Illinois · day & temporary labor · 820 ILCS 175/42
After 720 hours at the same client, match the comparator rate.
820 ILCS 175/42 and 56 Ill. Adm. Code 260.445 require a day and temporary labor service agency to pay a laborer who performs more than 720 hours at the same third-party client within a 12-month period (clock from 1 Apr 2024) not less than the straight-time hourly rate of the lowest-paid directly hired comparator. Optional § 42(b) hourly average cash equivalent of benefits may be added. This page is a punch calculator: enter the agency rate, comparator rate, prior hours toward 720, and this week’s punches — not a BLS OEWS look-up. FLSA weekly-40 leftover applies.
Read the statute: equal pay after 720 hours
Fetched official 820 ILCS 175/42, ILCS document mirror, JCAR 56 Ill. Adm. Code 260.445, and IDOL Day and Temporary Labor FAQ (all HTTP 200). § 42(a): once the laborer has performed more than 720 hours at the same client in 12 months, pay under the comparator method (default) or, at the client’s sole discretion, BLS OEWS data (out of punch scope here). § 42(b): substantially similar benefits, or the hourly average cash equivalent of the client’s actual benefit cost for that classification.
Punch math on this page: hours that keep the cumulative total at or under 720 stay at the agency rate; hour 721+ use equalRate = max(agency, comparator) + benefits cash. Hours over 40 in the week are 1.5× at the rate applicable to those hours. JCAR CBA toggle turns equal-pay off.
Prior 700h + 5×8h @ $18 agency / $24 comparator → 20h agency + 20h equal → $360 + $480 = $840 (uplift $120 vs $720 all-agency)
Prior 800h + 5×8h @ $18 / $24 + $3 benefits → 40h @ $27 = $1,080 (uplift $360)
Prior 600h + 5×8h @ $18 / $24 → still under 720 → $720, no uplift
In scope
- § 42(a)(1) comparator equal-pay after >720h / 12 months
- § 42(b) optional benefits cash equivalent ($/h)
- Prior-hours threshold crossing within the punch week
- FLSA weekly-40 leftover on the applicable rates
- CBA-covered comparator toggle (equal-pay off)
Out of scope
- BLS OEWS median / 75th-percentile look-up (§ 42(a)(2))
- Benefits enrollment / ERISA plan design
- Illinois ODRISA one-day-rest; hotel 2× cousins
- Plain /overtime/ FLSA-40 with no 720h gate
FAQ
When does Illinois DTLSA equal pay kick in?
Under 820 ILCS 175/42, once a day or temporary laborer performs more than 720 hours at the same third-party client within a 12-month period (beginning on or after 1 April 2024), the staffing agency must pay equal pay going forward. Hours through cumulative 720 stay at the agency rate; hour 721 and after use the equal-pay rate.
How is the equal-pay rate calculated here?
JCAR 260.445 default comparator method: enter the lowest-paid directly hired comparator straight-time rate (or closest-seniority FLSA-OT employee if no comparator). Required rate = max(agency, comparator) plus any typed § 42(b) benefits cash equivalent. Not a BLS OEWS look-up.
Does overtime still apply?
Yes. Hours over 40 in the workweek are 1.5× the rate applicable to those hours. No Illinois daily overtime on this page.
Is this a BLS wage look-up?
No. § 42(a)(2) BLS OEWS is an alternate client-elected path that needs an external wage table. This page is a punch/pay-line calculator — you enter the comparator rate.
What if comparable employees are under a CBA?
Use the CBA toggle. Equal-pay turns off; the week is priced at the agency rate with FLSA weekly-40 only.
