Implementation of the equal pay and benefits provision of Illinois’ Day and Temporary Labor Services Act was delayed under legislation approved Nov. 9 by the Illinois Legislature.

The original Day and Temporary Labor Services Act mandated staffing firms to provide contingent employees, after 90 days of work, with equal pay and benefits as workers employed directly by the client company. Approved Nov. 9, the new bill, called HB 3641, delays the start of the 90-day calculation period until April 1, 2024.

The delay will provide more time for the state to draft regulations that will be clear, Toby Malara, VP of government relations at the American Staffing Association, said in an interview with SIA.

“Part of the problem is those proposed rules were very vague about what the benefits were that had to be included in the calculation,” Malara said. “This gives the Department of Labor in Illinois more time to write their rules and give more guidance.”

It’s hoped the extra time will give the Illinois Department of Labor time to draft rules that work for everybody, he said.

The delay in the implementation of the 90-day calculation period was passed at the urging of the ASA, the Staffing Services Association of Illinois and the Illinois Search and Staffing Association.