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Guidance on Using USDOL Standard Occupational Classifications to Determine Wage Rate Pursuant to 820 ILCS 175/42(a)
Under Public Act 103-1030, Day and Temporary Labor Service Agencies shall pay a day or temporary laborer who is assigned to work and performs work at the same third party client for more than 720 hours within a 12-month period, beginning on or after April 1, 2024, according to one of the following methods:
- Method 1: Not less than the rate of pay paid to a comparable employee who is directly employed by the third party client; or
- Method 2: According to the median hourly rate of pay for workers working in that job classification, or a substantially similar job classification, in the same geographical area, according to the United States Department of Labor – Bureau of Labor Statistics’ Standard Occupational Classification System data publication. A Day and Temporary Labor Service Agency may, in lieu of Method 1, use Method 2 only if directed to do so by the third party client.
In accordance with Sec. 42(a)(2) of Public Act 103-1030, the Department of Labor shall publish links to the relevant USDOL publications and guidance necessary for determining a wage rate under Method 2, as follows:
- Guidance to determine Standard Occupational Codes: Classification Principles and Coding Guidelines, 2018 SOC (bls.gov)
More guidance on how to determine SOC code How do I find my SOC code? : U.S. Bureau of Labor Statistics (bls.gov)
- List of Standard Occupational Codes and definitions: 2018 SOC Definitions (bls.gov)
- To determine metropolitan or non-metropolitan area: Illinois metropolitan areas and non-metropolitan areas, listed by county: May 2023 OES County Links to Metropolitan and Nonmetropolitan Area Pages (bls.gov)
- To determine wage rate: Illinois - May 2023 OEWS State Occupational Employment and Wage Estimates (bls.gov)
Please note: 75th percentile information, and metropolitan/non-metropolitan area information is available by clicking the downloadable XLS file.
Updated 9/24/24