Section 260.100  Definitions

"Act" means the Day and Temporary Labor Services Act [820 ILCS 175].

"Certificate of Registration" means a document issued by the Department to a day or temporary labor service agency authorizing that agency to transact business in Illinois. A "Certificate of Registration" is also known as a "license".

"Clerical" means, for purposes of the Day and Temporary Labor Services Act [820 ILCS 175], administrative work in an office or office-like setting and may include a combination of answering telephones, bookkeeping, typing or word processing, office machine operations, processing e-mail and other correspondence, and filing. 

"Contract" means an agreement, written, oral or otherwise as agreed to between the parties.

"Cure" means to correct, remedy, or alleviate an alleged violation to the satisfaction of the Director.

"Day" means a calendar day.

"Day or Temporary Laborer" means a natural person who contracts for employment with a day and temporary labor service agency.  [820 ILCS 175/5]

"Day and Temporary Labor" means work performed by a day or temporary laborer at a third party client, the duration of which may be specific or undefined, pursuant to a contract or understanding between the day and temporary labor service agency and the third party client. "Day and temporary labor" does not include labor or employment of a professional or clerical nature.  [820 ILCS 175/5]

"Day and Temporary Labor Service Agency" or "Agency" means any person or entity engaged in the business of employing day or temporary laborers to provide services, for a fee,  to or for any third party client pursuant to a contract with the day and temporary labor service agency and the third party client, and which is located, operates, or transacts business within the State of Illinois. [820 ILCS 175/5]

"Department" means the Illinois Department of Labor.

"Directly Hired Employee" means an individual who works directly for a third party client as an employee and does not contract for that employment through a day and temporary labor service agency.

"Director" means the Director of Labor or a duly authorized representative.

"Hazard" means any source of potential for damage, harm, or adverse health effect that, if left uncontrolled, could result in an injury to or illness of a worker.

"Hours Worked" has the meaning ascribed to that term in 56 Ill. Adm. Code 210.110.  [820 ILCS 175/30(a)(2)]

"Interested Party" means an organization that monitors or is attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. [820 ILCS 175/5] 

"Labor Dispute" means any controversy concerning wages, hours, terms, or conditions of employment. [820 ILCS 175/5]

"Person" means every natural person, firm, partnership, co-partnership, limited liability company, corporation, association, business trust, or other legal entity, or its legal representatives, agents, or assigns.

"Placement Fee" means a fee that a third party client pays to a day and temporary labor service agency in order for the third party client to directly hire a day or temporary laborer as an employee of the third party client, also known as a "conversion fee".

"Professional" means, for purposes of the Day and Temporary Labor Services Act [820 ILCS 175], any person who meets the duties test of a professional under 29 CFR 541.300 through 304 as of March 30, 2003 (no later dates or editions).  Specifically, this means any employee engaged in work predominantly intellectual and varied in character, rather than routine mental, manual, mechanical or physical work.

"Retaliate" means to reprimand, discharge, suspend, demote, deny an assignment, make a materially adverse change to the terms or conditions of the laborer's work, or take any other adverse action against the laborer because of the laborer's involvement in protected activities under the Act or this Part.

"Right to Sue Letter" means a letter notifying an interested party of its right to file an action in civil court under the Act.

"Seniority" means the number of calendar months in which a day or temporary laborer has been assigned to and worked at the third party client compared to the number of calendar months a directly hired comparator employee has been employed by the third party client. [820 ILCS 175/42]

"Third Party Client" or "Client" means any person that contracts with a day and temporary labor service agency for obtaining day or temporary laborers. [820 ILCS 175/5]

(Source:  Amended at 50 Ill. Reg. 7177, effective April 28, 2026)