The Illinois Supreme Court ruled Jan. 19 in a case involving three staffing firms that the Illinois Antitrust Act does not exempt Illinois labor markets from antitrust scrutiny, according to Illinois Attorney General Kwame Raoul’s office.
Three staffing firms had been sued by the attorney general, alleging they formed unlawful agreements to not hire one another’s employees and to fix the wages of employees, according to the office.
“The Illinois Supreme Court has confirmed that Illinois’ Antitrust Act prohibits agreements among employers to restrict worker mobility and fix wages,” Raoul said in a press release. “I am pleased with this important result. My office will continue to enforce Illinois’ statutes to protect the rights of workers to seek better employment opportunities, wages and benefits, which allow them to support themselves and their families.”
Staffing firms involved in the case are Elite Staffing Inc., Metro Staff Inc. and Midway Staffing Inc.
SIA has reached out to attorneys for the staffing firms for comment on the court’s opinion.
The attorney general filed a complaint against the firms in 2020. It alleged Colony Display, which installs fixtures and displays for home improvement and retail businesses, hired the staffing firms to supply workers. The attorney general alleged the staffing agencies agreed to fix the wages for their employees at Colony at below-market rates and that they agreed not to hire one another’s employees. Colony helped the staffing firms enforce their agreement. The attorney general claimed the alleged conducted violated the Illinois Antitrust Act.
The case now returns to the Circuit Court of Cook County, where litigation will continue.
The state of Illinois ex rel. Kwame Raoul, attorney general, appellee, v. Elite Staffing Inc. et al, appellants; Illinois Supreme court; 2024 IL 128763.