Illinois House Bill (HB) 3641, signed into law on November 17, 2023, amends the Day and Temporary Labor Services Act (820 ILCS 175/1 et seq.) by delaying the implementation of Section 42, “Equal Pay for Equal Work,” by six months.

Under the original terms of the Act, employers were to begin counting the ninety days from August 5, 2023, meaning some temporary employees would have become eligible for these equal pay benefits on November 3, 2023. Under HB 3641, the start date for calculating the ninety-day period is postponed to April 1, 2024.

This delay offers employers more time to refine their approach to the equal pay and benefit provisions. Additionally, this extension provides legislators a considerable opportunity to enact an amended version in the upcoming spring session, well ahead of the July 1 activation date.

Importantly, the Bill only extends the timeline for compliance with the Act’s equal pay and benefits portion. It does not exempt nor postpone the Act’s other requirements outlined here.

Please contact a member of the Labor and Employment Group at AGHL with any questions: Jim Pirages, Eileen Caver, Evan Bonnett, or Maryjo Pirages Reynolds.