Illinois Enacts Law Requiring "Equal Pay" For Temporary Workers

On August 4, 2023, Illinois Governor Pritzker signed HB2862 (the "Bill") into law. The Bill requires temporary staffing agencies to provide certain temporary workers with the same pay and benefits as the workers' directly employed counterparts 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" (which we refer to as "comparable" employees).

Specifically, a temporary worker who is assigned to work at a third-party client company for more than 90 calendar days must be paid at a rate equal to the lowest-paid comparable employee of the third-party client company. The Bill also requires temporary workers to receive the same benefits, or the equivalent of benefits, as comparable employees.