On November 9, 2023 the Illinois General Assembly passed a bill that would, if signed into law, delay a key trigger date for compliance with an important aspect of the recently amended Illinois Day and Temporary Labor Services Act (“Act”). Pursuant to August 2023 amendments to the Act (previously reported here), if a temporary employee works for the same customer more than 90 days in a 12-month period, then the wages and benefits provided to that temporary employee must be determined in reference to, among other things, the wages and benefits that the customer provides to its employees who do the same work as the temporary employee.
Under the August 2023 amendments, beginning on August 4, 2023 staffing agencies were required to keep track of the number of days that a temporary employee worked for the same customer. The November 9 amendment, however, provides that the calculation of this 90-day period “does not begin until April 1, 2024.” Therefore, if signed into law, a staffing agency’s obligation to track the number of days worked by the same temporary employee for the same customer would not begin until April 1, 2024. The new bill, HB 3641, is available here. Importantly, the proposed amendment would only postpone commencement of the 90-day period calculation. It would not affect any other deadlines or obligations provided by the Act.