The law sets a new national standard for temp worker protections after decades of explosive industry growth
Springfield, IL, August 6, 2023 – Labor groups are celebrating the passage of the seminal Temp Worker Fairness and Safety Act (TWFSA), HB2862 into law upon the Governor’s signing of the bill Friday. The bill had earlier passed the IL Senate by a bipartisan 49-3 vote and the IL House with a commanding majority of 72-36.
“It has long been the reality that the most vulnerable workers are also the least protected. The Temp Worker Fairness & Safety Act will change that by ensuring that temporary workers employed through staffing agencies receive the same rights and protections as any other worker,” said Jose Frausto, Executive Director of the Chicago Workers Collaborative. “This is a victory for all workers that was made possible by years of organizing by temp workers. We thank the Governor and the members of the General Assembly for standing with workers and showing, once again, that Illinois is a pro-worker, pro-labor state.”
"Latino and Black workers are the backbone of our economy, but they are also the most vulnerable when it comes to workplace abuse and exploitation. This bill was my number one priority because of the impact it would have on so many of my constituents," said Representative Edgar Gonzalez, the bill’s lead House sponsor. "The Governor’s action today means an average of $4 more per hour for the thousands of temp workers in my district for work assignments that last more than 90 days. That’s as much as $8,000 a year more going into the pockets of working people, regardless of immigration status. District-wide, that will also mean millions more dollars going to support small businesses as the spending power of our community members increases.”
"Make no mistake, the Temp Worker Fairness and Safety Act is a historic bill that will set the bar for temp worker protections across the country. Over the past several decades, industry at large has shifted large parts of its workforce from well paying direct-hire, full-time roles, to part-time contract labor provided by third party staffing agencies. They’ve done this to depress wages and take shortcuts on worker safety by undercutting the power of workers to organize, to unionize, and to demand better. With this new law, we are sending a message that in Illinois, worker rights are not negotiable,” said Senator Robert Peters (IL-13), chief Senate sponsor for the bill.
“We are thrilled by the Governor’s decision to sign this important piece of legislation into law,” remarked Tim Drea, President of the IL AFL-CIO. “The Temp Worker Fairness and Safety Act builds on the success of the Workers Rights Amendment by restricting the practice of “permatemping” whereby workers are kept in “temporary” assignments for years, restricting their access to union jobs and creating a downward pressure on wages and working conditions for all workers. The IL AFL-CIO was proud to stand in solidarity with temp workers to advance this critical piece of worker legislation that will benefit all workers across Illinois and set an example for other states to follow.”
"Following wins in New Jersey and Illinois the goal of our movement is to undo the deregulation of the staffing agency industry that's happened over the last several decades," said Roberto Clack, Executive Director of Temp Worker Justice. "We are developing a road map to address pay inequities while strengthening workers ' ability to build power in the workplace."
The TWFSA is a landmark law that updates the state’s Illinois Day and Temporary Services Act. Key provisions of the law include:
Discouraging the practice of “permatemping” by guaranteeing equal pay for equal work for temps who are assigned to the same job for more than 90 calendar days
Keeping workers safe by improving training and workplace safety standards for temps
Ensuring that all temp workers have the right to refuse a strikebreaking assignment without being retaliated against
Increasing funding for enforcement through increased fees and increased fines for violators of the act
Expanding enforcement through an innovative enforcement mechanism that will allow for even enforcement of the law across the entire state of IL for the first time
The equal pay provision in the law follows the passage of a similar provision in New Jersey under the recently passed “Temp Worker Bill of Rights”. This is expected to have an immediate and significant material impact on temp workers who earn on average $4 less per hour than direct hire employees doing the same work.
Contact:
Andrew Herrera, Herrera Strategy Group
847.977.3645 // andrew@herrerastrategy.com
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The Temp Worker Fairness & Safety Act was a joint legislative initiative by the Chicago Workers Collaborative and Temp Worker Justice. The bill was also supported by the following organizations: Warehouse Workers for Justice; National Black Workers Center; Workers Center for Racial Justice; Centro de Trabajadores Unidos; Chicago Federation of Labor; Illinois Coalition for Immigrant and Refugee Rights; Asian Americans Advancing Justice; National Legal Advocacy Network; National Employment Law Project; IL Trial Lawyers Association; Raise the Floor; Citizen Action IL; DePaul University Labor Education Center; Massachusetts Coalition for Occupational Safety & Health; TechEquity Collaborative; United Electrical, Radio and Machine Workers of America; HANA Center; IL Unidos; IL AFL-CIO; SEIU-HCII; AFSCME 31; IUOE 150