Day and Temporary Labor Services Act
NOTICE: Please be advised that Governor Pritzker signed House Bill 2862 (PA 103-437) into law on August 4th. The Department will be filing rules to implement the law in the coming days. Additionally, the Department will post new guidance on this page, regarding changes to the Day and Temporary Labor Services Act (820 ILCS 175) . The Department of Labor previously sent a bulletin regarding this bill to registered Day and Temporary Labor Service Agencies on June 27, 2023. If you have any questions, you can email the Department at DOL.DayLabor@illinois.gov.
Please be advised that on Monday, August 7, 2023, the Department of Labor filed Emergency Rules and Proposed Permanent Rules to implement HB 2862/PA 103-437, amending the Day and Temporary Labor Services Act.
The Emergency Rules take effect as of August 7, 2023. The Secretary of State Index Department has indicated these Rules will be published on August 18, 2023, which means the 45-day minimum public comment period for the Proposed Permanent Rules will run through October 2.
UPDATE 9/15/2023: Notice of Public Hearing on Proposed Permanent Rules
Under the Day and Temporary Labor Services Act, 820 ILCS 175, it is unlawful for a staffing or temp agency to operate without registering with the Department. It is also unlawful for third-party clients to use an unregistered agency. The penalty for unregistered agencies is $500 for each day they operate without the registration required under the Act. Third-party clients may be subject to a civil penalty for each day they are contracted with an unregistered agency. For both agencies and third-party clients, each day of non-compliance is considered a separate violation. When third-party clients enter into a contract with an agency, they have an obligation to verify that the agency is registered with the Department. Third-party clients must re-verify agency registration on March 1 and September 1 of each year (820 ILCS 175/85). Agencies and third-party clients are responsible for complying with the specific record keeping requirements of the Act.
Agencies that staff only clerical or professional workers may be exempt from registering under and complying with the Day and Temporary Labor Services Act.
Day and Temporary Labor Licensing Application
Online Application https://webapps.illinois.gov/DOL/DTLLicense/
In order to access the system, you will need to create an Illinois Public ID account which will be your agency account.
To Create an IL Public ID: https://www.illinois.gov/sites/accounts/Pages/default.aspx
Original Surety Bonds will be accepted in the online portal, via email, and regular mail. You may begin sending those to IDOL immediately or uploading them once you have completed your application. Please make sure your license number is clearly identified in your correspondence. (For example, License # looks like, i.e. 23-D12987 located on this year’s certificate).
The annual renewal fee, effective August 4, 2023, is $3,000.00 for each agency and $750.00 for each branch office or location. This fee must be paid online as part of the new online application process.
When completing the renewal application, please note the following:
- Proof of the surety bond is required for both new and renewal applications.
If you are aware of any agencies that are operating without a registration from the Illinois Department of Labor, report them to the Department’s Day Labor Toll Free Hotline: 1-877-314-7052 or by email at DOL.DayLabor@illinois.gov.
Please view the 2023 Registered Agencies as of October 2, 2023
- Day Labor Services Information: (312) 793-8889
- Day Labor HOTLINE: (877) 314-7052 (toll free)
- Email: DOL.DayLabor@illinois.gov
- See the law, 820 ILCS 175/1-99 (Legislative Website) and Amendments
- Administrative Code, 56 Ill. Adm Code 260 (Legislative Website)
- Agency Application Surety Bond (Fillable Form)
- Day Labor Complaint Form
- Day Labor Complaint Form (Español) Formulario de queja para trabajo de dia/temporal
- Sample Employment Notice
- Sample Work Verification Form
- Sample Wage Payment Notice
- Sample Paycheck Deduction Authorization Form
- Day and Temporary Labor Services Posters English l Español l Polski