On Aug. 7, the Illinois Department of Labor filed emergency rules and proposed permanent rules to implement HB 2862/PA 103-437. The law, which amends the state’s Day and Temporary Labor Services Act—applicable to industrial laborers—became effective Aug. 4. The act does not apply to professional and clerical workers.
The emergency rules designate certain provisions of the proposed permanent rules as effective Aug. 7. The remainder of the proposed rules will be published Aug. 18, subject to a 45-day (minimum) public comment period.
The provisions covered by the emergency rules include safety hazard assessment and training; client obligations; equal pay after 90 days; disclosure of placement fees; the right to refuse assignment to labor disputes; and enforcement. The Emergency Rules also include a complete description of the subjects and issues involved, including definitions for new terms—including “benefits,” “hazard,” “interested party,” “labor dispute,” “right to sue letter,” and several terms necessary to assess what constitutes “equal work.”
The emergency rules make clear that the provision allowing a 90-day waiting period before the equal pay mandate applies is not retroactive. Rather, the provision applies only to employees who have worked 90 days after the Aug. 4 effective date of the amendments to the act.
The emergency rules will expire in 150 days or upon adoption of permanent rules, whichever comes first. Information and questions regarding this emergency rule should be directed to Anna Koeppel, the legislative and policy director at the Illinois Department of Labor, at anna.koeppel@illinois.gov.
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