In addition to the federal Fair Labor Standards Act (FLSA) and local labor laws that regulate things like overtime and the minimum hourly wage an employee can be paid, Illinois also has the Day and Temporary Services Act, which protects day laborers and temporary workers in Illinois who are even more vulnerable than full-time and part-time minimum wage employees. Day and temporary workers are more likely than other employees to become victims of minimum wage and overtime violations, and are less likely to be paid or to be paid in full, for all the hours they worked.
One of the biggest problems these workers face is employers who want to keep them “on call” for days they may or may not need to come in. Workers are required to keep this time open in case their employer needs them to come into work, but if the employer does not need them, then they don’t get paid for that day and were unable to work another job during that time.
Under the Illinois Day and Temporary Services Act, employers are required to pay their workers at least four hours’ worth of wages on the days that workers have to set aside but are not required to come into work.
Temporary laborers who are hired through staffing agencies are entitled to employment notices from their agencies telling them the days they’ll be working, what kind of work they’ll be doing, the wages they’ll be paid, and whether meals and/or transportation will be provided. They are also entitled to pay stubs that detail the number of hours they spent working within the pay period, the hourly wage they earned, the total amount they were paid during the pay period, and any deductions taken from their pay for things like taxes or equipment. Continue reading