The Illinois Department of Labor has published a sample form and instructions for complying with the new law requiring staffing agencies to provide temporary laborers who seek work but are not placed in a job with an “application receipt” confirming that they applied for work. The requirement was part of a package of amendments to the Day and Temporary Labor Services Act that became effective Aug. 9.

Application receipts must be provided to individuals applying for work with a staffing agency in person, by telephone, online, or through an app-based system. The receipt must be provided in person, online, through an app-based system, or by text message. Receipts must be signed by a staffing agency employee and, by law, must contain the name and location of the staffing agency and branch office; the name and address of the applicant; the date and time the applicant sought the work assignment; the manner in which the applicant sought the work assignment; and the specific work sites or type of jobs sought by the applicant, if applicable.

Although the applicant receipt provision does not specify, it appears that the requirement that a staffing agency employee sign the receipt can be satisfied by electronic means. Illinois has adopted the Uniform Electronic Transactions Act, which recognizes the validity of electronic records and signatures. Section 7(d) of the UETA provides that “if a law requires a signature, an electronic signature satisfies the law.” Electronic signature means “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”

The state DOL’s instructions for complying with the application receipt requirement state that the “sample form is for guidance only related to the content. Formatting and other visual characteristics of the form are the employer’s responsibility.” Because staffing agencies’ onboarding systems and software capabilities vary considerably, staffing agencies are urged to consult with their systems suppliers and employment law counsel on how best to comply with the new requirement.