ADMINISTRATIVE CODE TITLE 56: LABOR AND EMPLOYMENT CHAPTER I: DEPARTMENT OF LABOR SUBCHAPTER b: REGULATION OF WORKING CONDITIONS PART 260 DAY AND TEMPORARY LABOR SERVICES ACT SECTION 260.300 REGISTRATION
Section 260.300 Registration
a) No person shall employ day or temporary laborers to provide services to or for any third party client pursuant to a contract between itself and the third party client unless that person or entity is registered with the Department as evidenced by a Department-issued non-transferable certificate.
EXAMPLES:
Manufacturer A contracts with Temporary Labor Agency B to fulfill its labor needs. Temporary Labor Agency B employs laborers, whom it dispatches out to work for various third party client companies. Temporary Labor Agency B must be registered with the Department before it provides laborers to Manufacturer A or any other third party client company.
Manufacturer A makes a request to Temporary Labor Agency B for more laborers than usual to meet Manufacturer A's labor needs during a particularly busy season. Temporary Labor Agency B dispatches some of its own employees to work as laborers for Manufacturer A, but does not employ enough laborers to meet Manufacturer A's request. Temporary Labor Agency B has a contract with Temporary Labor Agency C to utilize some of Temporary Labor Agency C's employees to fulfill Manufacturer A's labor needs. In this scenario, both Temporary Labor Agencies B and C must be registered with the Department before providing laborers to Manufacturer A.
b) A day and temporary labor service agency must annually register with the Department each location or branch office from which the agency will operate.
c) A day and temporary labor service agency shall keep, and prominently display, the certificate of registration in the public access area at each location where it operates.
d) A person that is licensed as a private employment agency must also register with the Department as a day and temporary labor service agency if it engages in the business of employing day or temporary laborers to provide services to or for any third party client pursuant to a contract with the person or entity and the third party client.
e) A person or entity must register as a day and temporary labor service agency with the Department when, on an isolated or incidental basis, it employs persons to provide professional or clerical services to or for any third party client pursuant to a contract with the person and the third party client, in addition to its primary business of employing day or temporary laborers to provide services to or for any third party client pursuant to a contract with the person and the third party client.
f) In the case of a day and temporary labor service agency that operates day and temporary labor services and separately operates temporary professional or clerical staffing services, the requirements of subsections (c) and (d) of this Section shall apply only to the agency's day and temporary labor operations.
g) A person or entity that is licensed as a nurse staffing agency under the Nurse Agency Licensing Act must also register with the Department as a day and temporary labor service agency if it also engages in the business of employing day and temporary laborers.
(Source: Amended at 50 Ill. Reg. 7177, effective April 28, 2026) |