IDOL to Hold a Hearing on Proposed Rules to the Day and Temporary Labor Services Act

The IDOL has scheduled a public hearing on their proposed rules to the Day and Temporary Labor Services Act. The hearing will take place on Thursday, September 28, 2023, at 1:30pm CST at Lincoln Tower, 524 South 2nd Street, 3rd Floor (IDHR office), Springfield, IL 62071. The meeting will also be held virtually on Webex here. Registration is required.

The hearing will be held for the sole purpose of gathering public comments on the Proposed Amendments to 56 Ill. Adm. Code 260 published at 47 Ill. Reg. 12316; August 18, 2023 (Day and Temporary Labor Services rules).

Persons interested in presenting testimony at this hearing are advised that IDOL will adhere to the following procedures:

•    Participants wishing to testify should email DOL.Rules@illinois.gov to sign up prior to the hearing.
•    No oral testimony shall exceed an aggregate of 5 minutes for the presentation.
•    No person will be recognized to speak for a second time until all persons wishing to testify have done so.
•    Those individuals who are unable to attend the public hearing but wish to comment on the Proposed Rule should submit written comments on or before October 2, 2023.

Any interested party may direct comments, data, views, or arguments concerning this proposal. Comments not provided at the hearing must be submitted and received by October 2, 2023, by sending them to:

•    Anna Koeppel, Legislative & Policy Director Rules Coordinator, Department of Labor 524 South 2nd Street, 4th Floor Springfield, IL 62701, 217-558-1270 DOL.Rules@illinois.gov

The IMA previously submitted these comments on IDOL's emergency rules that were recently approved by the Joint Committee on Administrative Rules (JCAR) with an objection.

The IMA has held several programs for IMA members on P.A. 103-0437 that brought immediate changes to Illinois' Day and Temporary Labor Services Act that regulates staffing and temporary worker agencies. These changes, that will impact any employer using day and temporary laborers, include requiring staffing agencies to pay their employees who are assigned to a client for more than 90 calendar days the same level of pay and benefits as regular employees of the business that have the same level of seniority and are performing the same or substantially similar work. The new law further prevents staffing agencies from assigning workers facilities experiencing “labor trouble” and also allows third parties to file claims against employers.