A new Illinois law, effective immediately, provides that day and temporary workers assigned to work for more than 90 days must be paid “equal pay for equal work,” i.e., not less than the rate of pay and equivalent benefits as the lowest paid directly hired employee of the company with the same level of seniority at the company and performing the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and that are performed under similar working conditions.
If there is not a directly hired comparative employee of the third party client, the day or temporary laborer must be paid not less than the rate of pay and equivalent benefits of the lowest paid direct hired employee of the company with the closest level of seniority. Alternatively, a day and temporary labor service agency may pay the hourly cash equivalent of the actual cost benefits in lieu of benefits required by the new law.
Additionally, upon request, a third party client to which a day or temporary laborer has been assigned for more than 90 calendar days is obligated to timely provide the day and temporary labor service agency with all necessary information related to job duties, pay, and benefits of directly hired employees necessary for the day and temporary labor service agency.
