State of Illinois & Employee Misclassification

Several State of Illinois departments, including the Illinois Department of Labor, Illinois Department of Employment Security, Illinois Department of Revenue and Illinois Workers’ Compensation Commission, released a press release regarding a renewed education and enforcement initiative concerning independent contractors and employee misclassification.

As part of the initiative, the Illinois Department of Employment Security is providing a reference website regarding these issues.

 

Illinois Legislative and Administrative Code References

• Public Act 95-26:  820 ILCS 185 (Employee Classification Act)
• Illinois Administrative Code: 56 Ill Adm Code 240
• Illinois Workers' Compensation Act: 820 ILCS 305

820 ILCS 305/26.1

Sec. 26.1. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller, and the Illinois Workers' Compensation Commission shall cooperate under the Employee Classification Act by sharing information concerning any suspected misclassification by an employer or entity, as defined in the Employee Classification Act, of one or more employees as independent contractors.
 

(Source: P.A. 95-26, eff. 1-1-08.)