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 260.400 REQUIRED DISCLOSURES TO LABORERS
Section 260.400 Required Disclosures to Laborers
a) Employment Notice. A day and temporary labor service agency shall provide at the time of dispatch and on any day that any of the terms listed on the employment notice are changed, to each day or temporary laborer who is sent to work as a day or temporary laborer, a statement in a language the laborer understands that contains the following information:
1) the name of the day or temporary laborer;
2) the name and nature of the work to be performed, including a list of basic job duties, and the types of equipment, protective clothing, and training that are required for the task;
3) the wages offered;
4) the name and address, including county, of the destination of each day or temporary laborer;
5) the terms of transportation;
6) whether a meal or equipment or both is provided by either the day and temporary labor service agency or the third party client and the cost of the meal and equipment, if any; and [820 ILCS 175/10(a)(1)-(6)]
7) if using codes on the day or temporary laborer's paycheck stub to identify third party clients, the code or codes that correlate to where the day or temporary laborer is being sent to work.
b) The statement provided by the day and temporary labor service agency as required by subsection (a) shall identify the name and title of the authorized agent of the agency stating that the information contained in the statement is true and correct. If a day or temporary laborer is not dispatched directly to the work site from the office or other location of the day and temporary labor service agency, the statement shall be provided to the day or temporary laborer by hand, email, text message, or U.S. mail. If the day or temporary laborer is dispatched by telephone, the day and temporary labor service agency shall send the statement to the day or temporary laborer by hand, email, text message, or U.S. mail. If a day or temporary laborer is assigned to the same assignment for more than one day, the day and temporary labor service agency is only required to provide the employment notice on the first day of the assignment and on any day that any of the terms listed on the employment notice are changed [820 ILCS 175/10(a)].
c) A day or temporary laborer who has worked for the same third party client for more than 720 hours in a 12-month period or more than 4,160 hours within a 48-month period and is subject to the pay requirements described in Section 42 of the Act shall receive an updated employment notice that further describes: [820 ILCS 175/10(a)(7) and /42]
1) the seniority and straight time hourly wage of the comparator being used to determine the wage, if the employer uses the method in paragraph (1) of subsection (a) of Section 42 of the Act to determine the laborer's wage rate; or
2) the standard occupational classification used if the third-party client instructs the day or temporary labor service agency to use the method in paragraph (2) of subsection (a) of Section 42 of the Act to determine the laborer's wage rate. [820 ILCS 175/10]
d) A day and temporary labor service agency shall provide at the time of dispatch, to each day or temporary laborer who is sent to work as a day or temporary laborer, the following information, which may be provided as part of the required employment notice, or may be provided on a separate document:
1) the name and title of the representative of the third party client to whom laborers should report safety concerns at the workplace and a statement that safety hazards and concerns may be reported to the Department by calling the Department's Day and Temporary Labor Services Act toll-free hotline at 1-877-314-7052 or emailing DOL.DayLabor@illinois.gov; [820 ILCS 175/85] and
2) if a strike, lockout, picket, bannering, handbilling or other work stoppage exists because of a labor dispute, then a language the day or temporary laborer understands notifying them of a strike, lockout, or other work stoppage because of a labor dispute and the laborer's right to refuse the assignment without retaliation. [820 ILCS 175/11]
(Source: Amended at 50 Ill. Reg. 7177, effective April 28, 2026) |