Workers’ Rights Organizations File Amicus Brief to Protect Temporary Staffing Workers from Anti-Competitive Practices

Illinois – On February 9, 2022, National Legal Advocacy Network, Raise the Floor Alliance and National Employment Law Project filed an Amicus Brief in support of the State of Illinois’ case to combat anti-competitive conduct by three temporary staffing agencies and a company that designs, manufactures and installs custom fixtures. 

According to the state’s complaint, the three temporary staffing agencies, all contracted by the manufacturing company to provide workers to perform industrial work at its facilities, agreed not to poach each other’s workers assigned to the manufacturing company’s facilities, and the manufacturing company colluded with the agencies to enforce the no-poach agreement.  

In their brief, Amici emphasize that temporary staffing workers, disproportionately people of color, often do the same work as permanent, direct-hire employees but for less pay, worse benefits, increased health & safety risks and no job security. They argue that no-poach and wage fixing agreements, like the ones at issue in this case, further degrade these workers’ low wages and poor working conditions.  

Amici also lift up the Illinois Day and Temporary Labor Services Act (IDTLSA), a statute passed to improve labor standards for temporary staffing workers. Amici assert that the IDTLSA and the Illinois Antitrust Act, concerning workers’ job mobility and opportunities for higher wages, can and should work in harmony to improve working conditions for workers. 

To read the full Amicus Brief, click here.