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Illinois Delays Equal Pay and Benefits Mandate

On Nov. 9, the Illinois legislature passed HB 3641, delaying the equal pay and benefits mandate under the Day and Temporary Labor Services Act. The mandate requires staffing agencies to provide temporary employees with equal pay and benefits after an employee has worked 90 days. HB 3641 provides that calculation of the 90-day waiting period will not begin until April 1, 2024.

The amendment was passed at the urging of ASA; the Staffing Services Association of Illinois; and the Illinois Search and Staffing Association, an ASA-affiliated chapter. Industry representatives met with assistant majority leader Rep. Jay Hoffman (D-113), who was instrumental in achieving the delay.

The delay in implementing the equal pay and benefits mandate will give the Illinois Department of Labor time to draft regulations clarifying how the mandate will apply. State legislators had sharply criticized the department’s proposed rules, saying they were “too vague to provide meaningful guidance.”