The Illinois Department of Labor recently updated its Day and Temporary Labor Services Act FAQ to address some questions concerning the latest set of amendments that were passed into law earlier this year.

The key areas of the proposed rules addressed by the updated FAQ include “Are temporary laborers ever entitled to the same benefits as directly hired employees, and what benefits are included?” and “How can a day or temporary labor agency ensure that clients provide the necessary information to calculate wages and benefits?”

The proposed rules require that a day or temporary laborer who, after the effective date of Aug. 4, 2023, is assigned to work for a client for more than 90 calendar days within any 12-month period, consecutively or intermittently at a work site for a third-party client employer, receive at least the same wages and benefits as an equivalent employee directly hired by the client. In an important clarification, FAQ No. 6 provides that “90 days means days the laborer actually goes to the third-party client’s work site to work,” which means not just that 90 calendar days have passed since the employee began work, but that the employee actually worked 90 days. Interested parties are invited to submit comments regarding the proposed rule to the Department of Labor no later than Oct. 2. ASA is in the process of finalizing its comment letter.