How Does HB 2862 Affect My Illinois Business?

 Posted on October 16, 2023 in Business Law

House Bill 2862 was passed by the Illinois General Assembly and signed into law by Governor JB Pritzker on August 4, 2023. The law will take effect on July 1, 2024, and make significant amendments to the rights and protections of day and temporary laborers in Illinois. Understanding the impacts the bill can have on your business is imperative. An Illinois business lawyer can provide a more in-depth overview of what the new changes bring and how best to ensure your business meets compliance.

What is HB 2862?

HB 2862, also referred to as the Temp Worker Fairness and Protection Act (TWFPA), is a law that expands the rights and protections of day and temporary laborers in Illinois. The law brings significant changes to the Day and Temporary Labor Services Act (DTLSA) and applies to businesses that use day and temporary laborers, as well as the day and temporary labor service agencies that provide these workers.

The Effects of HB 2862 On My Business

The new law will require that businesses pay day and temporary laborers currently assigned to a third-party client for more than 90 calendar days the same wages and benefits as regular employees that perform the same or similar work. Businesses must also provide day and temporary laborers with the same safety training as their regular employees. In addition, businesses and agencies are prohibited from retaliating against day and temporary laborers who exercise their rights under the law.

How a Business Can Best Comply with HB 2862

Smart businesses will need to provide safety oversight to workers at third-party client worksites. They will want to review the use of temporary employees already in place in comparison to existing employees. This includes contracts with staffing agencies to remain in compliance with the new law. 

Ensure the third-party client is aware of all potential job hazards and urge the client to remedy them. Remove all workers from the sites where clients are unwilling to do so. It is in a business’s best interest to update all relevant policies and practices regarding day and temporary labor with all DTLSA amendments.

Contact a Glen Ellyn, IL Business Lawyer

The right Dupage County, IL business law attorney can ensure your business is in a position for growth and compliance. Reach out to NN Legal Group for help with addressing your business’s legal needs and avoiding potential penalties for violations. Contact the office at 630-474-0925 today to arrange a free consultation and discuss your business’s legal matters directly.