Section 260.402  Right to Refuse Assignment Due to Labor Dispute

a)         A day and temporary labor service agency must inquire whether a strike, lockout, picket, bannering, handbilling or other work stoppage exists because of a labor dispute at a third party client before sending a day or temporary laborer to work there. [820 ILCS 175/11]

b)         A day or temporary laborer shall have the right to refuse assignment to a place where a strike, lockout, picket, bannering, handbilling, or other work stoppage exists because of a labor dispute without prejudice to receiving another assignment. [820 ILCS 175/11]

c)         A day and temporary labor service agency shall not send a day or temporary laborer to a place where a picket, bannering, handbilling, or other work stoppage exists because of a labor dispute unless it has complied with Section 260.400(a)(9). [820 ILCS 175/11]

d)         If a day and temporary labor service agency fails to provide the information to the day or temporary laborer as required by Section 260.400(d)(2), then it shall constitute a notice violation subject to a private right of action under Section 95 of the Act. [820 ILCS 175/11]

e)            It is a violation of Section 90 of the Act for a day and temporary labor service agency or third party client to retaliate against a worker who exercises or attempts to exercise any right afforded by this Section.

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