Judge Enjoins “Equivalent Benefits” Amendment to Illinois Temporary Staffing Agency Law
On March 11, 2024, Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois granted plaintiffs’ motion for a preliminary injunction prohibiting the Illinois Department of Labor (DOL) from enforcing the “equivalent benefits” portion of Section 42 of the Illinois Day and Temporary Labor Services Act (DTLSA). Under that provision, a temporary laborer, after working 90 calendar days for a staffing agency client, must receive “equivalent benefits” as a comparable direct-hired employee, or the “hourly cash equivalent” of the benefits.