Plain English Guide to the Illinois Employee Classification Act

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The Employee Classification Act (820 ILCS 185/1-999) was signed into law August 6, 2007 and became effective January 1, 2008. The stated purpose of the law is to address the practice in the construction industry of some contractors misclassifying individuals as independent contractors in order to avoid payroll taxes, unemployment insurance contributions, workers' compensation premiums and minimum wage and overtime payments, because this practice puts contractors that comply with tax and employment

laws at a competitive disadvantage. The Illinois Department of Labor’s Administrative Rules for the Act were adopted and made effective as of July 31, 2008.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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