The Scale of the Challenge

This landmark ruling establishes that temporary work associates must be compensated as full-time equivalent employees after working for the company for more than 90 days or 720 working hours, whichever comes first. At the 90-day trigger point, the staffing provider is required to notify the company that the worker has reached their equal compensation threshold. The company must then provide either an equal pay calculation or offer full-time benefits equal to or greater than those of a full-time employee equivalent. If the staffing provider fails to notify the company, the company may still be held liable, resulting in fines, public notice, and even a suspension of the companies' business license. This is more than a compliance update; it represents a structural shift in how Illinois manufacturers, light industrial operations, and 3PL providers must think about their labor strategy.

Failing to comply is not just a legal risk. Non-compliance can lead to costly fines, public notices of violations, and, in extreme cases, even suspension of a company’s business license. In a tight labor market, where margins are already under pressure, the cost of getting this wrong is significant.

The Perception Problem

For many manufacturers, the idea of tracking temporary worker tenure feels like a problem for staffing providers to solve. But the law makes it clear: even if the staffing agency fails to notify the business when a worker reaches the 90-day threshold, the business itself remains liable.

This is where perception becomes dangerous. Companies that treat time-and-attendance tracking as “good enough” or rely solely on staffing partners for tenure data risk being blindsided. Manual or delayed reporting leaves room for disputes, compliance audits, and production disruption.

The new reality demands that manufacturers treat temporary labor data with the same rigor as payroll and safety data—accurate, auditable, and available in real time.

Technology as the Bridge

This is where workforce management technology becomes critical. While many time and attendance systems track worker hours, none are built with compliance and productivity in mind. EC Staffing’s platform tracks every hour worked by each temporary associate, regardless of staffing provider, and consolidates tenure data into a single, real-time source of truth.

That means manufacturers can:

• Track tenure automatically: No more spreadsheets or manual roll-ups from multiple agencies.

• Receive proactive alerts: Get notified before workers hit the 90-day or 720-hour threshold, giving finance and HR teams time to prepare equal-pay calculations.

• Maintain a complete audit trail: In case of a state compliance audit, pull reports showing exactly when workers hit their thresholds and how compensation parity was handled.

With real-time visibility, companies can turn compliance from a liability into a point of operational strength.

The Competitive Advantage

Forward-thinking manufacturers aren’t waiting for staffing agencies to provide after-the-fact data—they’re taking control of their workforce information now. By integrating time and attendance data with scheduling, payroll, and cost reporting, they can make better decisions about labor spend and avoid last-minute surprises.

This proactive approach not only protects against penalties but also stabilizes labor costs. Manufacturers that know exactly when temp workers cross the 90-day line can choose whether to extend assignments, convert workers to full-time, or rotate assignments strategically—all while staying compliant.

Just as importantly, accurate tenure tracking builds trust with workers. When temporary associates see that their hours are counted accurately and they receive the pay and benefits they’re entitled to, engagement and retention improve.

Looking Forward

The DTLSA ruling pared with the recent New Jersey Temporary Worker Bill of Rights is a national wake-up call for any business relying on contingency labor. The message is clear: compliance is no longer optional, and responsibility cannot be outsourced.

Organizations that combine competitive compensation with excellent operational systems—clear communication, accurate time tracking, predictable scheduling, and efficient compliance processes—will not just avoid penalties, but will build a more stable and motivated workforce.

The skilled worker isn’t disappearing—they’re just becoming more selective about where they work. Companies that make compliance transparent, fair, and predictable will stand out as employers of choice and will create a sustainable competitive advantage.

The question is no longer if you’ll adapt, but how quickly you can build the systems and processes to stay compliant while controlling costs.