Illinois Compliance Alert: June 30th
June 30, 2023
Dear Valued Customer,
Thank you for your continued attention and engagement regarding the recent amendment and how it impacts your business and our partnership. We appreciate the opportunity to address some frequently asked questions you may have. Though much remains unknown, we will continue releasing frequent compliance updates to provide you with the latest developments and guidance.
Frequently Asked Questions:
When does the Bill go into effect?
The Bill will go into effect on August 15th, 2023, or immediately upon signature by Governor Pritzker. We are acting now to prepare for its implementation and are actively engaging with industry experts, legal advisors, and relevant authorities to stay updated on any additional guidelines or clarifications that may be issued.
What is Express' plan to mitigate the effect on my business?
At Express, we are committed to minimizing disruptions to your business and assisting you throughout this transition. Our team is taking measures to update our internal processes, systems, and training programs to ensure strict compliance with the requirements of the amendment.
In the coming weeks, we will proactively contact you to ensure that we have the necessary information on file for proper compliance. This includes the following items:
* Updated Safety Tour/Safety Summary form
* Amended Staffing Agreement
* Conversion plan and preferences at the 90-day mark.
* Information regarding the compensation of directly hired employees in equivalent roles
How many employees of mine will be affected?
The impact on the number of employees will vary depending on assignment length and your business's unique circumstances. To assess the potential impact, we are conducting a thorough review of each client's temporary workforce, specifically identifying associates who are approaching the 90-day mark. Our team is prioritizing communication with clients based on the immediacy of the effects. Rest assured; we will proactively contact you if your business is among those immediately impacted.
What are my options at 90 days?
Upon reaching the 90-day threshold, you have several options to ensure compliance with the amendment while aligning with your specific business needs. We are committed to finding unique solutions that best suit your requirements including adjusted compensation, conversion to direct employees, and assignment transition.
How will this affect what I pay Express?
We refuse to pass on any cost of these regulatory changes to our customers. Your current rates for employees up to the 90-day threshold will remain unaffected. Should you choose to extend the temporary assignment and adjust compensation beyond the 90-day mark, we will adjust the pay and bill rates accordingly to align with the new terms, maintaining our agreed-upon rate.
To recap, the highlights of the amendment are as follows:
1) Pay Equality:
Under this amendment, any temporary associate working in an industrial assignment longer than 90 calendar days must be compensated at a rate of pay not less than that of the lowest paid full-time employee at your organization doing the same work, with the same level of seniority.
This includes equality of offered benefits, which may require temporary industrial associates to be given additional hourly compensation reflecting the value of the benefits package provided to your full-time employees.
2) Enhanced Health and Safety Practices:
The amendment also emphasizes workplace health and safety. The law places additional responsibilities on Staffing Agencies and our clients to provide safety training and additional requirements on documenting the training delivered.
Before assigning an industrial temporary associate to your company, we are legally obligated to inquire about and review your health and safety practices, noting any workplace hazards, and working with you to minimize workplace injuries.
We appreciate your patience and understanding during this period of adjustment. Should you have any further questions or require additional information, please don't hesitate to reach out to our Leadership Team.
Thank you for your continued trust in Express. We value our partnership and look forward to navigating these changes together to ensure the continued success of your business.