Ill. Admin. Code tit. 56 § 260.445

Current through Register Vol. 48, No. 49, December 6, 2024

Section 260.445 - [Effective until 1/4/2024] Equal Pay for Equal Work

a) If a day or temporary laborer is assigned to work for a third party client, then the day or temporary laborer shall be paid at the same, or greater, rate of pay and receive the equivalent benefits as a directly hired employee of the third party client, under the following conditions:

1) After August 4, 2023, the effective date of House Bill 2862 of the 103rd General Assembly, the day or temporary laborer is assigned to work for the third party client for more than 90 calendar days within any 12-month period, whether consecutively or intermittently; and

2) The rate of pay and equivalent benefits shall be the same, or greater, than the lowest paid directly hired employee with the same level of seniority at the third party client and performing the same or substantially similar work on jobs, the performance of which requires substantially similar skill, effort, and responsibility, and which are performed under similar working conditions.

b) If there is not a comparative directly hired employee of the third party client, the day or temporary laborer shall be paid not less than the rate of pay and equivalent benefits of the lowest paid directly hired employee of the third party client with the closest level of seniority at the third party client.

c) A day and temporary labor service agency may pay the hourly cash equivalent of the actual cost benefits in lieu of benefits required under this Section unless prohibited by State or federal law.

d) If a day or temporary laborer's compensation rate must be increased due to the requirements of this Section, that compensation increase shall be effective as of the day or temporary laborer's 91^st day of performing work for the third party client.

e) A day or temporary laborer may file a complaint with the Department, consistent with procedures outlined in Section 260.210, if a day and temporary labor agency or third party client violates this Part or Section 42 of the Act.

Ill. Admin. Code tit. 56, § 260.445

Emergency rule added at 47 Ill. Reg. 12457, effective 8/7/2023, for a maximum of 150 days (EMERGENCY)