCS 175/30a new
820 ILCS 175/42
820 ILCS 175/45
820 ILCS 175/45a new
820 ILCS 175/50
820 ILCS 175/50a new
820 ILCS 175/55
820 ILCS 175/55a new
820 ILCS 175/67
820 ILCS 175/70
820 ILCS 175/70a new
820 ILCS 175/85
820 ILCS 175/85a new

Amends the Day and Temporary Labor Services Act by restoring certain
provisions of the Act to the form in which they existed before their
amendment by Public Act 103-427 through December 31, 2027. Makes the
amendatory provisions to the Act that were made by Public Act 103-427
operative on and after January 1, 2028. Effective immediately.
LRB104 18602 SPS 32045 b

A BILL FOR

SB3744
LRB104 18602 SPS 32045 b
1

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

Section 5.
The Day and Temporary Labor Services Act is
5
amended by changing Sections 2, 5, 11, 30, 42, 45, 50, 55, 67,
6
70, and 85 and by adding Sections 2a, 5a, 30a, 45a, 50a, 55a,
7
70a, and 85a as follows:

(820 ILCS 175/2)
9

Sec. 2.
Legislative findings.

(a)
The General Assembly finds as follows:
11

Since the passage of this Act, the number of workers who
12
work as day or temporary laborers in Illinois has risen from
13
approximately 300,000 to more than 650,000 according to data
14
collected by the Department of Labor.
15

Since the passage of this Act, the number of day labor and
16
temporary labor service agencies registered in Illinois has
17
risen from approximately 150 with 600 branch offices to over
18
300 with over 800 branch offices. In addition, there still
19
exists a significant, though unknown, number of unregistered
20
day labor and temporary labor service agencies that operate
21
outside the radar of law enforcement.
22

Recent studies and a survey of low-wage day or temporary
23
laborers themselves have consistently found that as a group,

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LRB104 18602 SPS 32045 b
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they are particularly vulnerable to abuse of their labor
2
rights, including unpaid wages, failure to pay for all hours
3
worked, minimum wage and overtime violations, and unlawful
4
deductions from pay for meals, transportation, equipment, and
5
other items.
6

Current law is inadequate to protect the labor and
7
employment rights of these workers.
8

At the same time, in Illinois and in other states,
9
democratically run nonprofit day labor centers, which charge
10
no fee for their services, have been established to provide an
11
alternative for day or temporary laborers to solicit work on
12
street corners. These centers are not subject to this Act.
13

(b) This Section is inoperative through December 31, 2027.
14
This Section is operative on and after January 1, 2028.

15
(Source: P.A. 103-437, eff. 8-4-23.)

(820 ILCS 175/2a new)
17

Sec. 2a.
Legislative findings.
18

(a) The General Assembly finds as follows:
19

Over 300,000 workers work as day or temporary laborers in
20
Illinois.
21

Approximately 150 day labor and temporary labor service
22
agencies with nearly 600 branch offices are licensed
23
throughout Illinois. In addition, there is a large, though
24
unknown, number of unlicensed day labor and temporary labor
25
service agencies that operate outside the radar of law

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LRB104 18602 SPS 32045 b
1
enforcement.
2

Recent studies and a survey of low-wage day or temporary
3
laborers themselves finds that as a group, they are
4
particularly vulnerable to abuse of their labor rights,
5
including unpaid wages, failure to pay for all hours worked,
6
minimum wage and overtime violations, and unlawful deductions
7
from pay for meals, transportation, equipment, and other
8
items.
9

Current law is inadequate to protect the labor and
10
employment rights of these workers.
11

At the same time, in Illinois and in other states,
12
democratically run nonprofit day labor centers, which charge
13
no fee for their services, have been established to provide an
14
alternative for day or temporary laborers to solicit work on
15
street corners. These centers are not subject to this Act.
16

(b) This Section is repealed on January 1, 2028.

(820 ILCS 175/5)
18

Sec. 5.
Definitions.

(a)
As used in this Act:
20

"Applicant" means a natural person who seeks a work
21
assignment at a day and temporary labor service agency.
22

"Day or temporary laborer" means a natural person who
23
contracts for employment with a day and temporary labor
24
service agency.
25

"Day and temporary labor" means work performed by a day or

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temporary laborer at a third party client, the duration of
2
which may be specific or undefined, pursuant to a contract or
3
understanding between the day and temporary labor service
4
agency and the third party client. "Day and temporary labor"
5
does not include labor or employment of a professional or
6
clerical nature.
7

"Day and temporary labor service agency" means any person
8
or entity engaged in the business of employing day or
9
temporary laborers to provide services, for a fee, to or for
10
any third party client pursuant to a contract with the day and
11
temporary labor service agency and the third party client.
12
"Day and temporary labor service agency" does not include a
13
person or entity who employs laborers that require specialized
14
training or education, including, but not limited to, machine
15
operators, machine maintenance technicians, or quality
16
technicians. "Day and temporary labor service agency" does not
17
include a staffing and recruiting agency.

"Department" means the Department of Labor.
19

"Interested party" means an organization that monitors or
20
is attentive to compliance with public or worker safety laws,
21
wage and hour requirements, or other statutory requirements.
22

"Labor dispute" means any controversy concerning wages,
23
hours, terms, or conditions of employment.
24

"Third party client" means any person that contracts with
25
a day and temporary labor service agency for obtaining day or
26
temporary laborers.

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"Person" means every natural person, firm, partnership,
2
co-partnership, limited liability company, corporation,
3
association, business trust, or other legal entity, or its
4
legal representatives, agents, or assigns.
5

"Staffing and recruiting agency" means any person or
6
entity that recruits, screens, interviews, and assesses
7
individuals for project, contract-to-hire, and direct hire
8
positions.

(b) This Section is inoperative through December 31, 2027.
10
This Section is operative on and after January 1, 2028.

11
(Source: P.A. 103-437, eff. 8-4-23; 103-1030, eff. 8-9-24.)

(820 ILCS 175/5a new)
13

Sec. 5a.
Definitions.
14

(a) As used in this Act:
15

"Day or temporary laborer" means a natural person who
16
contracts for employment with a day and temporary labor
17
service agency.
18

"Day and temporary labor" means work performed by a day or
19
temporary laborer at a third party client, the duration of
20
which may be specific or undefined, pursuant to a contract or
21
understanding between the day and temporary labor service
22
agency and the third party client. "Day and temporary labor"
23
does not include labor or employment of a professional or
24
clerical nature.
25

"Day and temporary labor service agency" means any person

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or entity engaged in the business of employing day or
2
temporary laborers to provide services, for a fee, to or for
3
any third party client pursuant to a contract with the day and
4
temporary labor service agency and the third party client.
5

"Department" means the Department of Labor.
6

"Third party client" means any person that contracts with
7
a day and temporary labor service agency for obtaining day or
8
temporary laborers.
9

"Person" means every natural person, firm, partnership,
10
co-partnership, limited liability company, corporation,
11
association, business trust, or other legal entity, or its
12
legal representatives, agents, or assigns.

(b) This Section is repealed on January 1, 2028.

(820 ILCS 175/11)
15

Sec. 11.
Right to refuse assignment to a labor dispute.
16

(a) No day and temporary labor service agency may send a
17
day or temporary laborer to a place where a strike, lockout, or
18
work stoppage exists because of a labor dispute or where a
19
picket, bannering, or handbilling exists because of a labor
20
dispute without providing, at or before the time of dispatch,
21
a statement, in writing and in a language that the day and
22
temporary laborer understands, informing the day or temporary
23
laborer of the labor dispute and the day or temporary
24
laborer's right to refuse the assignment without prejudice to
25
receiving another assignment.

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(b) The failure by a day and temporary labor service
2
agency to provide any of the information required by this
3
Section shall constitute a notice violation under Section 95.
4
The failure of a day and temporary labor service agency to
5
provide each piece of information required by this Section at
6
each time it is required by this Section shall constitute a
7
separate and distinct notice violation. If a day and temporary
8
labor service agency claims that it has provided a notice as
9
required under this Section electronically, the day and
10
temporary labor service agency shall bear the burden of
11
showing that the notice was provided if there is a dispute.
12

14
(Source: P.A. 103-437, eff. 8-4-23; 103-1030, eff. 8-9-24.)

(820 ILCS 175/30)
16

Sec. 30.
Wage payment and notice.

(a) At the time of payment of wages, a day and temporary
18
labor service agency shall provide each day or temporary
19
laborer with a detailed itemized statement, on the day or
20
temporary laborer's paycheck stub or on a form approved by the
21
Department, listing the following:
22

(1) the name, address, and telephone number of each
23

third party client at which the day or temporary laborer
24

worked. If this information is provided on the day or
25

temporary laborer's paycheck stub, a code for each third

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1

party client may be used so long as the required
2

information for each coded third party client is made
3

available to the day or temporary laborer;
4

(2) the number of hours worked by the day or temporary
5

laborer at each third party client each day during the pay
6

period. If the day or temporary laborer is assigned to
7

work at the same work site of the same third party client
8

for multiple days in the same work week, the day and
9

temporary labor service agency may record a summary of
10

hours worked at that third party client's worksite so long
11

as the first and last day of that work week are identified
12

as well. The term "hours worked" has the meaning ascribed
13

to that term in 56 Ill. Adm. Code 210.110 and in accordance
14

with all applicable rules or court interpretations under
15

56 Ill. Adm. Code 210.110;
16

(3) the rate of payment for each hour worked,
17

including any premium rate or bonus;
18

(4) the total pay period earnings;
19

(5) all deductions made from the day or temporary
20

laborer's compensation made either by the third party
21

client or by the day and temporary labor service agency,
22

and the purpose for which deductions were made, including
23

for the day or temporary laborer's transportation, food,
24

equipment, withheld income tax, withheld social security
25

payments, and every other deduction; and
26

(6) any additional information required by rules

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issued by the Department.
2

(a-1) For each day or temporary laborer who is contracted
3
to work a single day, the third party client shall, at the end
4
of the work day, provide such day or temporary laborer with a
5
Work Verification Form, approved by the Department, which
6
shall contain the date, the day or temporary laborer's name,
7
the work location, and the hours worked on that day. Any third
8
party client who violates this subsection (a-1) may be subject
9
to a civil penalty of not less than $100 and not more than
10
$1,500 for each violation found by the Department. Such civil
11
penalty shall increase to not less than $500 and not more than
12
$7,500 for a second or subsequent violation. For purposes of
13
this subsection (a-1), each violation of this subsection (a-1)
14
for each day or temporary laborer and for each day the
15
violation continues shall constitute a separate and distinct
16
violation.
17

(b) A day and temporary labor service agency shall provide
18
each worker an annual earnings summary within a reasonable
19
time after the preceding calendar year, but in no case later
20
than February 1. A day and temporary labor service agency
21
shall, at the time of each wage payment, give notice to day or
22
temporary laborers of the availability of the annual earnings
23
summary or post such a notice in a conspicuous place in the
24
public reception area.
25

(c) At the request of a day or temporary laborer, a day and
26
temporary labor service agency shall hold the daily wages of

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1
the day or temporary laborer and make either weekly,
2
bi-weekly, or semi-monthly payments. The wages shall be paid
3
in a single check, or, at the day or temporary laborer's sole
4
option, by direct deposit or other manner approved by the
5
Department, representing the wages earned during the period,
6
either weekly, bi-weekly, or semi-monthly, designated by the
7
day or temporary laborer in accordance with the Illinois Wage
8
Payment and Collection Act. Vouchers or any other method of
9
payment which is not generally negotiable shall be prohibited
10
as a method of payment of wages. Day and temporary labor
11
service agencies that make daily wage payments shall provide
12
written notification to all day or temporary laborers of the
13
right to request weekly, bi-weekly, or semi-monthly checks.
14
The day and temporary labor service agency may provide this
15
notice by conspicuously posting the notice at the location
16
where the wages are received by the day or temporary laborers.
17

(d) No day and temporary labor service agency shall charge
18
any day or temporary laborer for cashing a check issued by the
19
agency for wages earned by a day or temporary laborer who
20
performed work through that agency. No day and temporary labor
21
service agency or third party client shall charge any day or
22
temporary laborer for the expense of conducting any consumer
23
report, as that term is defined in the Fair Credit Reporting
24
Act, 15 U.S.C. 1681a(d), any criminal background check of any
25
kind, or any drug test of any kind.
26

(e) Day or temporary laborers shall be paid no less than

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1
the wage rate stated in the notice as provided in Section 10 of
2
this Act for all the work performed on behalf of the third
3
party client in addition to the work listed in the written
4
description.
5

(f) The total amount deducted for meals, equipment, and
6
transportation may not cause a day or temporary laborer's
7
hourly wage to fall below the State or federal minimum wage.
8
However, a day and temporary labor service agency may deduct
9
the actual market value of reusable equipment provided to the
10
day or temporary laborer by the day and temporary labor
11
service agency which the day or temporary laborer fails to
12
return, if the day or temporary laborer provides a written
13
authorization for such deduction at the time the deduction is
14
made.
15

(g) A day or temporary laborer who is contracted by a day
16
and temporary labor service agency to work at a third party
17
client's worksite but is not utilized by the third party
18
client shall be paid by the day and temporary labor service
19
agency for a minimum of 4 hours of pay at the agreed upon rate
20
of pay. However, in the event the day and temporary labor
21
service agency contracts the day or temporary laborer to work
22
at another location during the same shift, the day or
23
temporary laborer shall be paid by the day and temporary labor
24
service agency for a minimum of 2 hours of pay at the agreed
25
upon rate of pay.
26

(h) A third party client is required to pay wages and

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1
related payroll taxes to a licensed day and temporary labor
2
service agency for services performed by the day or temporary
3
laborer for the third party client according to payment terms
4
outlined on invoices, service agreements, or stated terms
5
provided by the day and temporary labor service agency. A
6
third party client who fails to comply with this subsection
7
(h) is subject to the penalties provided in Section 70 of this
8
Act. The Department shall review a complaint filed by a
9
licensed day and temporary labor agency. The Department shall
10
review the payroll and accounting records of the day and
11
temporary labor service agency and the third party client for
12
the period in which the violation of this Act is alleged to
13
have occurred to determine if wages and payroll taxes have
14
been paid to the agency and that the day or temporary laborer
15
has been paid the wages owed him or her.
16

(i) This Section is inoperative through December 31, 2027.
17
This Section is operative on and after January 1, 2028.

18
(Source: P.A. 103-437, eff. 8-4-23.)

(820 ILCS 175/30a new)
20

Sec. 30a.
Wage Payment and Notice.

(a) At the time of payment of wages, a day and temporary
22
labor service agency shall provide each day or temporary
23
laborer with a detailed itemized statement, on the day or
24
temporary laborer's paycheck stub or on a form approved by the
25
Department, listing the following:

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LRB104 18602 SPS 32045 b
1

(1) the name, address, and telephone number of each
2

third party client at which the day or temporary laborer
3

worked. If this information is provided on the day or
4

temporary laborer's paycheck stub, a code for each third
5

party client may be used so long as the required
6

information for each coded third party client is made
7

available to the day or temporary laborer;
8

(2) the number of hours worked by the day or temporary
9

laborer at each third party client each day during the pay
10

period. If the day or temporary laborer is assigned to
11

work at the same work site of the same third party client
12

for multiple days in the same work week, the day and
13

temporary labor service agency may record a summary of
14

hours worked at that third party client's worksite so long
15

as the first and last day of that work week are identified
16

as well. The term "hours worked" has the meaning ascribed
17

to that term in 56 Ill. Adm. Code 210.110 and in accordance
18

with all applicable rules or court interpretations under
19

56 Ill. Adm. Code 210.110;
20

(3) the rate of payment for each hour worked,
21

including any premium rate or bonus;
22

(4) the total pay period earnings;
23

(5) all deductions made from the day or temporary
24

laborer's compensation made either by the third party
25

client or by the day and temporary labor service agency,
26

and the purpose for which deductions were made, including

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LRB104 18602 SPS 32045 b
1

for the day or temporary laborer's transportation, food,
2

equipment, withheld income tax, withheld social security
3

payments, and every other deduction; and
4

(6) any additional information required by rules
5

issued by the Department.
6

(a-1) For each day or temporary laborer who is contracted
7
to work a single day, the third party client shall, at the end
8
of the work day, provide such day or temporary laborer with a
9
Work Verification Form, approved by the Department, which
10
shall contain the date, the day or temporary laborer's name,
11
the work location, and the hours worked on that day. Any third
12
party client who violates this subsection (a-1) may be subject
13
to a civil penalty not to exceed $500 for each violation found
14
by the Department. Such civil penalty may increase to $2,500
15
for a second or subsequent violation. For purposes of this
16
subsection (a-1), each violation of this subsection (a-1) for
17
each day or temporary laborer and for each day the violation
18
continues shall constitute a separate and distinct violation.

(b) A day and temporary labor service agency shall provide
20
each worker an annual earnings summary within a reasonable
21
time after the preceding calendar year, but in no case later
22
than February 1. A day and temporary labor service agency
23
shall, at the time of each wage payment, give notice to day or
24
temporary laborers of the availability of the annual earnings
25
summary or post such a notice in a conspicuous place in the
26
public reception area.

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LRB104 18602 SPS 32045 b
1

(c) At the request of a day or temporary laborer, a day and
2
temporary labor service agency shall hold the daily wages of
3
the day or temporary laborer and make either weekly,
4
bi-weekly, or semi-monthly payments. The wages shall be paid
5
in a single check, or, at the day or temporary laborer's sole
6
option, by direct deposit or other manner approved by the
7
Department, representing the wages earned during the period,
8
either weekly, bi-weekly, or semi-monthly, designated by the
9
day or temporary laborer in accordance with the Illinois Wage
10
Payment and Collection Act. Vouchers or any other method of
11
payment which is not generally negotiable shall be prohibited
12
as a method of payment of wages. Day and temporary labor
13
service agencies that make daily wage payments shall provide
14
written notification to all day or temporary laborers of the
15
right to request weekly, bi-weekly, or semi-monthly checks.
16
The day and temporary labor service agency may provide this
17
notice by conspicuously posting the notice at the location
18
where the wages are received by the day or temporary laborers.
19

(d) No day and temporary labor service agency shall charge
20
any day or temporary laborer for cashing a check issued by the
21
agency for wages earned by a day or temporary laborer who
22
performed work through that agency. No day and temporary labor
23
service agency or third party client shall charge any day or
24
temporary laborer for the expense of conducting any consumer
25
report, as that term is defined in the Fair Credit Reporting
26
Act, 15 U.S.C. 1681a(d), any criminal background check of any

SB3744
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LRB104 18602 SPS 32045 b
1
kind, or any drug test of any kind.
2

(e) Day or temporary laborers shall be paid no less than
3
the wage rate stated in the notice as provided in Section 10 of
4
this Act for all the work performed on behalf of the third
5
party client in addition to the work listed in the written
6
description.
7

(f) The total amount deducted for meals, equipment, and
8
transportation may not cause a day or temporary laborer's
9
hourly wage to fall below the State or federal minimum wage.
10
However, a day and temporary labor service agency may deduct
11
the actual market value of reusable equipment provided to the
12
day or temporary laborer by the day and temporary labor
13
service agency which the day or temporary laborer fails to
14
return, if the day or temporary laborer provides a written
15
authorization for such deduction at the time the deduction is
16
made.
17

(g) A day or temporary laborer who is contracted by a day
18
and temporary labor service agency to work at a third party
19
client's worksite but is not utilized by the third party
20
client shall be paid by the day and temporary labor service
21
agency for a minimum of 4 hours of pay at the agreed upon rate
22
of pay. However, in the event the day and temporary labor
23
service agency contracts the day or temporary laborer to work
24
at another location during the same shift, the day or
25
temporary laborer shall be paid by the day and temporary labor
26
service agency for a minimum of 2 hours of pay at the agreed

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upon rate of pay.

(h) A third party client is required to pay wages and
3
related payroll taxes to a licensed day and temporary labor
4
service agency for services performed by the day or temporary
5
laborer for the third party client according to payment terms
6
outlined on invoices, service agreements, or stated terms
7
provided by the day and temporary labor service agency. A
8
third party client who fails to comply with this subsection
9
(h) is subject to the penalties provided in Section 70 of this
10
Act. The Department shall review a complaint filed by a
11
licensed day and temporary labor agency. The Department shall
12
review the payroll and accounting records of the day and
13
temporary labor service agency and the third party client for
14
the period in which the violation of this Act is alleged to
15
have occurred to determine if wages and payroll taxes have
16
been paid to the agency and that the day or temporary laborer
17
has been paid the wages owed him or her.

(i) This Section is repealed on January 1, 2028.

(820 ILCS 175/42)
20

Sec. 42.
Equal pay for equal work.
21

(a) A day and temporary labor service agency shall pay a
22
day or temporary laborer who is assigned to work and performs
23
work at the same third party client for more than 720 hours
24
within a 12-month period, beginning on or after April 1, 2024,
25
in accordance with one of the following methods:

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(1) Third party client employee compensation as a
2

basis for compensation. The day or temporary laborer shall
3

be paid as follows:
4

(A) if there is a directly hired comparator
5

employee of the third party client with the same or
6

substantially similar level of seniority at the
7

company and performing the same or substantially
8

similar work on jobs the performance of which requires
9

substantially similar skill, effort, and
10

responsibility, and that are performed under similar
11

working conditions, not less than the straight-time
12

hourly rate of pay or hourly equivalent of the lowest
13

paid directly hired comparator employee of the third
14

party client who is entitled to overtime under the
15

Fair Labor Standards Act of 1938, as amended, with the
16

same or substantially similar level of seniority at
17

the company and performing the same or substantially
18

similar work on jobs the performance of which requires
19

substantially similar skill, effort, and
20

responsibility, and that are performed under similar
21

working conditions; or
22

(B) if there is not a directly hired comparator
23

employee of the third party client, not less than the
24

straight-time hourly rate of pay or hourly equivalent
25

of the lowest paid directly hired employee of the
26

third party client who is entitled to overtime under

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the Fair Labor Standards Act of 1938, as amended, with
2

the closest level of seniority at the third party
3

client.
4

(2) Bureau of Labor Statistics data as a basis for
5

compensation. At the sole discretion of the third party
6

client, the day or temporary laborer shall be paid as
7

follows:
8

(A) if a day or temporary laborer has been
9

assigned to work and performs work at the same third
10

party client for more than 720 hours within a 12-month
11

period, not less than the median base hourly rate, or
12

hourly equivalent if paid on a salary basis, of
13

workers working in the same or a substantially similar
14

job classification, as reflected in the detail level
15

of the most recent Standard Occupational
16

Classification System published by the United States
17

Department of Labor's Bureau of Labor Statistics, in
18

the same metropolitan area or non-metropolitan area of
19

Illinois where the work is performed, as reflected in
20

the most recent Occupational Employment and Wage
21

Statistics Survey, or any successor publication,
22

published by the United States Department of Labor's
23

Bureau of Labor Statistics; or
24

(B) if a day or temporary laborer has been
25

assigned to work and performs work at the same third
26

party client for more than 4,160 hours within a

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48-month period, not less than the 75th percentile
2

base hourly rate, or hourly equivalent if paid on a
3

salary basis, of workers working in the same or
4

substantially similar job classification, as reflected
5

in the detail level of the most recent Standard
6

Occupational Classification System published by the
7

United States Department of Labor's Bureau of Labor
8

Statistics, in the same metropolitan area or
9

non-metropolitan area of Illinois where the work is
10

performed, as reflected in the most recent
11

Occupational Employment and Wage Statistics Survey, or
12

any successor publication, published by the United
13

States Department of Labor's Bureau of Labor
14

Statistics.
15

The Department shall provide on its website a link to
16

the publications specified in this paragraph and a link to
17

the United States Department of Labor's guidance on
18

determining standard occupational classifications.
19

(b)
(Blank).

A day and temporary labor agency shall
20
provide a day or temporary laborer who is assigned to work and
21
performs work at the same third party client for more than 720
22
hours within a 12-month period, beginning on or after April 1,
23
2024, substantially similar benefits to the job classification
24
of employees performing the same or substantially similar work
25
on jobs and performed under similar working conditions. A day
26
and temporary labor service agency may pay the hourly average

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cash equivalent of the actual cost of the benefits the third
2
party client provides the applicable directly hired employees
3
in lieu of benefits required under this subsection.
4

(c) Upon request, a third party client to which a day or
5
temporary laborer has been assigned to work and performed work
6
for more than 720 hours within a 12-month period or 4,160 hours
7
within a 48-month period shall be obligated to timely provide
8
the day and temporary labor service agency with all necessary
9
information related to job duties, working conditions, pay,
10
and
seniority
, and benefits
it provides to the applicable
11
classification of directly hired employees necessary for the
12
day and temporary labor service agency to comply with this
13
Section. Upon receipt of the accurate and complete information
14
described in this subsection from the third party client, it
15
shall be the responsibility and duty of the day and temporary
16
labor service agency to calculate and determine the
17
straight-time hourly rate of pay
and the benefits
it shall
18
offer to the day or temporary laborer
, including any cash
19
equivalent
. The failure by a third party client to provide any
20
of the information required under this Section shall
21
constitute a notice violation by the third party client under
22
Section 95. For purposes of this Section, the day and
23
temporary labor service agency shall be considered a person
24
aggrieved as described in Section 95.
25

(d) For purposes of this Section, "seniority" means the
26
number of calendar months a day or temporary laborer has been

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assigned to and worked at the third party client compared to
2
the number of calendar months a directly hired comparator
3
employee has been employed by the third party client.
4

(e) This Section is inoperative through December 31, 2027.
5
This Section is operative on and after January 1, 2028.

6
(Source: P.A. 103-437, eff. 8-4-23; 103-564, eff. 11-17-23;
7
103-1030, eff. 8-9-24.)

(820 ILCS 175/45)
9

Sec. 45.
Registration; Department of Labor.
10

(a) A day and temporary labor service agency which is
11
located, operates or transacts business within this State
12
shall register with the Department of Labor in accordance with
13
rules adopted by the Department for day and temporary labor
14
service agencies and shall be subject to this Act and any rules
15
adopted under this Act. Each day and temporary labor service
16
agency shall provide proof of an employer account number
17
issued by the Department of Employment Security for the
18
payment of unemployment insurance contributions as required
19
under the Unemployment Insurance Act, and proof of valid
20
workers' compensation insurance in effect at the time of
21
registration covering all of its employees. If, at any time, a
22
day and temporary labor service agency's workers' compensation
23
insurance coverage lapses, the agency shall have an
24
affirmative duty to report the lapse of such coverage to the
25
Department and the agency's registration shall be suspended

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until the agency's workers' compensation insurance is
2
reinstated. The Department may assess each day and temporary
3
labor service agency a non-refundable registration fee not
4
exceeding $3,000 per year per agency and a non-refundable fee
5
not to exceed $750 for each branch office or other location
6
where the agency regularly contracts with day or temporary
7
laborers for services. The fee may be paid by check, money
8
order, or the State Treasurer's E-Pay program or any successor
9
program, and the Department may not refuse to accept a check on
10
the basis that it is not a certified check or a cashier's
11
check. The Department may charge an additional fee to be paid
12
by a day and temporary labor service agency if the agency, or
13
any person on the agency's behalf, issues or delivers a check
14
to the Department that is not honored by the financial
15
institution upon which it is drawn. The Department shall also
16
adopt rules for violation hearings and penalties for
17
violations of this Act or the Department's rules in
18
conjunction with the penalties set forth in this Act.
19

(a-1) At the time of registration with the Department of
20
Labor each year, the day and temporary labor service agency
21
shall submit to the Department of Labor a report containing
22
the information identified in paragraph (9) of subsection (a)
23
of Section 12, broken down by branch office, in the aggregate
24
for all day or temporary laborers assigned within Illinois and
25
subject to this Act during the preceding year. This
26
information shall be submitted on a form created by the

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Department of Labor. The Department of Labor shall aggregate
2
the information submitted by all registering day and temporary
3
labor service agencies by removing identifying data and shall
4
have the information available to the public only on a
5
municipal and county basis. As used in this paragraph,
6
"identifying data" means any and all information that: (i)
7
provides specific information on individual worker identity;
8
(ii) identifies the service agency in any manner; and (iii)
9
identifies clients utilizing the day and temporary labor
10
service agency or any other information that can be traced
11
back to any specific registering day and temporary labor
12
service agency or its client. The information and reports
13
submitted to the Department of Labor under this subsection by
14
the registering day and temporary labor service agencies are
15
exempt from inspection and copying under Section 7.5 of the
16
Freedom of Information Act.
17

(b) It is a violation of this Act to operate a day and
18
temporary labor service agency without first registering with
19
the Department in accordance with subsection (a) of this
20
Section. The Department shall create and maintain at regular
21
intervals on its website, accessible to the public: (1) a list
22
of all registered day and temporary labor service agencies in
23
the State whose registration is in good standing; (2) a list of
24
day and temporary labor service agencies in the State whose
25
registration has been suspended, including the reason for the
26
suspension, the date the suspension was initiated, and the

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date, if known, the suspension is to be lifted; and (3) a list
2
of day and temporary labor service agencies in the State whose
3
registration has been revoked, including the reason for the
4
revocation and the date the registration was revoked. The
5
Department has the authority to assess a penalty against any
6
day and temporary labor service agency that fails to register
7
with the Department of Labor in accordance with this Act or any
8
rules adopted under this Act of $500 for each violation. Each
9
day during which a day and temporary labor service agency
10
operates without registering with the Department shall be a
11
separate and distinct violation of this Act.
12

(c) A day and temporary labor service agency applying for
13
registration with the Department is not eligible to register
14
to operate a day and temporary labor service agency under this
15
Act if the day and temporary labor service agency applying for
16
registration with the Department or any of its officers,
17
directors, partners, or managers or any owner of 25% or
18
greater beneficial interest:
19

(1) has been involved, as owner, officer, director,
20

partner, or manager, of any day and temporary labor
21

service agency whose registration has been revoked or has
22

been suspended without being reinstated within the 5 years
23

immediately preceding the filing of the application; or
24

(2) is under the age of 18.
25

(d) Every agency shall post and keep posted at each
26
location, in a position easily accessible to all day or

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temporary laborers, notices as supplied and required by the
2
Department containing a copy or summary of the provisions of
3
the Act and a notice which informs the public of a toll-free
4
telephone number for day or temporary laborers and the public
5
to file wage dispute complaints and other alleged violations
6
by day and temporary labor service agencies. Every day and
7
temporary labor service agency employing day or temporary
8
laborers who communicate with the day and temporary labor
9
service agency by electronic communication shall also provide
10
all required notices by email to its day or temporary laborers
11
or on a website, regularly used by the employer to communicate
12
work-related information, that all day or temporary laborers
13
are able to regularly access, freely and without interference.
14
Such notices shall be in English and any other language
15
generally understood in the locale of the day and temporary
16
labor service agency.
17

(e) This Section is inoperative through December 31, 2027.
18
This Section is operative on and after January 1, 2028.

19
(Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23;
20
103-605, eff. 7-1-24; 103-1030, eff. 8-9-24.)

(820 ILCS 175/45a new)
22

Sec. 45a.
Registration; Department of Labor.
23

(a) A day and temporary labor service agency which is
24
located, operates, or transacts business within this State
25
shall register with the Department of Labor in accordance with

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rules adopted by the Department for day and temporary labor
2
service agencies and shall be subject to this Act and any rules
3
adopted under this Act. Each day and temporary labor service
4
agency shall provide proof of an employer account number
5
issued by the Department of Employment Security for the
6
payment of unemployment insurance contributions as required
7
under the Unemployment Insurance Act, and proof of valid
8
workers' compensation insurance in effect at the time of
9
registration covering all of its employees. If, at any time, a
10
day and temporary labor service agency's workers' compensation
11
insurance coverage lapses, the agency shall have an
12
affirmative duty to report the lapse of such coverage to the
13
Department and the agency's registration shall be suspended
14
until the agency's workers' compensation insurance is
15
reinstated. The Department may assess each day and temporary
16
labor service agency a non-refundable registration fee not
17
exceeding $1,000 per year per agency and a non-refundable fee
18
not to exceed $250 for each branch office or other location
19
where the agency regularly contracts with day or temporary
20
laborers for services. The fee may be paid by check, money
21
order, or the State Treasurer's E-Pay program or any successor
22
program, and the Department may not refuse to accept a check on
23
the basis that it is not a certified check or a cashier's
24
check. The Department may charge an additional fee to be paid
25
by a day and temporary labor service agency if the agency, or
26
any person on the agency's behalf, issues or delivers a check

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1
to the Department that is not honored by the financial
2
institution upon which it is drawn. The Department shall also
3
adopt rules for violation hearings and penalties for
4
violations of this Act or the Department's rules in
5
conjunction with the penalties set forth in this Act.
6

(a-1) At the time of registration with the Department of
7
Labor each year, the day and temporary labor service agency
8
shall submit to the Department of Labor a report containing
9
the information identified in paragraph (9) of subsection (a)
10
of Section 12, broken down by branch office, in the aggregate
11
for all day or temporary laborers assigned within Illinois and
12
subject to this Act during the preceding year. This
13
information shall be submitted on a form created by the
14
Department of Labor. The Department of Labor shall aggregate
15
the information submitted by all registering day and temporary
16
labor service agencies by removing identifying data and shall
17
have the information available to the public only on a
18
municipal and county basis. As used in this paragraph,
19
"identifying data" means any and all information that: (i)
20
provides specific information on individual worker identity;
21
(ii) identifies the service agency in any manner; and (iii)
22
identifies clients utilizing the day and temporary labor
23
service agency or any other information that can be traced
24
back to any specific registering day and temporary labor
25
service agency or its client. The information and reports
26
submitted to the Department of Labor under this subsection by

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1
the registering day and temporary labor service agencies are
2
exempt from inspection and copying under Section 7.5 of the
3
Freedom of Information Act.

(b) It is a violation of this Act to operate a day and
5
temporary labor service agency without first registering with
6
the Department in accordance with subsection (a) of this
7
Section. The Department shall create and maintain at regular
8
intervals on its website, accessible to the public: (1) a list
9
of all registered day and temporary labor service agencies in
10
the State whose registration is in good standing; (2) a list of
11
day and temporary labor service agencies in the State whose
12
registration has been suspended, including the reason for the
13
suspension, the date the suspension was initiated, and the
14
date, if known, the suspension is to be lifted; and (3) a list
15
of day and temporary labor service agencies in the State whose
16
registration has been revoked, including the reason for the
17
revocation and the date the registration was revoked. The
18
Department has the authority to assess a penalty against any
19
day and temporary labor service agency that fails to register
20
with the Department of Labor in accordance with this Act or any
21
rules adopted under this Act of $500 for each violation. Each
22
day during which a day and temporary labor service agency
23
operates without registering with the Department shall be a
24
separate and distinct violation of this Act.
25

(c) An applicant is not eligible to register to operate a
26
day and temporary labor service agency under this Act if the

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applicant or any of its officers, directors, partners, or
2
managers or any owner of 25% or greater beneficial interest:
3

(1) has been involved, as owner, officer, director,
4

partner, or manager, of any day and temporary labor
5

service agency whose registration has been revoked or has
6

been suspended without being reinstated within the 5 years
7

immediately preceding the filing of the application; or
8

(2) is under the age of 18.
9

(d) Every agency shall post and keep posted at each
10
location, in a position easily accessible to all employees,
11
notices as supplied and required by the Department containing
12
a copy or summary of the provisions of the Act and a notice
13
which informs the public of a toll-free telephone number for
14
day or temporary laborers and the public to file wage dispute
15
complaints and other alleged violations by day and temporary
16
labor service agencies. Such notices shall be in English or
17
any other language generally understood in the locale of the
18
day and temporary labor service agency.

(e) This Section is repealed on January 1, 2028.

(820 ILCS 175/50)
21

Sec. 50.
Violations.
22

(a)
The Department shall have the authority to deny,
23
suspend, or revoke the registration of a day and temporary
24
labor service agency if warranted by public health and safety
25
concerns or violations of this Act. The Attorney General,

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pursuant to its authority under Section 6.3 of the Attorney
2
General Act, may request that a circuit court suspend or
3
revoke the registration of a day and temporary labor service
4
agency when warranted by public health concern or violations
5
of this Act. The Attorney General shall provide notice to the
6
Director prior to requesting the suspension or revocation of
7
the registration of a day and temporary labor service agency.
8

(b) This Section is inoperative through December 31, 2027.
9
This Section is operative on and after January 1, 2028.

10
(Source: P.A. 103-437, eff. 8-4-23.)

(820 ILCS 175/50a new)
12

Sec. 50a.
Violations.
13

(a) The Department shall have the authority to deny,
14
suspend, or revoke the registration of a day and temporary
15
labor service agency if warranted by public health and safety
16
concerns or violations of this Act.
17

(b) This Section is repealed on January 1, 2028.

(820 ILCS 175/55)
19

Sec. 55.
Enforcement by the Department.

(a)
It shall be the duty of the Department to enforce the
21
provisions of this Act when, in the Department's judgment,
22
there is cause and sufficient resources for investigation. The
23
Department shall have the power to conduct investigations in
24
connection with the administration and enforcement of this Act

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1
and any investigator with the Department shall be authorized
2
to visit and inspect, at all reasonable times, any places
3
covered by this Act and shall be authorized to inspect, at all
4
reasonable times, contracts for the employment of all day or
5
temporary laborers entered into by a third party client if the
6
Department has received a complaint indicating that the third
7
party client may have contracted with a day and temporary
8
labor service agency that is not registered under this Act.
9
The Department shall conduct hearings in accordance with the
10
Illinois Administrative Procedure Act upon written complaint
11
by an investigator of the Department or any interested person
12
of a violation of the Act. After the hearing, if supported by
13
the evidence, the Department may (i) issue and cause to be
14
served on any party an order to cease and desist from further
15
violation of the Act, (ii) take affirmative or other action as
16
deemed reasonable to eliminate the effect of the violation,
17
(iii) deny, suspend, or revoke any registration under this
18
Act, and (iv) determine the amount of any civil penalty
19
allowed by the Act. The Director of Labor or his or her
20
representative may compel, by subpoena, the attendance and
21
testimony of witnesses and the production of books, payrolls,
22
records, papers, and other evidence in any investigation or
23
hearing and may administer oaths to witnesses. Nothing in this
24
Act applies to labor or employment of a clerical or
25
professional nature.
26

(b) This Section is inoperative through December 31, 2027.

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1
This Section is operative on and after January 1, 2028.

2
(Source: P.A. 103-437, eff. 8-4-23; 103-1030, eff. 8-9-24.)

(820 ILCS 175/55a new)
4

Sec. 55a.
Enforcement.
5

(a) It shall be the duty of the Department to enforce the
6
provisions of this Act. The Department shall have the power to
7
conduct investigations in connection with the administration
8
and enforcement of this Act and any investigator with the
9
Department shall be authorized to visit and inspect, at all
10
reasonable times, any places covered by this Act and shall be
11
authorized to inspect, at all reasonable times, contracts for
12
the employment of all day or temporary laborers entered into
13
by a third party client if the Department has received a
14
complaint indicating that the third party client may have
15
contracted with a day and temporary labor service agency that
16
is not registered under this Act. The Department shall conduct
17
hearings in accordance with the Illinois Administrative
18
Procedure Act upon written complaint by an investigator of the
19
Department or any interested person of a violation of the Act.
20
After the hearing, if supported by the evidence, the
21
Department may (i) issue and cause to be served on any party an
22
order to cease and desist from further violation of the Act,
23
(ii) take affirmative or other action as deemed reasonable to
24
eliminate the effect of the violation, (iii) deny, suspend, or
25
revoke any registration under this Act, and (iv) determine the

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1
amount of any civil penalty allowed by the Act. The Director of
2
Labor or his or her representative may compel, by subpoena,
3
the attendance and testimony of witnesses and the production
4
of books, payrolls, records, papers, and other evidence in any
5
investigation or hearing and may administer oaths to
6
witnesses. Nothing in this Act applies to labor or employment
7
of a clerical or professional nature.
8

(b) This Section is repealed on January 1, 2028.

(820 ILCS 175/67)
10

Sec. 67.
Action for civil penalties brought by an
11
interested party.
12

(a) Upon a reasonable belief that a day and temporary
13
labor service agency or a third party client covered by this
14
Act is in violation of any part of this Act, an interested
15
party may initiate a civil action in the county where the
16
alleged offenses occurred or where any party to the action
17
resides, asserting that a violation of the Act has occurred,
18
pursuant to the following sequence of events:
19

(1) The interested party submits to the Department of
20

Labor a complaint describing the violation and naming the
21

day or temporary labor service agency or third party
22

client alleged to have violated this Act.
23

(2) The Department sends notice of complaint to the
24

named parties alleged to have violated this Act and the
25

interested party. The named parties may either contest the

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1

alleged violation or cure the alleged violation.
2

(3) The named parties contest or cure the alleged
3

violation within 30 days after the receipt of the notice
4

of complaint or, if the named party does not respond
5

within 30 days, the Department issues a notice of right to
6

sue to the interested party as described in paragraph (4).
7

(4) The Department issues a notice of right to sue to
8

the interested party, if one or more of the following has
9

occurred:
10

(i) the named party has cured the alleged
11

violation to the satisfaction of the Director;
12

(ii) the Director has determined that the
13

allegation is unjustified or that the Department does
14

not have jurisdiction over the matter or the parties;
15

or
16

(iii) the Director has determined that the
17

allegation is justified or has not made a
18

determination, and either has decided not to exercise
19

jurisdiction over the matter or has concluded
20

administrative enforcement of the matter.
21

(b) If within 180 days after service of the notice of
22
complaint to the parties, the Department has not (i) resolved
23
the contest and cure period, (ii) with the mutual agreement of
24
the parties, extended the time for the named party to cure the
25
violation and resolve the complaint, or (iii) issued a right
26
to sue letter, the interested party may initiate a civil

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1
action for penalties. The parties may extend the 180-day
2
period by mutual agreement. The limitations period for the
3
interested party to bring an action for the alleged violation
4
of the Act shall be tolled for the 180-day period and for the
5
period of any mutually agreed extensions. At the end of the
6
180-day period, or any mutually agreed extensions, the
7
Department shall issue a right to sue letter to the interested
8
party.
9

(c) Any claim or action filed under this Section must be
10
made within 3 years of the alleged conduct resulting in the
11
complaint plus any period for which the limitations period has
12
been tolled.
13

(d) In an action brought pursuant to this Section, an
14
interested party may recover against the covered entity any
15
statutory penalties set forth in Section 70 and injunctive
16
relief. An interested party who prevails in a civil action
17
shall receive 10% of any statutory penalties assessed, plus
18
any attorneys' fees and expenses in bringing the action. The
19
remaining 90% of any statutory penalties assessed shall be
20
deposited into the Child Labor and Day and Temporary Labor
21
Services Enforcement Fund and shall be used exclusively for
22
the purposes set forth in Section 75 of the Child Labor Law of
23
2024.
24

(e) This Section is inoperative through December 31, 2027.
25
This Section is operative on and after January 1, 2028.

26
(Source: P.A. 103-437, eff. 8-4-23; 103-721, eff. 1-1-25
.)

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1

(820 ILCS 175/70)
2

Sec. 70.
Penalties.
3

(a) A day and temporary labor service agency or third
4
party client that violates any of the provisions of this Act or
5
any rule adopted under this Act shall be subject to a civil
6
penalty of not less than $100 and not more than $18,000 for
7
violations found in the first audit by the Department or
8
determined by a court in a civil action brought by an
9
interested party, or determined by a court in a civil action
10
brought by the Attorney General pursuant to its authority
11
under Section 6.3 of the Attorney General Act. Following a
12
first audit or civil action, a day and temporary labor service
13
agency or third party client shall be subject to a civil
14
penalty of not less than $250 and not more than $7,500 for each
15
repeat violation found by the Department or circuit court
16
within 3 years. For purposes of this subsection, each
17
violation of this Act for each day or temporary laborer and for
18
each day the violation continues shall constitute a separate
19
and distinct violation. In determining the amount of a
20
penalty, the Director or circuit court shall consider the
21
appropriateness of the penalty to the day and temporary labor
22
service agency or third party client charged, upon the
23
determination of the gravity of the violations. For any
24
violation determined by the Department or circuit court to be
25
willful which is within 3 years of an earlier violation, the

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Department may revoke the registration of the violator, if the
2
violator is a day and temporary labor service agency. The
3
amount of the penalty, when finally determined, may be:
4

(1) Recovered in a civil action brought by the
5

Director of Labor in any circuit court. In this
6

litigation, the Director of Labor shall be represented by
7

the Attorney General.
8

(2) Ordered by the court, in an action brought by any
9

party, including the Attorney General pursuant to its
10

authority under Section 6.3 of the Attorney General Act,
11

for a violation under this Act, to be paid to the Director
12

of Labor.
13

(b) The Department shall adopt rules for violation
14
hearings and penalties for violations of this Act or the
15
Department's rules in conjunction with the penalties set forth
16
in this Act.
17

Any administrative determination by the Department as to
18
the amount of each penalty shall be final unless reviewed as
19
provided in Section 60 of this Act.
20

22
(Source: P.A. 103-437, eff. 8-4-23.)

(820 ILCS 175/70a new)
24

Sec. 70a.
Penalties.
25

(a) A day and temporary labor service agency or third

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1
party client that violates any of the provisions of this Act or
2
any rule adopted under this Act shall be subject to a civil
3
penalty not to exceed $6,000 for violations found in the first
4
audit by the Department. Following a first audit, a day and
5
temporary labor service agency or third party client shall be
6
subject to a civil penalty not to exceed $2,500 for each repeat
7
violation found by the Department within 3 years. For purposes
8
of this subsection, each violation of this Act for each day or
9
temporary laborer and for each day the violation continues
10
shall constitute a separate and distinct violation. In
11
determining the amount of a penalty, the Director shall
12
consider the appropriateness of the penalty to the day and
13
temporary labor service agency or third party client charged,
14
upon the determination of the gravity of the violations. For
15
any violation determined by the Department to be willful which
16
is within 3 years of an earlier violation, the Department may
17
revoke the registration of the violator, if the violator is a
18
day and temporary labor service agency. The amount of the
19
penalty, when finally determined, may be:

(1) Recovered in a civil action brought by the
21

Director of Labor in any circuit court. In this
22

litigation, the Director of Labor shall be represented by
23

the Attorney General.

(2) Ordered by the court, in an action brought by any
25

party for a violation under this Act, to be paid to the
26

Director of Labor.

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1

(b) The Department shall adopt rules for violation
2
hearings and penalties for violations of this Act or the
3
Department's rules in conjunction with the penalties set forth
4
in this Act.

(820 ILCS 175/85)
7

Sec. 85.
Third party clients.
8

(a) It is a violation of this Act for a third party client
9
to enter into a contract for the employment of day or temporary
10
laborers with any day and temporary labor service agency not
11
registered under Section 45 of this Act. A third party client
12
has a duty to verify a day and temporary labor service agency's
13
status with the Department before entering into a contract
14
with such an agency, and on March 1 and September 1 of each
15
year. A day and temporary labor service agency shall be
16
required to provide each of its third party clients with proof
17
of valid registration issued by the Department at the time of
18
entering into a contract. A day and temporary labor service
19
agency shall be required to notify, both by telephone and in
20
writing, each day or temporary laborer it employs and each
21
third party client with whom it has a contract within 24 hours
22
of any denial, suspension, or revocation of its registration
23
by the Department. All contracts between any day and temporary
24
labor service agency and any third party client shall be
25
considered null and void from the date any such denial,

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1
suspension, or revocation of registration becomes effective
2
and until such time as the day and temporary labor service
3
agency becomes registered and considered in good standing by
4
the Department as provided in Section 50 and Section 55. Upon
5
request, the Department shall provide to a third party client
6
a list of entities registered as day and temporary labor
7
service agencies. The Department shall provide on the Internet
8
a list of entities registered as day and temporary labor
9
service agencies. A third party client may rely on information
10
provided by the Department or maintained on the Department's
11
website pursuant to Section 45 of this Act and shall be held
12
harmless if such information maintained or provided by the
13
Department was inaccurate. Any third party client that
14
violates this provision of the Act is subject to a civil
15
penalty of not less than $100 and not to exceed $1,500. Each
16
day during which a third party client contracts with a day and
17
temporary labor service agency not registered under Section 45
18
of this Act shall constitute a separate and distinct offense.
19

(b) If a third party client leases or contracts with a day
20
and temporary service agency for the services of a day or
21
temporary laborer, the third party client shall share all
22
legal responsibility and liability for the payment of wages
23
under the Illinois Wage Payment and Collection Act and the
24
Minimum Wage Law.
25

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1
a day or temporary laborer of any safety and health training
2
that the day and temporary labor service agency or the third
3
party client are responsible for providing to the day or
4
temporary laborer, including any training required by the
5
Occupational Health and Safety Administration.

:
6

(1) inquire about the client company's safety and
7

health practices and hazards at the actual workplace where
8

the day or temporary laborer will be working to assess the
9

safety conditions, workers tasks, and the client company's
10

safety program; these activities are required at the start
11

of any contract to place day or temporary laborers and may
12

include visiting the client company's actual worksite. If,
13

during the inquiry or anytime during the period of the
14

contract, the day and temporary labor service agency
15

becomes aware of existing job hazards that are not
16

mitigated by the client company, the day and temporary
17

labor service agency must make the client company aware,
18

urge the client company to correct it, and document these
19

efforts, otherwise the day and temporary labor service
20

agency must remove the day or temporary laborers from the
21

client company's worksite;
22

(2) provide training to the day or temporary laborer
23

for general awareness safety training for recognized
24

industry hazards the day or temporary laborer may
25

encounter at the client company's worksite. Industry
26

hazard training must be completed, in the preferred

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1

language of the day or temporary laborer, and must be
2

provided at no expense to the day or temporary laborer.
3

The training date and training content must be maintained
4

by the day and temporary staffing agency and provided to
5

the day or temporary laborer;
6

(3) transmit a general description of the training
7

program including topics covered to the client company,
8

whether electronically or on paper, at the start of the
9

contract with the client company;
10

(4) provide the Department's hotline number for the
11

employee to call to report safety hazards and concerns as
12

part of the employment materials provided to the day or
13

temporary laborer; and
14

(5) inform the day or temporary laborer who the day or
15

temporary laborer should report safety concerns to at the
16

workplace.
17

Nothing in this Section shall diminish any existing client
18
company or a day and temporary labor service agency's
19
responsibility as an employer to provide a place of employment
20
free from recognized hazards or to otherwise comply with other
21
health and safety or employment laws. The client company and
22
the day and temporary labor service agency are responsible for
23
compliance with this Section and the rules adopted under this
24
Section.
25

(d) Before the day or temporary laborer engages in work
26
for a client company, the client company must:

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1

(1) document and inform the day and temporary labor
2

service agency about anticipated job hazards likely
3

encountered by the day or temporary laborer;
4

(2) review the safety and health awareness training
5

provided by the day and temporary labor service agency to
6

determine if it addresses recognized hazards for the
7

client company's industry;
8

(3) provide specific training tailored to the
9

particular hazards at the client company's worksite
10

consistent with training requirements provided for in
11

standards, guidances, or best practices issued by the
12

federal Occupational Safety and Health Administration; and
13

(4) document and maintain records of site-specific
14

training and provide confirmation that the training
15

occurred to the day and temporary labor service agency
16

within 3 business days of providing the training.
17

(e) If the client company changes the job tasks or work
18
location and new hazards may be encountered, the client
19
company must:
20

(1) inform both the day and temporary labor service
21

agency and the day or temporary laborer; and
22

(2) inform both the day and temporary labor service
23

agency staffing agency and the day or temporary laborer of
24

job hazards not previously covered before the day or
25

temporary laborer undertakes the new tasks and update
26

personal protective equipment and training for the new job

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1

tasks consistent with training requirements provided for
2

in standards, guidances, or best practices issued by the
3

federal Occupational Safety and Health Administration, if
4

necessary.
5

(f) A day and temporary labor service agency or day or
6
temporary laborer may refuse a new job task at the worksite
7
when the task has not been reviewed or if the day or temporary
8
laborer has not had appropriate training to do the new task.
9

(g) A client company that supervises a day or temporary
10
laborer must provide worksite specific training to the day or
11
temporary laborer and must allow a day and temporary labor
12
service agency to visit any worksite where the day or
13
temporary laborer works or will be working to observe and
14
confirm the client company's training and information related
15
to the worksite's job tasks, safety and health practices, and
16
hazards.
17

(h) This Section is inoperative through December 31, 2027.
18
This Section is operative on and after January 1, 2028.

19
(Source: P.A. 103-437, eff. 8-4-23; 103-1030, eff. 8-9-24.)

(820 ILCS 175/85a new)
21

Sec. 85a.
Third party clients.
22

(a) It is a violation of this Act for a third party client
23
to enter into a contract for the employment of day or temporary
24
laborers with any day and temporary labor service agency not
25
registered under Section 45 of this Act. A third party client

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1
has a duty to verify a day and temporary labor service agency's
2
status with the Department before entering into a contract
3
with such an agency, and on March 1 and September 1 of each
4
year. A day and temporary labor service agency shall be
5
required to provide each of its third party clients with proof
6
of valid registration issued by the Department at the time of
7
entering into a contract. A day and temporary labor service
8
agency shall be required to notify, both by telephone and in
9
writing, each day or temporary laborer it employs and each
10
third party client with whom it has a contract within 24 hours
11
of any denial, suspension, or revocation of its registration
12
by the Department. All contracts between any day and temporary
13
labor service agency and any third party client shall be
14
considered null and void from the date any such denial,
15
suspension, or revocation of registration becomes effective
16
and until the day and temporary labor service agency becomes
17
registered and considered in good standing by the Department
18
as provided in Section 50 and Section 55. Upon request, the
19
Department shall provide to a third party client a list of
20
entities registered as day and temporary labor service
21
agencies. The Department shall provide on the Internet a list
22
of entities registered as day and temporary labor service
23
agencies. A third party client may rely on information
24
provided by the Department or maintained on the Department's
25
website pursuant to Section 45 of this Act and shall be held
26
harmless if such information maintained or provided by the

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1
Department was inaccurate. Any third party client that
2
violates this provision of the Act is subject to a civil
3
penalty not to exceed $500. Each day during which a third party
4
client contracts with a day and temporary labor service agency
5
not registered under Section 45 of this Act shall constitute a
6
separate and distinct offense.

(b) If a third party client leases or contracts with a day
8
and temporary service agency for the services of a day or
9
temporary laborer, the third party client shall share all
10
legal responsibility and liability for the payment of wages
11
under the Illinois Wage Payment and Collection Act and the
12
Minimum Wage Law.

Section 99.
Effective date.
This Act takes effect upon
15
becoming law.

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DAY&TEMPORARY LABOR SERVICES

Plain English Breakdown

DAY&TEMPORARY LABOR SERVICES

What This Bill Does

Limits and Unknowns

Bill History

Official Summary Text

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