Last week the Circuit Court of Cook County held that the “interested party” provision of the Illinois Day and Temporary Labor Services Act (DTLSA) is an unconstitutional usurpation of the Illinois Attorney General’s exclusive authority to represent the State of Illinois and that “interested parties,” as defined by the DTLSA, have no statutory standing to sue.
The full March 6, 2026 decision in Figueroa v. Visual Pak Holdings, LLC can be found here.
The DTLSA’s “interested party” provision states that “organization[s] that monitor[] or [are] attentive to compliance with public or worker safety law, wage and hour requirements, or other statutory requirements” may sue to enforce the DTLSA’s provisions irrespective of whether they, or even their members, suffered any injury from the noncompliance alleged.
The Figueroa court certified this decision for direct, nondiscretionary appeal to the Illinois Supreme Court.
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