Just a Lawyer in Lincoln's Hometown

September 21, 2017

Employee Misclassification in Illinois

Filed under: Employment Law,Wage & Hour Law — Chuck @ 4:43 pm

A friend of mine, who is a building contractor in North Carolina, noted that a new employee misclassification law was coming into effect out there. While I declined to give him advice (even free) about another state’s law, the inquiry made me look again at the misclassification law in Illinois.

Per 820 ILCS 185/10, in Illinois any individual performing services for a building (or related) contractor is assumed to be an employee unless:

  • the individual is and will be free from virtually any control or direction over the individual’s work; AND,
  • the work performed by the individual is outside the usual course of services performed by the contractor; AND,
  • the individual is engaged in an independently established trade, occupation, profession or business; or the individual is legitimate sole proprietor or partnership (long list of tests in Sec C).

The law has been effect for a long time but it still is violated daily. Employees – stand up for yourselves. Employers – do it right!

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